Effective date: August 12, 2019
Cryptoyote is an AI predictive analytics engine that uses artificial intelligence to predict outcomes for investing and trading decisions. Read the below terms carefully, as you must agree to them to use Cryptoyote.
2. If you have questions regarding these Terms or about Cryptoyote, please contact us by email at firstname.lastname@example.org.
II. Acceptance of Terms
3. By using or accessing the Services, you agree to these Terms. If you do not agree, do not use the Services. In addition, when using the Services, you shall be subject to any posted guidelines or rules applicable to the Services that may contain terms and conditions in addition to those in these Terms.
IV. Changes to The Terms
5. We may modify these Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the website, by providing you a notice in a manner we deem reasonable including notifications within the product’s dashboard, and through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have modified the Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, you must stop using the Services. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
6. We may terminate these Terms and your access to all or any part of the Services at any time and for any reason without prior notice or liability.
V. General Provisions
7. To be eligible to use the Services, you must be at least 18 years old. Using the Services may be prohibited or restricted in certain countries. You are responsible for complying with the laws and regulations of the territory from which you access or use the Services. You also represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. The Website is not used for the Tokens to be offered or distributed to, as well as to be resold or otherwise alienated to, citizens, natural and legal persons, those with their habitual residence, location, or their seat of incorporation (i) in AFGHANISTAN, ALBANIA, BELARUS, BOSNIA & HERZEGOVINA, BURUNDI, CAMBODIA, CANADA, CENTRAL AFRICAN REPUBLIC, COTE D'IVOIRE, CUBA, DEMOCRATIC REPUBLIC OF THE CONGO, ETHIOPIA, GHANA, GUINEA, GUINEA BISSAU, IRAN, IRAQ, KOSOVO, KYRGYZSTAN, LAOS, LEBANON, LIBERIA, LIBYA, MAINLAND CHINA, MALAWI, MALAYSIA, MALI, MOZAMBIQUE, MYANMAR (BURMA), NEW ZEALAND, NORTH KOREA, PAKISTAN, REPUBLIC OF MACEDONIA (FYROM), SERBIA, SOMALIA, SOUTH SUDAN, SRI LANKA, SUDAN, SYRIA, TANZANIA, THAILAND, TIMOR-LESTE (EAST TIMOR), TRINIDAD & TOBAGO, TUNISIA, TURKMENISTAN, UGANDA, UNITED STATES OF AMERICA (USA), PUERTO RICO, US VIRGIN ISLANDS AND OTHER US DEPENDENT TERRITORIES, UZBEKISTAN, VENEZUELA, YEMEN, ZIMBABWE, or (ii) in the country or territory where transactions with digital tokens are prohibited or in any manner restricted by applicable laws or regulations. If such restricted person purchases the Tokens, such restricted person has done so on an unlawful, unauthorized, and fraudulent basis and in this regard shall bear negative consequences.
9. If you decide to use our Services, you will be prompted to create an account. You are solely responsible for the confidentiality of your account, as well as for its use and misuse. You will promptly inform us of any need to deactivate your account. We reserve the right to delete your account at any time and for any reason.
10. We reserve the right at any time to modify or discontinue any part of the Services, including the website, chatbots or mobile applications (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance. We also reserve the right at any time at our sole discretion to block users from certain IP addresses.
11. While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission becomes the property of Cryptoyote, without any compensation to you.
12. The Services may contain links to third party services that are not owned or controlled by Cryptoyote. Cryptoyote has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services. In addition, Cryptoyote will not and cannot censor or edit the content of any third-party service. You expressly release Cryptoyote from any and all liability both known and unknown arising from your use of any third-party service.
13. This Section describes individual services provided by Cryptoyote and sets forth specific rules, if any, which shall prevail in the event of any conflicts with other provisions of these Terms.
