Terms and Conditions

SIO BEAUTY TERMS OF USE
Last Updated: 03/01/2019

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF THE THIS WEBSITE www.siobeauty.com (“SITE”) CAREFULLY. THESE TERMS OF USE GOVERN YOUR USE OF THE SITE AND ALL SERVICES OFFERED THROUGH THE SITE.

1. Acceptance of Terms of Use. This Agreement is an electronic contract that sets out the legally binding terms (“Terms”) of your use of the Site and the beauty services available to you on the Site (“Service”.) This Agreement includes policies and notices about use of the Site and Service, including our privacy policy, which is incorporated into these Terms by reference. Each time you use the Site and Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue using the Site and terminate your registration in Renita or your use of the Site and/or Service. The Site is owned by Renita LLC, d/b/a Sio Beauty. All references to Renita, Sio, Sio Beauty, “us”, “our”, or “we” will be deemed to include Renita, LLC.

2. Updates to Terms. We reserve the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. Renita will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site or Services. Your continued use of the Site after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to such changes, you must discontinue using the Site and Service.

3. Electronic Form. By accessing the Site or registering to use our Service (“Customer”), you consent to have this Agreement provided to you in electronic form. You have the right to receive this Agreement in non-electronic form. To receive a non-electronic copy of this Agreement, please contact us online or send a letter and self-addressed stamped envelope to: Request for Copy of Sio Terms Agreement, 712 Fifth Avenue, 6th Fl. New York, NY 10019.

4. Registering as a Customer. You do not have to be a Customer to visit this Site but only Customers can access the features and Service that we currently offer. By becoming a Customer you agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your Registration and refuse any and all current or future use of the Site and the Service (or any portion thereof).

5. Service. This Site and the Service are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without our prior written consent, (ii) use the Service in whole or part, or any benefit thereof, for any commercial purpose, including, but not limited to, selling, bartering, disposing or otherwise transferring any product obtained through the Service, in violation of these Terms without our express written permission. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Service, or otherwise exceed the limited access granted to you by Renita. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
6. Products. Sio sells beauty and other products (the “Product(s)”) on the Site and through other media to end-user Customers only for their own personal, non-commercial use. Customers may not purchase Products for further distribution or resale or for any other commercial or business purpose. Pricing for Products (including any applicable shipping and handling fees) can be found on the Site’s Product offer pages. Renita reserves the right to change prices for Products at any time, and do not provide price protection or refunds in the event of promotions or price decreases.

7. Auto Shipment and Billing. Renita sells Products on an auto shipment basis. This means that when you purchase our Products, you are agreeing to enroll in a continuity program whereby we will ship you Products and bill you on a regular basis, until you cancel. Renita charges you for the Products using the billing information you provide (your “Account”) at the time of enrollment. By enrolling in our program, you authorize Renita to charge your Account the product price then in effect. Renita reserves the right to correct any errors in your Account, including updating your Account information from available third-party sources. If the amount to be charged to your Account varies from the current price indicated in your initial order, we shall provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction.

8. Returns and Refunds. If you are dissatisfied with any Product for any reason, we will refund the amount paid for your most recent month of service (less shipping and handling). Refund requests must be made directly to us as described on our return/refund page located at www.siobeauty.com. All refund requests must be made within thirty (30) days of the date of shipment by us. Renita is not liable for Products that are damaged or lost in transit to us. Promptly following our receipt of your request (typically within five (5) business days), we will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the credit or debit card you used to make the original purchase. Notwithstanding the foregoing, we do not control when a specific credit card company processes a chargeback transaction. Renita will not provide, and we will have no obligation to honor, a refund for a request that is received by us more than thirty (30) days after the date of original shipment. Renita also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

9. Cancellation. You may change or cancel your enrolment in our auto ship program at any time by calling the Customer Service toll-free at 877-984-3161 or visiting your account page on the Site. If you do not cancel, we are authorized to charge your Account on the recurring basis that you originally agreed to. Renita may submit those charges for payment, and you will be responsible for such charges.

10. User Submission. By submitting content in any form to the Site, for instance, in the form of a testimonial, comment, or picture, (“User Content”), you grant to us and our licensees and successors in business a perpetual, worldwide, royalty-free, fully-paid and non-exclusive license to reproduce, publish, perform, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content (at our sole discretion) for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the User Content without your prior approval or the payment of any compensation. By submitting, transmitting, posting or uploading any User Content to this Site, you represent and warrant that: (i) you are solely responsible for the User Content that you provide, (ii) you own or otherwise have the right to grant the license set forth above with respect to such User Content, (iii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person, (iv) such User Content is not libelous, abusive, obscene, or otherwise in violation of applicable local, federal, or international laws and regulations, and (v) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on this Site.

11. Proprietary Rights. The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by Renita or its licensors (“Renita Marks”) and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. Renita owns a copyright in the selection, coordination, arrangement and enhancement of the Renita Marks and such other content on the Site and a copyright in the Site. Renita and its logos are trademarks of Renita LLC and are protected by state and federal laws. All other trademarks appearing on this Site (“Third Party Marks”) are trademarks of their respective owners. Users are prohibited from using any Renita Marks and Third Party Marks without the written permission of Renita or such third party. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Renita Marks, in whole or in part, without Renita’s prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material you may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.

12. No License Granted. Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Renita.

13. Age Requirements. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to purchase our Products.

14. Communications from Renita. When becoming a Customer or otherwise providing an email address to us, you will receive online communications from Renita. To unsubscribe from any Renita email marketing list, simply click on the “Unsubscribe” link at the bottom of the email and your name will be removed from that mailing list. To see how we use your personal information, please refer to our Privacy Policy.

