WOWSUITE A.I. Ecommerce Software
and Conditions
Terms of Use / User’s Guidelines
Welcome to the CXwow website, a source for information about using CXwow's services.
CXwow (Global Performance Commerce Limited Inc.) operates this website. You can reach us at 501 W Broadway, Suite 1420, San Diego, California 92101 and our email is When we say "we," "us," or "our," we're referring to CXwow.
By using any part of the CXwow website, you agree to follow these User's Guidelines, which include our Privacy Policy and any other relevant documents. If you don't agree with these guidelines, you can't use the CXwow website or any of its services.
These User's Guidelines apply when you use the CXwow website on a computer, mobile phone, or any other device. They also apply when you use the CXwow website over the internet or other communication networks.
We may change these User's Guidelines at any time. It's your responsibility to check this page for updates. If you continue to use the CXwow website after we make changes, it means you accept those changes.
User’s Guidelines - Table of Contents
Proper Use of the Website
Joining and User Account Information
Access to CXwow Services
Using CXwow Services
Subscription Renewal and Termination
Subscription Upgrades and Downgrades
Payment Terms
Ownership of Service Data and Security
Non-CXwow Services and Third-Party Service Providers
CXwow Beta Testing Terms
Assignment and Agreement Terms
Export Compliance and Usage Restrictions
Relationship of the Parties
Links to Other Websites
Financial Information
Intellectual Property
Warranty Disclaimer
Limited Liability
Protecting CXwow
Keeping Information Private
Changes to the Website
Website Accessibility
Stopping Services
Laws and Solving Problems
Changes to the User’s Guidelines
Understanding the Terms
Lasting Effect
Fixing Mistakes
How to Contact Us
Section 1. Proper Use of the Website
To access and use the content on the CXwow website, you must follow these User’s Guidelines. We reserve the right to refuse our services to anyone for any reason. You cannot copy, sell, or exploit any part of the CXwow services or access them without our written permission.
You are responsible for your actions and any actions on your behalf when using the website. To use the website, you must meet these requirements:
Be at least 18 years old and capable of legally agreeing to these User’s Guidelines
Have the necessary rights and authority to agree to these guidelines, including agreeing on behalf of a third-party if needed
Provide accurate, complete, and up-to-date information, including registration, personal, and payment information
Follow all relevant laws, including data privacy laws
Ensure that all data entered into the CXwow services (Service Data) is within your right to share and does not contain any illegal, offensive, fraudulent, or obscene content
Provide us with any information we request to verify that you meet these requirements.
What Not to Do
When using the CXwow website, please make sure you do not:
Break these User’s Guidelines or any other rules provided by us for using the CXwow website.
Engage in any illegal activities, including violating privacy, defamation, spam, and copyright laws.
Interfere with or disrupt the website's operations.
Harm the website's security or try to find security weaknesses.
Manipulate or circumvent the website's features or operations.
Post false, inaccurate, or misleading information.
Use automated systems such as robots or crawlers to collect or compile website content.
Display the website or its parts within a frame or link to elements like images separately from their original pages.
Alter the design of the website's content when displaying it.
Pretend to be someone else or make false statements about your identity.
Collect, harvest, or process personal information of other users without their permission.
Harass, abuse, threaten, impersonate, or intimidate other users.
Link to the CXwow website from pages with pornographic content or content promoting racism, discrimination, or other wrongdoings.
Section 2. Joining and User Account Information
To use some of our services, you need to create an account with us. Here are some things you should know:
Fill out the registration forms with accurate and complete information. We'll let you know which information is required.
Keep your username and password private and change your password every 6 months.
You're responsible for the accuracy of the information you provide and any actions taken using your account.
We may cancel your account at any time if we think you've violated these User’s Guidelines, the law, or harmed CXwow or others.
If we cancel your account, we'll let you know by email and the cancellation will happen on the date specified in the email.
Please note that when you share information with us, it may be transferred unencrypted and may be changed to work with different networks and devices. We always encrypt your credit card information when we transfer it.
Section 2.1 Access to CXwow Services
2.1.1 Service Availability. We'll try our best to keep the CXwow Services and your Service Data accessible 24/7. However, there may be occasional downtime for planned maintenance or unexpected events. You have the right to access and use the CXwow Services for your business needs, but we keep all other rights. We'll provide standard customer support for free, and extra support is available for a fee. We may change the CXwow Services over time, but we'll give you advance notice for significant changes.
