TERMS OF USE
The terms of use appearing on this page (collectively, the “Terms”) govern the use of this website, accessible via altr.services and all associated web pages (collectively, the “Site Platform Output”), by users, as well as users’ use and receipt of services provided via the Platform, including, without limitation, talent and artist management, social media account administration, content strategy, influencer and brand partnership facilitation, algorithmic growth services, and all related advisory and support services (collectively, the “Services”).
We also refer you to our Privacy Policy (as it may be amended or supplemented from time to time, the “Privacy Policy”), as well as any specific terms of use/service or policies which may apply to the Site which are imposed by any merchant services, data storage or other third party providers to the Site (collectively with the Privacy Policy, the “Additional Terms”) for additional terms and conditions which apply to your use of the Site and Services, which are supplementary to these Terms. In the event of any conflict or inconsistency between these Terms and any Additional Terms, the Additional Terms will prevail insofar as the specific subject matter thereof unless ‘notwithstanding’ language or similar language is used herein in order to indicate the intended paramountcy in respect of any specific provision or context.
By accessing or using the Site, you agree to be bound by these Terms and the Additional Terms in connection with such access to and use of the Site and the provision of the Services and Produced Documents. IF YOU DO NOT AGREE TO THESE TERMS, THE ADDITIONAL TERMS OR ANY OF THEM, YOU SHOULD IMMEDIATELY CEASE USING THE SITE AND ANY SERVICES.
Please contact us via email at support@altr.services.
1. Interpretation
- In this Terms, in addition to any terms defined elsewhere herein (which definitions shall apply throughout these Terms regardless of whether they appear prior or subsequent to the reference in question), the following terms shall have the following meanings:
- “Data”, with reference to you, means all information, data and materials (including personal information) which you input into the Site or otherwise deliver to us or provide us with access to in connection with your use of the Site and Services.
- “Intellectual property” means any and all United States of America, Canada and worldwide registered and unregistered (a) trade secrets, confidential information, know-how, methods, proprietary processes, client/customer and supplier lists and documentation relating to any of the foregoing; (b) copyrights, copyright registrations and applications for copyright registration; (c) patents, patent registrations and applications and other patent rights (including any patents issued on such applications or rights), inventions, inventors’ notes, research data, unpatented blue prints, drawings and designs, formulae, processes, technology; (d) trade names, brand names, business names, business styles, trade names, distinguishing guises, corporate names, domain names, website names and world wide web addresses, common law trade-marks, trade-mark registrations, trade-mark applications, service-marks, service-mark registrations, service-mark applications, trade dress and logos; and (e) all other intellectual, industrial or proprietary rights, together with all rights under licenses, registered user agreements, technology transfer agreements and other agreements or instruments relating to any of the foregoing; and “intellectual property rights” means the rights and interests of the owner thereof.
- “Member” means a user who has submitted their email address to us and created an account with us via which personal information is stored via the Site for subsequent access, and “Membership” has a corresponding meaning.
- “Personal information” has the meaning given to it in the Privacy Policy.
- “Produced Document” means any content strategies, campaign reports, analytics summaries, management recommendations, or other deliverables generated, output or otherwise delivered or made accessible to the user by ALTR through the Platform.
- “Site Content ALTR” means all text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Platform, and includes all ALTR IP therein and thereon.
- “You”, “your” or the “user” means the customer, visitor or member to the Site or recipient of any Services, whether for their own account or as agent or representative of another person or on behalf of a corporation or unincorporated organization.
- “We”, “us”, “our” or “ALTR” means ALTR Platform Services, LLC, a limited liability company organized under the laws of the State of Florida, operating the ALTR Platform at altr.services, and its employees, agents and representatives.
