TERMS OF USE

INTRODUCTION

 

This website (“Website”) is operated and controlled by LUNARARK DMCC a company having a license from Virtual Assets Regulatory Authority(“VARA”), Dubai, United Arab Emirates to operate as a Virtual Assets BrokerDealer. 

 

These terms (“Terms”) form a legally binding agreement between You (“Clients”, “You”, “Users”) and Lunar Ark DMCC (“We”, “Our”, “Us”,“Lunar Ark” or “Company”). They govern your use and access of this Website, Lunar Arks’ platform and all Luna Ark Services available to you through any platform. 

 

You understand that, in relation to the use of the Services, in case of any conflict between these Terms and the client agreement, the terms of the client agreement shall prevail. 

 

THE COMPANY RESERVES THE RIGHT TO AMEND THESE TERMS FROM TIME TO TIME, AT OUR DISCRETION, AND WE SHALL PROVIDE YOU WITH PRIOR NOTICE OF30 (THIRTY) DAYS PRIOR TO EFFECTING ANY SUCH AMENDMENT TO THESE TERMS OF USE.IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OR ANY OF THESE TERMS, PLEASE CEASE FROM USING OUR WEBSITE IMMEDIATELY. YOUR CONTINUED USE OF THE WEBSITE WILL BE DEEMED ACCEPTANCE OF THESE TERMS OF USE AND ANY AMENDMENTS HERETO. 

 

The Website is currently offered on a self-service basis.The Services are not directed at, or to be distributed to any persons domiciled under any jurisdiction where all or part of the Services may be contrary to the laws applicable in the United Arab Emirates (“Applicable Laws”). You are solely responsible for compliance with applicable laws and regulations within the jurisdiction that You are located and all other laws or regulations applicable under Your jurisdiction and/or the jurisdiction from which You access theWebsite. 

 

When You use the Website, You represent and warrant that to the Company that: 

1.     You are above 18 (eighteen) years of age, and possess the full capacity to enter into a legally binding contract, to accept the terms and conditions as set out herein under, and enter into transactions asa result of using the Website; 

2.     You have provided Us with accurate, true and complete information about Yourself, as may be required under Applicable Law for Your uninterrupted access to the Website and as may be set out in theseTerms; 

3.     To the extent that You represent one or more businesses or franchises, that You are acting as their authorized representative, and that both You and the entity You represent will be bound by the terms and conditions set out in these Terms; 

4.     Your usage of the Website is and will be in full compliance with Applicable Law and regulations for the time being in force, is not prohibited by any laws or regulations otherwise applicable to you, and is not for illegal or for any immoral purpose and that You are in compliance of all laws in relation to the reporting any trading activities or profits for taxation purposes; and 

5.     Your use of the Website will be consistent with the foregoing license, covenants and restrictions, and 

6.     You are not infringing nor violating the rights of any other party. 

 

You agree that the Company reserves the right to suspend or terminate Your access to the Website, in the event that: 

1.     The Company reasonably suspects that You are in breach of any of Your obligations under these Terms of Use; 

2.     The Company reasonably suspects that You have committed any fraudulent or illegal activities, in breach of Applicable Law; or 

3.     For any other reason that the Company feels necessary to ensure compliance with the laws and regulations applicable to theCompany. 

 

You agree and acknowledge that You are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licenses, permits, database, equipment, external software or any other resources as may be required and/or necessary for Your use of the Website(such as, computer, mobile device, internet connection and telecommunications)and any relevant payment system. You agree that the Company will not be liable to bear any costs, expenses, losses or other damages which You may incur directly or indirectly, with respect to such hardware, facilities, connections, licenses, permits, database, equipment or external software or any other resources as may be required, in connection with Your use of the Website. 

 

If you have any questions about the Website, or these Terms of Use, You may contact Us at Clientservices@Lunarark.ae. Complaints about ourServices or the Website will be dealt with in accordance with Our ComplaintsHandling Policy. You can obtain further detailed information on your rights by contacting the Company via contact details above. Please contact Us as soon as possible if you become aware of an error or any other problems related to theWebsite. 

