The Services we offer include providing software services to assist and facilitate customers to participate in the cryptocurrencies and tokens (“Digital Assets”) market.
We may, at our sole discretion, change, modify, add, or remove portions of these Terms and the Services from time to time without any prior written notice to You. We may do this for a variety of reasons including to reflect changes and requirements under the law, new features, or changes in business practices. It is your responsibility to review these Terms periodically for updates/changes. Your continued use of the Services following the posting of changes will be deemed as Your acceptance of the revisions and that You agree to such amended Terms.
- USE OF OUR SITE
You may, subject to these Terms:
- View accessible pages from Our Site in a web browser;
- Download accessible pages from Our Site for caching in a web browser; and
- Print accessible pages from Our Site.
You shall not, unless You own or control the relevant rights in the material:
- Republish or redistribute material from Our Site (including republication on another website);
- Sell, rent or sub-license material from Our Site;
- Show any material from Our Site in public; and
- Exploit material from Our Site for a commercial purpose other than through the use of the Services to trade Your Trading Assets in accordance with these Terms.
- ELIGIBILITY AND RESTRICTION OF TIRH-PARTY USE
- General Requirements: The Services are intended solely for Users who are 18 (Eighteen) years and above and who satisfy the criteria described in these Terms. You represent and warrant that You: (a) are of legal age to form a binding contract (at least 18 (Eighteen) years old); (b) have not previously been suspended or removed from using our Services;(c) have full power and authority to agree to these Terms; and (d) are not prohibited in the jurisdiction applicable to You from undertaking activities on respect of the Services. You hereby agree to provide up-to-date, complete and accurate information on Your account.
- Third-Party Use of Account: You will use the Services and Your User Account (as defined below) only for Yourself and not on behalf of, or for the account of, any third party. In case You intend to trade on behalf of another entity or third party, You shall intimate Us separately of such intent. If We have approved Your account for trading on behalf of any other entity or third party through a prior email approval, You will use the Services and Your User Account solely for the use of the specified other entity or third party. If You use any Services on behalf of any other entity or third party, You agree to these Terms on behalf of Yourself and for such other entity or third party, and You represent and warrant that You have the authority to bind the other entity or third party to these Terms and that both You and the other entity or third party will be jointly and severally liable under these Terms for any violation of these Terms or any other act or omission by the other entity or third party or by You. You agree and acknowledge that We shall not be liable for any loss or costs incurred due to breach of this Section 3.2. You hereby agree that You shall not, and shall not permit third parties to:
- Enter any non-public/secure areas of the Site, and shall only trade on their behalf with Your User Account (as defined below), if given approval;
- Send viruses, junk email, spam, chain letters, unsolicited offers or ads of any kind, and for any purpose;
- Investigate, scan or test the Site or any other related system or network or violate any security or authentication;
- Use any automated systems of software to withdraw data from the Website;
The services offered are for users who understand and want to participate in cryptocurrencies or digital assets projects. The user may also choose to participate in crypto projects or in which they can acquire tokens as participation. Fridom also collects information on a broad variety of crypto investment vehicles or crypto-projects for individuals– from token baskets to leveraging- in which the users can decide to participate after verifying the project information.
To access the platform, they must have their own digital assets, acquire them in third-party exchanges, third-party providers or use the services of our suppliers that are available directly on the platform.
You can buy and sell tokens or crypto using payment methods supported by Fridom. Once the purchase or sale of a token is completed, through the payment methods allowed by the Site, the token will be transferred to your Wallet. To make the purchase and/or sale of tokens, users must be registered in Fridom and successfully complete the Know Your Client process.
To access the platform services, the user must own digital assets. In case of making purchases with credit or debit cards, this can be done through the platform thanks to the services provided by Wyre Payments INC. This company has a Money Transmitter License and it can be consulted at https://www.sendwyre.com/licenses.
Fridom may include other payment methods in which suppliers will receive purchase orders from users, for which the users must instruct the amount of tokens they want to purchase. You will be responsible for all Purchase Orders you place and for your decisions to sell, buy, invest, hold or send to other Users your tokens. After you have selected the amount of tokens you wish to purchase, Fridom will inform you in its interface the price to carry out the Transaction and it will be up to you as a User to accept or decline the Purchase Order, an event in which you will have to make the payment of the amount of tokens purchased. In any case, the purchase or sale price of the tokens will be the one indicated in the user interface at the moment of placing the purchase or sale order.
