Welcome to Flairrcoin, developed by Flairr Labs (operated by XI Media, LLC) (“us”, “we”, the “Company”, “XI Media”, or “Flairrcoin”).
The Service is based in the United States. Thus, it is not designed, customized, or directed to, any other country. Those who choose to access, visit and/or use the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty, covenant or guarantee that the Service, is appropriate, available, or legal in any particular geographic location.
2. Modifying this Agreement, and the Service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service (accessible through https://flairrcoin.com or any of our other related websites), and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Flairrcoin, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
Further, we are always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with a notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance, unless extenuating circumstances such as legal, safety or security concerns, prevent us from doing so.
3. Eligibility and Termination.
By downloading, accessing, previewing, or otherwise using the Service in any manner, you represent and warrant that you are an adult of at least 18 or older, or you are a parent or legal guardian of a child of minimum 13 years of age or older (or whatever the minimum age is in your jurisdiction), AND you have sufficient legal capacity to enter into this Agreement to use the Service yourself, or allow your child to use the Service.
You represent and warrant that you will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations, always.
AS A PARENT OR LEGAL GUARDIAN OF A MINOR, YOU ARE SOLELY AND FULLY RESPONSIBLE FOR SUPERVISING YOUR CHILD’S ACTIONS, AND DIGITAL OR PHYSICAL BEHAVIOR, INCLUDING WHETHER TO USE THE SERVICE, AND HOW.
We will not knowingly collect information from anyone under 13 years of age. You agree not to use the Service, or to allow others to do so, if doing so would violate the applicable Minimum Age in your jurisdiction.
BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SERVICE. YOU REPRESENT AND WARRANT THAT YOU ARE NOT:
(A) LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY COUNTRY TO WHICH THE UNITED STATES HAS EMBARGOED GOODS OR SERVICES;
(B) IDENTIFIED AS A “SPECIALLY DESIGNATED NATIONAL”, OR
(C) ON THE COMMERCE DEPARTMENT’S DENIED PERSONS LIST. YOU FURTHER REPRESENT AND WARRANT THAT YOU WILL NOT USE THE SERVICE IF THE LAWS OF YOUR COUNTRY PROHIBIT YOU FROM DOING SO IN ACCORDANCE WITH THIS AGREEMENT.
If you breach, violate, or act inconsistently with any part of this Agreement, we may terminate, discontinue, suspend, and/or restrict your ability to access, visit, and/or use the Service, or any portion thereof, and/or terminate this Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. Further, we may limit, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service or any other product or service we provide now or in the future. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) which we deem necessary and/or appropriate, with or without notice, to prevent violations and to enforce this Agreement and remedy any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond, to stop or prevent a breach or violation of your obligations under this Agreement.
4. Your Responsibility.
YOU REPRESENT AND WARRANT THAT YOU:
- MUST NOT use the Service in any way that could interfere with, disrupt, or negatively affect the Service or the servers or networks connected to the Service.
- MUST NOT upload viruses, trojans, worms, logic bombs or other material that is malicious or technologically disruptive or harmful and compromise the security or integrity of the Service, or it is users.
- MUST NOT attempt to gain unauthorized access to the Service, or any of the servers, computers or databases connected to the Service, or serving it.
- MUST NOT attack the Service via any form of denial-of-service attack (distributed or otherwise) nor anything equivalent thereto or which may have a similar effect.
- MUST NOT forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- MUST NOT use the Service or any content contained in the Service for any commercial purposes without our written consent.
- MUST NOT copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without our prior written consent.
- MUST NOT express or imply that any statements you make are endorsed by Flairrcoin.
- MUST NOT use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- MUST NOT “frame” or “mirror” any part of the Service without Flairrcoin’s prior written authorization.
- MUST NOT use meta tags or code or other devices containing any reference to Flairrcoin or the Service (or any trademark, trade name, service mark, logo or slogan of Flairrcoin) to direct any person to any other website for any purpose.
- MUST NOT modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service, or cause others to do so.
- MUST NOT use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
- MUST NOT use, access, or publish the Service programming interface without our written consent.
- MUST NOT probe, scan, or test the vulnerability of our Service, it’s system, features, sub-systems, networks, or sub-networks.
- MUST NOT encourage or promote any activity that violates this Agreement.
By breaching this provision, you may be committing a criminal offence under the laws of one or more jurisdictions. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access or use the Service will cease immediately.
5. Use of the Material on the Service
We are the owner or the licensee of all intellectual property rights in the Service, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not modify any materials downloaded or acquired in any way from the Service, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the content on the Service for commercial purposes without obtaining a license to do so from us or our licensors.