 

Please note the following: 

1.     This Website is only a promotional marketing website, and only provides information on the Company and its licensed activities. As a Virtual Assets Broker Dealer registered with VARA, the Company is authorised to provide services by arranging orders for the purchase and sale of Virtual Assets between two entities or persons; soliciting or accepting orders for Virtual Assets by accepting fiat currency or other Virtual Assets for such orders; and entering into virtual asset transactions as a dealer on behalf of an entity for its own account (collectively the “Services”). 

2.     By accessing this Website, registering for aLunar Ark account and/or using any Lunar Ark Services, you agree that you have read, understood, and accepted these Terms, as well as any additional documents or terms referenced herein. 

3.     You acknowledge and agree to be bound by and comply with these Terms, including any updates or amendments. If you do not understand or accept these Terms in their entirety, you should not access or use this Website or register for a Lunar Ark account or use any Lunar ArkService. 

4.     These Terms, including any and all referenced documents such as the Privacy Policy, apply to anyone who accesses our Website and/or uses our Services, accesses, refers to, views, or downloads information or materials from the Lunar Ark Platform. 

5.     Any terms following "including,""include," "in particular," "for example," or similar expressions are meant to illustrate, not limit, the preceding terms. 

6.     References to "publish,""notification," "notice," "written notice,"and/or "public notice" from Lunar Ark refer to notices published on the Platform or communicated via the Platform, email, or another agreed-upon method. 

7.     All capitalized terms will have the meanings assigned to them in Schedule A of these Terms. 

RISK DISCLOSURE 

 

As with any asset, the value of virtual assets can vary widely, and there is a significant risk of financial loss when buying, selling, holding, or investing in them. You should carefully consider whether trading or holding virtual assets is appropriate for you based on your financial situation. 

 

For more details on the risks involved in using Lunar ArkServices, please review our Risk Disclosure Statement available on our Website, which may be updated periodically. You must read the Risk Disclosure carefully, but it does not cover all potential risks or how they may specifically affect your personal circumstances. It is crucial that you fully understand the risks before deciding to use our Services. 

 

We are not your intermediary, agent, or advisor, and we do not have any fiduciary duties to you in connection with any transactions or activities undertaken through Lunar Ark Services. We do not offer investment or consulting advice, and any information or communication provided by us should not be interpreted as advice of any kind. 

The information, reports, products, data, services, tools, and documents available on the Lunar Ark platform are for informational purposes only and do not constitute an advertisement, offer, or solicitation to buy or sell investment instruments, complete any transaction, or enter into any legal agreement. 

 

You are responsible for determining whether any investment, investment strategy, or related transaction is suitable for you based on your personal investment goals, financial situation, and risk tolerance. You assume responsibility for any associated losses or liabilities. 

 

We do not recommend whether you should buy, earn, sell, or hold any virtual asset. Before making any decisions regarding virtual assets, you should conduct your own research and consult with a financial advisor. We are not liable for any decisions you make regarding the purchase, earning, sale, or holding of virtual assets based on the information we provide, including any losses you may incur from those decisions. 

 

WHILE UTILISING THE SERVICES, YOU UNDERSTAND THAT THE SERVICES RELATE TO VIRTUAL ASSETS AND THEIR SALE AND PURCHASE. YOU AGREE AND UNDERSTAND THAT THE PURCHASE AND SALE OF VIRTUAL ASSETS INVOLVES SIGNIFICANT RISK, AND THE RISK OF RESULTING LOSS MAY BE SUBSTANTIAL. YOU ARE ADVISED THAT YOU REFER TO THE RISK DISCLOSURES OF THE COMPANY.

 

By accessing the Website and/or the Services, You agree and acknowledge that You have been informed and that You understand the risk warnings set out above. The Company will continually update its risk analysis of virtual assets and the resultant Risk Disclosures, and You agree to keepYourself updated in this respect. 

OUR SERVICES 

 

Lunar Ark will offer Broker-Dealer Services and has applied for the necessary licenses from the relevant authorities. At no time will we provide Services for a regulated activity, as defined by Applicable Law, without the appropriate license. 

