Last updated: February 2024 These Restaking Cloud Contributor Program (referred to as “RCP”, “RC point”, and “Point route”) Terms of Service (the “Terms”) apply to your access to, and use of the websites, platform, software, technologies, features, and other online products and services, or participation in live events (collectively, the “Restaking Cloud”, “RC”) provided or made available by Abstract Systems., (“Abstract”, “Company”, “us”, “our”, or “we”) in connection with any Ecosystem Contributor Program (“Program” and “Point Route”). By accessing or using Restaking Cloud or by participating in the Program, you agree to these Terms, to our Privacy Policy, and any other agreements or terms as set forth by the Company, and you consent to the use of the information you provide to communicate with you about the Company or the Program. These Terms constitute a binding obligation between you and the Company. If you are accessing the Services or participating in the Program on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. If you do not agree to these Terms, do not use Restaking Cloud or participate in the Program. If you have any questions about these Terms, the Restaking Cloud, or the Program, please contact us at [email protected]. YOUR PARTICIPATION IN THE PROGRAM IS ENTIRELY VOLUNTARY, BUT IF YOU ARE PARTICIPATING IN THE PROGRAM, YOU MUST STRICTLY ADHERE TO THE TERMS. THESE TERMS ARE SUBJECT TO AN ARBITRATION PROVISION. PLEASE REVIEW YOUR RIGHTS IN THE “DISPUTE RESOLUTION” SECTION OF THESE TERMS. PLEASE READ THE ARBITRATION PROVISION CAREFULLY, AS IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO THE TERMS OF THE ARBITRATION PROVISION RC Point Route Restaking Cloud (RC) is committed to nurturing and expanding a network of stakeholders and users engaged with Ethereum Proof of Stake Validation, ETH staking, and holding ETH Liquid staking tokens for ETH liquid staking protocols. Our aim is to encourage and support these stakeholders to explore, contribute to, and enhance the Restaking Cloud, the K2 protocol, Node Cloud, and other initiatives aligned with RC’s vision of promoting ethical growth in ecosystems powered by restaked ETH. Periodically, RC will introduce opportunities for contribution, including but not limited to hackathons, grant proposal requests, on-chain rewards, and task-based incentives linked to our protocols, alongside outlining the objectives these initiatives serve. For detailed information on the participation scope, evaluation criteria, rewards, selection mechanisms, and other pertinent aspects of each opportunity (collectively referred to as the “RC points guidelines”), participants are advised to consult the specific announcements for the respective Point route of interest and any additional documents provided related their respective point routes. Privacy Policy Please refer to our Privacy Policy for more details on the information that the Company may collect, use, and disclose and under what circumstances. You acknowledge and agree that your participation in the Program is subject to this Privacy Policy. Changes to Terms The Company may update the Terms at any time, in its sole discretion. If it does so, the Company will deliver a notice, if any, either by posting the updated Terms on its website or through other communications. It is important that you review any and all updated Terms, you are agreeing to be bound by the updated Terms. If you do not agree to be bound by the updated Terms, then you may not participate in the Program. Access to the Program By registering or applying, there is no guarantee that you will be able to participate in the Program, even if your point route participation or submission is accepted. You may participate in a Program only if you:
  1. Are 18 years or older and capable of forming a binding contract with the Company;
  2. Are not the subject of sanctions, or designated on any list of prohibited or restricted parties, or a citizen or organized or resident in a country or territory that is the subject of country-wide or territory-wide sanctions, or otherwise restrained by law from participating in the Program;
  3. Are not barred from participating under applicable law; and
  4. Meet any other eligibility requirements set forth in the RC points guidelines
Unless stated otherwise in the RC points guidelines, the Company may, at its sole discretion, introduce new or change existing eligibility criteria or change or modify the conditions or requirements of the Program and terminate any participant’s participation at any time, as the Company deems appropriate. The Program may operate in certain phases, and participation in any one phase of the Program does not imply or guarantee that you will be selected for any other phases of the Program. Program Incentives and Rewards; Eligibility to Collect The Company may, in its sole discretion, choose to provide incentives and/or rewards for participation or achievements in the Program, completing certain activities or for other contributions as the Company deems appropriate, and may select various reward types. These incentives and rewards are generally identified in the RC points guidelines. Notwithstanding any other information provided by the Company regarding the Program (including on its website, blog posts, or through other communications (such as forums, Telegram, Discord, or other social media channels), the Company may at its discretion, change or modify the amounts or types of rewards or incentives and/or discontinue, or terminate, temporarily or permanently, all or any part of the incentives or rewards program at any time and without notice and the Company may remove or reallocate any rewards or incentives earned by any participant or elect not to provide any rewards to any participant. You agree that any incentives or rewards received will be for your activities in the Program and will be the sole reward for those contributions. The Company will determine the type and form of incentive or reward to be offered in any Program, only through RC Points via a Point Route. RC Points will be provided only following a successful mainnet launch and will be subject to specific terms stipulated at the time of disbursement for claiming and redeemability. To be eligible to receive any reward or incentive offered, you must meet certain eligibility requirements. You shall:
  1. Be a natural person;
  2. Not be an employee, consultant, or an affiliate of the Company;
  3. Successfully complete the KYC screening process, if any. That is, you will be required to provide certain identifying information (e.g., name, residence or domicile, date of birth, etc.) and related documentation and pass sanctions and watchlist screening.
