(Updated 7th Oct 2023)
These Terms of Service (referred to as "Terms") establish a legally
binding agreement between Stvble Global ("we" or "us") and you, or the
legal entity you represent ("you" or "your"). These Terms pertain to
your use of Our Services, encompassing, but not limited to Stvble Global
Remit and Stvble Global FX, and ancillary services accessible on the
Site
https://stvbleglobal.com ("the Site"). By accessing,
using, or endorsing any Services, declarations, notifications, or pop-ups
disseminated by Stvble Global or its affiliates through the website or any
related services offered by Stvble Global or its affiliates (collectively,
the 'Services'), you affirm that you have meticulously read, comprehended,
and embraced all the terms and conditions outlined in this Terms of Service,
referred to herein as 'the or these Terms' or 'Agreement,' in conjunction
with our Privacy Policy. These Terms are pertinent to all individuals, users,
and any other parties who access or use the Services. By continuing to access
this website and any other of the Services contemplated here, you acknowledge
and warrant that you are aware of the following:
- Stvble Global Limited operates as a payment services provider,
specializing in Cross Borders Money Transfer and FX services. We are
currently in the process of obtaining regulatory approvals,
including Money Services Operator (MSO) licensing from the Hong Kong
Customs and Excise Department and authorization as a payment
institution from the Central Bank of Cyprus
- Stvble Global Platform:
This term encompasses https://stvbleglobal.com, web
or mobile applications, applets, platforms, portals, and any other
IT applications developed or to be developed in the future by Stvble
Global. These applications are accessible to users online.
- Stvble Global:
Stvble Global refers to any of the group of companies, including present
or future parent and subsidiary corporations or other business entities
under its umbrella. Stvble Global either owns, holds licenses for, operates,
or provides various Services on the Stvble Global Platform. Throughout
these Terms, "we," "our," or "us" refers to Stvble Global.
- Services:
Services represent the diverse range of offerings provided to users by
Stvble Global companies through the Stvble Global Platform. The specific
service provider will be identified in the relevant legal agreements
and terms and conditions governing the chosen service. Some of these
Services may necessitate special licenses, registrations, or permissions,
which are typically held by specific Stvble Global companies.
- Licensing Information:
As of the current date, the following Stvble Global companies are in
the process of obtaining regulatory approvals and specified licenses:
- Stvble Global Limited (Hong Kong),
headquartered in Hong Kong, is currently in the process of
obtaining a Money Services Operator (MSO) license from the
Hong Kong Customs and Excise Department. The issuance of
this MSO license will grant the company the authority to
provide payment services in the capacity of a Money Service
Operator, ensuring full compliance with regulatory
requirements and legal standards in the provision of these
financial services.
- Stvble Global Limited (Cyprus), a
Cyprus-based company, is currently in the process of seeking
regulatory approvals, specifically authorization as a
payment institution from the Central Bank of Cyprus. Once
granted, this payment license will bestow upon the company
the necessary authority to offer payment services in the
capacity of a payment institution, ensuring full compliance
with regulatory requirements and legal standards for the
provision of these financial services.
- Users:
The term "Users" refers exclusively to legal entities. Stvble Global
primarily offers its services to corporate clients, encompassing those
entities that access, download, or utilize the Stvble Global Platform
or Services. If there are pre-existing agreements for different entities,
such as vendors, market makers, or others, these specific agreements
will take precedence.
Supplementary Terms:
Due to the rapid development of Stvble Global Platform and/or Services,
these Terms do not enumerate or cover all rights and obligations
applicable to you or Stvble Global, and, thus, do not guarantee full
alignment with needs arising from future development. Therefore, all
other agreements entered into separately between you and Stvble Global
are deemed supplementary terms that are an integral part of these Terms
and shall have the same legal effect. Your use of Stvble Global Platform
and/or Services is deemed your acceptance of the above-mentioned clause.
Amendments to Terms:
Stvble Global reserves the right, at our sole discretion, to modify any
part of these Terms at any time. We will publish the updated version
with a revised revision date, and your continued use of Stvble Global's
services constitutes acceptance of the amended Terms and Conditions.
Stvble Global encourages you to regularly review the Terms to maintain a
clear understanding of the terms and conditions governing your access to
and utilization of the Services, including the Privacy Policy, which is
incorporated into these Terms. If you do not agree with any such
changes, your only recourse is to discontinue your use of Stvble Global.