- POTENTIAL ISSUES WITH THE SITE
You hereby acknowledge and agree that We shall not be liable for any direct or indirect damage you suffer as a result of the use of the Site or the Services provided thereon including and not limited to:
- The proper functioning of hyperlinks provided by the Site;
- Any situation where Users mobile device, login details and/or password is stolen and any third party subsequently makes use of the Site or the Services without User’s consent;
- Any damage or alteration to User’s equipment including but not limited to computer equipment or a handheld device as a result of the installation or use of the Site or the Services; and
- A failure to meet any of Our obligations under these Terms where such failure is due to events beyond Our reasonable control.
- User Account: In order to use any of the Services, You must create and maintain an account through the Services (“User Account”). To create or maintain Your User Account, or enable functions on Your User Account, You will be required to provide Us with certain information and documentation, including, as applicable, the information and documentation associated with identity verification and other screening procedures described in Section 5.3, below. You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information You have provided so that the information is complete and accurate at all times; (d) maintain the security of Your User Account by protecting Your password from unauthorized access or use; (e) promptly notify Us if You discover or suspect any unauthorized access or use of Your User Account or any security breaches related to Your User Account; and (f) be responsible for all activities that occur under Your User Account, and accept all risks of any authorized or unauthorized access to Your User Account.
- Enhanced Security: We may offer optional enhanced security features for Your User Account (including, for example, two-factor authentication). We encourage, but may not require, You to use any such enhanced security features. Whether You enable the enhanced security features or not, it is Your responsibility to ensure the security of, and Your continuous control over, any device or account that may be associated with the enhanced security features.
- Identity Verification: We may, in Our discretion, require identity verification and other screening procedures with respect to You or the transactions associated with Your User Account. These verification and screening procedures may include, without limitation, checking the information You provide to any governmental authority. You may be required to provide Us with certain personal information, including, but not limited to, Your name, address, telephone number, email address, date of birth, passport number, photograph of Your government-issued ID and any other information as may be required. You hereby authorize Us, directly or through a third party, to make any inquiries We consider necessary to verify Your identity and/or protect against fraud, including but not limited to: (a) query identity information contained in public reports (e.g., Your name, address, past addresses, or date of birth); (b) query account information associated with Your linked bank account (e.g., name or account balance); and (c) take action We reasonably deem necessary based on the results of such inquiries and reports.
- Responsibility for Account Activities: You will be bound by, and hereby authorize Us to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or use Your User Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from You that the security of Your User Account has been compromised, We will take reasonable steps to protect Your User Account, including, for example, to cease to allow actions initiated using any compromised account passwords, in the event such actions are not already compromised account passwords, in the event such actions are not already completed. We shall, under no circumstance, shall be liable for any loss incurred by You by an unauthorized use of Your User Account.
- RISK DISCLOSURES
- Fridom is not engaged in the business of the offer, sale or trading of securities and does not provide legal, tax, or investment advice. Cryptocurrencies and other digital assets are speculative and involve a substantial degree of risk, including the risk of complete loss. There can be no assurance that any cryptocurrency, token, coin, or other crypto asset will be viable, liquid, or solvent. No Fridom communication is intended to imply that any digital assets are low-risk or risk-free. Fridom works hard to provide accurate information on this website, but cannot guarantee all content is correct, complete, or updated.
- Digital Assets, especially Cryptocurrencies and Cryptocurrency Derivatives, involves significant risks and potential for financial losses, including without limitation the following:
- The features, functions, characteristics, operation, use and other properties of Cryptocurrencies (“Currency Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact using the Cryptocurrencies may be complex, technical or difficult to understand or evaluate.
- The Cryptocurrencies, their Underlying Technology, the Site and other Services may be vulnerable to attacks on the security, integrity or operation of the Cryptocurrencies or their Underlying Technology (“Threats”), including Threats using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology.
- Cryptocurrencies, their Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from a Threat.
- The Cryptocurrency or other Trading Assets, as applicable, may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to various Threats, changes to the Currency Properties or failure of the Cryptocurrency to operate as intended.
- We may suspend or cease to support the transfer or trading of any trading Asset at any time at Our discretion.
- We may suspend or reject Your transaction requests, suspend or cease support for certain Cryptocurrencies, or suspend or terminate Your access to the Services to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at Our discretion.
