TERMS OF SERVICE

Terms of Service
BLOCKFARMS – CHAINLINK ORACLE & NON-CUSTODIAL VALIDATION TERMS OF SERVICE
Last revised: 12 September 2023

SECTION 1 - Terms of Service Overview
§1.1 This agreement (the “Agreement”) constitutes a legal agreement between the user (“User”, “you”, and “your”) and BlockFarms LLC-FZ, a company registered (2305899) in the United Arab Emirates with a registered office at Business Center 1, The Meydan Hotel, Floor M, And Al Sheba, Dubai, United Arab Emirates (“BlockFarms”, “we”, and “us”).
§1.2 This Agreement specifies the terms under which you use the website located at block-farms.io (the “Site”) and any Services (defined below). Please read this Agreement carefully before agreeing to use our Services because they govern your use of the Services. By using the Services, you agree to be bound by the terms of this Agreement (the “Terms of Service”) and any other policies or terms communicated to Users by BlockFarms through the Services. If you do not agree to be bound by these Terms of Service, do not use the Services.
§1.3 Please read the following Terms of Service carefully, together with our: ‘Privacy Policy’ (the “Privacy Policy”); and Any product-specific addendum that may apply based on your use of the Services in connection with a particular product (which may be found at the end of the Terms of Service) (an “Applicable Addendum”), each of which are incorporated by reference into these Terms of Service. If you do not agree to all of these Terms of Service, you may not access or use the Services. Failure to abide by these Terms of Service may result in your immediate suspension of rights and access to the Services.
§1.4 Notice on Prohibited Use – Restricted Persons: The services are not offered to and may not be used by persons or entities who: (i) reside in, are citizens of, are located in, are incorporated in, or have a registered office in any state, country, or other jurisdiction that is designated by the U.S. Secretary of State as a country supporting international terrorism, or that is subject to economic sanctions such that U.S. nationals cannot lawfully engage in transactions as designated by the Office of Foreign Assets Control (OFAC) (each such jurisdiction, a “Restricted Jurisdiction”); or (ii) listed on the OFAC Specially Designated Nationals, Blocked Persons List, or any other consolidated prohibited persons list as determined by any applicable governmental authority (each such person or entity, a “Restricted Person”). We do not make exceptions. Therefore, if you are a Restricted Person, you are not permitted to, and do not attempt to, use the services. Use of a scheme or means (e.g., a virtual private network), whether direct or indirect, that is intended or reasonably likely to circumvent the restrictions set forth herein is prohibited.
§1.5 Notice: You agree that disputes regarding the service will be resolved by binding, individual arbitration, and you waive your right to participate in a class-action lawsuit or class-wide arbitration.
§1.6 Before using our service, you will need to enter into a stake contract on a blockchain we support. We do not control the operation of any blockchain, including any rewards that may be obtained through the blockchain. Any rewards you obtain are not legal tender, not backed by any sovereign government, may not be withdrawn for a period of time (or any time), are subject to the operation of the blockchain, and if withdrawn will be subject to significant fluctuations in price and liquidity that may be unpredictable. The regulatory landscape regarding cryptocurrencies could change and affect your ability to use, transfer, or exchange any token in your possession. The service is provided “as is” without any condition or warranty whatsoever. Your use of the service is entirely at your own risk. Accordingly, it is important that you read this entire agreement carefully to ensure that you fully understand your rights and obligations, and the potential repercussions and liability for you should you fail to adhere to your obligations or in any other way be in breach of this agreement.