We shall not be held liable to you or any third party for any losses
incurred as a result of any modifications or amendments to these Terms.
Personal Data:
Your personal data will be treated with the utmost care, properly
protected, and maintained in confidence. You acknowledge that Stvble
Global has the right to collect, process, use, or disclose your personal
data in accordance with the Terms (including the Cookie Policy and
Privacy Policy), any additional legal agreements, or terms and
conditions agreed between you and Stvble Global, or as required by
applicable laws. Depending on the Stvble Global Platform and/or Stvble
Global Services concerned, your personal data may be disclosed to the
following third parties:
- Your transaction counterparty and any intermediaries involved in
carrying out the transaction;
- Any Stvble Global’s companies, shareholders, partners, investors,
directors, supervisors, senior managers, and employees of Stvble
Global;
- Stvble Global's agents, contractors, suppliers, third-party service
providers, and professional advisers engaged in the provision of
Stvble Global Services or in connection with Stvble Global Platform.
This may include parties contracted to provide audit,
administrative, financial, research, operations, IT, and other
services in areas such as telecommunications, information
technology, payroll, information processing, training, legal,
storage, archival, or any other services;
- Relevant government regulatory agencies or law enforcement agencies
to comply with laws or regulations established by government
authorities;
- Assignees of our rights and obligations;
- Banks, credit card companies, payment service providers, and their
respective service providers;
- Individuals or entities with whom your consent has been determined
by you or as specified in the applicable contract
We are committed to safeguarding your data privacy and adhere to strict
compliance with applicable data protection laws and regulations. For a
comprehensive understanding of how we manage your personal data, please
consult our Privacy Policy.
Stvble Global exclusively engages in FX and payment activities with
pre-approved counterparties, conducted on a proprietary basis. When you
contact Stvble Global, whether directly or through this website and its
associated Services, or when you express your intention to become an
approved counterparty with Stvble Global, you are expressing your
interest in establishing a counterparty trading relationship with Stvble
Global. This relationship is specifically for the purpose of engaging in
FX and payment activities in your capacity as a principal and on a
proprietary basis. You undertake this action at your own discretion and
assume all associated risks. You also acknowledge and confirm your
understanding that your communications with Stvble Global and/or the
initiation of the onboarding process on this website do not imply or
indicate that you are an approved counterparty of Stvble Global or that
any other form of relationship, trading or otherwise, with the Company
exists. Your approval as a counterparty with Stvble Global is contingent
upon the successful completion of all relevant Anti-Money
Laundering/Know Your Customer (AML/KYC) checks and processing. You
acknowledge that Stvble Global is not obligated to approve your
application to become an approved counterparty or to establish any
trading relationship with Stvble Global. All approvals are solely at the
discretion of Stvble Global, and no explanations or justifications are
required in the event of an unsuccessful application. Furthermore,
Stvble Global reserves the right to deny you any aspect of the Services
that it deems, in its sole and absolute discretion, to be incompatible
with your investor profile. This website and the Services offered herein
are intended for and made available exclusively to individuals and
entities in jurisdictions where FX and payment activities are not
legally prohibited.
You are solely responsible for ensuring your compliance with all
relevant laws and regulations applicable to your use of our services. We
do not assume any obligation to notify you of potential legal
liabilities or violations arising from your use of our services, and we
disclaim any liability for your failure to adhere to applicable laws and
regulations.
By accessing and using the Stvble Global Platform and/or Stvble Global
Services, you hereby represent and warrant that you are not listed on
any trade embargoes or economic sanctions list, including but not
limited to the lists maintained by the Office of Foreign Assets Control
of the U.S. Department of the Treasury (the “OFAC”), or the denied
persons or entity list of the U.S. Department of Commerce, and you are
not subject to any sanctions lists issued by the UK, EU, or UN. In the
event that you are subjected to any such sanctions, Stvble Global
reserves the right to suspend its obligations under these Terms and/or
any additional agreements or terms and conditions governing Stvble
Global Services, and shall not be liable for any failure to perform
resulting from such sanctions. Stvble Global retains the discretion to
restrict or deny access to the Stvble Global Platform and/or Stvble
Global Services in certain countries or regions as it deems necessary.
