Terms of Service

Effective Date: July 31, 2025.

mene.com (the “Website”) is a website operated by Menē Inc., 6, Place Vendôme, 75001 Paris, France (“we”, “us”, “our”, “Menē”).

Your use of the Website is subject to the following Terms and Conditions (the “Terms and Conditions”).

Please read these Terms and Conditions carefully along with our Privacy Policy and, if you purchase Products through our Website, our Terms of Purchase, which govern our relationship with you in relation to the Website. If you have any questions about them or do not wish to accept them, please contact our Customer Care department at 1-833-MENE-24K before using this Website or purchasing Products.

Effective Date and Notice

We may change these Terms and Conditions at any time by updating this page. You should check this page from time to time to review these terms and ensure you are satisfied with and willing to accept any changes.

Using or accessing this Website and purchasing Products indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, please do not continue to use this Website or purchase Menē Products.

Information about Menē

Menē crafts 24 karat gold and platinum investment jewelry™ that is transparently sold by gram weight through an empowering online shopping experience. By combining innovative technology, radical transparency, and timeless design, Menē restores the ancient tradition of jewelry as a store of enduring value.

You may contact our Customer Care department at 1-833-MENE-24K.

The Website to which these Terms and Conditions apply and for which we are responsible is mene.com.

Our registered address is 307-334 Adelaide Street West, Toronto, Ontario M5V 1R4, Canada.

Your Use of the Website

We have made the Website available to you for your own personal non-commercial use. We reserve the right to modify, withdraw, or deny access to this Website at any time.

We may withdraw or deny access to users of the Website at any time should they breach any of the terms contained in these Terms and Conditions.

If you choose or are provided with a user identification code, password, or any other piece of information as part of our security procedures, you must keep this safe and treat such information as confidential, and you must not disclose it to any third party.

We do not guarantee that the Website will be compatible with all or any hardware and software and reserve the right to withdraw or modify the Website at any time.

We are only liable to you for losses you suffer as a result of a breach of these Terms of Use by us. We are not responsible to you for any losses you may incur that are not a foreseeable consequence of us breaching these Terms of Use. Our liability to you shall not in any circumstance include any business losses you may incur, including but not limited to lost data or profits, or business interruption.

Our intellectual property rights

Any and all of the intellectual property rights including but not limited to trademarks, service marks, trade names, copyright, and other rights used or embodied within the Website that are and will remain the sole property of Menē Inc. Furthermore, you warrant that you will not, nor shall you attempt to, tamper with, modify, reverse engineer, gain unauthorized access to, or in any way alter any of our software or the Website itself.

The Website and any content, information, services, designs, names, logos, text, photographs, video, audio, audiovisual works, graphics, and user interfaces provided through the Website (collectively, the “Content”) are intended solely for customers of Menē’s personal and non-commercial use. You warrant you will not, and are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of , a written license or agreement with Menē; (b) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; (c) copying, storing, editing, changing, preparing any derivative work of or altering in any way any of the Content provided on the Website; and (d) using the Website or the Content for any purpose other than for its intended purpose, as determined solely in Menē’s discretion. For greater certainty, any reproduction, distribution, transmission, display or broadcast of the Content requires the prior written consent of Menē.

By using the Website, you hereby accept that Menē Inc. reserves the right to take legal action against you if you breach, or we reasonably believe that you may have breached, this warranty.

Resale Prohibition

You warrant you will not, and are specifically prohibited from, reselling, offering to sell, leasing, licensing, distributing, wholesaling, or otherwise making available (collectively, “Make Available” or “Making Available”), in whole or in part, any and all products, designs, goods, services, jewelry, or items (collectively, the “Product”) that have been purchased, obtained or derived from Menē (the “Resale Prohibition”). The Resale Prohibition includes prohibiting the Making Available of Product by individuals, brokers, merchants, retailers, exporters, or any other person (collectively, the “Reseller”). The Resale Prohibition does not apply to a Reseller who has prior written authorization of Menē to Make Available the Product, provided that such prior authorization is expressly provided by a written license or agreement with Menē.

