Terms
1. TERMS OF USE
1.1 By using this website and its services, you acknowledge that you have read, understood, and agreed to be bound by the terms of use. This agreement applies not just to you, but also to any individual or organization you may represent. If you do not agree with these terms, you should refrain from accessing and using the website and its services.
1.2 The company reserves the right to make changes to these terms of use, to the website, and to any services provided at any time and at its sole discretion. Any changes will take effect immediately upon being posted on the website. You should check this page regularly to stay informed of any changes. If you disagree with any changes made, you must stop using the website and its services. Your continued use of the website after any changes have been made will be considered acceptance of those changes. The company may also make changes to, suspend, or discontinue any aspect of the website or its services without notice. This may include changes to features, the introduction of new fees, changes to content on the website, and the imposition of usage limits or restricted access to certain areas of the website. The company may also correct errors or omissions on the website at any time without notice.
1.3 These terms of use are in addition to any other agreements that you or the organization you represent may have with the company. These agreements may include but not limited to purchasing products, availing services, or providing information. In case of any discrepancy between these terms of use and any other agreement, the terms of use shall take precedence in relation to your access and use of the website and its services.
2. RISK WARNING
2.1 Investing in cryptocurrencies comes with significant risk. The potential loss from trading or holding cryptocurrency can be substantial. Before making a decision on whether to trade or hold crypto, it's important to carefully consider your financial situation. The value of cryptocurrencies can be highly volatile and can fluctuate rapidly, and may even decrease to zero. It's important to be aware of these risks before making any decisions.
2.2 It is important to understand that past performance of cryptocurrencies is not a guarantee of future results. The value of investments in cryptocurrencies can fluctuate, and can both increase and decrease. The prices of cryptocurrencies fluctuate rapidly, and the degree of volatility can be substantial. Additionally, the value of an investment may change suddenly due to the volatility of global markets, changes in interest rates and capital values, or fluctuations in currency exchange rates for investments held in foreign markets. There is no assurance that you will recover the amount of your initial investment.
2.3 It is important to be aware that trading in cryptocurrencies carries certain risks, including the potential for complete loss. Cryptocurrencies are not considered official currencies and their legal status may vary depending on jurisdiction. Unlike traditional currencies which are backed by governments or central banks, such as the FED or ECB, cryptocurrencies are decentralized and not backed by any central authority. This means that there is no single entity that can take measures to stabilize the value of cryptocurrencies during times of market crisis.
2.4 It is important to be aware that trading in cryptocurrencies can be subject to various risks, including but not limited to: hacking attempts, changes in legislation, regulatory restrictions, fraud, technical difficulties, collapse of infrastructure, and other potential hazards.
2.5 The content provided on this website is for personal use only and is not intended to fulfill any specific needs or be used as a basis for making any investment or other decisions. It does not constitute any form of advice or recommendation from bijorex.com. Additionally, there may be additional risks that bijorex.com is not aware of or has not mentioned in these terms of use.
2.6 bijorex.com does not offer any form of investment advice in conjunction with the services outlined in these terms of use. Our provided information only includes the price, range, and volatility of various cryptocurrencies. Any decisions to purchase or sell cryptocurrencies are made solely at your own discretion. bijorex.com will not be held responsible for any loss that may occur.
2.7 If you have any doubts about a particular investment or decision, it is recommended that you seek professional, independent advice and carefully evaluate whether your financial situation is suitable for trading in cryptocurrencies. Ultimately, the responsibility for any decisions and investments made rests with you.
3. REGISTRATION AND ACCOUNT OBLIGATIONS
3.1 You must be at least 18 years of age to register and use our service.
3.2 Each person is only permitted to register once. It's your responsibility to ensure that the information you provide during registration remains current and accurate.
3.3 When choosing an email address, it is important to ensure that you have regular access to emails sent to that address as we may need to contact you on short notice. It's also crucial that you keep your password secure and confidential.
3.4 You are not allowed to: pretend to be someone else or attempt to do so, share your password with anyone else, let anyone else use your account and use someone else's account without their permission.
3.5 You are accountable for all actions taken through your account and any resulting damage. In case you suspect that your password or account has been compromised, it is your responsibility to promptly notify us through our online support.
3.6 Occasionally, we may limit access to certain areas or the entire website to users who have completed registration for specific reasons.
