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TERMS OF USE
MILLIX.COM

Welcome to the millix.com website.  These Terms of Use apply to all users of the website located at www.millix.com (the "Site") and to all users of the digital currency wallet services we provide that are available to you through the Site (the "Services").

  1. BINDING AGREEMENT WITH YOU

The Site is operated by 404 Financial LLC (referred to as "we," "our," or "us").  These Terms of Use are a binding agreement between us and you.  You are referred to in these Terms of Use as "you" or "your."  Together, you and we are collectively referred to as the "Parties" or a "Party."

By using the Site or our Services, including viewing content, registering for an Account, using an Account, or participating in Transactions (described below), you signify that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to all of these Terms of Use, please do not use the Site or our Services.

You further represent that you are at least 18 years old, do not reside in the United States of America ("USA"), and are not otherwise barred from using our Services under the laws of the location where you reside or any other laws.        

  1. OUR DIGITAL CURRENCY WALLET SERVICES

Through our Services you may store digital currencies that we support in a digital currency wallet (the "Wallet") that we provide through our Site.  Through the Wallet, you may request from others, send to them and receive from them the digital currencies that we support.  Each request for or the sending or receiving of digital currencies by you or others through our Services is referred to in these Terms of Use as a "Transaction." 

YOU UNDERSTAND THAT WE DO NOT PROVIDE THE SERVICES TO RESIDENTS OF THE USA AND YOU AGREE NOT TO USE OUR SERVICES IF YOU ARE A RESIDENT OF THE USA.

  1. ACCOUNT SETUP

In order to use our Services, you will need to register and create a user account (an "Account"). To set up an Account, you will be required to provide to us your email address, a username and a password. You agree that you will supply only complete and accurate information in registering for an Account and that you will update us if any information you have provided to us changes.  If the username you have selected is taken, we will provide you a username of our choosing.  You also certify that you have never been removed or suspended from using our Services.  During registration for your Account, or at any other time, we may ask you to provide us additional personal information in order to verify your identity.  Personal information may include your name, address, telephone number, email address, birth date, tax I.D. numbers, government I.D. information, bank account information and other information.  We may ask for such information in order to detect illegal activities such as fraud, money laundering, terrorist activity or financing, or any other crimes.  You agree to provide this information upon our request, that such information will be accurate, and that we may maintain records of this information. You agree that you will promptly notify us if any of the information you provide changes. If you do not provide us the information we request, you agree that we may cancel your account or change the Services we provide you.  You also agree that based on the information you provide to us, we may change our Services to you or cancel your account at any time.  YOU AGREE THAT WE MAY USE YOUR PERSONAL INFORMATION, AND DISCLOSE IT TO THIRD PARTIES, FOR THE PURPOSE OF VERIFYING YOUR IDENTITY, CHECKING YOUR CREDIT, AND FOR FRAUD AND OTHER CRIME AVOIDANCE.

  1. PREMIUM ACCOUNTS

We may offer our users premium usernames for an upfront fee and an additional annual maintenance fee. A premium username is a username comprising of 4 or less characters (for example, "Joe" that would be displayed as "joe.millix.com"). Usernames comprising of 5 or more characters (for example, "Jonathan" or "JSmith") are free. If you have a premium username and fail to make the annual maintenance payment when due, then we reserve the right, in our sole discretion, to assign you a new non-premium username and to make the premium username available to other users. 

  1. NO ACCOUNT VERIFICATION OBLIGATION

You agree that we have no obligation to verify User Accounts. This means that you are responsible for ensuring that a page belongs to the individual or entity claimed to be the owner of the Account. You agree that we take no responsibility and make no representations whatsoever with respect to Account ownership. 

YOU AGREE THAT WE HAVE NO OBLIGATION TO SCREEN SITE USERS OR ACCOUNTS AND CANNOT VERIFY THE IDENTITY OF ANY USER. ANY DEALINGS OR INTERACTIONS YOU MAY HAVE WITH OTHER SITE USERS OR ACCOUNTS ARE AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY HARM CAUSED TO YOU BY VIRTUE OF YOUR INTERACTION OR DEALING WITH ANOTHER USER OR OTHERWISE BY VIRTUE OF YOUR USE OF THE SITE OR SERVICES. 

  1. ACCESS TO ACCOUNTS AND LOST PASSWORDS

If any person successfully logs in to an Account, we assume they are the authorized user and we provide them with all privileges available with the Account.   If you cannot log in to your Account, and you cannot receive system generated communications regarding your password we cannot assist you in gaining access to your Account and there is nothing further we can do to provide access to your Account.   You agree that we have no responsibility for any losses you incur as a result of your inability to access your Account due to lost or incorrect passwords.  