Product Information

Some Menē products may appear slightly larger or smaller than their actual size due to screen defaults and photography techniques. Other Products may be represented at a larger size than their actual size to clearly show details or smaller than their actual size to show the entire item. 3D product previews are for visualization purposes only and may not accurately reflect a product’s size and design.

We strive to achieve the approximate dimensions stated on our product pages, which are provided for directional purposes only. We cannot guarantee exact dimensions, as each piece is handcrafted and sold by weight.

As each Menē Product is unique, you accept and agree that there may be a weight fluctuation of up to 0.5 grams from the advertised weight for in-stock pieces and up to 1 gram for Crafted-on-Demand pieces. The final cost may be adjusted to accurately reflect the weight of Crafted-on-Demand items. The weight of each item will be included on its Certificate of Authenticity.

The real-time value displayed in the My Collection section of a customer’s Menē Dashboard is based on an average weight. Individual sale and exchange values will be based on each item’s Certificate of Authenticity weight at the prevailing metal price.

Linking

We may link to other websites that are not within our control. When we do this, we will try and make it as clear as possible that you are leaving our Website. We are not responsible for these websites in any way. It is your responsibility to check the terms and conditions and privacy policy of any other website you visit.

Governing Law and Jurisdiction

The formation, existence, construction, performance, validity, and all aspects of these Terms of Use or of any term of these Terms of Use will be governed by the law of the state of New York, United States.

The New York courts will have non-exclusive jurisdiction to settle any disputes that may arise from or in connection with these Terms of Use or use of the Website.

Nothing in these Terms of Use affects the statutory or consumer rights in your country of residence in any way.

TERMS OF PURCHASE

Please read these Terms and Conditions carefully along with our Privacy Policy and Website Terms. These of Purchase govern the relationship between you and Menē as it relates to the purchase of Menē Products from the Website.

If you have any questions about these terms or do not wish to accept them, please contact our Customer Care department at 1-833-MENE-24K before using this Website or purchasing Products.

Effective Date and Notice

Menē may change these Terms of Purchase at any time by updating this page. You should check this page from time to time to review these terms and ensure you are satisfied with and willing to accept any changes before you purchase a new Menē Product.

Purchasing Menē Products indicates your acceptance of these Terms of Purchase. If you do not accept these Terms of Purchase, please do not purchase Menē Products.

Information about Menē

Menē crafts 24 karat gold and platinum investment jewelry™ that is transparently sold by gram weight through an empowering online shopping experience. By combining innovative technology, radical transparency, and timeless design, Menē restores the ancient tradition of jewelry as a store of enduring value.

You may contact our Customer Care department at 1-833-MENE-24K.

Our registered address is 307-334 Adelaide Street West, Toronto, Ontario M5V 1R4, Canada.

Who Can Purchase from Menē

You must be over 18 to purchase Products from the Website

We can ship to the following countries: Argentina, Aruba, Australia, Bahamas, Bahrain, Barbados, Belgium, Bermuda, British Virgin Islands, Brunei, Canada, Cayman Islands, Chile, Costa Rica, Curacao, Denmark, Dominica, Egypt, Estonia, Finland, France, French Polynesia, Germany, Gibraltar, Greece, Grenada, Guam, Hong Kong, Hungary, Republic of Ireland, Italy, Japan, Jordan, South Korea, Lebanon, Liechtenstein, Macau, Malaysia, Maldives, Malta, Martinique, Mauritius, Mexico, Monaco, Morocco, Netherlands, New Zealand, Norway, Philippines, Poland, Portugal, Puerto Rico, Qatar, Romania, Singapore, Slovenia, South Africa, Spain, Sri Lanka, St. Maarten, St. Vincent, St. Barthelemy, St. Martin, Sweden, Switzerland, Taiwan, Thailand, Trinidad & Tobago, Turks & Caicos, UAE, Vatican City, United Kingdom, U.S., U.S. Virgin Islands, and Vietnam.