2.1.2 Sharing with Affiliates. You can share your access to the CXwow Services with your affiliates, contractors, or service providers, but you're still responsible for their compliance with these User’s Guidelines.
Section 2.2 Using CXwow Services
2.2.1 Login Management. The number of people who can access the CXwow Services depends on your Service Plan. Each Agent must have their own login, and you can't share or use one login for multiple people. You must keep your login information confidential and not use it to bypass the need for a separate login. If you use the services in a way that violates these User’s Guidelines, the Privacy Policy, or any Purchase Order, we may charge you extra fees and take other action.
2.2.2 Compliance. You're responsible for making sure everyone who uses the CXwow Services under your account follows these User’s Guidelines and complies with all laws and regulations.
2.2.3 Content and Conduct. In addition to following other rules, you agree not to:
(a) Change, hack, or try to access the CXwow Services without permission;
(b) Bypass or compromise the security of the CXwow Services or interfere with their operation;
(c) Try to discover the source code of any software used in the CXwow Services;
(d) If you're in the health insurance industry and subject to HIPAA, don't use the CXwow Services to store or transmit any "protected health information" unless we agree in writing.
Section 2.3. Subscription Renewal and Termination
2.3.1 Subscription Renewal. Unless you cancel your account or it's terminated, your CXwow Services subscription will renew automatically for a term equivalent to the length of your current subscription. You'll be charged the same amount for each renewal period as you did for the previous one.
2.3.2 Subscription Tiers. CXwow offers various options for using its services, and the prices for each are available on the CXwow website. (Note: the specific tiers would be inserted here.)
2.3.3 Termination. Either you or CXwow can end your subscription at the end of your current term, with a notice of 30 days.
2.3.4 Termination Due to Violation. If either party violates the terms of use, the other party may terminate the subscription immediately. If CXwow terminates the subscription due to your violation, you'll still be responsible for paying the remaining amount for the subscription term. However, if you terminate the subscription due to CXwow's violation, you'll be eligible for a refund of the remaining subscription amount.
2.3.5 Termination by CXwow. If CXwow believes that you or someone using your account has violated the Terms of Use, CXwow reserves the right to stop your use of the CXwow Services or any part of it, including deletion of your Service Data. CXwow may also terminate your access to the services if it discovers harmful software connected to your account. CXwow will make reasonable efforts to notify you via email before taking such action. CXwow will not be held responsible for any problems caused by the termination of services. If CXwow suspects illegal activity, it may report it to the authorities.
2.3.6 Early Termination. If you terminate your subscription before the end of your current term, you'll still be responsible for paying the remaining amount for that term. No refunds will be given for early termination.
2.3.7 Data Retention After Termination. After your subscription ends, CXwow will allow you to download your data for 30 days. However, if you violated the terms of use, CXwow may not allow you to download your data.
Section 2.4. Subscription Upgrades and Downgrades
2.4.1 Upgrading Your Subscription. If you wish to enhance your subscription or add more employees during your active subscription term, you'll have to pay an additional fee. The increased payment amount will continue for subsequent subscription terms.
2.4.2 Downgrading Your Subscription. You are unable to downgrade your subscription or remove employees during your active subscription term. If you want to make such changes, you must notify CXwow 30 days prior to the end of your subscription term. If you do downgrade your subscription, you may lose access to some of the services previously included. CXwow will not be held responsible for any losses incurred.
Section 2.5. Taxes
2.5.1 Tax Exclusions. The prices for CXwow's services do not include taxes. You are responsible for paying any applicable taxes. CXwow may charge these taxes to the credit card you have on file or collect them using the same payment method you used for your order.
Section 2.6. Payment Terms
2.6.1 Payment Terms. You're required to pay for your subscription at the start of each subscription term, unless otherwise specified in the terms of use or a Purchase Order. You must also keep your payment information up-to-date. If you don't make timely payments or update your payment information, CXwow may restrict your access to its services.
2.6.2 Payment Method. Payments for CXwow's services are processed by CXwow's partner. By providing payment information, you authorize this partner to charge your credit card or payment method for the services you use. You will receive a receipt for each payment made. If there are any issues with your payment, you can update your credit card information through the CXwow Services.
