Terms of Use

Effective Date: April 13, 2019

Welcome to RevoTrends! These "Terms" of Use apply to your access to, and use of our mobile applications (collectively the "Apps"), and website located at www.revotrends.com , which are owned and operated by RevoTrends Limited ("RevoTrends", “we”, “us” or “our”). Please read these Terms carefully before using our Services.

Note that section 16 of these terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the forum and/or remedies available to you in the event of certain disputes.

By clicking “i accept” or by accessing or using the services, you agree to be bound by these terms and all of the terms incorporated herein by reference. if you do not agree to these terms, including the mandatory arbitration and class action waiver in section 16, you may not access or use the services.

Not intended for use in the event of emergencies. There are important differences between our communication Apps and your mobile or fixed-line telephone and SMS services. Our Services do not provide access to emergency services, including police, fire departments, or hospitals or to otherwise connect you to public safety answering points. In the event of an emergency, please use your mobile or fixed-line telephone to contact emergency service providers.

RevoTrends reserves the right to revise these Terms from time to time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Effective Date” date at the beginning of these Terms. By continuing to access or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated herein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.

1. Privacy Policy

Please refer to our Privacy Policy from this link for information about how we collect, use and disclose information about you.

2. Eligibility

The Services are not targeted toward or intended for use by anyone under the age of 13. By accessing or using the Services, you represent and warrant that you:

  1. Are 13 years of age or older.
  2. Are a legal resident of the United States.
  3. Have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services.
  4. Have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

3. Registration, Accounts and Communication Preferences

To access and use certain areas or features of the Services, you may need to register for a RevoTrends account (“Account”). By creating an Account, you agree to :

  1. provide accurate, current and complete Account information.
  2. maintain and promptly update, as necessary, your Account information.
  3. maintain the security of your Account credentials.
  4. be responsible for the acts or omissions of any third party who has authority to access or use the Services on your behalf.
You further understand and agree that RevoTrends may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your Account.

By creating an Account, you also consent to receive electronic communications from RevoTrends (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes and other information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

By creating an Account, you also consent to receive electronic communications from RevoTrends (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes and other information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

4. User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:

  1. Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  2. Use or attempt to use another user’s account without authorization from such user and RevoTrends;
  3. Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
  4. Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Services
  5. Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
  6. Develop any third party applications that interact with User Content or the Services without our prior written consent;
  7. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of pages or functionality;
  8. Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

To help support our community, we encourage you to report content in this info@the13app.com or conduct that you believe violates your rights (including intellectual property rights) or our Terms and policies. If we determine that you have violated our terms or policies, we may take action against your account to protect our community and services, including by suspending access to your account, disabling it or terminating it. We may also suspend, disable or terminate your account if you create risk or legal exposure for us or when we are permitted or required to do so by law.

5. User Content

The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). If you decide to share your User Content with others through the Services, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services, and that you will comply with ourCommunity Guidelines , which are incorporated herein by reference.

By using the interactive features and areas of the Services, you further agree not to create, post, share or store any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  5. User Content that impersonates, or misrepresents your affiliation with, any person or entity
  6. User Content that references or depicts RevoTrends or our Services but fails to disclose a material connection to us, if you have one (for example, if you are a RevoTrends employee);
  7. User Content that contains any private or personal information of a third party without such third party’s consent;
  8. User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
  9. User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose RevoTrends or others to any harm or liability of any type.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.

6. Rights in User Content

If you submit content you own, you retain your ownership of your intellectual property rights. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Services or to our pages or feeds on third party social media platforms (e.g., RevoTrends’ Facebook page, Instagram page or Twitter feed), you hereby grant RevoTrends a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

By uploading, posting or submitting User Content to RevoTrends through the Services or through our pages or feeds on third party social media platforms, you represent and warrant that:

  1. Such User Content is nonconfidential
  2. you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content.
  3. you authorize RevoTrends to use such User Content for the purposes described in these Terms.
  4. the User Content is accurate and not misleading or harmful in any manner.
  5. the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.

7. License to Access and Use Our Services and Content

Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the RevoTrends logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of RevoTrends or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Services and Content. However, such license is subject to these Terms and does not include any right to :

  1. sell, resell or use commercially the Services or Content.
  2. distribute, publicly perform or publicly display any Content.
  3. modify or otherwise make any derivative uses of the Services or Content, or any portion thereof.
  4. use any data mining, robots or similar data gathering or extraction methods.
  5. download (other than the page caching) any portion of the Services or Content, except as expressly permitted by us
  6. use the Services or Content other than for their intended purposes.
Any use of the Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of RevoTrends or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by RevoTrends or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

8. Trademarks

“RevoTrends”, the RevoTrends logo and any other RevoTrends product or service names, logos or slogans that may appear on the Services are trademarks of RevoTrends and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “RevoTrends” or any other name, trademark or product or service name of RevoTrends without our prior written permission. In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of RevoTrends and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product or service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by RevoTrends.