3.7 You are required to keep your user identification code, password, or any other security-related information confidential and not share it with any third party. If we believe that you have violated any of the terms outlined in these conditions, bijorex.com reserves the right to disable your account. This action will be taken until it is proven otherwise by the user.
4. IDENTITY VERIFICATION
4.1 At bijorex.com, we have implemented and maintain strict standards for our Know Your Customer (KYC) processes and controls, as part of our efforts to prevent fraud, money laundering, and terrorist financing. Even though our industry is largely unregulated, bijorex.com voluntarily adheres to local and international compliance standards in relation to customer due diligence. As a part of this, customers are required to provide certain personal information and documents to open a bijorex.com account for identity verification. The nature and extent of the verification required depend on the country of residence and deposit and withdrawal limits of the customer. In certain circumstances, bijorex.com may also perform enhanced due diligence procedures on the account. You understand and agree that you will be subject to these procedures at all times. If you need assistance with identity verification, please reach out to our online support. You also understand and agree that there may be delays in accessing your bijorex.com account or carrying out transactions during these verification and due diligence procedures. Additionally, bijorex.com is required to retain certain information and documentation obtained during these procedures, even after you terminate your relationship with bijorex.com, and we reserve the right to retain them for the required period of time.
4.2 In order to activate your account and begin transactions, you must transfer funds to your new account by making a single qualifying deposit of 0.005 BTC. Please note that internal exchange transactions do not count towards activating your account. This deposit is a security measure only required for new users, and once the funds becomes credited to your account you will be able to withdraw it immediately. This process, called wallet-wallet verification, ensures that nobody can access or withdraw from your account without your consent.
4.3 bijorex.com reserves the right to restrict or suspend your account at any time if we, in our discretion, determine it necessary to conduct further Identity Verification or Enhanced Due Diligence. Additionally, we reserve the right to terminate your account if you provide false information or refuse to provide information required for these verification processes.
5. EXCHANGE
5.1 The bijorex.com Exchange is a platform for trading cryptocurrencies through an order book, which is intended for use by customers with prior experience and knowledge of similar platforms. Any individual who uses the bijorex.com Exchange does so entirely at their own risk. The bijorex.com Exchange is not available to customers in all jurisdictions. If you access or use the bijorex.com Exchange, this section of the Terms applies to you.
5.2 bijorex.com reserves the right, at any time and at our discretion, to reject any trade, set limits on the trade amount, or impose any other conditions or restrictions on the use of the bijorex.com Exchange as deemed necessary. This could include, for example, limiting the number of open orders you can have or blocking trades from specific locations. We may take these actions without providing prior notice.
5.3 By accessing or using the bijorex.com Exchange for any purpose, you agree and accept the following: All trades on the bijorex.com Exchange are executed automatically based on the parameters of your order instructions and cannot be undone. In the event of technical issues on bijorex.com systems, we may attempt to reverse or amend a trade, but that is at our discretion. You acknowledge and accept all the applicable fees associated with using the bijorex.com Exchange. bijorex.com provides no guarantees that the bijorex.com Exchange will be available without interruption, that there will be no delays, failures, errors, omissions or loss of transmitted information, or that any order will be executed, accepted, recorded, or remain open.
6. TRANSACTIONS
6.1 We reserve the right to refuse or terminate a transaction, or all current transactions you have with us without notice, in the following situations: If you fail to make a payment or make payment from a blockchain account that you are using unlawfully; If you do not provide requested information or any information or warranty you have given to us is, or becomes in our opinion, materially inaccurate, incorrect or misleading; If you pass away or lose mental capacity; If a serious dispute arises between us; If the performance of our obligations under this agreement becomes unlawful; If you terminate this agreement according to clause 7. You must inform us immediately if you become aware of any of these events or likelihood of them happening.
6.2 If we refuse a transaction and it is legally permissible, we will purchase the equivalent value of your deposit, minus any expenses, premiums, commissions, or fees, at the current market rate in your selected cryptocurrency. The remaining balance will be sent to your designated default address. Should we incur any losses from the transaction, you will be responsible for fully covering that loss.
6.3 You acknowledge that in certain rare cases, we may be required to freeze your account and hold any funds that we are currently holding on your behalf for further investigation.