If the Company offers the rewards or incentives in the form of RC Points or tokens, to be eligible to receive such RC Points, (i) you are not a resident, citizen, national or agent of, or an entity organized, incorporated, or doing business in, Cuba, Democratic People’s Republic of North Korea, Islamic Republic of Iran, Libya, People’s Republic of China, South Sudan, Sudan (North), Syria, Crimea, Russia or any jurisdiction which is subject to the United States, the United Kingdom, United Nations or other applicable sanctions or embargoes or imposes similar sanctions (such embargoed or sanctioned territories, collectively, the “Restricted Territories”); Abstract systems reserves the right to add any additional jurisdictions at any time and without prior notice. You further represent that (ii) you are not, and do not directly or indirectly own or control, and have not received any assets from, any blockchain address that is, listed on any sanctions list or equivalent maintained by any of the United States, the United Kingdom, or the United Nations (such sanctions-listed persons, collectively, “Sanctions Lists Persons”); and (iii) you do not intend to transact in or with any Restricted Territories or Sanctions List Persons; and You are not a Restricted Person. RC Points The Company may choose to provide Program rewards or incentives in the form of RC Points. RC Points have no monetary value, are not investments nor investment vehicles, and they should not be treated as such; their value is simply their utility for functionality. RC Points are virtual items with no monetary value. RC Points do not constitute any currency or property of any type and are not redeemable, refundable, or eligible for any fiat or virtual currency or anything else of monetary value under any circumstances. Restaking Cloud may, in its sole discretion, decide to delete, wipe or otherwise remove the Restaking Cloud or the Program at any time without notice, including, without limitation, the modification of the presence, amounts, or any other conditions applicable to the RC Points, without any liability to you or other Program participants. RC does not guarantee that RC Points will continue to be offered for a specific length of time, and you may not rely upon the continued availability of any RC Points. If the Program expires or terminates, you acknowledge and agree that your access to and use of your RC Points will be removed, and all accrued RC Points will be deleted from the system. RC Points will not be converted into any future rewards offered by RC. Screening Process Before you may collect any reward or incentive of any kind, you may be required to complete the KYC Screening Process. You represent and warrant that the identifying information you provide during the KYC screening process truthfully and accurately represents you, and only you. Failure to provide such identifying information, pass sanctions and watchlist and wallet screening, and/or a failure to demonstrate compliance with the requirements herein may result in termination of your participation, forfeiture of any incentives or rewards, prohibition from participating in future Programs, and other actions. Providing false or inaccurate identifying information during the KYC screening process will result in the immediate application of these consequences. Duration of the Program Notwithstanding any other information provided by the Company regarding the Program, the Company may change, discontinue, or terminate, temporarily or permanently, all or any part of the Program at any time and without notice at its sole discretion, including, prior to providing any incentives or rewards, and including, without limitation, the modification of the presence, amounts, or any other conditions applicable to the Program incentives and rewards, without any liability to the Program participants. Removal From the Program The Company reserves the right to block any participant’s access to or participation in the Program. If you violate any of the terms and conditions of the Terms (as determined solely by the Company) or if you do not complete the necessary information or fail to provide accurate information, then you may be removed from the Program and will not be eligible to receive rewards. The Company further reserves the right to request information about, review, and investigate all Program activities, and to disqualify participants if we believe a participant has engaged in any activity that is abusive, fraudulent, in bad faith, or otherwise fails to meet the Program standards as set out in any RC points guidelines, requirements, or Terms. Third-Party Services The Company may share identifying information and documentation with certain vendors or third-party providers, including those who provide KYC screening for identity verification and sanctions and watchlist and wallet screening services (the “Third-Party Services”) in compliance with the Company’s Privacy Policy and may receive information from such Third-Party Services. You agree that your access and use of such Third-Party Services are governed solely by the terms and conditions of such Third-Party Services, and the Company is not responsible or liable for, and make no representations as to any aspect of such Third-Party Services, including, without limitation, their content or the manner in which they handle, protect, manage or process data or any interaction between you and the provider of such Third-Party Services. You irrevocably waive any claim against the Company with respect to such Third-Party Services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such Third-Party Services or your reliance on the privacy practices, data security processes, or other policies of such Third-Party Services. Taxes You are responsible for the payment of all taxes associated with your receipt of any incentives or rewards or any type. You agree to promptly provide the Company with any additional information and complete any required tax or other forms relating to your receipt of such rewards. You may suffer adverse tax consequences as a result of your participation in the Program. You hereby represent that (i) you have consulted with a tax adviser that you deem advisable in connection with your participation, or that you have had the opportunity to obtain tax advice but have chosen not to do so, (ii) the Company has not provided you with any tax advice with respect to your participation, and (iii) you are not relying on the Company for any tax advice. Security of Wallet You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), or any other codes that you use to access the Program as part of your systems. The Company assumes no responsibility for any losses resulting from any compromise of your systems or wallet(s). In order to provide incentives and/or rewards as part of a Program, the Company may at its