2. Restrictions On Use
- THE PLATFORM IS FOR YOUR AUTHORIZED USE ONLY IN CONNECTION WITH YOUR ENGAGEMENT WITH ALTR PLATFORM SERVICES, LLC. You shall not use the Platform to access or receive Services on behalf of any unauthorized third party. Without limiting the generality of the foregoing, you shall not sublicense, resell or otherwise commercialize access to the Platform or any Platform Output for any manner of compensation, whether directly or indirectly, in whole or in part (each a “Prohibited Resale”). The Platform is intended solely for use by artists, talent and authorized representatives in connection with the ALTR ecosystem, and shall not be exploited for any other commercial purpose.
- Except with the prior written consent of ALTR, no element, attribute or component of the Site, the Site Contents or the Services may be reproduced, copied, reverse engineered, decompiled, scraped, used to make derivative products, services or works, licensed, leased or rented, distributed, published, disseminated, sold or otherwise commercialized, whether directly or indirectly, in whole or in part, in or on any medium, nor shall the user attempt (or permit any person to attempt on the user’s behalf or at the user’s direction) to obtain or recreate the source code from the object code of the Site. In the event you engage a Prohibited Resale, then in addition to and without limitation of any other damages or other legal or equitable rights and remedies which ALTR may be entitled to, all proceeds of such Prohibited Resale (together with all accretions thereto, income thereon and assets into which such proceeds may be traceable) shall be the sole and exclusive property of ALTR, and shall be forthwith remitted to ALTR.
- The Site may only be used by users who are of or over the age of majority and have the legal power and capacity to enter into a binding contract in their jurisdiction. In most cases, this means you are representing and warranting that YOU ARE AT LEAST 18 YEARS OF AGE.
- As a condition of your use of the Site and the Services, you agree that you shall not:
- use the Site or the Services for any purpose that is unlawful under applicable law, or prohibited by these Terms;
- defame or disparage any person or organization, or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or Site Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
- use the Site to distribute viruses, trojans, worms or malware or other similar harmful software code, or otherwise tamper or interfere with, spam, blunt force or otherwise compromise the Site, its operation, its integrity or its security, or attempt to do any of the foregoing or otherwise bypass or circumvent any security or privacy protection measures of the Site;
- represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
- input any Data into the Site which violates the intellectual property rights of any other person, which you do not have legal authority to use for such purpose, or which is illegal (including, without limitation, the disclosure of insider information).
- If we, in our absolute discretion, determine at any time that you have violated any of the above provisions of this Section 2 or any other of the Terms, we may immediately suspend or permanently discontinue your use of and access to the Site and Services, including by deleting your Membership account and any and all of your Data.
3. Access to Your Account
- ALTR will not be obligated to give access to your Membership account to any other person or otherwise disclose or reset your login credentials. Notwithstanding:
- in the event you forget or lose your login credentials, ALTR will follow such protocols as it may have in place to reset such credentials or
- in the event of the death or legal incapacity of the user resulting in the purported legally authorized representative(s) of the user attempting to gain access to such account or any of the user’s Data for the purposes of administering the user’s affairs, ALTR shall be entitled to give such person or persons such access and Data for such purposes (and the user hereby consents thereto notwithstanding anything contained in the Privacy Policy) upon taking such steps as in ALTR’s sole and unfettered discretion may be necessary to verify the identity and authority of such person or persons, but ALTR DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT SUCH STEPS AND PROCESSES WILL BE FREE FROM BEING CAPABLE OF BEING EXPLOITED, HACKED OR OTHERWISE COMPROMISED RESULTING IN AN UNAUTHORIZED THIRD PARTY GAINING ACCESS, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY THEREFOR.
- Although there may be circumstances in which you may need to share your Membership or access credentials with another person for legitimate purposes, you are strongly encouraged by ALTR not to do so, and ALTR hereby disclaims all responsibility or liability whatsoever in connection with any unauthorized access to or disclosure of your Membership account or Data resulting from your doing so or otherwise failing to keep your login credentials confidential.