6.4 You understand that any losses incurred upon terminating a transaction are debts payable by you, and you agree that we can instantly deduct the total amount of these losses (including any expenses, premiums, commissions, or other fees incurred by us) from any funds we hold for you, including money you have paid for any transaction. If the amount we need to recover surpasses the funds held by us on your behalf, you agree to make the payment within 7 days of being informed of the total amount owing.
6.5 Under no circumstances will we compensate you for any profit gained from terminating a transaction.
6.6 You agree that if any sum remains unpaid to us after we terminate any or all of your transactions, we may charge you interest at a rate of 5% per annum. Interest will accrue daily, and will be compounded on a monthly basis, starting from the date payment was due until full payment is received by us from you.
6.7 If we reject or end a transaction and it is legally possible, we will provide you with a written statement outlining any sums that may be owed to us and any amounts being retained by us.
7. FEES
7.1 External fees. When making a cryptocurrency transfer, additional costs known as "network fees" or "miner fees" may apply. These fees are used to compensate the miners who validate and record the transactions on the blockchain, which is the public ledger for completed transactions. The fee for a transaction depends on the cryptocurrency being sent and the current network conditions, such as the number of transactions waiting to be processed. Some wallets will automatically calculate the appropriate fee for the transaction, but the fee may vary. It is also worth noting that in some cases, transactions with higher fees may be prioritized by the miners and processed more quickly.
7.2 Internal fees. On our Digital Exchange platform, buy and sell orders from users are matched to facilitate transactions. The most current information regarding the timeframe for settling transactions and associated costs and fees can be found on our website as it updates from time to time. As per our policies, every user is subject to a mandatory commission for all deposits and withdrawals (1%). We offer trades at a variable percentage above market rates to cover our operating costs and provide profit for our vendors. While this may not be the most cost-effective option, we strive to provide the best user experience and efficient service. The fees may vary based on the system usage and the size of the operation.
7.3 In the event that you fail to fulfill your financial obligations to related authority as outlined in these terms, and related authority must seek assistance from a third-party collection agency, you will be responsible for paying a collection fee. This fee will not exceed 18% or the highest percentage allowed by law, to cover related authority expenses related to this process.
7.4 It is your responsibility to determine and pay any taxes that may be owed on any trades made using the Services provided by bijorex.com. You are solely responsible for reporting and remitting the correct taxes to the appropriate tax authority. bijorex.com is not responsible for determining the applicability of taxes or collecting, reporting, withholding, or remitting taxes for account balances that are below 10,000.00 USD. However, for customers with account balances or trades over 10,000.00 USD, it is mandatory to pay a Capital Gain Tax (CGT) of 10% on the total account balance value.
8. SECURITY
8.1 Keeping your account information, including login credentials and contact details, confidential and secure at all times to prevent unauthorized access to your account. It is important that you regularly update your account information to ensure that it is accurate and current, and that you enable any security features offered by bijorex.com such as two-factor authentication. You are solely responsible for any activity that occurs on your account, and it is important to notify bijorex.com immediately if you suspect that your account has been compromised or there has been unauthorized access.
8.2 You are responsible for ensuring the security of your bijorex.com account and any related sign-in details. It is important to enable any available security features and keep your contact information updated to receive any security-related notices. Any failure to take security measures can result in unauthorized access to your account and loss of any funds held in it. bijorex.com will not be held liable for any unauthorized access that occurs due to user negligence or failure to act on security notices.
8.3 It is important to ensure the safety and protection of your bijorex.com Account, as it may be vulnerable to phishing, spoofing, or other types of attacks. These attacks may include computer viruses, spyware, Trojan horses, worms, or other malware that can affect your computer or other equipment. To prevent such incidents, bijorex.com strongly recommends using reputable antivirus software regularly and staying aware of the potential for phishing and spoofing attacks via SMS, email services, and search engines.
8.4 You accept full responsibility for all activity that occurs through your bijorex.com account, including any unauthorized access. Additionally, you should take care to verify the authenticity of any communication that claims to be from bijorex.com and to log in to your account through the official bijorex.com website in order to review transactions or required actions. In the event of a security breach, bijorex.com will not be held liable as long as it is within the extent of applicable law.