sole option, send or receive incentives or rewards to your wallet application. In such a case, you are responsible for the management of the private keys and security of your wallet(s). The Company does not and will not manage, store, collect, or otherwise access the private keys for your wallet(s). You’re responsible for all activities that occur using your wallet, whether or not you know about them. Updates and Monitoring We may make any improvements, modifications, or updates to the Restaking Cloud as they relate to the Program, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, technical configurations, or service features (the “Updates”) from time to time. Your continued access to and use of the Restaking Cloud are subject to such Updates and you shall accept any patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Updates. We are not liable for any failure by you to accept and use such Updates in the manner specified or required by us. Although the Company is not obligated to monitor access to or participation in the Program, it has the right to do so for the purpose of operating the Program, to ensure compliance with the Terms, and to comply with applicable law or other legal requirements. Intellectual Property Rights By participating in the Program, you do not gain any rights thereto. Except where the RC points guidelines require creation of and posting to a submission document or GitHub repository in order to open source any Program output or otherwise indicate that the output is open-source, all rights, title, and interest in and to the Program, including all feedback, modifications, improvements, and enhancements made thereto, and all proprietary rights therein, shall be and remain the Company’s sole and exclusive property. Publicity Restaking Cloud retains the exclusive right to speak publicly about any Program and to make related announcements. You may not make any public statements or use the RC name or marks in any manner, without the prior written consent from RC. Prohibited Activities You will not (in each case except as otherwise contemplated as part of these Terms):
  • Engage in token touting under any circumstances;
  • Initiate any attacks that violate your cloud service, data center, or other applicable third-party service provider’s rules or policies;
  • Unless as expressly requested by the Company as part of a security or similar challenge, disrupt or initiate any attacks against users of the Restaking Cloud or the Program;
  • Disrupt, compromise, or otherwise damage data or property owned by other parties;
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity;
  • Access any accounts or data other than your own (or those for which you have explicit permission from their owners);
  • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, creating, encouraging, or implementing Sibyl attacks;
  • Participate in the Program from a jurisdiction other than the jurisdiction of your residence (as determined by the identity documentation provided by you);
  • Make any written or oral statements, or act in any manner that might disparage or damage the business of the Company;
  • Engage in any illegal behavior; and
  • Encourage or enable any other individual or entity to do any of the foregoing or otherwise violate the Terms.
Compliance with Laws It is your sole obligation to comply, and you agree to comply, with all applicable laws, rules, regulations, and any generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States, the United Kingdom, European Union or other relevant countries and all applicable privacy and data collection laws and regulations) in connection with your participation with the Program. To the extent required by law, you are solely responsible for obtaining or filing any approval, clearance, registration, permit, license or other regulatory authorization and shall comply with the requirements of such authorization. Upon request, you will provide documentation sufficient to demonstrate your compliance with this Paragraph. Additional Point Route Requirements Certain Point Route may require criteria for acceptance of development under the Program. Depending on the type and nature of the Point Route, RC may require audits or reviews of security measures, compliance programs, such as KYC protocols, export controls, data collection controls, or other features related to regulatory frameworks. These requirements and acceptance of any related Program do not constitute an endorsement or determination by RC of the sufficiency of underlying measures and do not create any liability on the part of RC for the compliance or security of the Program. RC is not responsible for determining whether a program complies with any applicable regulatory obligations or security standards. You are solely responsible, and you assume all liability, for ensuring compliance with all laws. WARRANTY DISCLAIMERS THE COMPANY MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM. THE PROGRAM IS PROVIDED “AS IS” AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALUE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Company has made no promises or guarantees with respect to delivery of any future features or functions. Any discussions of any future features or functions, either prior to or following the agreement to these Terms, are for informational purposes only, and the Company has no obligation to provide any such features or functions. You acknowledge that you have not relied on any statement, promise, assurance, or warranty that is not set out in the Terms. YOU ACCEPT AND ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH PARTICIPATING IN THE PROGRAM INCLUDING, BUT NOT LIMITED TO, THE RISK OF FAILURE OF HARDWARE, SOFTWARE, AND INTERNET CONNECTIONS, THE RISK OF MALICIOUS SOFTWARE INTRODUCTION, LOSS OF REWARDS, AND SECURITY RISKS. YOU ACCEPT AND ACKNOWLEDGE THAT THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSSES, FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS, OR DELAYS YOU MAY EXPERIENCE WHEN PARTICIPATING IN THE PROGRAM, HOWEVER CAUSED. THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR YOUR PARTICIPATION IN THE PROGRAM. The Company makes no warranty that the Program will meet your requirements or that the Restaking Cloud will be available on an uninterrupted, secure, or error-free basis or free of viruses, errors, or defects. The Company makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or materials offered in connection with the Program. You further understand and agree that:
  • access to the Program and the Restaking Cloud may require the use of your personal computer and/or mobile devices, as well as communications with or use of data and storage on such devices. You are responsible for any Internet connection or mobile fees and charges that you may incur as part of your voluntary participation in the Program.