 

Please note: 

1.     Approval of you as a Client is at the sole discretion of Lunar Ark. 

2.     You must use the Services in accordance with the guidelines set by Lunar Ark under the client agreement and as outlined in theseTerms. 

3.     In the case of transactions or transfers involving accepted virtual assets, Lunar Ark will rely on the accuracy and validity of the destination information you provide. Any such transfer to a withdrawal destination will be at your own risk. 

INTELLECTUAL PROPERTY 

 

You acknowledge and agree that Lunar Ark is the sole owner of all rights, title, and interest in the materials on the Website, including without limitation, the text, user interface, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”)and the trademarks, service marks, slogans, icons and logos contained therein(“Marks”), except for any rights held by third-party licensors, including technology providers. You do not, and will not, acquire any rights to the intellectual property rights (“IP Rights”) in any Materials or Marks. 

 

You agree and acknowledge that all Materials and Marks are subject to copyright and other intellectual property rights in the United ArabEmirates and/ or other countries, as the case may be. 

 

Materials and Marks on the Website are provided to You “ASIS” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. Company reserves all rights not expressly granted herein, to the Website, Marks and the Materials. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Marks and/ or Materials or enforce limitations on use of the Website or the Marks and/ or Materials therein. 

 

You must not: 

1.     Alter, maintain, enhance, or otherwise modify the Platform (or attempt to do so); or 

2.     Disassemble, decompile, reverse-engineer, copy, fix bugs, correct, update, transfer, broadcast (or attempt to do so), or create derivative works based on the Lunar Ark Platform. 

 

Unless otherwise stated, all Materials on or accessible through the Platform are owned by Lunar Ark and protected by copyright, trademark, and other applicable laws. You may view, print, and/or downloadMaterials from the Platform only for your personal, informational, and non-commercial use, provided you adhere to all copyright and other proprietary notices. 

 

The Marks used in connection with the Platform are the property of Lunar Ark. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio on the Platform are either owned byLunar Ark or used under license. These Marks and Material must not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether manual or automated. Using any of these materials on any other website or networked computer environment for any purpose is strictly prohibited and may violate copyright, trademark, and other applicable laws. 

DATA COLLECTION 

 

You agree that the Company may periodically collect, store and use data (including, but not limited to technical information) in connection with Your use of the Website (“Usage Data”). In addition, Company’s systems may automatically collect other data about Your operations, depending on the specific technology used by You for the implementation of the Website.The Usage Data is the sole property of Company. We may use such data: 

1.     to provide You access to the Website; 

2.     to improve the Website; 

3.     to personalize and enhance the use of theWebsite; 

4.     to keep record of any correspondence that theCompany has with You; 

5.     to address and troubleshoot any issues that You may have with the Website; 

6.     to evaluate Your use, preferences and trends for internal statistical and analytical purposes and in respect of operations and product development; or 

7.     for any other purpose that the Company may deem fit for the purpose of providing Services and access to the Website. 

 

By visiting the Website, You hereby authorize us, directly or through Our third-party service providers, to seek information from Your network service provider, to obtain Your IP address and to obtain the location of Your IP address. Persons located in the countries specified as RestrictedJurisdictions (as defined herein below) are not permitted to use the Website.This restriction also applies to residents and citizens of other nations while located in a jurisdiction where the Company does not provide its services(“Restricted Jurisdiction”). The fact that the Website is accessible in aRestricted Jurisdictions, or that the Website allows the use of the official language of a Restricted Jurisdictions, shall not be construed as a license to use the Website in such Restricted Jurisdictions. Any attempt to circumvent this restriction, including, by using a virtual private network, proxy or similar service that masks or manipulates the identification of Your reallocation, or by otherwise providing false or misleading information regardingYour citizenship, location or place of residence, or by using the Website through a third party or on behalf of a third party located in a RestrictedJurisdictions, shall be deemed to be a breach of these Terms. In the event of the occurrence of such a breach of these Terms, or in the event that theCompany has reasonable grounds to suspect, that You are located in any of theRestricted Jurisdictions, the Company shall be entitled to suspend or terminateYour access to the Website without an obligation to provide You with advance notice, in accordance with all Applicable Laws. 