SECTION 2 - Definitions
§2.1 Applicable Law: any applicable national, provincial, international, federal, state, county, and local statute, law, ordinance, regulation, rule, code, and order.
§2.2 Chainlink Oracle Services: custom computational and data-related services in accordance with the Chainlink infrastructure and the client protocols smart contracts that the data is reported to. These services encompass but are not limited to the retrieval, verification, aggregation, and delivery of data from various off-chain sources to on-chain smart contracts, facilitating the execution of smart contracts, and other related activities designed to support the operation and functionality of blockchain networks integrated with the Chainlink ecosystem.
§2.3 Party: you or us, as applicable, and “Parties: you and us collectively.
§2.4 Prohibited Content: content that: (i) is illegal under Applicable Law; (ii) violates any third party’s intellectual property rights, including, without limitation, copyrights, trademarks, patents, and trade secrets; (iii) contains indecent or obscene material; (iv) contains libelous, slanderous, or defamatory material, or material constituting an invasion of privacy or misappropriation of publicity rights; (v) promotes unlawful or illegal goods, services, or activities; (vi) contains false, misleading, or deceptive statements, depictions, or sales practices; or (vii) contains viruses, Trojan horses, worms, or any other harmful, malicious, or hidden procedures, routines, mechanisms, or code.
§2.5 Services: our provision of the site and software and related services that will enable BlockFarms to obtain and manage Chainlink oracles and/or validation services.
§2.6 Service Fees: additional fees BlockFarms may charge to provide services to you.
§2.7 Slashing: any slashing penalty assessed by the Blockchain for a material failure to perform the validation services.
§2.8 Stake: the amount of cryptocurrency assets staked by the User as part of depositing tokens to a stake contract.
§2.9 Stake Contract: a blockchain-based program or set of programs that enable(s) you to store your value as stake pursuant to the staking network/protocol on the applicable supported blockchain network.
§2.10 Staking Reward: the amount of newly issued or distributed cryptocurrency assets you receive based on the stake committed to the applicable supported blockchain network. Staking rewards are generated pursuant to the applicable supported blockchain’s staking protocol. We do not control the issuance of staking rewards.
§2.11 Supported Blockchain: a blockchain on which BlockFarms operates at least one node participating in network consensus operations and/or the validation of transactions. The list of supported blockchains is available on our site. Additional terms found in a network addendum may apply to services obtained on certain supported blockchains.
§2.12 Validator: validation software developed and maintained by the blockchain’s community and developers provided “AS IS” that allows you to effect Validation Services during the Term of the Services provided to you.
§2.13 Validation Services: computational services performed in accordance with the validation or consensus protocol that records or updates state and contributes to the security of a supported blockchain, including creating blocks, submitting attestations, monitoring for malicious behaviors, reporting malicious behaviors, and observing such blockchain for new deposits performed through the services.
§2.14 Validator Signing Key: the cryptographic key pair created in connection with a stake contract, if applicable pursuant to staking protocol on the supported blockchain, which is used by BlockFarms at the direction of the User to perform the validation services.
§2.15 Withdrawal Key: the cryptographic key created in connection with a stake contract, if applicable pursuant to staking protocol on the supported blockchain, that enables the withdrawal of stake and staking rewards by the User. Control of the private key component of the withdrawal key entails the ability to control the stake. You should carefully guard and keep confidential the private key component of your withdrawal Key. The public key component of the withdrawal key is publicly recorded on the supported blockchain.

SECTION 3 - Access and Use of the Services
§3.1 You may use the Services only if you are 18 years or older and capable of forming a binding contract with BlockFarms, and not otherwise barred from using the Services under these Terms of Service or applicable law.
§3.2 During the term of this Agreement, we will provide you access to and use of the Services, which shall be accessible through the internet. Your right to access and use the Services hereunder is limited, non-transferable (except as may be provided in an Applicable Addendum), non-sublicensable and subject to your full compliance with the Terms of Service.
§3.3 As between you and BlockFarms, staking assets using the Services does not affect your ownership of the assets. When you stake assets you own, you continue to own those assets. Title to such assets remains with you and is not transferred to BlockFarms.
§3.4 To obtain Validation Services, you may be required to transfer the minimum stake to a stake contract. Some supported blockchains may require you to establish a withdrawal key corresponding to the stake contract. We will never ask and/or take possession of your stake or the private key component of any withdrawal key created.
§3.5 You authorize BlockFarms to create a validator signing key and use it to sign blockchain transactions as required for the performance of validation services. If you choose to withdraw your stake or terminate the validation services, this validator signing key will no longer be functional. Subject to the operation of the blockchain, the creation of a new validator signing key may be required for each time you stake cryptocurrency assets using the validation services.
§3.6 You agree that you will not (and will not authorize, permit, or encourage any third party to): (i) attempt to gain unauthorized access to the accounts of other Users of the Services; (ii) attempt to gain unauthorized access to the information of other Users of the Services or use the information of other Users of the Services; (iii) use the Services in violation of any Applicable Law; (iv) use the Services to harass or harm any other User or other person in any way; (v) use the Services to build a competitive product or service, or for any purpose not specifically permitted in this Agreement; (vi) interfere with or disrupt the Services; (vii) attempt to circumvent any security measure associated with the Services, access the Services from any location in which it is not offered, or attempt to circumvent any access restrictions; (viii) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or any other aspect of the Services; (ix) modify, adapt, or create (or attempt to create) derivative works from the Services; (x) make any copies of the Services (or any portion thereof); (xi) resell, distribute, or sublicense the Services; (xii) remove or modify any proprietary marking or restrictive legends placed on the Services; or (xiv) introduce, post, upload, transmit, or otherwise make available to or from the Services any Prohibited Content.
§3.7 By using the Services, you represent and warrant that you are not a Restricted Person and do not reside in a Restricted Territory.
§3.8 The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
§3.9 We reserve the right to assist you in the event that you lose control of your wallet, but we are not required to assist you.