4. Legal Disclaimers
- ALTR Platform Services, LLC is a platform management company for the greater ALTR ecosystem including an affiliate talent and artist management company. ALTR Platform Services IS NOT A LEGAL SERVICES PROVIDER, LAW OFFICE OR LAW FIRM, AND DOES NOT PROVIDE LEGAL ADVICE OR LEGAL REPRESENTATION. No lawyer-client relationship is created between you, on one hand, and ALTR or any of its directors, officers, members, employees or representatives, on the other hand. Your Data and any other information or materials you provide to ALTR, although subject to our Privacy Policy, are NOT SUBJECT TO ATTORNEY-CLIENT PRIVILEGE or any professional obligations of confidentiality established by any applicable State Bar, Law Society or other legal profession governing body, meaning such Data, information and materials may potentially be required to be disclosed to governmental, law enforcement, administrative, taxation or judicial authorities, or may be compelled by discovery or deposition in a legal proceeding.
- Without limiting the generality of the preceding paragraph, you acknowledge and agree that YOU USE THE SITE AT YOUR OWN RISK in that:
- The social media landscape, platform algorithms, and industry standards change frequently. ALTR UTILIZES PROPRIETARY TECHNOLOGY, SOFTWARE ALGORITHMS AND HUMAN EXPERTISE TO PROVIDE MANAGEMENT SERVICES, BUT DOES NOT GUARANTEE ANY SPECIFIC OUTCOME, GROWTH METRIC, ENGAGEMENT RATE, OR REVENUE RESULT. THE PLATFORM OUTPUTS AND OTHER DELIVERABLES GENERATED OR PROVIDED VIA THE SITE ARE INTENDED TO SUPPORT YOUR GROWTH AND MANAGEMENT GOALS AT A HIGH LEVEL. ALTR IS NOT RESPONSIBLE OR LIABLE FOR ANY INACCURACIES OR DEFICIENCIES WITH PLATFORM OUTPUTS OR ANY OTHER INFORMATION OR DELIVERABLES PROVIDED VIA THE SITE.
- ALTR relies on the accuracy of the information you provide in delivering the Services and Platform Outputs, and is not responsible or liable for any deficiencies with Services or Platform Outputs resulting from inaccurate, incomplete or misleading information provided by you.
- ALTR and the Platform rely on the accuracy and completeness of the information you provide. ALTR is not responsible or liable for any deficiencies in the Services or Platform Outputs resulting from inaccurate or incomplete information provided by you.
- Platform algorithms, social media policies and industry standards change frequently. While ALTR strives to keep the Platform and its Services current and effective, we do not represent or warrant that the Services or Platform Outputs will at all times reflect the most current platform policies or industry standards. ALTR provides no representation or warranty that any Platform Output or Service result will remain current or applicable for any period of time after it is delivered.
- ALTR is not responsible or liable for any issues or deficiencies with Platform Outputs or Services which result from any modification, alteration or misuse thereof by you or any unauthorized third party.
- Platform Outputs delivered by ALTR are based on the information and instructions you provide and on ALTR’s professional judgment, and may be subject to adjustment based on ongoing Platform performance. You are expected to carefully review all Platform Outputs delivered to you. ALTR is not responsible or liable for any errors or omissions in Platform Outputs arising from inaccurate or incomplete information provided by you.
- To the extent ALTR or any of its employees, third party contractors or vendors or other representatives (collectively, “Our Representatives”) communicate with you regarding the Site, the Services or the Produced Documents, including the provision of support or the answering or any questions or inquiries you may submit, whether via the Contact Us form, email, telephone, web chat, or private or public messaging via any social media or other online platform (collectively, “ALTR Communications”), or otherwise, any guidance, instructions, directions, recommendations or advice provided relates strictly to the management and promotion of your Account and the performance of the Services. OUR REPRESENTATIVES WILL NOT PROVIDE LEGAL, FINANCIAL OR TAX ADVICE VIA ANY ALTR COMMUNICATIONS, AND YOU SHOULD NOT INTERPRET ANY ALTR COMMUNICATIONS AS INCLUDING ANY OF THE SAME. If you have legal, financial or tax questions in connection with your use of the Platform or Services, you should contact a duly qualified and licensed professional in your jurisdiction.