 

The Company may share Your personal and other information(“User Information”) with Our affiliate 

companies or third parties to verify and validate information, and to address customer service matters. By using the Website, You hereby agree to Your User Information may be passed to third parties, sole lyfor the purpose to facilitate Your usage of the Website. While theCompany does not sell Your User information, We may need to share YourUser Information with third parties acting on Our behalf or as may be requiredby law, regulations or the order of a court of competent jurisdiction. Companywill use reasonable efforts to ensure that Your User Information is used in areasonable manner, and You hereby agree and permit the Company to share YourUser Information with regulators, law enforcement authorities and governmentagencies if the Company is so requested. Company will store Your UserInformation in accordance with the data protection principles contained underthe Applicable Law. All of Our policies related to Your User Information andits use by the Company shall be contained in the Privacy Policy. 

 

As a Company, Company is bound by the Applicable Laws in theUAE targeted at ensuring compliance with anti-money laundering and counter-terrorist financing. The Company follows strict measures and standards toensure ongoing compliance with these regulatory requirements. You understandthat the standards are designed to prevent the misuse of the Website or theservice to aid money laundering or terrorist financing activities. We takecompliance very seriously and take all necessary steps to prohibit fraudulenttransactions, report suspicious activities, and actively engage in theprevention of money laundering and related acts that facilitate moneylaundering, terrorist financing or any other financial crimes. 

PROHIBITED USE OF THE WEBSITE 

 

You agree that You shall not exploit the Website in anyunauthorized way whatsoever, including but not limited to trespass, or materiallyburden the network capacity of Company and You shall not use the Website forany illegal or immoral purpose, or in violation of any Applicable Laws, such aslaws governing intellectual property and other proprietary rights, dataprotection and privacy, anti-money laundering and currency control. Youacknowledge that You are fully responsible for satisfying any legal andregulatory requirements applicable in countries and jurisdictions in which Youoperate. 

 

Company reserves the right to apply any limits on the use ofthe Website as We deem fit, for example, by limiting the available features, ornumber of supported Users and/or transactions. We further reserve the right topublish such limitations, or to amend such limitations at will, in each case inOur sole discretion. 

 

You may not use the Website to engage in the followingcategories of activities (“Prohibited Uses”), which shall include, but not belimited to: 

1.     Unlawful Activities. Activities which wouldviolate, or assist in violation of, any law, statute, ordinance, or regulation,sanctions programs administered in any countries, including but not limited toany sanctioned persons or countries, or which would involve proceeds of anyunlawful activity; publish, distribute or disseminate any unlawful material orinformation; 

2.     Abusive Activities. Actions which impose anunreasonable or disproportionately large load on Company’s infrastructure, ordetrimentally interfere with, intercept, or expropriate any system, data, orinformation; transmit or upload any material to the Website that containsviruses, Trojan horses, worms, or any other harmful or deleterious programs;attempt to gain unauthorized access to the Website, other user’s accounts,computer systems or networks connected to the Website, through password miningor any other means; 

3.     Abuse Other Users. Interfere with another user’saccess to or use the Website, or any part thereof, defame, abuse, extort,harass, stalk, threaten or otherwise violate or infringe the legal rights (suchas, but not limited to, privacy rights, publicity and intellectual propertyrights) of other users; incite, threaten, facilitate, promote, or encourageviolent acts against other users; harvest or otherwise collect information fromthe Website about other users, including without limitation, any personalidentifiable data, without proper consent; 

4.     Fraud. Activities which operates to defraudCompany or any other person; provide any false, inaccurate, or misleadinginformation to the Company, gambling, lotteries; bidding fee auctions; sportsforecasting or odds making, fantasy sports leagues with cash prizes, internetgaming, contests, sweepstakes, and games of chance; and 

5.     Intellectual Property Infringement. Engage intransactions involving items that infringe or violate any copyright, trademark,right of publicity or privacy or any other proprietary right under anyApplicable Law, including but not limited to, sales, distribution, or access tocounterfeit music, movies, software, or other licensed materials without theappropriate authorization from the rights holder, use of Company’s intellectualproperty, name, or logo, including use of Company’s trade or service marks, withoutexpress consent from the Company or in a manner that otherwise harms Company orthe Company brand; or perform any action that implies an untrue endorsement byor affiliation with Company. 