  • certain information, including your on-chain transaction records on a blockchain, are all public information and can be accessed by anyone, including participants and non-participants of the Program.
  • security and other blockchain audits undertaken by the Company or third parties will access user data and could result in the loss of data or provoke actions from telecommunications and other third-party service providers.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF USE, LOST PROFITS, OR LOSS OF DATA ARISING OUT OF OR RELATED TO THESE TERMS OR THE PROGRAM, HOWEVER, CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE COMPANY, AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES, ITS SUPPLIERS, AND ITS LICENSORS FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PROGRAM EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. Indemnification To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Company and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Restaking Cloud or the Program; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with the Restaking Cloud or your participation in the Program. You agree to promptly notify the Company Parties of any third-party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement, at Company’s sole option, of any third-party Claims. Confidentiality You acknowledge that, in connection with your participation in the Program, you may be exposed to data and information, including product, technology, business, and strategy information, that is confidential and proprietary to us (collectively, “Confidential Information”). All Confidential Information shall be the sole and exclusive property of the Company and may be used by you only for assisting us in resolving any security issue you have reported to us. You may not reveal, publish, or otherwise disclose the Confidential Information to any third party without the prior written consent of the Company and shall protect the Confidential Information from disclosure using the same degree of care you use to protect your own confidential information of like kind, but in no event using less than reasonable care. You understand and acknowledge that unauthorized disclosure of Confidential Information will cause irreparable harm to the Company. Governing Law; Forum These Terms and any separate agreements whereby we provide you interface services shall be governed by and construed in accordance with the laws of the Cayman Islands. DISPUTE RESOLUTION PLEASE READ THIS CLAUSE CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
  1. Agreement to Attempt to Resolve Disputes Through Good Faith Negotiations Prior to commencing any legal proceeding against us of any kind, including arbitration as set forth below, you agree that you will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to these Terms or the interface services (each, a “Dispute” and, collectively, “Disputes”) by engaging in good faith negotiations. Such good faith negotiations require, at a minimum, that you provide us with a written notice specifying the nature and details of the Dispute. We shall have thirty (30) days to respond to the notice. Within sixty (60) days after you sent the initial notice, we shall meet and confer in good faith by videoconference, or by telephone, to try to resolve the Dispute. If we are unable to resolve the Dispute within ninety (90) days after the initial notice, we may agree to mediate their Dispute, or you may submit the Dispute to arbitration as set forth below.
  2. Agreement to Arbitrate You and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The place of arbitration shall be the Cayman Islands. The language of the arbitration shall be English. The arbitrator(s) shall have experience adjudicating matters involving Internet technology, software applications, financial transactions, and, ideally, blockchain technology. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of these Terms as to the types and amounts of damages for which a party may be held liable. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of (all/both) parties.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
  1. Changes By rejecting any changes to these Terms, you agree that you will arbitrate any Dispute between you and us in accordance with the provisions of this section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
  2. Severability. If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Assignment You may not sell, assign or transfer any of your rights, duties or obligations under these Terms without our prior written consent. Any attempt by you to assign or transfer the Terms, without such consent, will be null and void. We reserve the right to assign or transfer these Terms or any of its rights, duties, and obligations hereunder to any third party. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. General Terms Nothing herein shall constitute an employment, consultancy, joint venture, or partnership relationship between you and the Company. If any provision of the Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in full force and effect. These Terms and the RC points guidelines referenced herein reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Waiver of Rights. Company’s failure to enforce any right or provision of these Terms 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 the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Contact If you have questions about these Terms or the Program, please contact us at: [email protected]