- ALTR DOES NOT PROVIDE ANY TAX ADVICE, RECOMMENDATIONS OR PLANNING FOR ANY JURISDICTION. ALTR DOES NOT PROVIDE FINANCIAL, INVESTMENT OR ESTATE PLANNING ADVICE OR RECOMMENDATIONS FOR ANY JURISDICTION. You are encouraged to seek the advice of a qualified and competent professional for any such advice or recommendations you may need.
- While we use commercially reasonable efforts to ensure the Site will operate and the Services will be provided free from errors, bugs, interruptions and other technical issues, we do not in any way guarantee, represent or warrant that the Site and the Services will at all times operate or be available on such basis.
- You acknowledge and agree that your Data, including personal information, will be collected, used and otherwise dealt with in accordance with the Privacy Policy, and represent and warrant that you have read and understood the Privacy Policy.
- While we use commercially reasonable efforts to ensure the security of the Site and the protection of your privacy and Data, we do not in any way guarantee, represent or warrant that the Site or your Data will not become the subject to a security breach or otherwise be improperly accessed or compromised by third parties without our consent or acquiescence, or become lost or corrupted (as applicable, any of the foregoing is referred to as a “Site Compromise”). ALTR intends to maintain all industry appropriate security and data protection measures at all times during the operation of the Platform and the storage of any user Data to avoid or minimize Site Compromises, and will promptly notify you in accordance with applicable privacy laws in the event of any Site Compromise which affects you upon ALTR becoming aware thereof.
5. Intellectual Property
- The Platform, all Platform Content and all trade names, brand names, business names, business styles, distinguishing guises, marks and logos appearing in any corresponding social media or other online platforms which ALTR may use to market, distribute, communicate or provide support for the Platform and Services, and all copyrights, patents and other intellectual property rights therein, are the sole and exclusive property of ALTR, inclusive of all source code, object code, databases and other programming and code therein, the design thereof and all other intellectual property rights associated therewith (collectively, the “ALTR IP”).
- The use of the Platform, creation of a Membership, input of Data and other interaction by the user with the Platform and Services shall not confer upon the user any intellectual property rights or other right, title and interest in the ALTR IP whatsoever, other than the revocable limited non-transferable non-sublicensable license to use the Platform and the Services in accordance with these Terms and the Additional Terms and as its use is reasonably intended by ALTR, and the use of any of the ALTR IP for any other purpose without ALTR’s prior written consent is strictly prohibited, including, but not limited to, in connection with any Prohibited Resale. The foregoing license is granted at the discretion of ALTR and may be terminated at any time for any reason or no reason, upon which the user shall immediately cease all use of and access to the Platform.
- Without limiting the generality of the foregoing provisions, in the event you provide us with any feedback, suggestions, ideas or other information via ALTR Communications, you do so on a strictly gratuitous and unsolicited basis, and you will have no right, title or interest, whether intellectual property rights or otherwise, in or to any resulting modifications, enhancements, upgrades, improvements or additions to the Platform, the Services or the Platform Outputs as a result thereof, and shall be entitled to no compensation or consideration whatsoever therefor.
6. Payment
- The fees charged by ALTR for Membership or the Services are established by ALTR from time to time at its discretion, and may be changed from time to time at its discretion without prior notice. The fees displayed on the Platform at the time of enrollment or payment processing are the then applicable fees and will apply to the user notwithstanding any previous fees that may have been displayed, including immediately prior to such time.
- All payments for the Services will be made via our third party merchant services providers which we engage from time to time, and will be subject to such Additional Terms as may be imposed by them.
- All transactions, sales and payments with ALTR are final, and are not subject to cancellation or refunds except as ALTR may otherwise determine in its sole discretion on a case-by-case basis. Without limiting the foregoing, cancellation of your Membership or your use of the Platform in accordance with these Terms or the Additional Terms will not entitle you to a refund of any kind.