YOUR OBLIGATIONS 

 

You must ensure that you always comply with these Terms anduse the Services and the Platform strictly in accordance with these Terms.Specifically, you must ensure, to the best of your ability, that allinformation you provide us, including payment details, is accurate andcomplete. 

 

You are responsible for ensuring that any software installedon your computer is kept free from viruses; and regularly backing up all yourimportant data. 

LIMITATION OF LIABILITY 

 

We are not responsible or liable to you if: 

1.     you divulge or give any security informationand/or your security measures to an unauthorised third party; 

2.     any third party sees information concerning youraccount or transactions displayed on your screen; 

3.     any third party observes you when entering yoursecurity measures; 

4.     any third party overhears any telephone callthat you make to us in connection with your account or any aspect of theplatform. 

 

Subject always to our obligations as data controller orprocessor for the purposes the applicable data protection laws applicable orextending to your use of the services, We are not liable for any disclosure ofconfidential information to any third party resulting from your misuse of theplatform or where you have failed to keep any security measures safe andconfidential. 

 

Except if it arises from our negligence, fraud or willfuldefault, you will be liable to compensate us in full for any losses, costs,liabilities, actions and/or expenses regulating from your failure to complywith these Terms, or resulting from any action taken by us or our agents inaccordance with your instructions and these Terms. 

 

Lunar Ark shall not be liable in damages or otherwise foranything done or omitted to be done in the performance of its obligations,including any obligation to which it is subject under these Terms, unless it isshown that the act or omission in question was taken in bad faith. 

 

To the full extent permitted by applicable law, Lunar Arkwill not be liable for any direct, indirect, related, special, disciplinary, orconsequential damages of any kind. 

 

The limitation set out under this clause extends to lossesor profit reductions which are related to your access to and use of theplatform regardless of whether such damages arise from claims brought incontract, offences, negligence, warranty, strict liability, or any otherapplicable theory or principle of liability. 

 

COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES(INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF APARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BERESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING OUT OF ORIN CONNECTION WITH YOUR INABILITY TO USE THE WEBSITE, INCLUDING AS A RESULT OF ANY(I) TERMINATION OR SUSPENSION OF YOUR USE OF OR ACCESS TO THE WEBSITE, (II) OURDISCONTINUATION OF ANY OR ALL OF THE WEBSITE, OR, (III) WITHOUT LIMITING ANYOBLIGATIONS UNDER ANY SEPARATELY AGREED SERVICE-LEVEL AGREEMENTS, OR THE CLIENTAGREEMENT, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THEWEBSITE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURESOR OTHER INTERRUPTIONS; (IV) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BYYOU IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF OR ACCESS TO THEWEBSITE; OR (V) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THEDELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OROTHER DATA. 

WARRANTIES AND DISCLAIMERS 

 

Access to the Platform and Services are provided on a “asis” and “as available” basis, without warranty of any kind, and Lunar Arkdisclaims on its own behalf and on behalf of its affiliates and serviceproviders, to the full extent permitted by law, all warranties which are expressed,statutory, or implied, with respect to the Platform and Services, its contentand this also includes, without limitation, implied warranties of title,non-infringement, merchantability, fitness for a particular purpose, and allwarranties arising from course of dealing or performance, usage or tradepractice. Without limitation to the foregoing, Company provides no warranty orundertaking, and makes no representation of any kind that the Platform and anyof its content thereon will meet your requirements, achieve any Intendedresults, be compatible or work with any other software, applications, systemsor services, operate without interruption, meet any performance or reliabilitystandards or be error free or that any errors or defects can or will be corrected. 

