Relation to the Parties

13. Severability

If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

14. Relationship of the Parties

The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties.

15. Notices

All notices to be provided by Aptree to You under this Agreement may be delivered in writing (a) by nationally recognised overnight delivery service (“Courier”) or mail to the contact mailing address provided by You on any Order Form; or (b) electronic mail to the electronic mail address provided for Your Account owner. You must give notice to Aptree in writing by Courier or mail to P O Box 425 N Boundary St, #1202, Williamsburg VA 23185 and via email at [email protected]. All notices shall be deemed to have been given immediately upon delivery by electronic mail; or, if otherwise delivered, then upon receipt.

16. Governing Law

This Agreement shall be governed by the laws of Delaware, without reference to conflict of laws principles. Any disputes under this Agreement shall be resolved in the courts of the state of Delaware. We may elect to have any dispute between Us resolved by Mediation and/or Arbitration in Delaware in English, with a single Mediator / Arbitrator, and if We do so elect by written notice to You, then that process will apply. You hereby expressly agree to submit to the exclusive personal jurisdiction of this jurisdiction for the purpose of resolving any dispute relating to this Agreement or access to or use of the Services by You, Administrators or End-Users.

17. Rights of Third Parties

Subject to section 2.1 and Schedule 2 (Data Protection Addendum) attached to this Agreement, the parties agree that a person who is not a party to this Agreement (including any Affiliate, Administrator, End-User) has no right or legal standing to enforce any provision of this Agreement against either party.

18. Survival

Sections 1, 3.1, 4 and 9-18 shall survive any termination of Our agreement with respect to use of the Services by You, Administrators or End-Users. Termination of such agreement shall not limit a Party’s liability for obligations accrued as of or prior to such termination or for any breach of this Agreement.