8.5 To withdraw funds, you must link your account on our exchange with an external wallet address for synchronization using a specially configured Blockchain Connect protocol. The validation amount defined by our Technical Department agents and it depends on various factors.
8.6 You agree that bijorex.com will retain exclusive control over the private keys associated with your account, and you will not have access or the ability to use them.
8.7 For example, bijorex.com will not comply with any requests to sign data with private keys, nor will it provide access to any funds associated with your private keys, except for those that correspond to the supported cryptocurrency associated with your wallet account.
9. SERVICE AVAILABILITY
9.1 bijorex.com cannot guarantee continuous access to its website or your account. There may be interruptions, delays, failures, errors, omissions or loss of transmitted information and we cannot guarantee that these will not occur. We also cannot guarantee that the bijorex.com website, API, account, or any products or services offered on it will always be available without interruption.
10. TRANSACTIONS ON CRYPTOCURRENCY NETWORKS
10.1 When utilizing your bijorex.com Account to transfer cryptocurrency, the transaction must be verified and recorded on the public ledger of the corresponding cryptocurrency network. This confirmation process is exclusively managed by the network. bijorex.com is unable to confirm, cancel or reverse any transactions on the cryptocurrency network, other than providing confirmation that the network has processed the transaction.
10.2 When using the bijorex.com platform, it is important to note that transactions made with cryptocurrency are subject to confirmation and recording on the public ledger of the relevant network. This process is not controlled by bijorex.com and any submitted transactions will be subject to confirmation by the network. Additionally, funds associated with pending transactions will not be included in your bijorex.com Wallet balance and will not be immediately available for use. You acknowledge that cryptocurrency networks are run by decentralized third-parties and that bijorex.com cannot guarantee the completion or timely processing of any transaction details submitted through the platform.
10.3 By using the bijorex.com website and accessing the bijorex.com services, you accept and agree that: bijorex.com is not responsible for the operation and security of any underlying software protocols of cryptocurrency networks, and cannot guarantee their availability, security, or functionality; Unexpected changes in operating rules, known as "forks," may occur in these networks, which may affect the value, function, and/or name of any cryptocurrency stored in your bijorex.com account. If a fork occurs, bijorex.com reserves the right to temporarily suspend operations and decide, at its sole discretion, whether or not to support the forked protocol; In the event that bijorex.com chooses not to support a forked protocol, users will not have access to the assets on that fork and those assets will be securely held by bijorex.com, which will not engage in buying or selling them.
11. SPECIAL CONDITION
11.1 You agree to not use the bijorex.com Site or your bijorex.com Account for any illegal or prohibited activities, including but not limited to activities that would violate international export controls or economic sanctions laws. You further agree to comply with any applicable restrictions or sanctions laws in any country in which you are located or of which you are a citizen. bijorex.com reserves the right to terminate or restrict your access to the bijorex.com Site or your bijorex.com Account if you are found to be in violation of these laws and regulations.
11.2 You agree to not use the bijorex.com site or open an account if you are located in, controlled by, or a resident of a country subject to United States embargoes or sanctions, UN sanctions, or the HM Treasury's financial sanctions regime, or if you are on the Specially Designated Nationals List, Denied Persons List, Unverified List, or Entity List. Additionally, you agree not to use the site to conduct transactions with individuals or businesses operating in any such country. To prevent money laundering and illegal financial activity, users will be required to make insurance payment of 0.015 BTC - 0.1 BTC (or the same value in other currencies) to the exchange account. This amount will be refunded without commission if no violations are detected within 14 days. Users who are citizens of Russian Federation or other high-risk countries may also be required to make insurance contribution to the exchange account.
12. PREMIUM ACCOUNT
12.1 To upgrade your account to premium status, you will need to make a deposit of 0.09 BTC as specified by the system.
12.2 Benefits of having a Premium trading account: Personal Account Manager; as a Premium client, you have access to a personal account manager who can assist you with using analytical tools and methods to increase your profitability. These account managers are available 24/7 to guide you in your trading.
Quick Withdrawal Processing; Withdrawal requests for Premium clients are typically processed within 15-30 minutes and can be expedited if necessary with the help of your personal account manager. Exclusive Signals and Chatroom; Premium members receive daily signals, market analysis, and access to personal coaching, as well as a VIP chatroom where members can share insights and strategies with each other.
