Terms of Use
Effective Date: July 7th 2025
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY AS THEY
FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND CRYSTAL DIGITAL SOLUTION S.R.L. with the address at la provincia de San José, Montes de Oca, San Pedro, Barrio Dent, Alvmar, oficina ciento uno, calle treinta y siete, avenida tercera, Costa Rica (“COMPANY” OR “WE AND ITS DERIVATIVES).
THIS SITE AND ANY OTHER SITES OF COMPANY (COLLECTIVELY, THE “SITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY COMPANY. THESE TERMS GOVERN THE USE OF THE SITE AND APPLY TO ALL VISITORS TO THE SITE AND THOSE WHO USE THE COMPANY APPLICATION – CURRENCY MANAGEMENT SOFTWARE, INCLUDING DIGITAL ASSET SERVICES, EXCHANGE SERVICES, AND E-WALLET SERVICES (WALLET) THAT IS DOWNLOADABLE FROM THE SITE OR ANY OTHER MARKETPLACE (THE “SOFTWARE”), AS WELL AS OTHER SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WALLET OR SITE, OR VIA OUR PARTNERS SEVICES AS DESCRIBED BELOW (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”, WHICH TERM INCLUDES THE APPLICATION SOFTWARE AND THE SITE UNLESS EXPLICITLY SET FORTH BELOW).
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS FOR YOUR COMPANY WALLET AND RELATED SERVICES USING COMPANY SOFTWARE.
BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, DOWNLOADING THE SOFTWARE AND/OR BROWSING THE SITE, YOU REPRESENT THAT
(A) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE PRESENT TERMS,
(B) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY,
AND
(C) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE LEGAL ENTITY ON FOR WHOM YOU ARE USING THE SERVICES.
THE TERM “YOU” REFERS TO YOU INDIVIDUALLY OR THE LEGAL ENTITY ON WHOSE BEHALF THE SERVICES ARE USED, AS APPLICABLE.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
(D) Company may modify these Terms at any time and in our sole discretion. If we do so, we will change the “Last Updated” date at the beginning of these Terms and, as available, inform you through or within the Services. By continuing to use the Site or Services following the release of updated Terms you consent to such updated Terms.
We invite you to check this page regularly for updates to the Terms.
- Use of the Services. The Software, the Site, the Services, and the information and content available therein (“Company Content”) are protected worldwide by copyright laws. Subject to the Terms, Company grants you a limited license to reproduce portions of Company Content solely as required to use the Services for your personal or internal business purposes. Unless otherwise specified by Company in a separate license, your right to use any Company Content is subject to these Terms.
- Company is not a bank or financial institution and does not provide investment or financial advice or consulting services to users of the Services. We are solely the provider of the Services. Any part of the Services can be provided via our partners, a stated below.
By choosing to exchange digital assets via Company, you acknowledge these terms and consent to bear any risks associated with this type of transaction.
- Digital Asset Transactions
3.1.For all intended digital asset transactions to be effectuated, they must be validated and chronicled in the respective digital asset’s public blockchain. These networks, which are decentralized and peer-to-peer, are bolstered by independent third parties and are not under the ownership, control, or operation of Company.
3.2.Company has no control over these blockchain networks and, therefore, cannot guarantee the confirmation and execution of any transaction details that you submit via our Services. By opting to use our Services, you must acknowledge and consent to the following:
(i) Company is not equipped to cancel or modify your transaction;
(ii) Blockchain networks might delay or fail to complete the transaction details you’ve submitted;
(iii) Company does not store, transmit, or receive digital assets. All related actions occur wholly within the framework of the applicable blockchain protocol;
(iv) Any transfer that relates to any digital asset is processed on the applicable blockchain network and not on a network owned or operated by Company.
3.3.By employing Company Services, you accept all inherent risks associated with the transaction process and the volatile nature of digital assets.
- Third Party Services and Content
4.1. Our Service connects you to a variety of services provided by our partners, which include but are not limited to crypto to crypto exchanges (“swap”), buying and selling of cryptocurrencies, services to display balances in fiat currency, cryptocurrency rate displays, decentralized finance applications for the exchange, Note that we do not have any control over these third-party services (“Third Party Services”).
4.2.Your engagement with these services and the associated informational content, products, or services (“Third Party Content”) is purely voluntary, and any reliance on such content is done at your own risk. While this Agreement regulates your engagement with our service, your interaction with Third Party Content and Services will likely be subjected to additional terms and conditions set by the respective third-party providers. These additional terms might involve separate charges, disclaimers, risk warnings, and privacy policies distinct from ours. It’s your responsibility to understand and acknowledge these terms, including how these providers handle your personal information.