Formation of the Contractual Relationship

The contract is formed in the following way:

1. Once you have selected the Product or Products that you wish to purchase, select “Add to Bag” to add the Product to your shopping bag.
2. If this is your first purchase, you will be prompted to create an account. If you already have an account, you will be prompted to log in.
3. Upon creation or signing in to your account, you may check your basket and ensure that delivery details and shipping method are correct. We take no liability for incorrect shipping details being provided to us. It is your responsibility to ensure that all details are accurate.
4. By completing a purchase within your account, you accept our Terms of Purchase.
5. Upon receiving your order, we will send a confirmation email. This does not mean that your order has been accepted; your order constitutes an offer by you to buy the Product(s).
6. All orders are subject to acceptance by Menē. We are not obliged to accept your order and may, at our discretion, decline to accept your order. You acknowledge, however, that you enter an obligation to pay for your product in the event that the order is accepted for fulfillment by Menē.
7. We will check that we can fulfil your order before acceptance. Upon confirmation, we will process the payment details you have given to us to take payment for your order. At this point the contract is formed and we will be under a legal duty to supply you with the Products that conform to the obligation under the contract. We reserve the right to cancel and refund the order where we discover any instances of: (i) an inadvertent error or omission in product specification and/or pricing; or (ii) a violation of our Menē Credit policy after payment is taken, for which a restocking fee of 10% will be applied.
8. A 10% restocking fee will be deducted for orders that are cancelled more than 24 hours after being placed. Orders returned after 3 failed delivery attempts will be reshipped upon customer confirmation. After 14 days of no customer confirmation, these orders will be cancelled and a 10% restocking fee deducted.

Pricing

Prices will fluctuate and are based on our spot price. As each Menē Product is unique, you accept and agree that there may be a weight fluctuation of up to 0.5 grams from the advertised weight for in stock pieces and up to 1 gram for Crafted-on-Demand pieces.

The real-time value displayed in the My Collection section of a customer’s Menē Dashboard is based on an average weight.

Menē does not provide price adjustments as a result of promotional discounts or metal value changes.

All payments must be made prior to the dispatch of the Product(s) to you. Payment for all Product(s) must be by credit or debit card, Paypal, bank wire, or cryptocurrency. We do not accept payment by cheque. We accept card payment with Visa, Mastercard, and American Express. If we are unable to accept your Order for any reason we will, at our option, either reject your debit or credit card or refund any money paid by you for that Order. We will not dispatch the Product(s) until we receive payment in full. Please note it is possible that your card issuer may charge you an online handling or processing fee for which we are not responsible.

For payment by card, all credit and debit cardholders may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered.

For payment by bank wire, funds must be received within ten (10) business days of acceptance of your order. Failure to send a bank wire will result in the cancellation of your order.

By providing the relevant information to us, you specifically authorise us to transmit or obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details, or credit reports to authenticate your identity and delivery address for the Product(s), validate your payment card, and obtain authorisations for your payments for Product(s).

Shipping

Menē products are shipped with a signature requirement to residential addresses or your place of business only.

Waiving of the signature (Signature Release) will void the shipping insurance and result in no compensation or replacement of your order in the event of loss or damage.

Shipping to post office boxes, post offices, mail forwarding companies, military bases, or hotels is prohibited.

All shipments after the first delivery attempt and shipments being returned to sender will void the shipping insurance. Arranging a hold for customer pickup at a FedEx Ship Center is prohibited.

In the event of loss or damage, you must notify Menē within 3 days of receipt of your order. Failure to do so will result in no compensation or replacement of your order.

Delivery, Title, and Risk

We aim to deliver Product(s) to you within the disclosed timeframe in accordance with the contract between us, though we cannot confirm the date of delivery at the time orders are placed.

We shall not be liable for any locally imposed goods and services taxes, value added taxes, import duties, or other levies imposed by or at the country of delivery. You shall remain solely responsible for any fees, taxes, or charges associated with delivery of the Product(s) to you over and above the insured shipping service provided by Menē on all orders without charge to you.