In conjunction with your use of Our Services, you are strictly
prohibited from:
- Violating or assisting any party in violating any law, statute,
ordinance, regulation, or rules established by any self-regulatory
or similar organization to which you belong or are required to
belong by using Our Services.
- Providing false, inaccurate, incomplete, or misleading information.
- Infringing upon the copyright, patent, trademark, or intellectual
property rights of Stvble Global or any third party.
- Engaging in illegal activities, including but not limited to illegal
gambling, money laundering, fraud, blackmail, extortion, data
ransom, financing terrorism, other violent activities, or any
prohibited market practices.
- Distributing unsolicited or unauthorized advertising, promotional
materials, written media releases, public announcements, public
disclosures, junk mail, spam, or chain letters.
- Taking any action that unreasonably or disproportionately burdens
our infrastructure or negatively impacts, intercepts, or
misappropriates any system, data, or information.
- Transmitting or uploading any material to Stvble Global that
contains viruses, Trojan horses, worms, or any other harmful or
deleterious programs.
- Transferring any rights granted to you under these Terms.
- Engaging in any other activity that, in our reasonable judgment,
constitutes or may constitute market abuse. This includes fictitious
transactions, wash trades, front-running, or any disorderly market
conduct.
- Engaging in any behaviour that is illegal, violates these Terms, or
is otherwise deemed unacceptable by Stvble Global in its sole
discretion.
When using features to upload or interact with content on Stvble Global
Platform and/or Stvble Global Services, adhere to these Terms.
- Compliance and Ownership
Confirm that your contributions comply with our standards
outlined in these Terms. You are responsible for indemnifying us
for any breach, including losses or damages incurred. While you
retain ownership of your content, you grant us permission to
use, store, and copy it.
- Identity Disclosure and Moderation
We may disclose your identity to third parties claiming rights
violations due to your posted content. Additionally, we reserve
the right to remove non-compliant posts based on our content
standards.
- Data Protection and Security
You are solely responsible for safeguarding and backing up the
content you provide. Ensure your computer systems are protected
from viruses and harmful material, as we disclaim liability for
associated loss or damage.
- Content Restrictions
Ensure the uploaded content does not include:
- Defamatory statements
- Obscenity, hate, or offensive material
- Promotion of illegal activities or violence
- Discrimination
- Violations of third-party legal obligations
- Threats, abuse, invasions of privacy
- Harassment
- Impersonation or misrepresentation
- Promotion of unlawful acts
When utilizing features for content upload or interaction on Stvble
Global Platform and/or Stvble Global Services, strict adherence to our
Terms is required. You must ensure that your contributions align with
the prescribed standards, and in case of a breach, you are accountable
for any resulting losses or damages. While you retain ownership of your
content, you grant us permission for its use.
We maintain the right to disclose your identity if your content
infringes upon others' rights or legal regulations, and we may remove
non-compliant posts. It's important to note that we do not assume
responsibility for viruses, and you are responsible for safeguarding
your equipment against them. Any attempts at misuse, unauthorized
access, or disruptive actions are strictly prohibited and will be
reported to relevant authorities. Violation of these prohibitions will
lead to the immediate termination of your access to Stvble Global
Platform and/or Stvble Global Services."
- You are responsible for safeguarding your login details used to
access Stvble Global Platform. If you receive or choose a user
identification code, password, or any other piece of information,
tool, software, or device as part of our security procedures, you
must treat this information as confidential and use it in accordance
with any instructions provided by us. Do not disclose your login
details to any third party.
- We retain the right to disable any user identification code or
password, whether chosen by you or assigned by us, at any time if,
in our reasonable judgment, you have failed to comply with any of
the provisions outlined in these Terms or if we become aware that
your login credentials may have been compromised.
- If you have reason to believe or suspect that someone other than you
is aware of any of your login credentials, you must promptly notify
us via the email provided in these Terms.
We do not provide any implied conditions, warranties, representations,
or other terms for Stvble Global, Stvble Global Platform, and/or Stvble
Global Services. All our offerings are provided "as is" to the fullest
extent permitted by applicable law. We disclaim all other warranties,
including but not limited to merchantability, fitness for a particular
purpose, and usage in trade. We do not guarantee the accuracy,
completeness, reliability, or freedom from errors or viruses in Stvble
Global Platform and/or Stvble Global Services. Additionally, we reserve
the right to change, suspend, or terminate the operation of any part of
Stvble Global Platform or Stvble Global Service.