  1. USE RESTRICTIONS

In connection with your use of the Site and Services, you agree as follows:

  1. You will not at any time use an Account or Wallet that is created by any other user.

  1. We cannot guarantee the identity of any user, sender, requester, receiver or any other party and you are solely responsible for any activity that occurs in connection with your Account or your Wallet.

  1. You will keep your Account credentials secure at all times.

  1. You will verify all Transaction information before entering into any Transaction through our Services as once we submit the Transaction to the applicable digital currency network we cannot cancel it.

  1. You will immediately notify us of any security breach or unauthorized use of our Services.

  1. We reserve the right to cancel or delay any Transaction that we believe may violate applicable law or these Terms of Use. 

  1. We cannot cancel any Transaction that has already been submitted to the applicable digital currency network. 

  1. We may provide to any governmental authority all information about your Account and your use of the Services in response to a subpoena, court order, or other governmental request.

  1. You will not attempt to conduct any transactions in a digital currency that is not supported by us.

  1. Digital currency associated with any pending Transaction will not be available in your Wallet or available for any other Transaction.

  1. You will not use the Site or Services for any purpose or in any manner that is inconsistent with any applicable laws or regulations.

  1. You will not use the Services to purchase or sell any products or services that are restricted by any governmental authority or that are unlawful.

  1. You will not use the Services to transmit spam email or unsolicited advertisements to others.

  1. You will not use any information obtained from the Site or other users in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

  1. You will not interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 

  1. You will not disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, materials, system resources, Accounts, passwords, servers, or networks connected to or accessible through the Site.

You understand and agree that we reserve the right to cancel and/or suspend your Account, to block Transactions, or to freeze your Account immediately and without notice if we determine, in our sole discretion, that your Account or any of your Transactions are associated with violation of these Terms of Use or any other illegal or prohibited activity.

  1. WE ARE NOT A CURRENCY EXCHANGE

You understand and agree that our Services allow you to use a Wallet only to make and receive digital currency payments.  In other words, you cannot use our Services to exchange digital currencies for fiat currencies issued by governments (e.g. US Dollars, Euros, etc.).  We do not store or conduct Transactions for any fiat currencies.

  1. TRANSACTION FEES AND IDLE ACCOUNT MAINTENANCE FEES  

We may charge you fees to process Transactions.  Generally, there is no transaction fee for Transactions between persons who are each account holders of millix.com.  Your Transactions with others who are not millix.com account holders generally incur a fee.  We will calculate the fee for each Transaction and the amount of the fee will be disclosed to you at the time you submit your Transaction.  You agree that we may collect our fees from your Account at the time of the Transaction and that such fees are not refundable for any reason.  If you do not access your Account for a period of 12 consecutive months, you agree to pay us a 1% Monthly Account Maintenance Fee each month thereafter.  This Monthly Account Maintenance Fee will be charged each month until the time you again access your Account.  You agree and acknowledge that we may collect the Monthly Account Maintenance Fee directly from your Account and that the Monthly Account Maintenance Fee is not refundable for any reason.   

  1. NO DIVIDENDS, INTEREST OR OTHER BENEFIT PAYMENTS

You understand and agree that we have no obligation to pay or provide to you any interest payments on amounts in your Wallet, or any other benefits that may derive from being the custodian of private digital currency keys, such as dividends, "airdrops," forking currencies, or any other similar benefit.  Any Transactions using your Wallet shall only be conducted in the type of digital currency that you provided to us. 

  1. USER CONTENT; YOUR LICENSE TO US

All user-supplied content, information, materials, files, communications, documents, text and images, including information submitted by you in connection with your Account, are referred to collectively as "User Content." You grant to us a royalty free, perpetual, irrevocable, worldwide, transferable, fully sublicensable, non-exclusive, unlimited license to copy, sell, distribute, modify, display, perform and use your User Content for any purpose in our business, on the Site, and to provide our Services to you and to others.  You agree that we may transfer all of your User Content without restriction to any person or entity who acquires us or any of our assets. You also understand and agree that we cannot close your account or delete the information you provide to us.

You understand and agree that you are entirely responsible for the content of, and any harm resulting from, your postings to or transmissions through the Site and your User Content. With respect to your User Content (including your profile page), you represent, warrant and agree that: 

  1. The creation, distribution, transmission, public display and performance, accessing, downloading and copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party.

  1. Your User Content does not contain any viruses, malicious code or other harmful or destructive content.

  1. Your User Content is not obscene, lewd, lascivious, pornographic, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party. 