- Any Cryptocurrency may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Currency Properties or perceived value of Currency Properties, Threats, suspension or cessation of support for a Cryptocurrency by Us or other exchanges or service providers, and other factors outside Our control.
- You may be prevented from sending a transaction request, or Your transaction request or email may not be received by Us or the Services, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues).
- Your transaction request or email to Us or the Services may be lost, intercepted or altered during transmission.
- Unauthorized third parties may access or use Your User Account and effect transactions without Your knowledge or authorization, whether by obtaining the password to Your User Account, obtaining control over another device or account used by You in connection with any enhanced security measures enabled for Your account, or by other methods.
- The risks described in this Section may result in loss of Cryptocurrency, decrease in or loss of all value for the Cryptocurrencies, inability to access or transfer Cryptocurrencies, inability to trade Cryptocurrencies, inability to receive financial benefits which are available to other Cryptocurrency holders, and other financial losses to You. You hereby assume and agree that We will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to You, against Us, its Affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.
- You represent and warrant that You have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Cryptocurrency or Cryptocurrency Derivative that you decide to acquire or trade; and (b) the knowledge, experience, understanding, professional advice and information to make Your own evaluation of the merits and risks of any Cryptocurrency or trade as supported by the Services. You accept the risk of trading Cryptocurrencies or Cryptocurrency Derivatives by using the Services and are responsible for conducting Your own independent analysis of the risks specific to the Cryptocurrencies, Cryptocurrency Derivatives and the Services.
- You represent and warrant that you have understand and evaluate the consequence or effects of trading with digital assets.
- We (a) do not provide trading advice, (b) do not have any fiduciary duty to You or any other user, and (c) do not make any warranty about the suitability of the Cryptocurrency for trading or ownership by You.
- DISCLAIMERS IN RELATION TO DIGITAL ASSETS SERVICES
- Any information provided to You from Fridom or an employee of Fridom or a user of Fridom should not be treated as financial advice and no employee of Fridom should be considered a financial advisor. Any communication made by Fridom in any form, chat on support channel, email, material on the site should not be treated as financial advice. We are not liable for any losses incurred due to any action taken by You in accordance with any information provided to You from Fridom.
- You hereby acknowledge and agree that nothing made available on the Site, or through the Services provided by Us, shall constitute or is intended to constitute:
- A financial promotion, an advertisement for any particular investment or investment business, or an invitation or inducement to engage in investment activity;
- Investment advice, including advice on the merits of buying, selling, subscribing for, underwriting or exercising rights in relation to a particular security or investment;
- The making of an arrangement for another person to buy, sell, subscribe for or underwrite a security or investment; or
- Any financial service or activity regulated or controlled by or pursuant to applicable law.
- You agree that You are using the Services provided by Us at Your own risk, and Fridom, its affiliates, employees, clients and agents will not be liable for any losses you may incur as a result of trading on our platform or using Our Services. The value of shares and investments, and the income derived therefrom can increase or decrease, and You may not receive the amount invested. Past performance is not necessarily a guide to future performance. No copied trader, account, portfolio and/or strategy guarantees the future performance of the User’s account, or any specific level of performance, the success of any investment strategy or the success of the overall management of Fridom. Investment strategies are subject to various market, currency, economic, political and business risks.
- You acknowledge and agree that You have read, understood and accepted the disclaimers listed under this Section as an inherent part of these Terms. To the maximum extent permissible under applicable law, neither Fridom not any of its affiliates shall be liable for (a) any loss arising from adhering to Your written or oral instructions; (ii) any loss You may suffer by reason of any decision made or other action taken by an account elected to be copied by the User; or (c) specifically any loss arising from any investment decision made or other action taken or omitted in good faith by any copied account, strategy and/or portfolio.
- WARRANTIES AND REPRESENTATIONS
- You represent, warrant and acknowledge that:
- You are authorised to access and use the Site; in particular the jurisdiction where You reside, hold citizenship, or conduct business in such jurisdictions as mentioned under these Terms that allows You to utilize the Services;
- If You are using the Site on behalf of or for the benefit of any organisation then it is assumed that You have the right to do so. The organisation and You will be jointly and severally liable for Your actions including any breach of these Terms;
- Your use of the Services is at Your own risk. You agree that We shall not liable for any damage or harm arising out of Your use of the Services;
- The information provided on the Site is for general information purposes only and is given in good faith. However, the information is selective, and We may not verify all information, which may not be complete or accurate for Your purposes and should not be relied upon without further enquiry. The information should not be construed as a recommendation to trade or engage the Services provided by Us in a particular manner; and
- We do not warrant that the use of the Services will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Services, including public computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. We are not in any way responsible or liable for any such interference that prevents Your access or use of the Service.
- We provide no warranty about the Services. Without limiting the foregoing, We do not warrant that the Services will meet Your requirements or that it will be suitable for Your purposes. To avoid any doubt, all implied conditions or warranties are excluded insofar as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.
- You warrant and represent that You are acquiring the right to access and use the Site and agreeing to these Terms for the purposes of a trade and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply and use of the Site or these Terms.
- SERVICE PERFORMANCE
- We deny all liability for the timely operation of the Services, where You or a third party is providing the computer equipment upon which the Service is depend upon for any part of its functionality.
- By using the Service, You confirm Your understanding that the timely operation of the internet and the World Wide Web is governed by constraints beyond Our the control. You accept that We are not liable for any perceived slow operation of, or any server or technical issues in relation to, the Services.
- By using the Service, You accept that all trade executions pursuant to any of Your Orders to trade the Trading Assets which You have executed are final and irreversible.
- By using the Service, You accept that We reserve the right to liquidate or close any trades at any time regardless of the profit or loss that You may have incurred while trading on any Position.
- We do not warrant that the Service will meet Your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected, or that the Service will be available at any particular time or location. You assume full responsibility and risk of loss resulting from Your use of the Service.
- COMPLIANCE WITH APPLICABLE LAW
- The Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- You are specifically responsible for complying with all applicable laws related to Your trading activities and other use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, taxes apply to the Trades and any other transactions You complete via the Services, and it is Your responsibility to report and remit the correct tax to the appropriate tax authority. We will not be responsible for determining whether taxes apply to Your trades or for collecting, reporting, withholding, or remitting any taxes arising from any trades.
- ANTI MONEY LAUDERING
- You acknowledge that due to anti-money laundering regulations within Your jurisdiction, including not limited to anti-money laundering regulations under applicable laws in the United States of America, including but not limited to the Bank Secrecy Act 1970, Money Laundering Control Act, 1986, Money Laundering and Financial Crimes Strategy Act, 1998 and the USA PATRIOT Act 2001.
- We may, however, require further documentation for verifying Your identity and the source of funds used to trade using the Services prior to any confirmation of an Order. You further agree to provide Us, at any time, with such information as We determine to be necessary and appropriate to verify compliance with the anti-money laundering regulations of any applicable jurisdiction or to respond to requests for information concerning Your identity from any governmental authority, self-regulatory organization or financial institution in connection with its anti-money laundering compliance procedures, and to update such information as necessary.
- CHANGES; SUSENSIONS; TERMINATION
- Suspension or Termination of Services and Account: We may, at Our sole discretion and without liability to You, with or without prior notice and at any time, temporarily suspend or permanently terminate Your access to all or a portion of any Services, suspend Your User Account; and/or edit Your account details.
- Termination by User: You may also at Your sole discretion terminate Your Account by sending us a written request stating Your intentions to do so. Upon the receipt of Your request, We will provide You with a written notice of 30 (Thirty) days (“Notice Period”) to permanently terminate Your Account.
- No Liability: We will not be liable for any losses suffered by You resulting from any modification of any Services or from any suspension or termination of Your access to all or a portion of any Services. If and when Services resume, You acknowledge that the valuations and exchange rates of Your Trading Assets may differ significantly from the valuations and rates prior to such event.
- Effect of Termination: In the event of discontinuation of all Services or other termination of Your right to access all Services: (a) all amounts payable by You to Us or against any matched Order will immediately become due; (b) We may delete or deactivate Your User Account and all related information and files in such account without liability to You, and return the API Keys to You, as applicable; and (c) We may cancel any existing positions and open orders at the time of discontinuation or termination.
- Survival: The terms of Sections 3.2, 5.4, 6, 7, 11 through 19 will survive any termination of Your access to the Services.
- PROPRIETARY RIGHTS
- Ownership of Services: The Services and all technology, content and other materials used, displayed or provided in connection with the Services including the Site (“Fridom Materials”) together with all intellectual property rights in any of the foregoing are, as between You and Us, owned by Us or Our licensors. The Fridom Material are protected by copyrights, patent, trademark and other applicable laws;
- Limitations: You may use the Fridom Materials solely as authorized by Us in connection with Your use of the Services for as long We permit You to continue to access the Services. Without limiting the foregoing: You will not (a) resell, lease, lend, share, distribute or otherwise permit any third party to use the Site, Services or Our materials or use the Site, Services or Fridom Materials in any service bureau environment; (b) modify or create derivative works of the Site, Services or Our materials, or any portion thereof; (c) frame, display or incorporate the Site, Services or Fridom Materials in any website or any other work of authorship; (d) decompile, disassemble, reverse engineer or attempt to discover the source code of the Site, Services or Fridom Materials; (e) use the Site, Services or Fridom Materials to design, develop or create any competing product or service; or (f) otherwise use the Site, Services or Fridom Materials for any commercial or non-commercial purpose other than their intended purposes determined at Our discretion. “Fridom”, any product or service names, logos, and other marks used on the Site or Fridom Materials, or otherwise in connection with the Services, are trademarks owned by Us or its licensors. You may not copy, imitate or use them without Fridom’s prior written consent.
- User License: In accordance with these Terms, You grant to Us a license to use Your API Key(s) and Your Strategies to approach other Users and facilitate the trade pursuant to the Strategies created by You, upon receipt of such request or requirement from You. You hereby expressly warrant that all content created and stored on Your User Account is owned and created solely by You, and You are, thereby, allowed to license such Strategies or content created in Your User Account.
- THIRD-PARTY CONTENT
In using the Services, You may view content provided by third parties (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third‑Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, Your business dealings or correspondence with such third parties are solely between You and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and You understand that Your use of Third-Party Content, and Your interactions with third parties, is at Your own risk.
- DISCLAIMER OF WARRANTIES
To the maximum extent permitted under applicable law, the Site, the Services, the materials and any Service provided by or on behalf of Us are provided on an “as is” and “as available” basis and We expressly disclaim, and You waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, does not represent or warrant that the Site, the Services or Our materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.
You will defend, indemnify, and hold harmless Fridom, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) Your use of, or conduct in connection with, the Services;(b) Your violation of these Terms; or (c) Your violation of any applicable law or the rights of any other person or entity. If You are obligated to indemnify any Indemnified Party, We, at Our discretion, will have the right to control any action or proceeding and to determine whether We wish to settle, and if so, on what terms.
- LIMITATION OF LIABILITY
In no event will the liability of Fridom, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with Site, the Services, the Fridom Materials, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Us, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence by Us) exceed the amount of the fees paid by You to Us under this agreement in the 12 (Twelve)-month period immediately preceding the event giving rise to the claim for liability.
- BREACH OF TERMS
Without prejudice to Our other rights under these Terms, if You breach any of the Terms in any way, or if We reasonably suspect that You may have breached the Terms in any way, We may:
- Send one or more formal warnings to You, if the breach can be remedied or corrected by You;
- Temporarily suspend Your access to Our Site and suspend Your User Account;
- Permanently prohibit You from accessing Our Site and Our Services;
- Block computers using Your IP address or contact any or all of Your internet service providers and request that they block Your access to Our Site; and/or
- Commence legal action against You, whether for contractual breach or otherwise.
- GOVERNING LAW
The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of Delaware and the United States of America, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that We may initiate a proceeding related to the enforcement or validity of Our intellectual property rights in any court having jurisdiction.
- OTHER TERMS
- Remedies: If You violate any of these Terms, We may, as We determine reasonably necessary to remedy or mitigate Your violation, delete all or part of such information transmitted by You, suspend or cancel Your User Account, or suspend the transfer of the Trading Assets owned by You without any prior notice to You. We shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by Us pursuant to this paragraph. Any right or remedy of Fridom set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.
- Affiliates and Contractors: An “Affiliate”is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site and any Services may be operated or provided by Us, Our Affiliates or their respective contractors. To the extent that Our Affiliate, or contractor is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever Fridom’s name occurs in these Terms.
- Non-waiver: Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
- Severability: The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
- Force Majeure: We will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that You may incur, due to any circumstance or event beyond Our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
- Assignment: You may not assign or transfer any right to use the Services or any of Your rights or obligations under these Terms without prior written consent from Us, including by operation of law or in connection with any change of control. We may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining Your consent or approval.
- Entire Agreement; Order of Precedence: These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement You may have with Us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.