4.3.By interacting with the Third Party Services, you attest that you have read, understood, and agreed to the provider’s terms. Though we make an effort to partner with trustworthy entities, we do not endorse or guarantee their offerings, nor do we assure the success of their services. We deny any liability and responsibility related to your use of these Third Party Services.
4.4.Any disputes or complaints relating to these services should be directed to the respective third-party provider. We bear no responsibility for any issues that might arise from your interactions with these services.
4.5.It is important to note that any mention or reference to a third-party product or service does not indicate an endorsement or approval from our end. We reserve the right to modify or withdraw the availability of any third-party service at our discretion.
4.6.You have the option to receive push notifications from third parties. To receive these notifications, you must explicitly agree to it as they will not be automatically enabled on your device.
4.7We do not ensure the validity of third-party content provided through these notifications, including but not limited to information about token availability or sales.
4.8.If you grant access to a third party to your account within the permissions defined by our Service, it does not exempt you from any responsibilities detailed in these Terms. You remain entirely responsible for all the actions or inactions of any third party that access your wallet.
5. Payment and Fees
5.1. The fees related to the Services, or any aspect thereof, are primarily established by our third-party partners and are available at mobile application. These fees can include, but are not limited to, cost for account management, transaction fees, withdrawal fees, gas fees, or charges for specific services offered by our partnering entities. Please note that these charges are controlled by the third-party entities and we neither influence nor regulate the creation or modification of these fees.
5.2. We stress that these fees transpire from third-party entities that we neither control nor influence in terms of fee creation or adjustment. These partners reserve the right to revise their fee structure independently, as per their discretion.
5.3. In certain instances, Company may receive a revenue share from such fees exercised by third parties. However, receiving revenue does not grant us any control or decision-making power over these charges.
5.4.Any update or adjustment to such fee structure will be promptly reflected on our website and/or mobile application. Your continued use of our Services following such updates indicates your acceptance of these changes. We recommend that users regularly check our website and mobile app to stay informed about the currently applicable fees.
5.5.Upon posting online, any new fee information comes into effect immediately unless stated otherwise. It remains your responsibility to stay informed about the current fee structure.
5.6.Moreover, it’s essential to understand that third-party services, including blockchain networks, could add additional transaction processing fees. These added charges fall outside our jurisdiction and influence. Hence, we disavow any responsibility for fees associated with third-party services.
- Transaction Fees
6.1. Your virtual currency transactions may incur transaction fees, such as mining fees, which are mandated by the virtual currency system or blockchain network you choose to use. Before initiating a transaction, it is your responsibility to ensure that your wallet has a sufficient balance and/or “gas” (network processing power) to complete the transaction fully.
6.2. It is crucial to note that we hold no control or influence over these fees or the fee setting mechanisms of third-party systems. Consequently, we are not liable for any transaction failures or financial losses you may experience due to inappropriately entered transaction fees (for instance, fees that are set too low or too high). This also extends to any issues arising from insufficient funds or gas associated with your wallet address.
6.3. For the sake of clarity, we do not have access to your or anyone else’s transactions due to the non-custodial premises of our Services. We manage no transactions nor retain any private keys associated with any wallets.
- Taxes
7.1. Your tax obligations concerning your transactions made through our Services are solely your responsibility. You are required to determine what, if any, taxes apply to your transactions. Moreover, it is incumbent upon you to report and submit the correct tax amounts to the appropriate tax authority.
7.2. We expressly clarify that our role does not include determining if taxes apply to your transactions. We are not in the business of collecting, reporting, withholding, or remitting any taxes arising from any digital asset-related transactions. Thus any tax obligations that accrue from your transactions through our Services is a matter for you and the applicable tax authorities.
- Accuracy of Information Provided by User
8.1. You represent and guarantee that any information you provide via the Services is precise and comprehensive. You accept and understand that we hold no responsibility for any errors or omissions made by you in any digital asset transactions initiated via the Services. To avoid potential issues, we strongly urge you to meticulously review the details of your transaction before initiating a digital asset transfer.
8.2. You undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking. You are responsible for any and all damages caused and all liability actions brought against Company for infringement of any third party rights or violation of any applicable laws.