10. Third Party Content

We may display content, advertisements and promotions from third parties through the Services (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.

11. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about RevoTrends or the Services (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of RevoTrends. RevoTrends shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless RevoTrends, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “RevoTrends Parties”), from and against all actual or alleged RevoTrends Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:

  1. any use or misuse of the Services or Content by you or any third party you authorize to access or use such Services or Content.
  2. any User Content you create, post, share or store on or through the Services or our pages or feeds on third party social media platforms.
  3. any Feedback you provide.
  4. your violation of these Terms.
  5. your violation of the rights of another.
You agree to promptly notify RevoTrends of any third party Claims, cooperate with the RevoTrends Parties in defending such Claims and pay all of RevoTrends fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the RevoTrends Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and RevoTrends.

13. Disclaimers

The services and content are provided on an “as is” basis without warranties of any kind, either express or implied. revotrends disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the services and content, any warranties that arise from trade usage or custom, and any warranties that the services will be free and clear from any adverse lien or security interests.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

14. Limitations on RevoTrends’s Liability

To the fullest extent permitted by applicable law, in no event shall the revotrends parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the services or content (including, but not limited to, user content, third party content and links to third party sites), or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any revotrends party, or from events beyond the revotrends parties’ reasonable control, such as service interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the revotrends parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of the revotrends parties (jointly) arising out of or in any way related to access or use of the services or content, exceed the greater of $100 or the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute the revotrends parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory.

The limitations set forth in this section 14 will not limit or exclude liability for personal injury or property damage directly and proximately caused by our fraud, gross negligence, or intentional, willful, malicious or reckless misconduct.

15. Release

To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge the RevoTrends Parties from and against, and covenant not to sue any such RevoTrends Party for, all claims you have or may have arising out of or in any way related to these Terms. If you are a california resident, you hereby waive your rights under california civil code 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

16. Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH REVOTRENDS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, INCLUDING A CLASS ACTION WAIVER.

16.1. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and RevoTrends agree :

  1. to waive your and RevoTrends’ respective rights to have any and all Disputes arising from or related to these Terms, or the Services or Content, resolved in a court.
  2. to waive your and RevoTrends’ respective rights to a jury trial.
Instead, you and RevoTrends agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court)

16.2. No Class Arbitrations, Class Actions or Representative Action

You and RevoTrends agree that any Dispute arising out of or related to these Terms or the Services, or Content is personal to you and RevoTrends and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and RevoTrends agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and RevoTrends agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

16.3. Federal Arbitration Act

You and RevoTrends agree that these Terms affect interstate commerce and that the enforceability of this Section 16 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

16.4. Notice; Informal Dispute Resolution

You and RevoTrends agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to RevoTrends shall be sent by certified mail or courier to 1209 Orange Street, Wilmington, Delware 19801. Your notice must include :

  1. your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted.
  2. a description in reasonable detail of the nature or basis of the Dispute.
  3. the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking.
If you and RevoTrends cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or RevoTrends may, as appropriate and in accordance with this Section 16, commence an arbitration proceeding or, to the extent specifically provided for in Section 16.1, file a claim in court.

16.5. Process

EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND REVOTRENDS AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR REVOTRENDS WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND REVOTRENDS WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).

You and REVOTRENDS agree that :

  1. any arbitration will occur in the State of Delaware, County of Wilmington.
  2. arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference.
  3. that the state or federal courts of the State of Delaware and the United States, respectively, sitting in the State of Delaware, County of Wilmington, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

16.6. Authority of Arbitrator

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have :

  1. the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable.
  2. the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms.
The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

16.7. Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either :

  1. acknowledge and agree that you have read and understand the rules of JAMS.
  2. waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

16.8. Severability

If any term, clause or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 16 will remain valid and enforceable. Further, the waivers set forth in Section 16.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

16.9. Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 16 by writing to: 1209 Orange Street, Wilmington, Delware 19801 . In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.

17. Governing Law and Venue

These Terms, and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis in the state or federal courts of the State of Delaware and the United States, respectively, sitting in the State of Delaware, County of Wilmington.

18. Digital Millennium Copyright Act Compliance.

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Site infringes any copyright that you own or control, you may notify RevoTrend’s Designated Agent as follows:

Designated Agent: Revotrends

Address: 1209 Orange Street, Wilmington, Delaware 19801

Email: info@revotrends.com

Telephone: +212 5222-98398

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

19. Modifications to the Services

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time.

20. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

21. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

22. Survival

The following sections will survive the expiration or termination of these Terms and the termination of your Account: all defined terms and Sections 1, 3, 4, 5, 6, 7 (first paragraph) and 8 through 23.

23. Miscellaneous

These Terms, and any other terms and policies incorporated herein, constitute the entire agreement between you and RevoTrends relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of RevoTrends. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and RevoTrends’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.