- In no event shall Stvble Global and/or Stvble Global's affiliates,
officers, directors, attorneys, employees, agents, or suppliers be
liable for any direct, indirect, punitive, incidental, special, or
consequential damages, or any damages whatsoever, including, but not
limited to:
- Stvble Global will not be liable to you for any loss or
damage, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, even if foreseeable,
arising under or in connection with:
- the use of, or inability to use Stvble Global
Platform and/or Stvble Global Services; or
- the use of or reliance on any content displayed on
Stvble Global Platform.
- More specifically, Stvble Global will not be liable for any:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill, or
reputation; or
- any indirect or consequential loss or damage.
- Stvble Global is not responsible for websites linked to Stvble
Global Platform. In particular, if Stvble Global Platform contains
links to other sites and resources provided by third parties, these
links are for your information only. Such links should not be
interpreted as our endorsement of those linked websites or the
information you may obtain from them. We have no control over the
content of those sites or resources.
- If you are dissatisfied with any part of Stvble Global Platform or
Stvble Global Services, or with any provisions of these Terms, your
sole and exclusive remedy is to discontinue using Stvble Global
Platform and/or Stvble Global Service.
You agree to indemnify and hold harmless Stvble Global, its affiliates,
contractors, licensors, and their respective directors, officers,
employees, and agents against any claims, actions, proceedings,
investigations, demands, suits, costs, expenses, and damages, including
attorneys’ fees, fines, or penalties imposed by any regulatory
authority. This indemnification applies to claims arising from your use
of the Services, your violation of these Terms, or your infringement of
any applicable law, regulation, or the rights of any third party during
your use of the Service. Stvble Global has the sole discretion to
control any legal action or proceeding and to determine whether to
settle and the terms of such settlement.
- Stvble Global is the exclusive owner or licensor of all intellectual
property rights pertaining to Stvble Global Platform and the
materials published therein. These rights are safeguarded by
copyright laws and international treaties, and they are strictly
reserved.
- You are expressly prohibited from utilizing these intellectual
property rights without our explicit consent, except when utilizing
the material directly for the intended purposes of Stvble Global
Platform and/or Stvble Global Services, or as specifically
authorized in writing by Stvble Global.
- You are required to refrain from making any modifications to
physical or digital copies of materials that you have printed or
downloaded. Furthermore, the use of illustrations, photographs,
videos, audio sequences, or graphics separately from their
accompanying text is strictly prohibited.
- Any commercial utilization of any part of the content hosted on
Stvble Global Platform necessitates the acquisition of a valid
license.
- In the event that you print, copy, or download any portion of Stvble
Global Platform in contravention of these Terms, your right to
access and use Stvble Global Platform will be promptly revoked, and
you must, as determined by our discretion, either return or expunge
any copies of the materials that you have generated.
Stvble Global exclusively functions as a payment service provider and
does not undertake the roles of a broker, intermediary, agent, or
financial advisor. Consequently, Stvble Global assumes no fiduciary
obligations or responsibilities regarding any transactions conducted
through our Services. It is crucial to comprehend that any communication
or information disseminated by Stvble Global, including marketing
materials, promotional content, or social media communications, should
not be interpreted as investment advice, financial guidance, trading
recommendations, or any form of advisory service. There exists no
fiduciary relationship or obligation between you and Stvble Global
concerning any transactions, decisions, or activities executed via
Stvble Global Services. Stvble Global shall not be held liable for any
decisions made by you in connection with Stvble Global Services.
When registering for a Stvble Global account, you must provide essential
personal information for identity verification. This information is
vital to detect and prevent financial crimes like money laundering,
fraud, and terrorist financing. We handle, use, and share this data in
line with our Privacy Policy.
You grant us permission to retain your information for your account's
duration plus an additional five (05) years after closure to comply with
global data retention standards. We may conduct identity verification
checks through third parties to safeguard against financial crimes.
These checks may include details such as Name, Email Address, Contact
Information, Government Issued ID, and more. You are responsible for
ensuring the accuracy of this information and promptly updating it if
changes occur. Failure to do so may result in account termination. By
creating a Stvble Global Account, you consent to these verification
procedures and any necessary actions to prevent fraud or financial
crimes, including disclosing your data to relevant agencies.