  1. Your User Content does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner, and does not violate any applicable child pornography law or otherwise intended to protect the health or wellbeing of minors. 

  1. Your User Content does not violate any applicable law designed to regulate electronic advertising.

  1. Your User Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code designed to enable you or others to gather information about or monitor the online or other activities of another party on or through the Site.

  1. Your User Content does not contain any defamatory material. 

  1. Your User Content does not inundate the website with communications or other traffic suggesting no serious intent to use the website for its stated purpose.

  1.  Your User Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation. 

  1. OUR LICENSE TO YOU

Provided you are current in any fees owed to us and are in compliance with all of these Terms of Use and all applicable laws, we grant you a limited, non-transferable, revocable license to access the Site and its content solely for the purpose of viewing our Site and using the Services we make available to you through the Site for their intended purpose.  Except as expressly provided in this paragraph, we do not grant any express or implied rights to use the Site and the Services. The Services and our Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Site or Services may violate such laws and these Terms of Use. You agree not to use, copy, republish, frame, download, transmit, modify, assign, distribute, or create derivative works based on the Site or our Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site and our Services. 

You further agree to the following limitations in connection with your use of the Site and our Services:  (a) the Site and all the User Content of others may be used solely for personal and internal purposes and you may not commercially exploit any of the Site content or the User Content of others without express permission from us;  (b) you agree that you will not alter in any way our Site, its content, and the User Content of others; (c) You agree not to remove any copyright or other proprietary notices contained in the Site or its content; (d) we reserve the right to revoke at any time the authorization to access, view, or use in any way our Site and Services and the Services; and (e) the rights granted to you in these Terms of Use constitute a license only and not a transfer of title. 

If you breach any of these Terms of Use, your authorization to use the Site and our Services automatically terminates.

  1. THIRD PARTY SERVICES AND LINKS

In addition to the Services offered by us, our Site may also make available materials, links, information, products and services provided by third parties (collectively, the "Third Party Products and Services"). The Third Party Products and Services may be governed by separate agreements that accompany such products or services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Products and Services. You agree that you will not hold us responsible or liable with respect to the Third Party Products and Services or seek to do so. 

  1. TRADEMARKS

The trademarks, logos, and service marks, including the "millix.com" trademark (collectively the "Marks") displayed on this Site are the property of 404 Financial LLC or their third party licensors. You are not permitted to use the Marks without our prior written consent. 

  1. SUPPORT

In order to contact our customer support personnel, you may only do so through your Account and you must be logged in to your Account.  Otherwise, we cannot verify that you are the holder of your Account.  We do not provide customer support to any person who is not logged in to their Account.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

Our Site is committed to complying with U.S. copyright laws. The Digital Millennium Copyright Act ("DMCA") provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, we may remove or block access to the allegedly infringing material, and may terminate the user's account as provided in these Terms of Use. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us. In any event, we shall not be made a party to disputes over alleged copyright infringement. 

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to [email protected].  Or you may physically mail it to 404 Financial LLC, 16192 Coastal Hwy, Lewes, Delaware 19958, USA.

  1. MANAGING USER CONTENT, COMMUNICATIONS AND SITE ACCESS

We reserve the right but do not have the obligation to: (a) monitor the Site for violations of these Terms of Use; (b) take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use; and (c) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's User Content or any portion thereof that may violate these Terms of Use or any policy of ours. We make no representation that we will keep or save your User Content; all such content may be deleted by us in our sole discretion without liability. In addition, to the maximum extent permitted by law, we will have no liability related to User Content. 

  1. DIGITAL CURRENCY AVAILABILITY FOR TRANSACTIONS

For security purposes, we keep a limited amount of digital currency immediately available for Transactions and the remaining digital currency is maintained offline.  As a result, you understand and agree that we may impose limits on Transactions and that Transactions may be delayed based on the size of the Transaction and number of Transactions being processed.  

  1. WARRANTIES AND DISCLAIMERS

You understand and agree that digital currencies are experimental, non-regulated, bearer instruments that are difficult to secure.  You agree that there are risks associated with using a digital currency wallet service including, but not limited to, the risk of software or hardware failure, network failures, malicious software, and unauthorized access to your Wallet by malicious intruders or hackers.  You agree that we will not be responsible for any communication failures, disruptions, errors, loss of data, or delays you may experience when using the Services, however caused. Though we make what we consider reasonable efforts to secure your Account, we do not warranty or guarantee that your digital currencies will be available to you for withdrawal or for Transactions. 

You further agree that there are risks associated with using any digital currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the digital currency network and its processes. You agree that we have no control over any digital current network and will not be responsible for any harm occurring as a result of such risks.