SECTION 4 - Changes to these Terms or the Services.
§4.1 We may update the Terms of Service from time to time in our sole discretion. If we do, we will let you know by posting the updated Terms of Service to the Site and/or may send other communications. It is important that you review the Terms of Service whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms of Service, this means that you accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
§4.2 We reserve the right to change the list of supported blockchains in our sole discretion, for any reason or no reason at all.

SECTION 5 - Termination and Suspension.
§5.1 We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including as required by applicable law or any governmental authority, or if we determine that you are violating these Terms of Service. Such suspension or termination shall not constitute a breach of these Terms of Service by BlockFarms. In accordance with any applicable anti-money laundering, anti-terrorism, anti-fraud, or other compliance policies and practices, we may impose reasonable limitations and controls on your ability to use the Services. Such limitations may include where good cause exists, rejecting transaction requests or otherwise restricting you from using the Services. Upon any termination, discontinuation or cancellation of the Services, the following Sections will survive: §8, §9, §11, and §12.
§5.2 If you choose to terminate this Agreement and cease using the Services, you may be required to sign and broadcast to the blockchain an exit transaction effecting the withdrawal of your stake from the Services.

SECTION 6 - Fees and Rewards.
§6.1 We may charge fees for Services we make available to you (“Service Fees”), and we reserve the right to change those fees at our discretion upon notice to you. We will disclose the amount of fees we will charge you for the applicable Services at the time that you access the Services.
§6.2 All Service Fees are non-refundable, including if you choose to terminate this Agreement or if we terminate your access to and use of the Services as provided for hereunder.
§6.3 You will receive staking rewards as provided by the operation of the supported blockchain on which you are staking, net of any Service Fees. We have no control over those rewards, and the operation of the blockchain and the amount of any staking rewards is subject to change without any control or input by us. We do not guarantee and do not make any representations regarding staking rewards. Any reference on our site to past or projected staking rewards is an estimate and may change over time.
§6.4 You are solely responsible for the payment of any applicable taxes due with respect to your share of staking rewards. Neither BlockFarms nor any of its agents shall provide any advice or guidance with respect to the tax obligations of the User. The tax characterization of the transactions contemplated by this Agreement under the laws of certain countries may be unclear. You are strongly encouraged to seek advice from your own tax advisor to discuss the potential tax consequences of the receipt of any staking rewards.

SECTION 7 - Slashing.
§7.1 Staking is inherently risky. Any token balance that you stake on a blockchain network may be diminished or lost based on operation of the blockchain, such as, for example, if penalties or slashing are incurred. We will use commercially reasonable efforts to prevent the occurrence of any slashing event, but we do not guarantee that slashing will not occur.
§7.2 To the extent that there are slashing, or other penalties imposed resulting directly and solely from actions taken by BlockFarms that impact you, BlockFarms may, in its sole discretion, provide a refund up to the amount of the Services Fee. However, BlockFarms does not assume any obligation or liability with respect to slashing or other penalties, including where incurred based on your actions or the actions, systems, software, or service of any third party or any blockchain.

SECTION 8 - Intellectual Property Rights.
§8.1 All right, title, and interest in and to the Services (and all content made available through the Services) is the sole and exclusive property of BlockFarms or its licensors, including all modifications, improvements, adaptations, and enhancements thereto. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United Arab Emirates and other jurisdictions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
§8.2 The limited right to access and use the Services is not a sale of the software underlying the Services. This Agreement does not provide the User with any right to receive any software code related to the Services.

