Micro Matic - Data Use Addendum - Flipbook - Page 9
formation, interpretation, applicability, validity, or enforceability of this arbitration provision or
this Agreement; all issues about what claims or disputes or parties are covered by this arbitration
provision; and all substantive or procedural defenses to enforcement of this arbitration provision.
You and Micro Matic agree and understand that these methods shall be the sole remedy to
resolve any controversy or claim arising from or related to the Dispute, and expressly waive their
right to file a lawsuit in any civil court against you or Micro Matic for such disputes, except to
enforce an arbitration decision or to compel arbitration. All matters relating to this Agreement,
and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the
internal laws of the State of Florida without giving effect to any choice or conflict of law provision
or rule (whether of the State of Florida or any other jurisdiction). You agree that any arbitration
shall take place in Hernando County, Florida.
15. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS
AGREEMENT, THE EQUIPMENT, YOUR ACCOUNT, SMART DRAFT#, OR THE BEVERAGE PORTAL
MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES;
OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY STATUTE OF LIMITATIONS THAT CANNOT BE LIMITED
UNDER APPLICABLE LAW.
16. Headings
The headings in this Agreement are for reference only and shall not affect the interpretation of
this Agreement.
17. Waiver and Severability
No waiver by Micro Matic of any term or condition set out in this Agreement shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or condition,
and any failure of Micro Matic to assert a right or provision under this Agreement shall not
constitute a waiver of such right or provision.
If any provision of this Agreement is held by a legally valid tribunal to be invalid, illegal, or
unenforceable for any reason, such provision shall be eliminated or limited to the minimum
extent such that the remaining provisions of this Agreement will continue in full force and effect.
18. No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto and their respective successors and
permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any
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