8.3.You can use our Services only if you can lawfully enter into this agreement with Company under applicable law. If you use our Services, you agree to do so in compliance with Terms and with applicable laws and regulations. You are solely responsible for understanding and complying with any and all laws, rules and regulations of Your specific jurisdiction that may be applicable to You in connection with the use of any and all Services.
8.4. To use the Services You must:
– be at least 18 years old;
establish the Wallet in accordance with the instructions given in these Terms, on our website and/or our Android and iOS mobile apps;
– not be in violation of any of the provisions of these Terms or applicable laws and regulations,
– not be a resident of any of the High Risk or Restricted Countries where cryptocurrency banned and as stated inDirective (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and according to the list of Financial Action Task Force (FATF).
8.5. To use the Services You must apply for Services and provide all requested information. You must not provide any false, inaccurate, incomplete or misleading information. You must notify Company immediately upon any change of the information provided for the Wallet registration by sending us email at or by using mobile app’s interface. The usage of your information is a subject of the Privacy Policy which provides details of Your information that Company collects, how such information is used, and who Company shares it with.
8.6.Depending on where you use the Software, this may include a processing of your personal information to or outside of the European Economic Area, and by using the Services you agree that your personal information may be transferred and processed to \from the European Economic Area, for the purposes as stated in our Privacy Policy.
9. Company Software.
9.1.Use of the Software is governed by these Terms. Company delivers the Software as an application via download and Company will not provide you with any tangible copy of the Software. Subject to your compliance with the Terms, Company grants you a non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Software on devices you own or control solely for your personal or internal purposes. There are no special technical requirements to use the Service. Nevertheless, you have to have a computer or a mobile device with Internet or data services.
9.2. Because the Software is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you keep anti-virus software current and otherwise protect the device on which the Software is installed against malware.
Company is not responsible for any loss or damages – including loss of funds or lockout from accounts accessed via the Software – resulting from your failure to keep the device on which the Software is installed safe and free of any malware. Company cannot recover passwords or unlock account information stored in your decentralized Wallet and on the Software in any circumstances, including if the Software is compromised by malware on your computer, and it is your sole responsibility to take all reasonable precautions to secure and backup your copy of the Software and the information stored on it.
10. Updates.
The Software and Services are evolving and you may be required you to accept or install updates to the Software or Services, or update third party software (i.e., browsers or OS) in order to keep using the Software or Services or access their latest features, including security updates. We may update the Software and Services at any time, without providing notice.
11. Certain Restrictions.
11.1.By accessing the Services, you agree not to: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or Company Content, or any portion thereof, including on a service bureau or equivalent basis; (b) frame or enclose any trademark, logo, or other Company Content, (including images, text, page layout or form); (c) use any metatags or other “hidden text” using Company’ name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services or Software (except to the extent this restriction is expressly prohibited by applicable law); (e) use any manual or automated software, devices or other processes (including spiders or other data mining tools) to “scrape” or download data from any web pages in the Site (except that we grant operators of public search engines revocable permission to do so for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such content; (f) access the Site, Services, or Software in order to build a similar or competitive Site, Services, or Software; (g) copy, reproduce, distribute, republish, download, display, post or transmit any Company Content except as expressly permitted herein; and (h) remove or destroy any copyright notices or other proprietary markings contained on or in the Services or Company Content. Company, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the licenses
granted by Company herein.
12. Ownership.
12.1. Generally. Company and its suppliers own all right, title and interest in and to the Site, Services, Software, and Company Content. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Services, or Company Content.
12.2. Trademarks. Companylogo and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Company and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Site or Services are the property of their respective owners.
12.3. User Content. You own your User Content. By posting, displaying, sharing or distributing User Content on or through the Services, you grant us, and any Third Party Services used in connection with the Services, a nonexclusive license to use the User Content solely for the purpose of operating the Services. Except as prohibited by applicable law, we may disclose any information in our possession (including User Content) in connection with your use of the Services, to
(a) comply with legal process;
(b) enforce these Terms,
(c) respond to your requests for customer service, or
(d) protect the rights, property or personal safety of Company, our employees, directors or officers, partners and agents, or members of the public.
12.4. Feedback. You may provide ideas, suggestions, documents, and/or proposals about the Services to Company through any means (“Feedback”), and you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable right and license to use Feedback for any legitimate purpose.