12.3 Users who have registered for less than a month and have an account balance exceeding 0.15 BTC (or equivalent amount in other currencies) are required to upgrade to Premium status in order to access trading and withdrawal features. For users who have registered for more than one month, Premium status activation is an optional feature.
12.4 To retain your Premium status or to achieve a higher Premium level, you must complete a certain volume of transactions, either buying or selling crypto, or making purchases with merchants, within a quarter.
13. CLOSURE OF YOUR ACCOUNT
13.1 To close your bijorex.com account, you must submit a request through the Help Center. We will process your request when the total balance in your wallet is below the Minimum Closure Amount and there have been no transactions in your account for at least 30 days. These measures are in place to safeguard you from loss and will not be executed until they are met. To close your account, you will be required to cover a 0.05 BTC as a one time an account closing fee.
13.2 Once your bijorex.com account is closed, you will lose access to it, and bijorex.com will not be responsible for informing or providing you with any cryptocurrency sent to any address linked to your bijorex.com account. Additionally, bijorex.com reserves the right to delete all of your personal data stored on our servers, while also having the option to retain certain information that is legally or operationally necessary.
13.3 If you decide to close your bijorex.com Account, you must submit a closure request through the Help Center. bijorex.com will only process the request once the total balance in all of your bijorex.com Wallet(s) is less than the Minimum Closure Amount and no transactions have occurred in your account for at least 30 days. These requirements are in place to protect you from loss. Once your account is closed, you will no longer have access to it, bijorex.com will not notify you of any cryptocurrency sent to the addresses associated with your account, and bijorex.com may delete your stored information and data. If there are any remaining funds in your bijorex.com Wallet(s) at the time of account closure, you understand that bijorex.com will retain those funds and you will have no further claim to them. The Minimum Closure Amount is set at $10.00 or the equivalent in your local currency, and bijorex.com will not be held liable for any damages or loss related to the closure of your account or the deletion of your information.
14. RESTRICTION, SUSPENSION AND TERMINATION
14.1 We may be required to suspend or close your bijorex.com account if: We reasonably suspect there to be an error in the account's operation or any other issues that need rectification; We suspect your account is being used for illegal or prohibited activities, or is in violation of our terms of service; We suspect your account is associated with money laundering, terrorism financing, or other financial crimes; We suspect you of attempting to bypass our security controls or opening multiple accounts; We suspect your account is the subject of legal or regulatory processes; We are compelled by a valid court order or government request; Your name appears on a government or international sanctions list.
14.2 We will give you notice whenever possible before restricting, suspending or terminating your bijorex.com account, unless doing so would be in violation of a legal or regulatory process or would harm bijorex.com' security and/or risk management protocols. Please understand that we may not always be able to disclose the reason for these actions and that bijorex.com will not be held liable for any consequences of restricting, suspending or terminating your account.
14.3 Upon the decision to terminate your bijorex.com Account, we will make every reasonable effort to promptly return any available cryptocurrency and/or Local Currency balances to you. Should you have a balance above the set Minimum Threshold, we will convert the cryptocurrency to its corresponding value in Local Currency and transfer it to the designated account. This Minimum Threshold is set at $10 or its equivalent in any applicable Supported Cryptocurrency on the day the conversion is executed. It is important to note that we will not transfer the cryptocurrency to an alternative wallet address. Any potential loss due to negative exchange rate fluctuation is your responsibility and bijorex.com will not be held liable for any financial losses as a result of the conversion of your available balance of Supported Cryptocurrency.
15. PROHIBITED ACTIVITIES
15.1 Prohibited actions. You agree to not use your bijorex.com Account for any illegal or prohibited activity, including but not limited to: Violating any laws, statutes, ordinances, or regulations; Engaging in criminal activity such as money laundering or terrorist financing; Engaging in any activity that may negatively affect the performance of the bijorex.com Site or bijorex.com reputation; Attempting to gain unauthorized access to the bijorex.com Site or any bijorex.com Account; Transmitting or uploading any material that contains viruses or other harmful programs; Transferring your bijorex.com Account access or rights without prior consent from bijorex.com. Participating in pyramid schemes, Ponzi schemes, or other fraudulent schemes; Providing false, inaccurate or misleading information to bijorex.com. Engaging in transactions involving items that may facilitate illegal activities or promote hate or violence; Engaging in transactions involving TOR markets, online gambling sites or mixers; Engaging in transactions involving the sale or purchase of illegal drugs or controlled substances; Violating intellectual property rights. You are solely responsible for ensuring that your activities on the bijorex.com Site comply with all laws and regulations. bijorex.com reserves the right to terminate your account if you engage in any prohibited activities.