7. Third Party Services and Links
- The Site may contain hyperlinks or other forms of connection or reference to websites, applications, platforms or services operated by affiliates and third parties (“Third Party Platforms & Services”). ALTR has no control over or responsibility for the Third Party Platforms & Services, provides no representation or warranty whatsoever regarding their quality, fitness, accessibility, operation, security or integrity, and shall not be responsible or liable for any losses or damages in connection with your use of any Third Party Platforms & Services. YOU USE ALL THIRD PARTY PLATFORMS & SERVICES AT YOUR OWN RISK.
- ALTR does not necessarily endorse, recommend or share the views of any contents, products, services or statements appearing on any Third Party Platforms & Services.
- Your use of all Third Party Platforms & Services is subject to such Additional Terms as may be imposed by the provider thereof.
- ALL ACCOUNT RECOVERY, REINSTATEMENT, AND ACCESS RESTORATION SERVICES OFFERED THROUGH ALTR SOCIAL ARE PERFORMED BY SECURE SOCIAL, AN INDEPENDENT THIRD-PARTY AFFILIATE SPECIALIZING IN DIGITAL ASSET RECOVERY. ALTR SOCIAL DOES NOT DIRECTLY PERFORM RECOVERY SERVICES AND ACTS SOLELY AS A PLATFORM FACILITATING ACCESS, ONBOARDING, AND ADMINISTRATIVE SUPPORT.
8. Limitations of Liability
- THE PLATFORM AND THE SERVICES ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS. ALTR MAKES NO REPRESENTATION...
- IN NO EVENT SHALL ALTR, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE RESPONSIBLE OR LIABLE, IN CONNECTION WITH THE PLATFORM, THE SERVICES OR THE PLATFORM OUTPUTS, FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST OPPORTUNITY, REVENUES, PROFITS, SALARIES, REPUTATION OR STANDING), REGARDLESS OF WHETHER SUCH LIABILITY ARISES OUT OF BREACH OF CONTRACT, STATUTE, GUARANTEE OR WARRANTY, TORT, PRODUCT LIABILITY, INDEMNITY, CONTRIBUTION, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, OR FOR ANY MATTER BEYOND ITS REASONABLE CONTROL INCLUDING WITHOUT LIMITATION ANY BREACH BY THE USER OF THESE TERMS OR ANY ADDITIONAL TERMS.
- IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, ALTR IS FOUND TO BE LIABLE IN DAMAGES TO THE USER OR ANY SUCCESSOR, ASSIGN, HEIR, AGENT, REPRESENTATIVE OR ANY OTHER PERSON CLAIMING UNDER THE USER, THE AGGREGATE TOTAL LIABILITY OF ALTR TO ALL SUCH PERSONS SHALL BE LIMITED TO THE TOTAL OF THE COMPENSATION ACTUALLY PAID BY THE USER TO ALTR FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH LIABILITY ARISES OUT OF BREACH OF CONTRACT, STATUTE, GUARANTEE OR WARRANTY, TORT, PRODUCT LIABILITY, INDEMNITY, CONTRIBUTION, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
- YOU HEREBY AGREE TO INDEMNIFY AND SAVE HARMLESS ALTR, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, FOR, FROM AND AGAINST ANY AND ALL MANNER OR FORM OF CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE, LOSS, COSTS, LIABILITY OR EXPENSE, AND ANY ACTIONS, APPLICATIONS, COMPLAINTS, GRIEVANCES, SUITS, CHARGES, INVESTIGATIONS AND OTHER MANNER OF PROCEEDINGS WHICH MAY BE MADE, BROUGHT, PROSECUTED OR ENFORCED IN RESPECT THEREOF, WHETHER JUDICIAL, CRIMINAL, CIVIL, PRIVATE, REGULATORY OR ADMINISTRATIVE, INCLUDING ALL LEGAL COSTS INCURRED IN DEFENDING OR RESPONDING TO THE SAME, IN CONNECTION WITH (A) YOUR USE OF THE PLATFORM, SERVICES AND PLATFORM OUTPUTS, INCLUDING ANY ACT, OMISSION, NEGLIGENCE, WILFUL MISCONDUCT OR CRIMINAL ACT BY YOU IN DOING SO...