13. User Conduct.
You may not use the Services for any purpose that is prohibited by the Terms or applicable law. You will not (and will not permit any third party to) take any action or make available any content on or through the Services that: (a) infringes any intellectual property rights of any person or entity; (b) is unlawful, threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or offensive; (c) is unauthorized or unsolicited advertising, junk or bulk e-mail; (d) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including any employee or representative of Company; (f) interferes with the proper functioning of the Services; (g) engages in any potentially harmful acts directed against the Services, including violating any security features of the Services, introducing viruses, worms, or
similar harmful code into the Services; or (h) attempts to do any of the foregoing.
14. Investigations.
Although Company does not generally monitor user activity on the Site or Services, if Company becomes aware of any possible violations by you of any provision of the Terms, Company may investigate such violations, at its sole discretion, take any of the actions set forth in Section 10 below.
15. Indemnification.
You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:
(a) your use of, or inability to use, the Services;
(b) your violation of the Terms;
(c) your violation of any rights of another party, including any other users of the Services;
or (d) your violation of any applicable laws, rules or regulations.
Company may, at its own cost, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. This provision does not require you to indemnify any Company Party for any fraud, gross negligence, or willful misconduct in connection with the Services.
16. Disclaimer of Warranties.
16.1. As Is. THE SITE, SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE, SERVICES, AND SOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ALL RISK OF USE OF THE SITE, SERVICES, AND SOFTWARE RESTS ENTIRELY WITH YOU.
16.2. Beta Releases. FROM TIME TO TIME, COMPANY MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES, WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’ SOLE DISCRETION.
16.3. Third Party Conduct. COMPANY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE SERVICES, INCLUDING OPERATORS OF THIRD PARTY SERVICES AND THIRD PARTY PROPERTIES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
17. Limitation of Liability.
17.1. Disclaimer. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOST PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED.
17.2. Cap on Liability.
UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU FOR DAMAGES ARISING OUT OF THE SERVICES EXCEEDING $100.
17.3. Exceptions. The limitations in Sections 17.2 will not apply to damages caused by the fraud, gross negligence, or willful misconduct of Company, or to the extent such limitations are precluded by applicable law (in which case Company’ liability will be increased to the minimum amount required to comply with such law).
17.4.Any activity related to cryptocurrency carries with it significant risks. Prior to using Company services, you should carefully consider the risks. If you are in any doubt as to the actions you should take, please consult your legal, financial, tax or other professional advisor(s). If any of the risks are unacceptable to you, you should not use our services. You acknowledge and agree that you will access and use the services at your own risk.
18. Term and Termination.
18.1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for so long as you access or use the Site, Services, or Software, unless terminated earlier in accordance with this Section 18.
18.2. Termination by Company. Company may, at any time and for any reason, cease providing any or all of the Services, and/or terminate the Terms. Without limiting the foregoing, we may also terminate your access to any or all of the Services If you materially breach any provision of the Terms, or if Company is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful).
18.3. Termination by You. Except as set forth in Section 18.4, these Terms will be of no further force and effect with respect to you if you cease all use of the Services and Software and no longer visit the Site.
18.4. Effect of Termination. Upon termination of any Service, your right to use such Service will automatically terminate immediately. Company will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms which by their nature should survive termination of Services will do so.
19. Dispute Resolution
19.1. Applicability of Arbitration. You agree that any dispute or claim relating in any way to your access or use of the Site, Services, or Software, or to any aspect of your relationship with Company, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non representative) basis; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, YOU MAY BRING YOUR CLAIMS AGAINST COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THESE TERMS, INCLUDING THIS ARBITRATION AGREEMENT.
19.2. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
19.3. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Company.
20. General Provisions.
20.1. Electronic Communications. Communications between you and Company use electronic means, whether made via the Site or Services or sent via e-mail, or whether Company posts notices on the Site or Services. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
20.2. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company’s prior written consent.
20.3. Force Majeure. Company will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents ,electricity supply interruptions, 3d parities’ stop of services, strikes or shortages of transportation facilities, energy, labor or materials.
20.4. Complaints, Claims, Disputes
If you have any questions, complaints or claims with respect to the Site, Services or Software, please contact us at: info@crystaldigital.co
We will do our best to address your concerns.
20.5 Refund, Cancellation
Our Services connected to the transactions and deemed to be provided after transaction have been performed, if you have any requests regarding your transaction please write your request and details to info@crystaldigital.co from the authorized email.
20.6. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE REPUBLIC OF COSTA RICA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
Any disputes related to the Terms or the Company Software shall be heard in the courts of Republic of Costa Rica.
20.7. Notice. Where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
Notice will be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
20.8. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
20.9. Severability. If any portion of these Terms is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
20.10. Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.