6. User Content.
By using the Service, you grant to Flairrcoin a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute information you authorize us to access, including any information you post, upload, display or otherwise make available on the Service, or transmit to other users (collectively, “User Content”). Flairrcoin’s license to User Content shall be non-exclusive, except that Flairrcoin’s license shall be exclusive with respect to derivative works created through use of the Service. Although, Flairrcoin reserves the right to review and remove User Content that violates this Agreement, such User Content is the sole responsibility of the user who posts, creates, or transmits it. Flairrcoin cannot guarantee that all User Content will comply with this Agreement. If you see User Content on the Service that violates this Agreement, please report it to us immediately by email (firstname.lastname@example.org).
7. Rules for Linking to the Service
You may link to the home page of our website (https://flairrcoin.com) if you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you. The Service or our website must not be framed on any other Site, nor may you create a link to any part of our website or the Service other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in this Agreement.
8. Intellectual Property, Service Content, and User Submissions.
Unless otherwise noted, all content on the Service, including but not limited to articles, artwork, screen shots, graphics, logos, downloads and any other types of data or information, is merely the property of Flairrcoin and is protected by United States and international copyrights, trademarks, and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. Because we may receive thousands of such requests, our policy is to decline use of our trademarks and copyrights. Subject to any limitations under applicable law, you acknowledge and accept that you have no property or other rights in any content on the Service, including but not limited to content that you may have created or developed including usernames, screen names, scores, playing, virtual content, the content of chats and other messages submitted to a Service, or to us directly or in-directly.
All communications, solicited feedback, and other materials submitted to the Service (by email or otherwise) are non-confidential and non-proprietary. By submitting material to the Service and subject to any limitations under applicable law, you give up any claims that the use of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material, or ideas, or any other right, including the right to approve the way such material is used.
Additionally, you grant us and any successors or assignees a perpetual, royalty-free, worldwide license to use, transmit, copy, and display such submitted information and material in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No further consideration or compensation will be given for any materials or information (including but not restricted to creative, financial, business, commercial, etc.); submitted in any manner. It’s also important to the success of a number of our Services that any errors or problems you discover are confidentially reported to our Support line directly (email@example.com) so we can address them as quickly as possible.
9. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that any of your content has been copied and posted on the Service (by others, and without your permission) in a way that constitutes copyright infringement, please provide Flairrcoin with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to the Flairrcoin Support via email to firstname.lastname@example.org.
10. Third Party Services.
The Service may contain (or be affiliated with) other services or products (physical or virtual) offered by us or third parties, and links to other websites or resources. Flairrcoin is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Flairrcoin is not responsible or liable for such third parties’ terms or actions.
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLAIRRCOIN, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS, OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF FLAIRRCOIN HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FLAIRRCOIN’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO FLAIRRCOIN DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST FLAIRRCOIN, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL.
THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
FLAIRRCOIN PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FLAIRRCOIN DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, DEFECT OR ERROR FREE, (B) ANY BUGS, DEFECTS, OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON, OR THROUGH THE SERVICE, WILL BE ACCURATE.
We do not guarantee that the User Content or the Service will be secure, or free from bugs, viruses, or malicious software. You are responsible for configuring your information technology, computer programs and platform to access Service. You should use your own firewall, virus protection software, and other security measures to protect yourself.
FLAIRRCOIN TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, OR ANOTHER USER, OR THIRD PARTY, TRANSMITS, TRADES, POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. FLAIRRCOIN ALSO TAKES NO RESPONSIBILITY, WHATSOEVER, FOR ANY VIRUSES, TROJAN HORSES, WORMS OR THE LIKE, WHICH MAY BE TRANSMITTED TO, OR THROUGH THE SERVICE, BY ANY USER OR THIRD PARTY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED MERELY AT YOUR OWN DISCRETION AND RISK.
FLAIRRCOIN DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, OR THIRD PARTY, WHETHER ON OR OFF THE SERVICE.
ALL THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, IN THE APPLICABLE JURISDICTION.
IN PARTICULAR, WE WILL NOT BE LIABLE OR RESONSIBLE FOR:
- LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
- LOST OR DAMAGED DATA;
- BUSINESS INTERRUPTION;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF OPPORTUNITY, GOODWILL OR REPUTATION;
- LITIGATION OR SIMILAR;
- ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE; OR SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY.
YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICE SHALL BE TO DISCONTINUE USING THE SERVICE.