Ownership and risk of the Product(s) will pass to you on delivery.

Subject to any specific warranties we offer in relation to particular Product(s), or those which are implied by law, we do not offer any warranty or guarantee on our Product(s).

You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible so that we can look into the issue further for you.

Purchased gift cards are issued by email within 48-72 hours of the order being placed.

Nothing in this section affects your legal rights.

Product Information

Please note that some Menē Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger size than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

To determine the correct Menē ring size, the Ring Sizing Charts and Ring Comparison guide must be used to ensure proper fit. Please refer to the following Help Center articles for assistance in using the guides:

• How do I find my ring size?
• How do I print the sizing guides correctly?

Using sizing tools not issued by Menē, such as a mandrel purchased at a local jewelry store, will result in incorrect sizing due to the lack of industry measurement standards.

Menē Lifetime Guarantee

All Menē Products come with a certified lifetime guarantee, which allows you to exchange or sell your Menē jewelry at any time for its current value, minus a 10% fee (“Lifetime Guarantee”).

US and Canada

A buyback must be requested from your Menē Dashboard. Requests can only be made 60 days after the order is fulfilled.

International

For buyback requests outside the US and Canada, please contact Customer Care for further instructions.

When returning your product for a Buyback, you will receive payment for its metal value on the day of assessment minus a 10% Buyback fee.

All Menē Credit used to purchase the returned product will be fully reissued. Discount codes applied to your original purchase will not be reissued.

You will be emailed a prepaid, insured return shipping label within seven (7) business days of return approval. Buyback requests will be cancelled if the product is not returned to Menē within three (3) weeks of receiving the return shipping label.

The return package must include only the products you have selected to return. Shipping insurance will not cover additional items included in the package.

The items you wish to return must be packaged in two (2) shipping boxes by you and not by the carrier. Completely seal all boxes with packing tape. Drop-off is allowed at the following locations only:

• FedEx: FedEx Store or FedEx Ship Center
• UPS: Official UPS Store or UPS Access Point

A receipt must be obtained to confirm that the package was dropped off.

Your returned product will be assessed for authenticity within seven (7) business days of receipt by Menē. Payment will be issued within seven (7) business days of the assessment.

You must include the Certificate of Authenticity for the returned product. Otherwise, you will be charged a 5% assessment fee.

Menē is not responsible for any loss that may occur if these instructions are not followed.

Products ordered with the Affirm payment method must be paid in full in order to be eligible for the Menē Lifetime Guarantee and to exchange or sell the item.

The Lifetime Guarantee is not valid for gifted items not transferred to the gift recipient's Menē account. Please see our Help Center article for instructions on transferring a gifted item.

Returns of non-engraved items

If you are not completely satisfied with your order, you may return it for merchandise credit (Menē Credit) within seven (7) days of receipt via the My Collection section of your Menē account.

Please contact Customer Care to request a return for a refund.

If you return your product for a Menē Credit refund, you will receive merchandise credit for its full value.

If you return your product for a refund using the original payment method of your order, you will receive a refund for its full value minus a 10% restocking fee.

All Menē Credit used to purchase the returned product will be fully reissued. Discount codes applied to your original purchase will not be reissued.

You will be emailed a prepaid, insured return shipping label within seven (7) business days of return approval. You must return your Menē product within seven (7) days of receipt of the return shipping label.

The return package must include only the products you have selected to return. Shipping insurance will not cover additional items included in the package.

The return package must include only the products you have selected to return. Shipping insurance will not cover additional items included in the package.

The items you wish to return must be packaged in two (2) shipping boxes by you and not by the carrier. Completely seal all boxes with packing tape. Drop-off is allowed at the following locations only:

• FedEx: FedEx Store or FedEx Ship Center
• UPS: Official UPS Store or UPS Access Point

A receipt must be obtained to confirm that the package was dropped off.