9. Changes, Amendments and Assignment
- ALTR reserves the right to make modifications, enhancements, upgrades, improvements or additions to the Platform, the Services or the Platform Outputs from time to time at its discretion, including the removal or cessation of any component or feature thereof, whether on a temporary or permanent basis. No such change will give the user any right to a refund or other compensation in connection with any amount previously paid.
- These Terms may be amended from time to time by ALTR by posting such amendment on the Site in replacement of any previous version of these Terms. The ‘version number’ or ‘last modified date’ shown on the Site shall be determinative as to the version of these Terms which apply at any given time. Any such amendment or change will be effective upon such posting, without the need for ALTR to notify you thereof or otherwise post or communicate that there has been such a change. By continuing your use of the Site or not cancelling your Membership upon or after any such change, you agree that you will be bound by the then current version of these Terms applicable from time to time in accordance with the foregoing.
- These Terms may be assigned by ALTR to any successor or assignee who may acquire, merge with or amalgamate with ALTR or who may acquire the Platform or any intellectual property therein, or to whom ALTR may license the Platform or any of the intellectual property therein, in whole or in part, without notice to or the consent of the user or other restriction.
- You may not assign, sublicense or transfer any of your rights and obligations under these Terms except pursuant to any transfer by operation of law by reason of your death or incapacity.
10. Governing Law and Forum
- ALTR is headquartered in Miami, Florida, U.S.A. You acknowledge and agree that the Services are deemed to be provided and delivered solely in such jurisdiction.
- Notwithstanding, these Terms, including the interpretation and application thereof, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
- In the event any dispute, suit or proceeding arises in connection with the interpretation and application of these Terms, or otherwise in connection with the Platform, the Services or the Platform Outputs, you agree that the state and federal courts located in Miami-Dade County, Florida shall have exclusive jurisdiction over such dispute, suit or proceeding, and agree to attorn to the jurisdiction of such courts.
- YOU HEREBY IRREVOCABLY WAIVE TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IN CONNECTION WITH ANY DISPUTE, SUIT OR PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION AND APPLICATION OF THESE TERMS, OR OTHERWISE IN CONNECTION WITH THE SITE, THE SERVICES OR THE PRODUCTS.
11. General Terms
- These Terms do not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and ALTR, except as expressly set forth in any separate management agreement executed between the parties.
- Each provision contained in these Terms is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof, and any such court is empowered to reconstrue and ‘bluepen’ these Terms to the minimal extent necessary so as to render them enforceable in the applicable jurisdiction, provided any such change shall apply only in such specific circumstance and in such jurisdiction.
- All notices and communications from you to us shall be delivered via email to support@altr.services. The delivery of notices and communications by the foregoing means shall constitute valid delivery.
- references to a “party” or “parties” are references to the parties to these Terms, and where a reference to the parties implies there are only two parties, ALTR and the user shall each be construed in the context as a single party.
- These Terms, together with the Additional Terms and any applicable Artist Management Agreement, or Service Agreement constitutes the entire agreement between ALTR and the user with respect to the subject matter thereof and supersedes all understandings and discussions communicated as between such parties, whether written or oral, whether via ALTR Communications or otherwise.
- These Terms shall be binding upon and enure to the benefit of ALTR and the user, their respective heirs, executors, administrators and other legal representatives and, to the extent permitted hereunder, their respective successors and assigns.
- Except as expressly provided in these Terms, no amendment or waiver of these Terms or any portion thereof shall be binding unless in writing. No waiver of any provision of these Terms shall constitute a waiver of any other provision, nor shall any waiver of any provision of these Terms constitute a continuing waiver unless otherwise expressly provided.