2.6.3 Payment Portal Fees. If you request the use of a payment portal that incurs fees for CXwow, you will be responsible for paying these fees to CXwow.
Section 2.7. Ownership of Service Data
2.7.1 Ownership of Data. All data processed through CXwow's services belongs to you and is referred to as "Service Data".
2.7.2 Non-Disclosure of Data. CXwow will not sell, rent, or lease your Service Data to any third party. CXwow will only share your Service Data with others as permitted by the Terms of Use and when necessary to provide, secure, and improve its services.
2.7.3 Data Security. CXwow will take necessary measures to ensure the security and confidentiality of your Service Data.
Section 2.8. Non-CXwow Services and Third-Party Service Providers
If you choose to utilize services from other companies, your use of these services will only be governed by their terms and conditions. CXwow does not endorse these services and is not responsible for them. This includes privacy and security policies, as well as the handling of data. Access to these services may be discontinued without a refund, and CXwow cannot guarantee their availability. Any claims against CXwow regarding these services are waived. CXwow is not responsible for any damage or loss that may occur as a result of your use of these services. In order to use these services, you may need to create an account with the other companies. By using these services, you allow CXwow to share your login information and data with them for ease of use.
We may use third-party service providers to help provide our services to you. These providers may have access to your account and your agents' personal data, but only to the extent necessary to provide our services. These providers must keep this information confidential and agree to follow the data transfer restrictions set forth in our terms.
Section 2.9. CXwow Beta Testing Terms
By creating an account on the CXwow Beta website, you agree to the beta testing guidelines outlined here. During the beta testing period, CXwow is providing you with beta services for free.
A "Beta Product" refers to any products, software, services, or features marked as beta versions of the CXwow Beta website and services that are provided to you during the beta testing period.
2.9.1 Beta Product License. Upon approval of your account on the CXwow website, CXwow grants you a license to use the CXwow Beta services for testing, research, and evaluation purposes only. You are not permitted to modify, disassemble, reverse-engineer, rent, lease, loan, transfer, or make copies of the Beta Product.
2.9.2 Beta Product Ownership. CXwow retains all rights to the Beta Product and its related documents, including any improvements or changes made to it. No other rights are granted to you besides those outlined in these guidelines.
2.9.3 Beta Product Confidentiality. The information about the Beta Product, including how it works and any data or information related to it, is confidential and belongs to CXwow. You can only use this information for testing and research as part of these Beta Testing Terms. You can't share this information with others. However, this rule doesn't apply to information that was already known to you, was obtained from another source without any restrictions, or became public knowledge without your involvement.
2.9.4 Beta Testing Termination. These Beta Testing Terms will end automatically when CXwow releases the final version of the Beta Product. CXwow does not guarantee that it will release a final version and can change, replace, modify, or cancel these Beta Testing Terms at any time with written notice. If these Beta Testing Terms end, CXwow won't pay you anything and you won't be able to ask for reimbursement.
2.9.5 Beta Testing Data & Feedback. By using the Beta Product, you agree that CXwow may collect information and data from you, including personal information. CXwow may use this information to improve their website and services, and share it with partners. You also agree to provide feedback to CXwow about the Beta Product and take surveys about their services. CXwow will have the right to use this feedback for their products and services.
2.9.6 Beta Testing "As-Is". The Beta Product may have mistakes and is only for testing purposes. It is given "as-is" without any guarantees, expressed or implied. CXwow specifically denies all implied guarantees of suitability for sale, non-infringement, and fitness for a specific purpose.
2.9.7 Beta Testing Responsibility. CXwow's total responsibility for any issues related to this agreement will not exceed $100. CXwow will not be responsible for any indirect, accidental, special, or consequential damages, even if they knew the possibility of these damages. These limitations will still apply even if the main remedy fails.
2.9.8 Other Terms. These Beta Testing Terms will follow the laws of ________, without considering any conflicting laws. You cannot change or transfer these Beta Testing Terms without our written permission. You must follow all export and import laws and regulations that apply to the technology and documentation we provide. This is the entire agreement between us and it cannot be changed unless we both agree in writing. If a court says any part of these Beta Testing Terms is not legal, the rest of the terms will still be in effect. The rest of the CXwow User’s Guidelines will still apply even after these Beta Testing Terms end.