You acknowledge that text alerts will be sent to the mobile phone number you provide to SiO. Such alerts may include limited personal information about your purchases, and whoever has access to the mobile phone or carrier account will also be able to see this information. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about your purchases, new product updates, and special promotion information. SiO does not impose a separate charge for text alerts; however, your mobile carrier's message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges. You may opt out of SiO text alerts at any time. To stop receiving text alerts, text STOP to (646) 760-6717. Texting STOP (646) 760-6717. to will opt you out of any and all future SiO text messages. After you submit a request to unsubscribe, you will receive one final text alert from SiO confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you re-consent to receiving them. For questions about text alerts contact SiO at 1-(877) 984-3161 or by emailing care@siobeauty.com.

The SiO text alert program is offered on an "as is" basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. SiO may change or discontinue any of its text alert programs without notice or liability to you. SiO and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any SiO text alert program or from technical failures or delays of any kind. SiO reserves the right to cease delivery of text alerts to any person at any time in its sole discretion.

15. Links. You may be able to access other websites or resources through links on the Site. Because Renita has no control over such sites and resources, you acknowledge and agree Renita is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that Renita shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

16. Indemnity/Release. You understand that you are personally responsible for your behavior while on the Site and therefore agree to indemnify and hold Renita, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur arising out of or related to any products or services purchased by you in connection with the Site or the Service and in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms, applicable law or the rights of any third party. To the extent permitted under applicable laws, you hereby release Renita from any and all claims or liability related to any product or service of a merchant, any action or in-action by merchant, including merchants failure to comply with applicable law and/or failure to abide by the Services Terms and any conduct or speech, whether online or offline, of any other user. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

17. Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICE (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICE) AND PURCHASE OF OUR PRODUCTS IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY MERCHANT INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICE, ARE PROVIDED ON AN “AS IS” “WHERE-AS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY MERCHANT INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICE.

ALL CONTENT, PRODUCTS AND THIRD PARTY MERCHANT SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE MERCHANTABILITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.

18. Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RENITA, ITS PARENT, INVESTORS, SUBSIDIARIES, OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. RENITA’S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN RENITA’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).

19. Termination. Renita can suspend or terminate your enrollement in the Product auto ship program and your access to the Site or use of the Service, in whole or in part, at any time, immediately and without notice if, at Renita’s sole discretion, you fail to comply with any of these Terms. Upon termination, you must destroy all materials obtained from this Site and the Service and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the Terms shall survive.

20. Access to Services. You understand and agree that your registration in Renita is subject to and conditioned upon the following: Your continued adherence to and compliance with these Terms and any future modifications thereto. Your violation of these Terms, or any other agreement between you and Renita constitute grounds for immediate termination of your registration without further notice at our sole discretion. Renita may also terminate your registration at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the Renita community. Termination of your registration will result in cancellation of all rights of access and use of Services granted to Customers and cancelled Customers may be denied access to Services or re-enrollment as Customers. Renita reserves the right to change, discontinue or suspend Renita or any of the Service at any time for any reason. You may terminate your registration or use of the Service at any time by deleting your account information or sending a request to us, using the “Contact Us” button on any page of the Site. Renita shall have decision making in cases of suspected abuse, fraud, or breach of these Terms. Any decision Renita makes relating to termination or suspension of any Customer’s account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon the Site or Service with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions titled Proprietary Rights, No License Granted, Indemnity/Release, Disclaimer of Warranties, Liability Limitation, Access To Service, Termination, Privacy, Governing Law/Disputes and Miscellaneous shall survive any such termination.

21. Privacy. This Site is governed by the terms and conditions set out in our privacy policy found at www.siobeauty.com which is incorporated herein by reference.

22. Governing Law/Disputes. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Renita for any violation of Renita’s proprietary or other rights, any and all disputes relating to these Terms, Privacy Policy, or your use of the Site or the Service shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the “AAA”) before an independent arbitrator designated by the AAA as described below. The location of arbitration shall be New York County, New York, USA.

Please read this Section carefully. It is part of your contract with Renita and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. We ask that you seek to resolve any dispute with us informally by contacting us at the address below. In the unlikely event that we are unable to resolve your complaint to your satisfaction, the following shall govern the dispute resolution process between us. All claims and disputes in connection with the Agreement or the use of any Product or Service provided by Renita that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis. This process applies to you and us, and to any of our licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this process. In the event any litigation should arise between us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS PROVISION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in New York County, California.

You have the right to opt out of the provisions of this Arbitration process by sending written notice of your decision to opt out to the following address: Renita LLC, Attn: Legal Department, 712 Fifth Avenue, 6th Fl., New York, NY 10019, within 30 days of purchasing a Product. If you send this notice, then this Arbitration provision will not apply to either party and you must litigate pursuant to the subparagraph below. If you do not send this notice, then you agree to be bound by this Arbitration process.

This Arbitration provision shall survive the termination of your relationship with us. Notwithstanding any provision in these terms to the contrary, you agree that if we make any future material change to this Arbitration provision, it will not apply to any individual claim(s) that you had already provided notice of to us. Notwithstanding the foregoing, either party may bring an individual action in small claims court.

23. Miscellaneous. These Terms and policies incorporated herein, are the entire agreement between you and Renita. They supersede any and all prior or contemporaneous agreements between you and Renita relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of Renita to partially or fully exercise any rights or the waiver by us of any breach of these Terms by you, shall not prevent a subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.