SECTION 9 - Representations and Warranties; Disclaimers.
§9.1 You represent and warrant that: (i) you are of legal age to enter into this Agreement; (ii) you have the authority to enter into this Agreement; (iii) you do not intend to use the Services for any purpose that would be in violation of Applicable Law; (iv) your use of the Services does not violate any Applicable Law; (v) you are in compliance with any anti-money laundering obligations under the law of your jurisdiction or otherwise applicable to you; (vi) you have not been convicted of a criminal offence involving theft, dishonesty, breach of trust, money laundering, the illegal manufacture, sale, distribution of or trafficking in controlled substances, or substantially equivalent activity in a domestic, military, or foreign court; and (vii) you are not a “Person” described or designated in the Specifically Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control, or in the Anti-Terrorism Order(s), and you are not engaged in any dealings or transactions with any such Person.
§9.2 To the maximum extent permitted by applicable law, the service is provided “as is” without any condition or warranty whatsoever, and the entire risk as to satisfactory quality, performance, accuracy, reliability, and completeness is with you. To the maximum extent permitted by applicable law, BlockFarms makes no warranty that access to the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Your use of the service is at your own risk, and your reliance on any information or data contained in the service is at your own risk. BlockFarms expressly disclaims all implied and statutory warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BlockFarms further expressly disclaims all warranties arising from the usage of trade and course of dealing. To the maximum extent permitted by applicable law, BlockFarms (i) does not warrant that the service will meet your requirements or that the service will operate in combination with other software and (ii) specifically disclaims with respect to the service any conditions of quality, availability, reliability, security, lack of viruses, bugs, or errors.
§9.3 User acknowledges that blockchain platforms are new and that any risk associated with using any blockchain platform, staking on the platform, or depositing to the stake contract rests entirely with the user. User acknowledges that the service may be impacted by defects or failures in a blockchain and that BlockFarms is not responsible or liable for such failures, or any other service interruption, service failure, action or inaction of any third party, or similar issue arising from or related to a blockchain.
§9.4 To the extent that BlockFarms may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law. Without limiting the foregoing, BlockFarms makes no representations or warranties with regard to the potential market for the service or the number of rewards that may be generated by a user.
§9.5 BlockFarms takes no responsibility for, and will not be responsible or liable to you for any losses, damages, or claims arising from: (i) user error such as forgotten account credentials, incorrectly constructed transactions, or mistyped wallet addresses; (ii) server failure or data loss; (iii) blockchain networks or corrupt files; (iv) unauthorized access to the service; or (v) any third-party activities, including without limitation the use of viruses, phishing, brute-forcing, or other means of attack. BlockFarms is not responsible for any issues with blockchains, including forks, technical node issues, or any other issues resulting in the loss of value.
§9.6 Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers of warranties may not apply to you.
§9.7 Various supported blockchains may be subject to forks from time to time, which can occur when there are changes in the underlying protocol of the supported blockchain network. In the event of a fork involving a supported blockchain, we will determine in our sole discretion which network if any to support in providing validation services under this Agreement. Without limiting the generality of the foregoing, BlockFarms does not assume any responsibility to notify a User of pending, threatened or completed forks.
§9.8 By using the Services, you represent that you are knowledgeable, experienced, and sophisticated in using and evaluating blockchain and related technologies and assets, including blockchains, coins, tokens, and proof of stake smart contract systems. You represent that you have not relied upon any information, statement, omission, representation, or warranty, express or implied, written, or oral, made by or on behalf of BlockFarms in connection therewith, except as expressly set forth in these Terms of Service.
§9.9 You acknowledge that cryptography and blockchain technology is an emerging technology subject to regulatory uncertainty and technological advances. Advances in code cracking or technical advances such as the development of quantum computers may present risks to blockchain systems, including theft, loss, value depreciation, or the inaccessibility thereof.

SECTION 10 - General Prohibitions and BlockFarms’s Enforcement Rights.
§10.1 You agree not to do any of the following: (a) Use, display, mirror or frame the Services or any individual element within the Services, BlockFarms’s name, any BlockFarms trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without BlockFarms’s express written consent;
(b) Access, tamper with, or use non-public areas of the Services, BlockFarms’s computer systems, or the technical delivery systems of BlockFarms’s providers;
(c) Attempt to probe, scan or test the vulnerability of any BlockFarms system or network or breach any security or authentication measures;
(d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BlockFarms or any of BlockFarms’s providers or any other third party (including another User) to protect the Services;
(e) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BlockFarms or other generally available third-party web browsers;
(f) Use the Services, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
(g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(h) Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(i) Collect or store any personally identifiable information from the Services from other Users of the Services without their express permission;
(j) Impersonate or misrepresent your affiliation with any person or entity;
(k) Violate any applicable law or regulation; or
(l) Encourage or enable any other individual to do any of the foregoing.
§10.2 BlockFarms is not obligated to monitor access to or use of the Services. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Services or content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.