Section 2.10. Assignment and Agreement Terms
2.10.1 Assignment. You cannot transfer your subscription or rights under these terms without our written consent. We may assign your subscription or transfer it to another company in the event of a merger or sale of assets. If we ask, you must sign a form to complete the transfer. These terms will still apply to you and any successors or assigns.
2.10.2 Entire Agreement. These terms are the complete agreement between you and us and replaces any previous agreements. There are no other agreements, promises, or commitments between us. These terms cannot be changed, except in writing signed by both parties.
Section 2.11. Export Compliance and Usage Restrictions
The CXwow Services and other CXwow technology may be subject to laws and regulations regarding export controls and economic sanctions of the United States and other countries. You must follow all such laws and regulations as they relate to accessing the CXwow Services and other CXwow technology. You promise that you or your agents are not on any U.S. government restricted list, and you will not allow anyone to access or use the Services in any country under U.S. embargo (such as Cuba, Iran, North Korea, Syria, or Crimea) or for any prohibited use (such as for the development of nuclear, chemical, or biological weapons, or for missile development).
Section 2.12. Relationship of the Parties
You and CXwow are independent contractors and not partners, franchisees, joint venturers, agents, fiduciaries, or employees of each other. These Terms of Use do not create any of these relationships between you and CXwow.
Section 3. Links to Other Websites
The CXwow website may have links to content on other websites or external sources that are provided by third-party companies. We do not control or monitor these websites and their content. Some of the information and content on these linked sites might not meet your requirements or you might not like it. When we link to another website, it does not mean we endorse, support, or guarantee the accuracy, credibility, authenticity, reliability, validity, integrity, or legality of the content on that site. We are not responsible for these third-party websites or their content, or for their availability.
Section 4. Financial Information
Financial information, like financial reports and the value of CXwow shares, may be available on the CXwow website. We try to make sure this information is accurate, but mistakes can happen during the process of collecting, processing, and posting it. If you want to use this information, you need to double-check it. Posting this information does not give advice or suggest any transactions or financial developments, including buying or selling CXwow securities. You are fully responsible for any decisions you make based on this financial information.
The CXwow website may have forward-looking statements about future events and projects. These statements are based on our current expectations and include risks and uncertainties. They might also depend on things that may not happen. So, what actually happens could be different from what these statements say. We may not always keep these statements up to date and we do not have any obligations related to them, except as required by law.
Section 5. Privacy
5.1. Privacy Policy
We take privacy seriously and have a Privacy Policy that outlines our accepted privacy practices on the CXwow website. This policy is incorporated into these Terms of Use.
5.2. Data Processing Agreement and Subscriber as Data Controller
If the data processed through the CXwow Service (referred to as "Service Data") constitutes personal data, both parties agree that you will be considered the Data Controller and the relevant entity at CXwow will be considered the Data Processor as defined under applicable data protection laws. Our Privacy Policy and the following paragraphs outline how we process Service Data as the Data Processor.
5.3. Processing Requirements
We guarantee that we will only process Service Data (which may include personal data) to the extent necessary to provide the CXwow Service and as agreed upon in writing between the parties. We will maintain reasonable and appropriate processes and technical measures to comply with your written requests, such as updating, amending, correcting personal data, canceling, or blocking access to personal data, and providing a written record of the processing of personal data. We will promptly delete personal data from our records after receiving written notice, and will comply with all reasonable instructions for the deletion of any remaining personal data after the completion of the CXwow Service. We will comply with applicable data protection laws and cooperate with relevant privacy authorities. Our personnel who have access to personal data will be reliable and under an appropriate confidentiality obligation. We will be responsible for any disclosure of personal data by our personnel as if we had made the disclosure ourselves.
5.4. Legitimate Interests
Despite any other provisions in these Terms of Use, you acknowledge that we have the right to use and disclose data related to the operation, support, or use of the CXwow Service for legitimate business purposes, such as billing, account management, technical support, product development, and sales and marketing, in accordance with applicable data protection laws.
5.5. Sub-processors
You acknowledge and agree that CXwow may use sub-processors who may access Service Data to provide, secure, and improve the CXwow Service. CXwow will be responsible for the actions and omissions of its personnel and sub-processors to the same extent as if CXwow were performing the services directly under these Terms of Use. The names and locations of all current sub-processors used for the processing of personal data within Service Data can be requested.