Your returned product will be assessed for authenticity within 7 business days of receipt by Menē. A refund will be issued within 7 business days of the assessment. You must include the Certificate of Authenticity for the returned product. Otherwise, you will be charged a 5% assessment fee.

Menē is not responsible for any loss that may occur if these instructions are not followed.

Returns of engraved items

Engraved items are final sale and are not eligible for return.

Redemption and the Chain of Integrity

Menē reserves the right to refuse receipt of any returned piece which is not a Menē Product.

By returning a piece to Menē, you accept that you shall be liable for all or any fees applied in relation to the same.

Menē Account, Discount, and Credit Policies

Please refer to the terms of our Menē Account, Discount and Credit Policy, to ensure that your order can be processed efficiently:

Menē Account

Each Menē customer may sign up for one (1) account only. Should a duplicate Menē account be found, any order placed with any of the accounts will be cancelled immediately and Menē Credit and/or discounts used in the order will be deemed invalid.

Menē Discounts and Credits

Earned Menē Credit and/or discounts may be applied against the cost of purchases from the Website. They must be done in accordance with the following terms:

1. Any and all Menē Credit and/or discounts applied must not exceed 25% of the order value. For example, a $100 credit can be used if the order value is $400 or higher.
2. Only one (1) discount code can be used per order.
3. Any birthday, anniversary, and sign-up credits issued on the same day are invalid.
4. Menē Credit cannot be transferred to your account from another user account.

Referral Program

Upon signing up for a Menē account, you will be provided with a unique referral link (“Invite Link”) that enables you to earn Menē Credit by referring friends and family to the platform. The credit may then be applied against the cost of future purchases from the Website (“Referral Credit”).

Invite Links can be shared directly with family and friends via email, text message, Facebook, and X. When a new Menē account is created using an Invite Link, the new customer and the referrer will receive a Referral Credit for $5, up to a maximum of $50. When a new customer makes their first purchase of $200 or more, the new customer and the referring customer will receive a Referral Discount code of up to $50. The Referral Discount code is only available for purchases up to 18 months after creating a Menē account.

Menē Credit earned from referrals is listed in the Earn section alongside corresponding Menē Credit codes, which can be applied at checkout when purchasing Menē Products.

Earnings from referrals are listed in the Credits section along with corresponding codes and validity. The discount code can be applied at checkout when purchasing Menē products.

The following referral program restrictions apply:

1. You will indemnify Menē and explicitly agree and accept that Menē is released from any claim by you for a Referral Credit in the event that you have not complied with these terms.
2. If you use a website or social media platform to share your Invite Link(s), we reserve the right to terminate your participation in the Program should we determine that you or your website is unsuitable or becomes unsuitable for the Program. You agree that you and (where applicable) your website (or any other website you operate or control) will not: (a) promote sexually explicit materials, violence, illegal activities, or discrimination based on, inter alia, race, sex, religion, nationality, disability, sexual orientation, or age; (b) incorporate any materials that infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law; (c) make any representations, warranties, or other statements concerning Menē or any of their respective products or services, except as expressly authorized herein; (d) be in any way unlawful, harmful, threatening, defamatory, obscene, harassing, abusive, or racially, ethnically or otherwise objectionable to us in our sole discretion (“Objectionable Content”); (e) contain software downloads that potentially enable diversions of commission from other affiliates in the Program; (f) promote any illegal activity, including, but not limited to, warez, cracking, and hacking sites or any website that Menē considers inappropriate.
3. It is your responsibility to ensure your own compliance with the laws and regulations of the jurisdiction in which you reside, including but not limited to, any requirements relating to disclosure of commissions, data protection, and tax. You must not participate in the Program where doing so would be prohibited by any applicable law or regulation.
4. It is your responsibility to ensure your own compliance with the terms, conditions, guidelines, and policies of any third party services used by you in connection with the Program, including but not limited to email providers, social networking services, and ad networks.
5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your website. You must have express permission to use any copyrighted material, whether it be writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use copyrighted material or other intellectual property in violation of the law or any third party rights.
6. You will not infringe any copyright, trademark, or intellectual property rights when promoting Menē to potential customers, which includes, but is not limited to, the use of images, video, or written material in your promotional materials and campaigns.
7. Menē has the right to monitor your website(s) at any time to determine whether you are acting in accordance with these terms.
8. Menē reserves the right to terminate this relationship and your participation in the Program immediately and without notice to you should you commit fraud, misuse your membership, or abuse the Program in any way. If any such fraud or abuse is detected, Menē shall not be liable to you for any Referral Credit for such referrals.
9. Menē may, from time to time, at its discretion, change, suspend or discontinue any aspect of the Program or remove, alter, or modify any tags, text, graphic or banner ad in connection with a link.
10. Menē has a strict no spam policy. You agree that, if you promote Menē via email, you accept responsibility for ensuring that your mailing lists are up to date, “opt-in” only, and fully compliant with your local data protection legislation, the federal CAN-SPAM Act of 2003, Canada’s Anit-Spam Law, and data protection and spam legislation where the recipient is based (the “Spam Laws”). All emails sent in connection with the Program must include the appropriate party’s opt-out link.
11. It is solely your obligation to ensure that your communications comply with the Spam Laws and any applicable local data protection legislation. You agree not to rely upon Menē’s approval of your email for compliance with the Spam Laws, or assert any claim that you are in compliance with the Spam Laws based upon Menē’s approval.
12. Other prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups. You may post to newsgroups to promote Menē, provided that the newsgroup explicitly welcomes commercial messages.
13. Participants who, among other keywords or exclusively bid in their Pay-Per-Click (“PPC”) campaigns or keywords such as Menē.com, Menē, www.Menē, www.Menē.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from the Program. We reserve the right to expel any trademark violator from our Program without prior notice and on the first occurrence of such PPC bidding behavior, and to withhold payment of all Referral Credit(s).
14. You are expressly prohibited from using any persons, means, devices, or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the links or the generation of Referral Credits or exceed your permitted access to the Program. Such acts include but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. Menē shall make all determinations about fraudulent activity in its sole discretion.
15. Each party to these terms is an independent contractor in relation to the other party with respect to all matters arising under these terms. Nothing herein shall be deemed to establish a partnership, joint venture, association, introducing broker, money manager, or employment relationship between the parties. You will have no authority to make or accept offers or representations on Menē’s behalf.

General terms

Entire Agreement: These Terms, the Terms of Use, and Privacy Policy shall constitute the entire agreement between the parties. In the event any provision (or part of any provision) of these terms shall for any reason be held by a court or any other competent authority to be invalid, illegal, or unenforceable, that provision, to the extent required, shall be deemed deleted and the remaining provisions shall remain valid and enforceable.

Notices: All notices given by you to us must be given in writing to the postal or email address set out at the beginning of these Terms. We may give you notice at either the email or postal address you provide to us when placing an Order.

Force majeure: Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations.

Market disruption: In the case of market distortion, volatile markets, systems (including third party systems upon which Menē is reliant) being hacked, and market disruption, Menē reserves the right to adjust an order if the metal and currency quotes received from Menē’s data source, when the order was placed, is found to be incorrect. Menē will contact you if an order needs to be adjusted due to incorrect market data, and you may cancel the order if you do not want to trade on the corrected market rate.

Law and forum: These terms will be governed by and interpreted in accordance with the laws of New York. Except as otherwise agreed by the parties, you agree to irrevocably submit to the nonexclusive jurisdiction of the courts of New York state for the purpose of any suit, action or other proceeding arising out of these terms or your use of the Menē Website.

Language: The parties to this Agreement agree that this Agreement and any related document be written in English. Notwithstanding any other provision of these terms, any translation of these terms is provided for your convenience only. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Rights of third parties: A person who is not a party to this Agreement shall not have any rights under or in connection with it.

No Waiver: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.