13. Advice or Solicitation.
Content and information provided anywhere and anyhow on the Service is NOT intended:
- as any kind of psychological, health, or medical advice,
- as any kind of social, romantic or relationship advice,
- as any kind of investment, business, tax, accounting, or legal advice,
- as an offer, or solicitation of an offer, or recommendation to sell or buy any securities, or any other financial instrument, or to participate in any trade or transaction,
- as an endorsement, or recommendation of any transaction, trade, investment, or business undertaking.
14. Arbitration, Class-Action Waiver, and Jury Waiver.
Except where prohibited by applicable law:
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or the Service, regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Flairrcoin in a small claims court of competent jurisdiction in the county in which you reside, or in Orange county, Florida. Such arbitration shall be conducted by written submissions only, unless either you or Flairrcoin elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against Flairrcoin.
- If you assert a claim against Flairrcoin outside of small claims court, your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. The same is true for Flairrcoin. Both you and Flairrcoin are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant the relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only, for very limited reasons.
- Here are some important considerations that are fully incorporated and applicable to this Agreement:
- Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties under the Consumer Arbitration Rules of the American Arbitration Association. Arbitration does not limit or affect the legal claims you as an individual may bring against Flairrcoin. Agreeing to arbitration will only affect where those claims may be brought and how they will be resolved.
- Arbitration is generally considered to be a more rapid dispute resolution process than the judicial system, but that is not always the case. The Arbitrator will typically determine whether Flairrcoin or you will be required to pay or split the cost of any arbitration with Flairrcoin, based on the circumstances presented.
- You will be precluded from bringing any class or representative action against Flairrcoin, and you will also be precluded from participating in any recovery resulting from any class or representative action brought against Flairrcoin, in each case provided you are not already bound by an arbitration agreement and class action waiver previously agreed to with Flairrcoin.
- Under Rule R-9 of the AAA Consumer Arbitration Rules, either party to an arbitration involving a claim within the jurisdiction of a small claims court may choose to have the case decided by the small claims court instead. Please review Rule R-9 for more details. Nothing in this Agreement, including the right of the consumer (but not Flairrcoin) to file a dispute directly in small claims court rather than initiating arbitration, should be construed as being inconsistent with either party’s right to invoke Rule R-9 after an arbitration has been initiated.
DECIDING WHETHER TO AGREE TO THIS AGREEMENT, AND THIS ARBITRATION SECTION AS AN ESSENTIAL AND MATERIAL PART OF THE AGREEMENT, IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
15. Governing Law.
Except where our arbitration agreement is prohibited by law, the laws of Florida, USA, without regard to its conflict of laws and rules, shall apply to any disputes arising out of, or relating to this Agreement, the Service, or your relationship with Flairrcoin.
Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Orange County, Florida, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Flairrcoin that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Orange County, Florida, USA. You and Flairrcoin consent to the exercise of personal jurisdiction of courts in the State of Florida and waive any claim that such courts constitute an inconvenient forum.
17. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Flairrcoin, our affiliates, and their and our respective officers, directors, agents, representatives, and employees, from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
18.1. Entire Agreement.
This Agreement constitute the entire and exclusive understanding and agreement between Flairrcoin and you regarding the Service and Content, and these Terms supersede and replace all prior oral or written understandings or agreements between Flairrcoin and you regarding the Services and Content. No agency, partnership, joint venture, employer-employee, franchiser-franchisee, fiduciary, or any other special relationship is created as a result of this Agreement, and you may not make any representations on behalf of or bind Flairrcoin in any manner.
The descriptive headings of the provisions (sections and subsections) of this Agreement are for convenience only, and do not affect this Agreement’s construction or interpretation.
If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Flairrcoin’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Flairrcoin may freely assign or transfer the Terms of this Agreement without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, This Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
18.4. Force Majeure.
Neither Flairrcoin, any user, nor any other party involved in creating, producing, or delivering the Service or Content shall be liable with respect to any damages, injuries, nonperformance, or delay in performance by reason of any act of God, weather, fire, flood, wide-spread disease, acts of terror or foreign enemy, satellite or network failure, governmental policy change, order or regulation, trade dispute, or any other cause beyond its respective control.
Any notices or other communications provided by Flairrcoin under the Terms of this Agreement, including those regarding modifications to the Terms, will be given: (a) via email; or (b) by posting to the Services; or (c) by posting to the website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address Your provided. For notices made by the Service or Website, the date of receipt will be deemed the date that such notice is posted on the Service or Website.
18.6. How to contact us
If you have questions about this Agreement, here’s how you can reach us:
3259 Progress Drive
Orlando, FL 32826
United States of America
Flairrcoin’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Flairrcoin. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under the Terms of this Agreement will be without prejudice to its other remedies under the Terms of this Agreement or otherwise.