 

Lunar Ark, its affiliates and its service providers give noguarantee, representation or warranty, of any kind be it express or impliedthat the Platform will not face interruption, that it will operate incombination with other software, services, systems, or other data sets, theinformation, content, and materials or products included thereon, the accuracy,reliability, or currency of any information or content provided through theWebsite or Services; or service, its servers, the content, or e-mails sent fromor on behalf of the Company are free of viruses, scripts, trojan horses, worms,malware, time bombs or other harmful components. 

 

Any content accessed, downloaded or otherwise obtained on orthrough the use of the Website is at your own discretion and risk. Companyshall have no responsibility for any damage to your computer system or loss ofdata that results from the download or use of content therefrom. Company makesno representation in relation to the suitability of any information, software,and services contained on this website for any purpose, the display orpromotion of any virtual assets on this website does not constitute anyendorsement or recommendation of investment thereof. Nothing on the Websiteconstitutes any investment advice or any inducement of investment. You agree torely on the website or any of the services is at your own discretion and risk.Company does not warrant that the website will meet your requirements and doesnot guarantee that the use or other exploitation of the Website will lead toany favourable results as may be expected by you. No advice or information,whether oral or written, obtained by you from Company, or through the websitewill constitute any warranty and/or representation. Company may pause orinterrupt the website at any time, and you should expect periodic downtime forupdates to the website. 

 

Lunar Ark is not responsible for and shall have no liabilityin respect of any losses suffered or incurred by you resulting from the failureor default of any third party on any transaction. 

 

You agree and acknowledge that the transactions undertakenon the platform are not subject to any compensation scheme.

 

You agree that the entire risk of accessing and use of thePlatform shall be borne by You and that Lunar Ark shall not be responsible foranything done or omitted to be done by You.  

INDEMNITY 

 

You must defend, indemnify, keep indemnified and holdharmless Lunar Ark and each of Our respective employees, officers, directors,and representatives from and against all liabilities, costs, damages, claims,losses, legal fees, and expenses arising from or relating from breach of theseTerms by You, or Your violation of any Applicable Law which may result in abreach of these Terms by You, or arising out of or relating to any third partyclaim. 

 

You agree to indemnify the Company in respect of any damagesand additional expense (including, but not limited to legal costs and debtcollection expenses) which We may suffer or incur, directly or indirectly, as aresult of unlawful actions conducted by You including by way of any ProhibitedUses, which may result in the breach of Your obligations under theseTerms. 

 

The indemnity provided by You above includes andextends to damages arising from direct acts or omissions (including withoutlimitation breach of this Agreement, as well as any judgments, settlements, andexpenses (including reasonable legal fees and other legal costs) arising from athreatened or actual lawsuits, investigations, proceedings, or other claimsbetween You and Lunar Ark or a third party relating to the use of the Platform.

NOTICES 

 

Any notice, demand or communication given by us under theseTerms will be given via email and may additionally be given via any agreedmeans of communication stated in the client agreement.  

ASSIGNMENT AND SUB-CONTRACTING  

 

You may not assign or transfer any of Your obligations,rights and/or benefits under these Terms. We may assign our rights, obligationsand benefits at any time without prior written notice to you. We maysubcontract any of our obligations under this Agreement. 

SEVERABILITY 

 

If any part of these Terms shall be invalid or unenforceable,such invalidity or unenforceability shall not affect the validity orenforceability of any other part or provision of these Terms which shall remainin full force and effect. If any provision or part-provision of these Terms isor becomes invalid, illegal or unenforceable, it shall be deemed modified tothe minimum extent necessary to make it valid, legal and enforceable. If suchmodification is not possible, the relevant provision or part provisionshall be deemed deleted. Any modification to or deletion of a provision orpart-provision under this paragraph shall not affect the validity andenforceability of the rest of these Terms. 

NO WAIVER  

 

Any delay or failure to exercise any right or remedy underthese Terms by us shall not be construed as a waiver of that right or remedy orpreclude its exercise at any subsequent time. 

CUMULATIVE REMEDIES 

 

Except as expressly provided in these Terms, the rights andremedies provided under these Terms are in addition to, and not exclusive of,any rights or remedies provided by Applicable Law.