You agree that we will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of our Services, including but not limited to any losses, damages or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped digital currency addresses; (b) server failure or data loss; (c) corrupted Wallet files; (d) unauthorized or malicious access to the Site or our Services; (e) any unauthorized third party activities, including without limitation the use of viruses, phishing, hacking or other means of attack against the Site or our Services.

THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; AND (IV) THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. 

We assume no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or materials offered through the Site. No information, whether oral or written, obtained by you from us or through or from the Site shall create any warranty not expressly stated in these Terms of Use. 

  1. PERSONAL INFORMATION AND PRIVACY

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of us or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.  You acknowledge that you have ready and understand our Privacy Policy.

  1. LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE SITE OR THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

IN NO EVENT SHALL WE OR OUR SUBSIDIARIES, PARENTS, AFFILIATES, OWNERS, MEMBERS, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS, PARTNERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SITE AND ANY OF THE SERVICES. 

EACH PARTY AGREES THAT, EXCEPT FOR INDEMNITY OBLIGATIONS IN THESE TERMS OF USE, ANY LIABILITY TO THE OTHER SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO US FOR USE OF THE SERVICES DURING THE YEAR PRIOR TO THE EVENT GIVING RISE TO LIABILITY, EVEN IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. INDEMNITY 

You agree to indemnify, defend and hold us and our subsidiaries, parents, affiliates, owners, members, officers, directors, agents, successors, partners and employees, harmless from any losses, damages, fines, taxes, judgments, costs and expenses, as they are incurred (including reasonable attorneys' fees and litigation expenses), that we may be subject to which arise from or are related to any alleged act or omission by you or your agents or representatives, or that arise from or are related to any of your Transactions or use of the Site or Services, that would constitute a breach of these Terms of Use, a violation of applicable law, or a violation of any person or entities rights, including without limitation their intellectual property or privacy rights.  You agree that we may hold and deduct from your Account any amount we believe in good faith may be necessary to comply with your indemnity obligations.  Once your indemnity obligations are fulfilled, we will return any remaining amount to your Account.

  1. GOVERNING LAW

These Terms of Use are governed in all respects by the laws of the state of Delaware, USA without regard to its conflict of laws provisions.    

  1. ARBITRATION AND WAIVER OF CLASS ACTIONS

All claims and disputes arising under or relating to these Terms of Use, the Site or the Services are to be settled solely and finally by binding arbitration rather than in court.  However, you may pursue claims in small claims court to the extent your claims qualify.  

By agreeing to arbitrate, you and we understand and agree that disputes between you and us will not be decided by a jury and that you and we may not have the right to have a court review the arbitration award or to appeal it.  

The arbitration shall be conducted by the American Arbitration Association ("AAA")  under the AAA rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. You may obtain copies of the AAA's rules and instructions on how to commence a claim at www.adr.org or by calling (800) 778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If such fees you are required to pay would exceed the fees and costs you would incur in a court proceeding, we will reimburse you for such fees to the extent they exceed the amounts you would be required to pay in court, unless the arbitrator determines your claims are frivolous. If we prevail in the arbitration, we will not request attorneys' fees and costs from you in the arbitration unless the arbitrator determines that your claims are frivolous or unless they are otherwise allowed by applicable law. 

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the United States in the state you choose or at another mutually agreed location. The arbitration shall be conducted in English and the arbitrator shall follow these Terms of Use as a court would.  The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive relief and attorneys' fees when authorized by law. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in any court of competent jurisdiction.  

In the event any party commences litigation in any state or federal court, or in any other court or location, the other party shall be entitled to payment of attorney's fees and costs in seeking to compel arbitration and such fees and costs shall be awarded by the court compelling arbitration.  In any order compelling arbitration, the court shall include an award of attorney's fees and litigation costs and expenses against the party commencing litigation and such award may be entered as a judgment and immediately enforced.

You and we each agree that all dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. 

  1. TAXES

You are solely responsible to determine any taxes that may apply to you or any Transactions you conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. 

  1. FORCE MAJEURE

You agree that we will not be liable for delays, performance failures or service interruptions which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, pandemic, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.

  1. GENERAL

These Terms of Use constitute the entire agreement between us with respect to your use of the Site and the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision or portion thereof shall be severed from the Terms of Use and the remainder of the Terms of Use shall continue in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.  All provisions of these Terms of Use which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, amounts owed to us, indemnity obligations, arbitration, class action waiver, liability limitations and general provisions, shall survive the termination or expiration of your Account or these Terms of Use.  The English version of these Terms of Use shall control, even if we provide versions of these Terms of Use in other languages.