You hereby acknowledge and consent to Stvble Global's authority to
immediately suspend your account (including any accounts owned by
related entities or affiliates), freeze or lock the assets held in all
such accounts, and revoke your access to Stvble Global. Such actions may
be taken for various reasons, including if Stvble Global has reasonable
grounds to suspect that these accounts are in violation of these Terms,
our Privacy Policy, or any applicable laws and regulations. You
understand and agree that Stvble Global's aforementioned rights remain
in effect even after the termination of any trading agreement or
association between you and Stvble Global.
Furthermore, you agree that Stvble Global will not be held liable for
any losses you may incur as a result of the permanent or temporary
modification, suspension, or termination of your Stvble Global Account
or access to any part of Stvble Global Services. Stvble Global reserves
the right to retain and utilize transaction data and other information
linked to these accounts. The account controls mentioned above may also
be enacted in the following situations:
- When required by applicable law, regulation, court order, or any
governing authority in any jurisdiction, according to Stvble
Global's reasonable judgment.
- When deemed necessary by Stvble Global to protect its reputation.
- When there is reasonable suspicion of a breach of this Agreement.
- When unusual activity is detected within the account.
- When unauthorized access to the account is detected.
- When concerns arise about the accuracy of a transaction or the
security of your Stvble Global Account, or if fraudulent or
unauthorized usage of Stvble Global Services is suspected.
- When there are suspicions of money laundering, terrorist financing,
fraud, or other financial crimes.
- When your Stvble Global Account is subject to pending litigation,
investigation, or government proceedings, or when there is a
perceived heightened risk of legal or regulatory non-compliance
related to your Stvble Global Account activity.
- When you take actions that may circumvent our controls, such as
opening multiple Stvble Global Accounts or abusing promotions
offered by us from time to time.
- When a court order or directive from a regulatory or government
authority necessitates such actions.
In the event of any of the above circumstances, Stvble Global retains
the right to terminate your Stvble Global Account and your approved
counterparty status, as well as permanently freeze (cancel) your account
and approval status. Termination of Services by Stvble Global may occur
in the following circumstances:
- If Stvble Global terminates Services to you.
- If the information provided by you is untruthful, inaccurate,
outdated, or incomplete.
- When these Terms are amended, and you expressly state your
unwillingness to accept the amended Terms.
- If you request the termination of Services.
- In any other circumstances where Stvble Global deems it necessary to
terminate the services.
Should your Account be terminated, the Account and transactional
information required for meeting data retention standards will be
securely stored for at least 5 years. If Stvble Global places an
administrative hold on some or all of your funds or Account, Stvble
Global may continue such hold until the dispute is resolved, and
evidence of resolution acceptable to Stvble Global is provided in a form
deemed acceptable by Stvble Global. Stvble Global will not be involved
in the dispute or its resolution, and you agree that Stvble Global will
have no liability or responsibility for any such hold or for your
inability to withdraw funds or execute orders during the period of the
hold.
If we refuse to complete a transaction, suspend, restrict, or close your
Stvble Global Account, or terminate your use of Stvble Global Services,
we will provide you with notice of our actions and the reasons for
refusal, suspension, or closure, unless it would be unlawful to do so.
We will also provide you with a procedure for correcting any factual
errors that led to the refusal, suspension, or closure. Once the reasons
for refusal and/or suspension no longer exist, we will lift the
suspension or complete the transaction as soon as reasonably
practicable. However, we are not obligated to allow you to reinstate a
transaction at the same price or on the same terms as the suspended,
reversed, or cancelled transaction.
You acknowledge that our decision to take certain actions, including
limiting access to, suspending, or closing your Stvble Global Account,
may be based on confidential criteria essential for the purposes of our
risk management and security protocols. You agree that we are under no
obligation to disclose the details of our risk management and security
procedures to you.
You further agree that Stvble Global will not be held responsible, and
you will have no claim against Stvble Global, for any losses, actions,
or claims of any kind or nature arising as a result of any steps, acts,
inaction, or omission taken in accordance with this provision.