14. We are not obligated to maintain or support any of the Services, to provide all or any specific content through any of the Services, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time at our sole discretion issue updates or upgrades to any of the Services, disable access for any period of time or permanently, and automatically update or upgrade the version of any of the Services that you are using on your device. You consent to such automatic updating or upgrading on your device, and agree that these Terms will apply to all such updates or upgrades, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
15. Cryptoyote Bot is a chatbot application that provides statistics, customer wallet information, analytics, data, and indicators based on forecasts made by an Artificial Intelligence developed by Cryptoyote. Please access Cryptoyote Bot for more details on its services and functionality.
16. All information provided to you through Cryptoyote Bot is the sole property of Cryptoyote and is provided to you for your sole individual use. No part of such information may be reproduced, distributed, transmitted, or otherwise made available without our prior consent. Any unauthorized disclosure is strictly prohibited. Cryptoyote reserves its right to claim damages from you, including any loss of profits, for your unauthorized use of such information.
17. More information about Cryptoyote Bot and pricing is available at: https://cryptoyote.com/signal. Access to Cryptoyote Bot is granted via Telegram Messenger to all registered members.
Cryptoyote AI signals
18. Cryptoyote AI signals is an analytical product that provides predictions about cryptocurrencies on chosen exchanges. Access to this product is limited and by official web site only.
19. Cryptoyote AI signals is an exclusive intellectual property of Cryptoyote. You will only be given a limited, non-exclusive, non-transferable, non-sublicensable, fee-based license to access and view Cryptoyote for your own internal purposes. No part of Cryptoyote AI signals may be reproduced, distributed, transmitted, or otherwise made available without our prior consent. Any unauthorized disclosure is strictly prohibited. Cryptoyote reserves its right to claim damages from you, including any loss of profits, for your unauthorized use of Cryptoyote AI signals.
20. Cryptoyote AI signals is a subscription-based product. After registration, you will be asked to activate your account with CYOT tokens and active minimum balance on your exchange account. Provided you have a sufficient amount of CYOT tokens in your account, you will have access to Cryptoyote AI signals subject to the terms of your plan. If you do not have a sufficient amount of CYOT tokens, you will receive a notice asking you to top up your account. If you decide to change or cancel your plan, any changes will become effective starting from the next subscription period.
21. Cryptoyote AI signal predictions and results will be delivered to you through a special chatbot and web-site as regularly as applicable under your plan.
22. Cryptoyote AI signals and any opinion expressed therein (i) do not constitute an offer or an invitation to make an offer to buy or sell any securities or financial instrument or derivative relating thereto, (ii) are not intended to provide personal recommendation or investment advice and do not take into account the specific investment objectives, financial situation or particular needs of any specific person, (iii) do not give a research recommendation and/or price target, and (iv) do not constitute legal advice.
23 More information about Cryptoyote AI signals and pricing is available at: https://cryptoyote.com/signal.
24. From time to time, we may conduct various bounty programs to stimulate the use of our Services. Such bounties will always be subject to our General Contest Rules, and each individual contest may be additionally subject to special rules applicable to that contest.
VII. User Guidelines
25. By accessing and using the Services, you hereby agree that:
a. You will not use the Services for any unlawful purpose;
b. You will not upload, post, e-mail, transmit, or otherwise make available any content that: (i) infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or (ii) is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity); or (iii) discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
c. You will not “stalk” or otherwise harass another person;
d. You will not spam or use the Services to engage in any commercial activities;
e. You will not access or use the Services to collect any market research for a competing business;
f. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
g. You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
h. You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Services for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
i. You will not take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
j. You will notify us about inappropriate content of which you become aware.
26. We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice, and to remove any content that does not adhere to these user guidelines.