5.6. Breach Notification
Unless prohibited by applicable law, we will notify you as soon as possible but no later than 72 hours after becoming aware of any security breach of personal data. This notification will include a detailed description, likely consequences, proposed measures, contact details of our data protection officer, and any other information you may reasonably request. We will take prompt action to investigate the breach and use commercially reasonable efforts to mitigate its effects and remedy the breach. Unless required by privacy law, we will not release or publish any filing, communication, notice, press release, or report regarding the breach.
5.7. Privacy Impact Assessment
Upon your written request and at your cost, we will provide you with the information necessary to demonstrate our compliance with applicable data protection laws and cooperate with you to address privacy risks. Unless due to a security breach or required by privacy law, you may not make such a request more than once in any 24-month period.
5.8. Third-Party Disclosure Requests
Unless prohibited by applicable data protection laws, we will promptly inform you of any inquiry or complaint from a governmental regulatory or supervisory authority and provide reasonable assistance to enable you to respond and meet applicable deadlines. In the event that we
Section 6. Intellectual Property
CXwow has all the rights to use the website and services, including patents, copyrights, trademarks, trade names, trade secrets, and other intellectual property rights. You don't have any rights to use these things.
You can't copy, share, show, use commercially, modify, or make changes to the content on the CXwow website without permission from CXwow. This includes using similar names, marks, or logos as CXwow's.
CXwow cares about other people's intellectual property rights. If you think someone has used your rights or broken these guidelines, you can ask CXwow to remove the content. You can follow the copyright policy to do this. CXwow will try to reply to your complaint as soon as possible.
Section 7. Warranty Disclaimer
You understand that using the CXwow website, its services, and any related content is your own responsibility and that CXwow isn't responsible for anything that might go wrong.
CXwow provides the website, services, and content as they are, without changing them to meet your needs. CXwow doesn't guarantee anything, including that the website and services will work properly, be accurate, be up-to-date, or be free from bugs or other problems.
The information on the CXwow website is only for general purposes and might not be accurate or up-to-date. It's your responsibility to check for any changes to the website.
CXwow doesn't guarantee that the website and services will always work or be free from interruptions, errors, or harmful things like bugs. CXwow also doesn't guarantee the security or privacy of other parties. CXwow can't promise that you or anyone else will get any benefits or good results from using the services.
Section 8. Limited Liability
CXwow and its people (including officers, directors, employees, contractors, and agents) won't be held responsible for any problems that happen because of using the website, its content, or services. This includes problems like:
Damages, losses, or costs because of using the website or its content
Problems with the website or services
Mistakes made by CXwow staff
Relying on information on the website
If the law allows, the most CXwow will have to pay is the amount you paid to CXwow in the month before the problem happened.
CXwow won't be responsible for any indirect problems (like losing data or money) that happen because of using the website or these guidelines, no matter what the cause was.
Using the CXwow website, its content, and services is completely your own responsibility.
Section 9. Protecting CXwow
You promise to protect CXwow and its people (including officers, directors, employees, contractors, and agents) from any problems that happen because of you breaking these guidelines or any other rules for the website, its content, or services. If CXwow needs you to protect them, you'll do it at your own cost, as soon as you get a written notice from CXwow.
Section 10. Keeping Information Private
"Confidential Information" means information that either party shares with the other party. This information could be about their technology, business, customers, employees, or other important information. This information should be kept secret and only used for the purpose of following these guidelines.
Both parties promise to keep the other party's information secret during the time of these guidelines and after. They'll only share the information with people who need to know it and who also promise to keep it secret. They'll also protect the information from being accessed, used, or shared by others. There are some exceptions to this, like if they need to follow the law or share the information with lawyers or financial advisors.
When these guidelines end, the party that received the information must return it or delete it. They can keep a copy if they still need it to follow the rules in these guidelines, the law, or professional standards.
If you give CXwow any suggestions or feedback about their services, CXwow can use this information however they want. You agree that CXwow can learn from your use of their services and use this information to make improvements, even if it doesn't reveal your or your customer's identities.