You acknowledge that we may process personal data related to you (if you
are an individual) and personal data that you have provided or will
provide to us in connection with this Agreement or the Stvble Global
Services, including personal data concerning your employees and other
associated individuals (if you are not an individual). We will handle
this personal data in accordance with our Privacy Policy. Consequently,
you confirm and warrant that:
- When disclosing personal data concerning individuals other than
yourself, you have complied or will comply with all relevant data
protection and data privacy laws. Additionally, the data you provide
is accurate, current, and pertinent at the time of disclosure.
- Before sharing any such personal data with us, you have read and
comprehended our Privacy Policy, which is accessible here:
https://stvbleglobal.com/privacy-policy and, in the case of personal data related to individuals other than
yourself, you have either provided them with a copy of the Privacy Policy
or directed them to a webpage containing the Privacy Policy (as may be
updated from time to time).
- If we issue you with an updated version of the Privacy Policy at any
point, you will promptly review that notice and provide updated
copies of the Privacy Policy to any individuals whose personal data
you have shared with us, or direct them to a webpage containing the
updated Privacy Policy.
Stvble Global shall not be held liable for any failure or delay in
performance resulting from extraordinary and unforeseeable circumstances
beyond our control, including but not limited to governmental actions,
acts of terrorism, natural disasters (such as earthquakes, fires,
floods, or typhoons), wars, hacker attacks, computer virus intrusions,
regulatory changes that render these Terms unlawful, acts of God, labour
disruptions, delays or failures arising from issues with third-party
systems or networks, mechanical breakdowns, data processing failures, or
obligations imposed by other applicable laws or regulations. Such
events, commonly referred to as "force majeure," may render the
fulfilment of our obligations impossible despite our best efforts.
Stvble Global will not be responsible for any resulting losses or
damages, and we will endeavour to resume normal operations once these
exceptional circumstances cease to affect our services.
It is incumbent upon you to ascertain whether any taxes are applicable
to your activities on Stvble Global, and you are responsible for
gathering, reporting, and remitting the accurate taxes to the relevant
tax authority. Stvble Global bears no responsibility for determining the
tax implications of your transactions, nor for collecting, reporting, or
remitting any taxes arising from said transactions.
These Terms, their subject matter, and their formation (including any
non-contractual disputes or claims) shall be governed by and construed
in accordance with the laws of Hong Kong, without regard to its conflict
of law provisions. Both parties hereby mutually consent to the exclusive
jurisdiction of the courts of Hong Kong for the resolution of any
disputes arising out of or related to these Terms.
In the event of any dispute arising in connection with these Terms,
either party, whether it be you or us, may initiate the dispute
resolution procedures outlined in this section by providing written
notice of the dispute, referred to as a "Dispute Notice."
Upon the issuance of a Dispute Notice by either party, both you and
Stvble Global shall mutually commit to engaging in mediation and abiding
by any terms agreed upon in reaching a settlement. Mediation must be
initiated within a period of sixty (60) days from the date of the
Dispute Notice. The selected mediator for this process should either
hold the accreditation of an Associate or Principal Mediator from The
Hong Kong International Arbitration Centre (HKIAC) or be an accredited
mediator mutually agreed upon by both parties for the purpose of seeking
a potential resolution to the dispute. Every reasonable effort should be
made to arrive at a consensus on the choice of mediator. However, in
cases where an agreement cannot be reached, the HKIAC shall appoint a
mediator.
If, after the expiration of sixty (60) days from the Dispute Notice
date, the dispute remains unresolved through mediation, either party, be
it you or Stvble Global, may opt to escalate the dispute to arbitration.
The arbitration process will be presided over by a sole arbitrator and
administered by The Hong Kong International Arbitration Centre (HKIAC)
in Hong Kong, following the Arbitration Rules currently in effect at the
time. These rules are considered to be incorporated by reference into
this section. The arbitration proceedings will be conducted in the
English language.
However, notwithstanding the aforementioned procedures, Stvble Global
retains the discretion to initiate legal proceedings against you in the
Courts in Hong Kong for any legal actions necessary. In such a scenario,
you hereby consent to irrevocably submit to the jurisdiction of the Hong
Kong Courts for the proceedings.
Stvble Global’s failure to enforce any right or provision of these Terms
will not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by any court or
arbitrator, the remaining provisions of these Terms will remain in
effect. These Terms constitute the entire agreement between us regarding
our Service, and supersede and replace any prior agreements we might
have between us regarding the Service.