VIII. Intellectual Property
27. All elements of the Services, including underlying the website, web and mobile applications, software, look and feel, and other components (“Cryptoyote IP”), to the full extent protectable by law, are either proprietary to Cryptoyote or proprietary to our licensors. “Cryptoyote” and other slogans, service marks, and names that are used to identify the Services or the source of the Services, are proprietary to Cryptoyote. You shall not remove or alter any proprietary or restrictive notice or legend affixed to any material provided as part of the Services or otherwise provided by Cryptoyote. Except as expressly set forth in these Terms, no license, assignment, or other grant of rights in any Cryptoyote IP, trademarks, copyrights, or any other intellectual property is granted to you and no such grant will result from your accessing or using the Services. All rights in the Services not granted under the Terms are reserved by Cryptoyote.
28. We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998. If you see any material within our Services that in your good faith belief may infringe on someone's copyright, you may notify us by emailing us at email@example.com with “Copyright” in the subject line.
IX. Warranties and Disclaimers
29. CRYPTOYOTE IS NOT RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION WITHIN THE SERVICES, INCLUDING, WITHOUT LIMITATION, CRYPTOYOTE BOT, CRYPTOYOTE AI SIGNALS, REFERRAL PROGRAM. ANY USE OF THE SERVICES’ MATERIALS IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, INCLUDING BUT NOT LIMITED TO LOSS OF DATA.
30. NO INFORMATION AND/OR DATA ANALYTICS OBTAINED BY VIRTUE OF YOUR USE OF THE SERVICES IS INTENDED TO CONSTITUTE INVESTMENT ADVICE. CRYPTOYOTE FORECASTERS MAY OR MAY NOT BE REGISTERED BROKERS, DEALERS OR INVESTMENT ADVISORS. THE INFORMATION PROVIDED ON THE WEBSITE AND CHATBOTS SHOULD BE USED ONLY AS AN INFORMATIONAL TOOL IN DETERMINING YOUR OWN INVESTMENT ACTIVITIES.
31. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITH IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THIS SITE, IS PROVIDED ON AN ” AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF BUSINESS.
32. CRYPTOYOTE DOES NOT PROVIDE INVESTMENT ADVICE. CRYPTOYOTE IS NOT A REGISTERED BROKER, INVESTMENT ADVISOR, INVESTMENT FUND OR BROKER-DEALER.
33. THE MONEY THAT YOU MAY EARN THROUGH THE CRYPTOYOTE PLATFORM MAY BE SUBJECT TO TAXES, AND YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR SEEKING PROFESSIONAL TAX ASSISTANCE AND PAYING ANY APPLICABLE TAXES ON SUCH AMOUNTS.
34. THE CRYPTOYOTE PLATFORM IS NOT A GAME OF CHANCE, AND USERS CANNOT INCUR ANY MONETARY LOSSES BY USING OUR SERVICES.
35. CRYPTOYOTE IS NOT AN INVESTMENT FUND THAT EXECUTES TRADES USING MONEY PROVIDED BY THIRD PARTIES. USERS OF THE CRYPTOYOTE PLATFORM ARE NOT INVESTORS IN CRYPTOYOTE, AND ENGAGE PURELY IN FORECASTING AND PREDICTION WITHOUT THE NECESSITY OF PROVIDING ACTUAL INVESTMENTS TO CRYPTOYOTE.
X. Limitation of Liability; Release
36. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CRYPTOYOTE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICES, THE CRYPTOYOTE PLATFORM, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF CRYPTOYOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, THE CRYPTOYOTE PLATFORM, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE FOR LOSS OF DATA RESULTING THEREFROM.
37. CRYPTOYOTE DOES NOT WARRANT THAT YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCESS TO AND USE OF THIS SITE AND THE INFORMATION IS AT YOUR RISK AND CRYPTOYOTE DOES NOT UNDERTAKE ANY ACCOUNTABILITY FOR ANY IRREGULARITIES, VIRUSES OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM ACCESSING, AVAILING OR DOWNLOADING OF ANY INFORMATION FROM THIS SITE. CRYPTOYOTE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT AND/OR SERVICE PURCHASED IN TERMS OF ITS COMPATIBILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
38. YOU AGREE THAT CRYPTOYOTE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONSULTANTS OR OTHER REPRESENTATIVES (‘SERVICE PROVIDERS’) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY WITH THE USE OF THE SITE OR IN RELIANCE OF THE INFORMATION AVAILABLE ON THE SITE, SITE-RELATED SERVICES, OR ANY PRODUCTS OR SERVICES OFFERED OR SOLD OR DISPLAYED ON THE CRYPTOYOTE SITE.
39. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF CRYPTOYOTE AND ITS SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE PRODUCTS OR SERVICES THAT YOU HAVE ORDERED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF BUSINESS.
40. PRICE AND AVAILABILITY OF PRODUCTS AND SERVICES OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
41. CRYPTOCURRENCIES, WHICH ARE GENERALLY UNREGULATED IN THEMSELVES, ARE HIGH-RISK, SPECULATIVE INVESTMENTS. ANY INVESTMENT IN CRYPTOCURRENCIES AND/OR THEIR TRADING CARRIES THE RISK OF LOSS OF SOME OR ALL OF THE MONIES INVESTED. THE VALUE OF CRYPTOCURRENCIES IS EXTREMELY VOLATILE. THEY ARE VULNERABLE TO SHARP CHANGES IN PRICE DUE TO UNEXPECTED EVENTS OR CHANGES IN MARKET SENTIMENT. YOU SHOULD ONLY INVEST IN CRYPTOCURRENCY IF YOU CONSIDER THAT YOU HAVE THE KNOWLEDGE AND EXPERIENCE OF, AND FULLY UNDERSTAND THE RISKS ASSOCIATED WITH, CRYPTOCURRENCIES.
42. CUSTOMERS OF CRYPTOYOTE AND IT'S SERVICES SUCH AS AN AUTO-TRADING BOT SHOULD ACKNOWLEDGE THAT THERE MAY BE LOST ON THEIR TRADING BALANCE. OUR SERVICES ARE DESIGNED TO BRING PROFIT TO OUR CUSTOMERS AND, IN ANY CASE, WE TRY TO AVOID DIRECT LOSSES ON THE TRADING ACCOUNTS OF OUR CUSTOMERS. BUT THE CLIENT SHOULD UNDERSTAND THAT DAMAGES IN THE CRYPTOCURRENCY MARKET ARE POSSIBLE AND THE CRYPTOYOTE IS NOT RESPONSIBLE FOR THIS ACTIONS.
43. THE SERVICES AND ALL CONTENT, FUNCTIONS, AND MATERIALS MADE AVAILABLE TO YOU ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CRYPTOYOTE NOR ITS AFFILIATES, SUBSIDIARIES, NOR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “CRYPTOYOTE PARTIES”) WARRANT THAT ANY OF THE FOREGOING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE CRYPTOYOTE PARTIES SHALL BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION.
45. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF CRYPTOYOTE FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A CRYPTOYOTE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A CRYPTOYOTE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
XI. Dispute Resolution
46. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof), the Services, including, without limitation, the Cryptoyote Platform or the Website, shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
47. By accessing or using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
48. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in New York, State of New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
49. refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are cancelled mid-month. In such a case, you will continue to have access to your subscription until the end of the tokens on your balance. Cryptoyote reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each situation is unique and election to make such an offer in one instance does not create the obligation to do so in another.
50. Nothing in these Terms shall be construed to create a partnership, joint venture or agency relationship between you and us.
51. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. We may assign these Terms or any rights contained in the Terms, or delegate any obligations contained in the Terms in our sole discretion. Any purported assignment which is inconsistent with the foregoing shall be null and void.
52. These Terms, their interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by the laws of the state of New York without regard to its conflict-of-laws principles.
53. Any dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of New York, and the United States, respectively, sitting in the State of New York.
54. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
55. In the event any provision of these Terms shall for any reason be held to be invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect.
56. These Terms contain the entire understanding of the parties and cannot be amended except by a writing signed by both parties.