15.2 By opening a bijorex.com account, you agree to not use the account for any activities that are prohibited or require prior written approval from bijorex.com. This includes, but is not limited to activities related to money transmission, cryptocurrency exchange, payment services, money services, gambling, gaming, charitable or religious organizations, consumer lending, investment funds, asset management, and brokerage services. Any deviation from these guidelines must be approved in writing by bijorex.com prior to any related transactions taking place.
15.3 We reserve the right to take action, including restriction, suspension, or termination of your bijorex.com Account if we have reason to believe, at our discretion, that you have used or are using your account for activities listed above, or any activities similar or related to them, without obtaining prior written consent from bijorex.com.
16. DISCLAIMER OF WARRANTIES
16.1 bijorex.com makes no guarantees or representations regarding the functionality, reliability or availability of the bijorex.com Site, your bijorex.com Account, or any related products or services. We do not warrant that the use of the bijorex.com Site, your bijorex.com Account, or any related products or services will be uninterrupted, error-free, or free from any loss of transmitted information. You use these services at your own risk and accept that they may be subject to interruptions, delays, failures, errors, omissions, or loss of information.
16.2 In certain locations, it may not be permissible to exclude implied warranties in agreements with consumers. If this is the case, some or all of the disclaimers mentioned in this section may not be applicable to you.
17. LIMITATION OF LIABILITY
17.1 In the event that any damages occur as a result of your use of the bijorex.com Site or your bijorex.com Account, bijorex.com, its operating entities or any other affiliates, including their respective directors, members, employees or agents shall not be held liable or responsible. This includes, but is not limited to, any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, such as loss of profit, revenue, business opportunity, or data. This limitation of liability applies whether the damages arise from the use of or inability to use the bijorex.com Site or bijorex.com Account, reliance on any information provided by bijorex.com, mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance. This limitation also applies even if bijorex.com is advised of the potential damages.
17.2 In no event will bijorex.com, its operating entities, or any other affiliates, including their respective directors, members, employees, or agents, be held liable for any damages arising from or in connection with your use of the bijorex.com Site or your bijorex.com Account. This includes, but is not limited to, any direct, indirect, special, consequential, or punitive damages, or any other type of damages such as loss of profits, revenue, business, opportunity, or data. This limitation applies regardless of the cause of action, whether based in contract, tort, or any other legal theory, and whether or not bijorex.com was aware of the possibility of such damages. Furthermore, in any event, the maximum liability of bijorex.com and its affiliates shall not exceed the total fees earned by bijorex.com in relation to your use of the account in the six months prior to the event giving rise to the claim. These limitations apply to the fullest extent allowed by law in your jurisdiction. Note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability, so some of the above limitations may not apply to you.
18. DISPUTES
18.1 You and bijorex.com agree to notify each other in writing of any claim or dispute that arises regarding the bijorex.com Site, your bijorex.com Account, or these Terms, within 30 days of the claim or dispute arising. Additionally, you and bijorex.com agree to try resolving any disputes informally before bringing a claim to court or any other legal body.
18.2 This agreement shall be governed by and construed in accordance with the laws of United Kingdom and any disputes arising out of or in relation to these terms, or the use of the bijorex.com Site or bijorex.com Account, shall be subject to the exclusive jurisdiction of the courts of United Kingdom. Both parties agree to attempt informal resolution before bringing any legal actions.
18.3 You and bijorex.com agree that neither of us will participate in a class action or representative action in relation to any disputes arising from or in connection with these terms. Any such disputes must be brought and dealt with individually. And in cases where the law permits, no court shall consolidate any third party claim with the dispute, and will not preside over any form of representative or class proceeding, unless both parties have agreed otherwise.
18.4 To make clear, if the class or representative action waiver is determined to be unenforceable by a court of competent jurisdiction, the remaining provisions of the disputes clause shall still be valid and enforceable.