SECTION 11 - Limitation of Liability; Indemnity.
§11.1 To the maximum extent permitted by applicable law, you agree that BlockFarms shall not be liable for any loss of information, data, loss of income, loss of opportunity or profits, cost of recovery, personal injury, or other loss, however caused and under any theory of liability, arising from the use of the Service, or any special, incidental, consequential, or indirect damages arising out of or in connection with the use of the Service. This limitation will apply even if BlockFarms has been advised of the possibility of such damages, and these limitations will apply notwithstanding any failure of essential purpose of any limited remedy provided herein. To the maximum extent permitted by applicable law, in no event shall BlockFarms's total liability to any user arising out of or related to this Agreement or your use of the Service exceed the protocol fees paid in the applicable token or its equivalent.
§11.2 To the maximum extent permitted by law, in no event will BlockFarms's total liability arising out of or in connection with these Terms of Service or from the use of or inability to use the Service exceed the amounts you have paid or are payable by you to BlockFarms for use of the Service or one hundred dollars ($100), if you have not had any payment obligations to BlockFarms, as applicable.
§11.3 The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between BlockFarms and you.
§11.4 You agree to defend, indemnify, and hold harmless BlockFarms, and its officers, directors, managers, and employees (“Indemnified Parties”) from any and all liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) incurred by such indemnified parties in connection with any third-party action, claim, or proceeding arising from or related to (i) your access to or use of the Services, (ii) your violation of these Terms of Service, or (iii) any taxes, and related costs, interest and penalties, applicable to any Rewards you receive. You may not settle or otherwise compromise any claim subject to this Section without BlockFarms’s prior written approval.

SECTION 12 - General Provisions.
§12.1 Reservation of Rights. BlockFarms and its licensors exclusively own all rights, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws protecting intellectual property. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
§12.2 Notices. Any notices or other communications provided by BlockFarms under these Terms of Service will be given by posting to the BlockFarms Site or communicating directly with you by email. All notices and other communications you provide under these Terms of Service shall be in writing (including electronic mail and shall be delivered by hand or courier service, mailed by certified or registered mail or electronic mail). For the purposes of these Terms of Service, the address and electronic mail address of BlockFarms are: Address: Office 104/105 Level 1, Emaar Square, Building 4, Sheikh Mohammed Bin Rashid Boulevard, Downtown Dubai, United Arab Emirates 00000 Email: [email protected]
§12.3 Assignment. Except as may be provided in an applicable Addendum, the User may not assign or otherwise transfer any of its rights or obligations under this Agreement without the prior, written consent of BlockFarms. BlockFarms may assign or otherwise transfer this Agreement in conjunction with a transfer of the Services. In all cases of assignment, the assignee agrees in writing to be bound by the terms and conditions of this Agreement. Any assignment or other transfer in violation of this Section will be null and void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the Parties hereto and their permitted successors and assigns.
§12.4 This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard for choice of law provisions thereof.
§12.5 Arbitration. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered within Dubai, United Arab Emirates. The place of the arbitration shall be in Dubai, United Arab Emirates, unless agreed to otherwise by the Parties. The arbitration shall be conducted in the English language. The number of arbitrators shall be one.
§12.6 All disputes and arbitrations must be resolved on an individual basis. Class actions and class arbitrations are not permitted; you may bring a claim only on your own behalf and cannot seek relief that would affect other Users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
§12.7 Severability. If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be amended to achieve as nearly as possible the same economic effect as the original provision, and the remainder of this Agreement shall remain in full force and effect. Any provision of this Agreement, which is unenforceable in any jurisdiction, shall be ineffective only as to that jurisdiction, and only to the extent of such unenforceability, without invalidating the remaining provisions hereof.
§12.8 Force Majeure. Neither Party shall be deemed to be in breach of this Agreement for any failure or delay in performance to the extent caused by reasons beyond its reasonable control, including, but not limited to, acts of God, earthquakes, strikes, work stoppages, shortages of materials or resources, civil or military disturbances, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services (including cloud service providers).
§12.9 Third-Party Beneficiaries. Except for the Indemnified Parties that are third parties, there are no third-party beneficiaries under this Agreement.
§12.10 Complete Understanding. This Agreement constitutes the final and complete agreement between the Parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations, or agreements between the Parties, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements. No term included in any confirmation, acceptance, or any other similar document from you in connection with this Agreement will apply to this Agreement or have any force or effect.
§12.11 Waiver. No failure or delay by either Party in exercising any right or remedy under this Agreement shall operate or be deemed as a waiver of any such right or remedy. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise.