TERMS AND CONDITIONS


www.AIONNEXT.com (the: "Website") is owned and operated by Gold Hestia Limited, Bulgaria. (the "Company" or "Us"), and these terms and conditions (the "Terms") govern your (the "Client" or "You") use of the Website and Company's services; by using the Website, you accept to these Terms. If you disagree with these Terms, you must not use the Website or the services. By using our Website or services you warrant and represent that you are at least 18 (eighteen) years of age or higher, if your local jurisdiction’s statutes dictate a higher minimum age to engage in the services, mainly a premier trading platform for cryptocurrencies and ancillary services. You further warrant and represent that your engagement with the Company is legal according to the laws applicable upon you.

SCOPE


The services are intended for users interested in making use of a platform for trading Cryptocurrencies. Access to, and use of, certain portions of the Website and Services may be obtained using a user name and password following a registration process (hereinafter: “Account“). The Client must keep its user name and password strictly confidential and undertake to notify the Company of any suspected misuse of the Client’s Account or personal information. Client further agrees that the Company will have no obligations with regards thereto. The Client may not assign their account nor allow its use to any third Parties. The Client shall bear the sole and exclusive responsibility for all activity which occur on their account. The Client hereby exempt the Company from any damages and/or losses that they may incur in connection therewith and undertake to immediately indemnify the Company for any damages and/ or losses that may incur in connection therewith.

DEPOSIT AND ANTI MONEY LAUNDERING POLICY


Due to accepted norms and rules of investment for Crypto Currency purchase or trading, deposits into the Account can be made with Bitcoin (BTC) wallet, credit card deposits or Bank Wire Transfer, or any alternative method the Company decided to add. The Company does not accept cash. The Client hereby agrees to conform to all AML regulations and “Know your Client” (KYC) procedures of the Company, including the supplying of official bank reference letters, utility bills and any other sort of official identification documentation as may be required by the Company. All deposits pursuant to this Agreement shall be made in freely transferable funds in such currency and to such bank account(s) as the Company may from time to time specify. If the Client is required by law to make any deduction or withholding in respect of taxes or otherwise, then the Client will be liable to pay such amount directly to the Client’s governing Tax authority. If the Company withholds taxes for the Client’s tax authority, then it will result in the Client receiving a net amount equal to the full amount which would have been received less the amount of deduction or withholding that was required. Any sums due to the Company from the Client pursuant to this Agreement (plus any applicable VAT) may be deducted without prior notice to the Client from any Account to realize proceeds which may be applied in the discharge of such sums. The Client will be responsible for the payment of any commissions, transfer fees, registration fees, taxes, duties and other fiscal liabilities and all other liabilities and costs properly payable or incurred by us under these Terms and Conditions. Further terms regarding can be found in the Company DEPOSIT OF FUNDS POLICY published at: http://AIONNEXT.com/deposits-withdrawals, as may be amended from time to time by the Company.

Transactions - The Client warrants that he/she has full power and authority to execute each transaction with the Company, and to perform the Client’s obligations hereunder and that the Client has taken all necessary actions to authorize such execution, delivery, and performance of such transaction. The Client further warrants that any such execution, delivery and performance will not violate or conflict with any law applicable to the Client, any provision of any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding or affecting the Client or any of the Client’s assets or oblige the Client to create any lien, security interest or encumbrance. If the Client is in default of any of these Terms and Conditions the Client will give the Company notice as soon as the Client becomes aware of such occurrence.

Transactions Rules - The Client warrants that he/she is acting as principal in any of the transactions, where the Company can act as an agent or principal when dealing with the Client. Clients are only permitted to open trades on any specific contract per the trading rules published on the trading platform. Closing a contract before expiry of the contract may be allowed but only once per contract. It is strictly forbidden to the Client to exploit technical issues or other malfunctions that allow the Client to exploit arbitrage against other platforms or the market, backdoors etc. the Client is expected and obliged to report any technical issue found on the platform, to the Company. The Company reserves the complete and full right to cancel any trade if the Client has breached any of the Company's rules and these terms, at the Company’s sole discretion. Clients are not allowed to have more than one funded Account without express written permission from the Company. Clients who have multiple Accounts registered under the same name may have one or all the Accounts closed, subject to management decision. Furthermore, Clients with multiple Accounts in which multiple investments are made with varying names and/or sources may have all the Accounts closed, and investments returned per management decision. It is most advisable to open only one Account, and it is mandatory to invest using the Client’s own funds only. The Company, at its sole discretion, may decide (but not be obliged to do so) to offer leverage, promotional offers, or any other kind of benefits to the Client, to set different conditions and parameters to the Account, and/or change them such conditions and parameters without prior notice to the Client. The Company shall not be subject to reason its decision not to be forced to do the same in future transactions of the Client. The time presented on this site and/or concerning any activity shall be based on the GMT time zone. Please note that the Crypto Currency prices are the prices by which AIONNEXT is willing/or able to buy or sell the Crypto Currency or to use to trade against any underlying asset, and may not be the real time or market prices for the underlying asset.

The Company reserves the right to amend all fees and time periods mentioned above according to its sole discretion.

  • The Client needs to make sure their account is fully verified meaning all necessarily documents (KYC) were provided.
  • The Client needs to understand that only Liquid balance is withdrawal able and if the client wishes to withdraw more than available in liquid balance the client than would need to wait or cancel existing investments which create their total liquidity.

WITHDRAWAL POLICY


The Client is entitled to a full withdrawal of the unused funds once minimum trading period requirements are met, which were left in the Account if there is no active trading, leverage requirement or pending asset movement.

Any single withdrawal must be equal to or greater than US$ 100.00. The Client’s withdrawal orders from the Client’s Account shall be executed by the same transfer method as the one through which it originally received the funds, subject to identification documents(KYC) to be delivered by the Client, and solely pursuant to Company’s discretion which shall make its best efforts to execute such orders by the way the Client has asked. Withdrawals shall be made per the site procedures and will take up to Seven (7) banking days or as determined by the billing services provider of the site, the longer between the two. In the Case Client wishes to cancel a withdrawal request the Client can do so only with respect to withdrawal request that was not completed yet and to which a withdrawal confirmation was not sent yet and not a request already executed. In case more than one withdrawal request sent by the Client, and afterwards the Client requests to cancel part/all the withdrawal orders, the earlier withdrawal order will be cancelled, and so on.

Withdrawal may be subject to other terms agreed with the client, such as Bonus terms and other benefits and programs.

Based on the type of Account that the Client chooses there will be minimum time period commitment that the Account needs to be traded before principal withdrawal is permitted. There is no fee relating to withdrawal by credit card, but any withdrawal by wire transfer will be charged with the amount of $25. Once a withdrawal application has been submitted (“Application”), it will be processed up to 5 business days and if approved, then up to 7 additional business days before your funds will be cleared to your personal account. A Client who wishes to close their account and withdraw the total amount of funds from the account balance in excess of 1,000 (Euros, US Dollars, GB Pounds) will receive the withdrawal in instalments on a monthly basis. Any withdrawal is limited to one withdrawal at the beginning of each month subject to the type of the Account you will be provided with according to your choice (“Program”), subject to changes by the Company from time to time at the Company's sole discretion:

Account Types and terms of withdrawals

Clients who choose the HF SemiAutoTrade Program are obliged to no withdrawals for up to three (6) months starting from the last deposit .

Withdrawals will be approved before the 6 months period according to the following terms:

* Clients who choose PAMM Account Trading Program are obliged to no withdrawals for up to Twelve (12) months due to the fact that this 

   Account is conducted in relation to other traders. Note that minimum deposit is 50,000 USD Withdrawals will be approved before 6 months prior     According to the following terms:

* Clients who choose the Fully Managed Bitcoin Account – are obliged to 1 year minimum of active trading with portions of profits-withdrawal
   allowed after 4 months.
   The percentage of profit withdrawal allowed will be dependent on the class of Account, as classified by the Company.

* Note that minimum deposit amount is 250,000 USD

* Withdrawals will be approved before the 12-months period according to the following terms:

* Without derogating the above mentioned, each and every deposit to www.AIONNEXT.com, will be allied as HFT account, unless 

   the Client will  instructs the agent and the Company will agrees and based on the terms and conditions.

* Note that advice, automatic, semi-automatic, PAMM and managed accounts in cryptocurrencies are not subject to securities or
   investment legislation, and are conducted to the Client's request of such services, realizing no license is required or exists.
   The initial funds or profits cannot be guaranteed or insured. Past performance does not predict future results.

Further terms regarding can be found in the Company WITHDRAWALS OF FUNDS POLICY published at: http://AIONNEXT.com/deposits-withdrawals , as may be amended from time to time by the Company.

Special offers Benefits and Leverage Bonuses - Leverage and benefits shall be credited to the Client’s Account subject to compliance with the terms of the offer made to the Client, e.g. making minimum deposits, and/or purchasing a minimum amount of options within a specified time.

Unless otherwise stated in the terms of the offer, a precondition for making withdrawals after using the Leverage/benefit is to ensure that the leveraged funds remain untouched. If the stated balance drops below the leveraged funds, the Company has the right to proceed on a margin call of their leveraged funds.

The Company urges its Clients to take part in the offers, but to refrain from abusing them. Abusing any of the offers could lead to cancellation of the bonus/benefit and closure of the Client’s Account on the Company’s Web Site.

The leverage/benefits must be used within the period defined in the details of the special offer. Should the Leverage/benefit fail to be used within this period, the leverage/benefit will be withdrawn from the Client’s Account.

Once receiving the leverage/benefits, the Client has 4 (four) calendar months to complete the total amount of investments (volume) required as a precondition for withdrawal. If the required total amount of investments is not reached during this time, the Company may withdraw the leverage/ benefits funds from the Client’s Account per its discretion.

To earn the full value of the leverage and withdraw any funds in the Client’s Account, the Client is required to complete the full trading requirements necessary to have received the leverage/ benefits.

Once trading has commenced after the leverage has been added to the Account it will not be removed prior to a margin call, unless there is a special written consent from the Company.

Without derogating the above mentioned, the Client will be entitled to open and close trades according to the following rules and terms of the platform and the systems:
Time - The client will open up to 10 trades in 30 minutes. 

For example: 10 trades between 10:04 until 10:34

All accounts and trades, inclusive of opening and closing trades, will be subjected to specific time frame and time limit, based on each account investment deposit, risk measures and Company’s Terms and Conditions.

The Company will control and limit the trades on its sole discretion based on the above section.

Volume - The Client will trade with up to 4 times the total investments, excluding any earned profits. 

For example:Of total investments 50'000 USD. MAX Trade amount: 200'000 USD
Any violation of the terms above, will be considered as breach of this agreement

The Company reserves the right to revoke the leverage/benefit should the special offer be abused and/or should the offer’s terms fail to be met. The Company’s decision shall be binding and final. The Company reserves the right to revoke or change the offers at any time without prior notice.

Trial Period - Upon subscription, You will be granted a Test Period up to one (1) week in which You will be able to use the Services subject to an initial deposit of at least $US500 (“Initial Deposit”). For the purpose of this provision any deposit made during the Test Period shall be regarded as an Initial Deposit. Any cancellation of Your subscription during the Test Period, will entitle You to withdraw Your Initial Deposit only. For any avoidance of doubt, any profits incurred during the Test Period will be liquidated and You will only be refunded on Your Initial Deposit. The same rule shall apply if We decide to cancel Your account during the Test Period.

Commissions & Fees:

The Company shall be entitled to charge the Client with the following fees: Management Fee – 3.25% per 6 months (Fee assessed at the beginning of the current 6-month period and to each deposit made during the current period. If the Client closes the account during a 6-month period where no fee has been assessed, then the full fee will be assessed prior to account closure)

Quarterly Trading Commission – 1.50% of trade volume for the quarter

Commission on buying or selling BTC – 1.5%

INACTIVITY FEES: This is an investment and trading platform. The only reason that the Company accepts Client money is for Investing in Crypto Currency and trading. Accounts sitting with no trading activity incur costs to the Company.

Once an Account has had no activity for 12 consecutive months or more, the Account will be closed by the Company and the remaining funds will be forfeited. The Company may cease or limit any or all trade activities on the Website with no prior notice. The Client hereby waives all claims or rights of indemnification for any alleged damages caused by such rescission, whether for executed transactions or for transactions supposed to be executed.

If the Client wants to withdraw funds after the first month of inactivity in addition to any inactivity fees that may have already been assessed there will be a 25% of deposited capital service fee assessed.

From the second consecutive month that there is no activity on the Account there will be a 5% fee assessed to the Account. The currency of the fee will be the same currency that was deposited by the Client and selected in the Client Account.

All fees shall be charged from the Client's account. Once an inactivity fee is assessed it is non-refundable. The Company reserves the right to amend, change, add or remove fees from the fees structure according to its sole discretion.

Term and termination

These Terms are for an unlimited period, but the Company shall be entitled to terminate them by a written notice. In such case, Client shall be prohibited from opening new Accounts or executing new transactions without prior written approval from the Company.

Compliance with laws

The Client warrants that he/she would comply with all laws, rules, regulations and disclosure requirements of any relevant authority, exchange, market, or regulatory authority which apply in respect of the Company, the Client, or the Client’s investments from time to time.

The Client will promptly give to the Company such information and assistance as the Company may reasonably require to enable the Company to assist or achieve compliance with any of the obligations mentioned in relation to the Client’s Account or the Website. The Client warrants that they have the capacity to evaluate and understand the terms, condition, and risks of each transaction (whether recommended by the Company) entered hereunder and the Client is willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks.

Intellectual Property

All intellectual property, including but not limited to, content, information, patents, trademarks, copyrights, modules, techniques, know-how, algorithms, methods of doing business, user interfaces (UIs), graphic design, look and feel, and software; and all developments, derivatives, and improvements thereto, whether registered or not (the “IP” or “Intellectual Property”), are owned in their entirety by the Company and/or by third parties who have granted the Company license to use such IP. All rights reserved.

The Client is hereby given a limited non-exclusive right to use the IP included in this Website for the Client’s personal, non-commercial, non-transferable, limited use, with regards to the Services offered on this Website only. Unless expressly stated herein Company grants no other IP right or license to the Client. The Client hereby undertakes not to duplicate or transfer any of the Client’s rights without prior written consent of the Company, nor to change, edit or remove any material from the Site. Without derogating from the previously mentioned, Client is authorized to print only one copy printout from the site for the Client’s personal use.

The AIONNEXT logo and the Company’s logo are trademarks that belong to the Company. The Company gives no permission for the use of these trademarks, and such use may constitute an infringement of the Company’s rights. Any other registered and unregistered trademarks or service marks on the Website are the property of their respective owners. Unless stated otherwise, the Company does not endorse and is not affiliated with any of the holders of any such rights and as such the Company cannot grant any license to exercise such rights.

Privacy and collection of information - These terms apply to all information collected to or submitted on Website. You may be able to execute transactions, make requests, submit data, register to receive materials, etc. Types of personal information that may be collected on Website include user’s name, home address, e-mail address, telephone number, bank account, credit card number, etc., whether pertaining to yourself, or to third parties, where you act on behalf of any such party. Information from various sources may be combined by Website. You may update part of your personal information from time to time by accessing your Site account and act per the “updating your information” instructions therein. You hereby confirm that you are aware of the fact that due to legal requirements some of your information detailed cannot be changed.

The Company may share information with its affiliates for the purpose of providing the services; the Website may make use of "cookies".

Links - The Company may include in the site information, data, links, promotional offers, or any other content in any form, including financial content of third parties. Such content is provided AS-IS for the Client’s convenience and as an extra service. The Company is not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the advertising materials and/or linked or linking websites. The Company has not reviewed these advertising materials or websites and is not responsible for the contents, accuracy, policies, their quality, fitness accuracy and/or other characteristics with respect thereto. In no case, the Company shall be responsible for, or shall it deem to give any representation and/or warrant about such content.

Claims, Complaints, and Dispute Resolution - All possible disputes arising between the parties to this Agreement shall be settled through correspondence and negotiations.

Appeals by the Client are considered official only if they are directed to the Company at the email address [email protected] Appeals will not be deemed in writing if they are produced and sent via online communication programs such as Skype or other similar software.

Client requests should include the following information for consideration:

− Account number;

− Full name;

− Email address;

− Date and time when the dispute occurred/arose;

− A detailed description of the Client’s claim.

*Full KYC & verification

– Proof of Identity (Local ID, Passport or license)

– Proof of Residence (Utility bill)

– Copy of credit card used to transfer the funds to company (Back and front)

– Declaration of deposit fully signed including all transactions made to the company.

The Company may refuse to consider the Client’s claim if it does not meet the requirements listed above, as well as the following conditions:

− If the claim received by the Company includes language of an obscene nature and/or insults directed to the Company (including its employees);

− If the received claim contains threats to the Company (including its employees);

− If the Client expresses the threat of denigrating the business image of the Company by any means possible.

The Company is obliged to consider an appeal within 7 business days (after the Client provides the sufficient and necessary information associated with the appeal/claim to address the issue in full).

In the event of disputes arising concerning the Client’s trading transactions and account, review of the Client’s trading transactions will be based on the Company’s own data.

If the Client violates any of the above points, the Company has the right to refuse the provision of further services.

These Terms, as well as any dispute arising there from, or in connection therewith, are governed by and shall be construed in accordance with the laws of the United Kingdom without regards to its choice of law principles, and any dispute between the parties hereto with respect to these Terms and the services offered herein shall be brought exclusively to the competent court in the United Kingdom and the parties agree not to claim that such proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over it.

Client will pay the Company on demand all commissions and other charges due to the Company, premiums on any Crypto Currency purchased on the Client’s instructions, such sums as the Company may at any time require in or towards satisfaction of any debit balance on the Client’s Account or any Account comprised therein, and the amount of any trading loss that may result from any transaction hereunder, interest, management fees and service charges due to the Company on the Account and the Company’s reasonable costs and legal fees incurred in collecting any such amounts. If the Client had a debit balance to be covered by the Client, then all payments due to the Company shall be made on the same day in freely transferable bank wired funds in the currency as stipulated by the Company.

The Clients declares that they understands that due to legal regulations the Company may withhold or deduct payments of any taxes, commissions, or fees due of any kind, limit the services provided herein, freeze Accounts pursuant to any official legal order or action, or any other action or restriction as be required by legal authorities or other authorities as determined by relevant regulations. The Client will indemnify and hold the Company and its employees and Representatives harmless upon such action and will not have any right to prevent such action, as the Company sees fit, to fulfil any such legal order or action.

Risk

The Client acknowledges that margined crypto-currency trading is one of the riskiest forms of investment available in the financial markets, and as such, any trading involves a risk of losing some or all of the Client’s investment. This risk warning notice cannot and does not disclose all the risks and other significant aspects of Crypto Currency, option and derivative trading. The Client should not speculate with or invest capital that the Client cannot afford to lose and should conduct investment only with risk capital funds that if lost will not significantly affect the Client’s personal or institution’s financial wellbeing. In the case that the Client loses all or part of the invested funds there is no refund of lost funds under any circumstances and the Company will not be held responsible for any losses due to trading by the Client or anyone else trading on behalf of the Client including any 3rd party or any Company employee /Broker.

The Company shall not be liable for any breach of obligation or default of any counter-party, intermediate broker, bank, custodian, sub-custodian, market or market operator, exchange, clearing house, depositary or other third party with whom the Client does business.

Limitation on Liability, no warranties

The Company shall not be liable for any loss, expense, cost, or liability of any sort (together “Loss”) suffered or incurred by the Client unless such Loss is suffered or incurred because of the Company’s negligence or wilful default. Without derogating from the Company’s liability, to compensate for damages incurred by the Client, shall be limited to direct damages that the Client can prove by a final judgment to have incurred, up to a maximum amount equal to the funds the Client deposited in his Account with the Company about the liability inflicting event or the amounts of funds invested by the Client during the 6 (six) months preceding to the liability inflicting event, the lesser of the two.

In no case, shall the Company be liable for consequential or special damages (whether for loss of profit, loss of business or otherwise) whether based on contract, tort or any other legal theory, caused to the Client or to third parties; or loss suffered or incurred by the Client as a result of any error in any order, instruction or information given by the Client , the Client, or as a result of the Company acting on any order or instruction which is, or appears to be from the Client. The Client will indemnify and hold the Company and all its related companies, employees, agents and/or officers (“Representatives”) harmless upon any liability and/or claim, about the use of the Website by the Client, including but not limited to any breach of legal requirements or of these Terms by the Client.

The Company shall not be liable or responsible for any damage, in case of a force majeure event not in the Company’s control.

The Company will be bound only to information and/or orders supplied by either party to the other party in writing. The Client assumes all responsibility of verifying validity and legality of the Client’s actions with respect to any actions taken by the Client on the Company’s Website.

The Company shall be allowed to close the Client’s Account; cease or limit any or all trade activities on the Website; transfer, pledge, or sell the balance and/or securities in the Account(s); Cancel, terminate, and/or close any or all of the open transactions; offset any damages caused to it; or take any action which it deems fit to cure any violation of the Client – all with no prior notice and at its sole discretion, and the Client hereby waives any and all claims or rights of indemnification for any alleged damages caused as a result, in any event the Client: (i) Violates any of the obligations under these Terms and Conditions; and/or (ii) Becomes bankrupt, insolvent or in procedure of insolvency, reorganization, bankruptcy, or any similar procedure;

If suspected fraudulent trading activity by the Client, system arbitrage, some other form of exploitation has taken place, The Company reserves the right to launch an investigation. The Company reserves the right to in cases where such actions are found to permanently ban any Client who has committed any of the activities and possibly also report it to any relevant legal or civil authorities. In such a case the funds in the Client’s account will be forfeited.

THE COMPANY'S WEBSITE, SERVICES, TRADING PLATFORM OR OTHER SOFTWARE ARE PROVIDED AS-IS, AS AVAILABLE, WITH ALL INHERENT RISKS, AND THE COMPANY DOES NOT WARRANT THE ABOVE MENTIONED SHALL BE 100% ERROR AND BUG FREE, HAVE 100% UPTIME OR MEET THE CLIENT'S EXPECTATIONS OR GOALS.

The Client further understands that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent the Client from accessing the Company’s Website. The Company shall not be liable and shall bear no responsibility for, and the Client agrees not to hold or seek to hold the Company or any of its agents or service providers or other representatives liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.

Assignment

The Company is fully entitled to assign, grant, transfer, or sublicense all its rights provided for herein, wholly or in part, to any third party whatsoever. By no means shall the Client be entitled to do any of the above in respect the Client’s rights provided for herein, whether to other Site’s Clients or to others.

Notices

All notices and other communications required or permitted hereunder to be given to a party to this Agreement shall be in writing. Notices to the Client are to be given to the contact details given by the Client during Account opening process, and which may be amended by the Client by a written notice to the Company. All correspondence and notices that will be sent by the Client to the Company shall be deemed delivered only upon actual receipt by the Company and subject to its written confirmation as such. All correspondence and notices that will be sent to the Client shall be deemed delivered:

1. At their time of delivery if sent by hand delivery

2. Within one business day of delivery if sent to the Client’s e-mail address.

3. Within one business day of delivery if sent by facsimile to the Client.

4. Within five business days if delivered by posted mail to the Client.

Miscellaneous

In case of any contradiction between the English form of the Terms and any translated form of the Terms, the terms of English form will govern any translated form. The Company reserves the right at any time, to amend, alter, modify or change, as it sees fit, any term of these terms without any prior notice, and the Client hereby agrees to conform to the latest version as published on this Website. The Client hereby agrees that the Company reserves the sole right at any time, and in the Company’s sole discretion, to choose the type of Crypto Currency and assets on which will be to traded on the Site, the way they will be calculated and shall also have the right to change them at any time. Any words and/or expressions herein using the masculine or feminine gender shall refer to both the male and female genders, and words and expressions using persons, shall include also refer to businesses or incorporated bodies.

Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein. The Company’s acquiescence to any breach of these Terms and/or failure to exercise any right provided for herein shall be without prejudice to The Company’s legal rights and remedies, and shall not be held to preclude and/or debar it from exercising or seeking any of the same.

Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein. The Company’s acquiescence to any breach of these Terms and/or failure to exercise any right provided for herein shall be without prejudice to The Company’s legal rights and remedies, and shall not be held to preclude and/or debar it from exercising or seeking any of the same.

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