Section 11. Changes to the Website
CXwow might change the way their website looks, its content, or the services they offer. They don't have to tell you ahead of time and these changes might cause some problems at first. CXwow isn't responsible for any issues that happen because of these changes.
Section 12. Website Accessibility
The CXwow website needs different things like software, hardware, and communication networks to work, and some of these things are provided by others. These things might have problems, and CXwow can't guarantee that the website will always be available, work without errors, or be safe from interruptions or unauthorized access.
Section 13. Stopping Services
CXwow can stop providing services on their website for a short or long time, or even forever, at any time. They'll tell you ahead of time if they do. After a reasonable amount of time, CXwow can delete all the content on their website without making a backup and without telling you again.
You understand that CXwow isn't responsible for any data that you might lose because they stopped providing services on their website.
Section 14. Laws and Solving Problems
Mandatory Mediation:
If any disputes arise from or relate to this agreement, the parties agree to resolve them through mandatory mediation before initiating any legal proceedings. The mediation shall take place in the jurisdiction where the company is located, where mediation is legally mandated. The parties agree to engage in good faith efforts to resolve the dispute through mediation. If mediation is unsuccessful in resolving the dispute, either party may initiate binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") in the same jurisdiction.
Mandatory Arbitration:
Any disputes arising from or related to this agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall take place in the jurisdiction in which the company is located, where arbitration is legally mandated. The parties agree to waive their rights to a trial by jury or to participate in a class action lawsuit. The arbitrator's decision will be final and binding on both parties. Any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree to bear their own costs, including attorney's fees, incurred in connection with the arbitration proceedings. This mandatory arbitration clause shall survive the termination of this agreement.
Section 15. Changes to the User's Guidelines
Sometimes, CXwow might change these User's Guidelines. If they do, the new User's Guidelines will replace the old ones. CXwow will tell you at least 10 days ahead of time before the changes take effect. If you keep using the CXwow Services after the changes take effect, CXwow will consider that you agree with the changes.
Just because CXwow doesn't enforce a part of these User's Guidelines at one time doesn't mean they're giving up the right to enforce it later. By using the CXwow website, you're agreeing to be bound by any changes to the User's Guidelines, including changes to any related documents, forms, and policies. If you don't agree with the changes, stop using the CXwow website.
Section 16. Understanding the Terms
The headings in these User's Guidelines are just for making it easier to read and don't have any effect on what the terms mean.
When "including" is used in these User's Guidelines, it means "not limited to" what comes before it. All examples given are just to help explain, not a complete list.
References to parties, persons, entities, or corporations include appropriate gender and number as needed.
Section 17. Severability
If any part of these User’s Guidelines is invalid, the rest of the terms will still apply. If a term is found to be illegal or unenforceable, it will be removed and replaced with a valid term that best matches the original intention.
Section 18. Lasting Effect
Even after these User’s Guidelines end or the CXwow website stops operating, the agreements on intellectual property, limited liability, and indemnification will still be in effect.
Section 19. Fixing Mistakes
We try to make sure the information on the CXwow website is accurate, but sometimes mistakes happen. If you think something we posted is wrong, please let us know by emailing us.
Section 20. How to Contact Us
If you have a concern about the CXwow website, you can send us an email and we'll respond quickly. CXwow can send you notices about these User’s Guidelines through mail, courier, or email, and if you want to send a legal notice to CXwow, it must be written in English and sent by mail, courier, or email to the specified address or email. All other notices to CXwow can be sent by email. Notices sent by email are considered received immediately, and notices sent by mail or courier are considered received within two business days.
21.1 Unforeseen Events/Force Majeure
Neither party is responsible for delays or interruptions in fulfilling obligations due to uncontrollable events (e.g., natural disasters, acts of God, war, terrorism, or labor strikes). The affected party must take reasonable steps to mitigate the impact. If the event lasts over 30 days, CXwow may terminate the subscription without liability.
21.2 Conflicts with Other Agreements
In case of conflicts between these Terms of Use and terms governing third-party providers or registry administrators, this Agreement takes precedence for rights, obligations, and remedies between you and CXwow.
21.3 No Third-Party Beneficiaries
This Agreement doesn't grant rights, interests, remedies, or benefits to anyone other than you.
21.4 No Waiver:
Failure to enforce any provision of these Terms of Use does not constitute a waiver of that provision or any other provision hereunder.