OpenFuture

Terms of Service

Last Updated: July 15, 2026

OpenEvidence Inc. (“Company”) operates OpenFuture, a platform that uses artificial intelligence to generate investment research memos and provide a conversational research interface for professional investors (the “Service”).

By accessing or using any part of the Service, clicking on the “I accept” button or equivalent, or completing the account registration process, you agree to these Terms of Service (the “Terms”). If you do not agree, do not use the Service. You represent and warrant that you have the authority to enter into these Terms personally or, if you are accessing or using the Service on behalf of an entity, on behalf of the entity identified in the account registration process. Company may modify these Terms at any time by posting the revised version, and your continued use constitutes acceptance.

Dispute Resolution: PLEASE READ THESE TERMS CAREFULLY AND BE AWARE THAT SECTION 10 PROVIDES THAT, UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST ACCEPTING ANY VERSION OF THESE TERMS CONTAINING AN ARBITRATION AGREEMENT, ALL DISPUTES BETWEEN YOU AND COMPANY, WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 10 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.

1. The Service.

1.1 Description; Beta Status. The Service is a pre-release beta product. You may submit public-company tickers or upload documents, and the Service will generate investment research memos and facilitate research conversations using third-party AI model providers and publicly available information. Features, functionality, and availability may change or be discontinued, and pricing may change, at any time without notice.

1.2 Accounts. You must create an account to access the Service. You are solely responsible for all activity under your account and for maintaining the confidentiality of your credentials. You represent that all registration information you provide is accurate and current.

2. User Content; Outputs.

2.1 Definitions. “User Content” means any documents, files, tickers, images, chats, queries, or other materials you submit or upload to the Service. “Outputs” means any investment research memos, ratings, analyses, summaries, or conversational responses generated by the Service in response to your User Content.

2.2 Use of User Content and Outputs. Company may use, process and transmit User Content and Outputs solely as necessary to provide the Service to you. Company shall treat User Content and Outputs as confidential and shall not use User Content or Outputs to train, improve, or fine-tune any model or algorithm and shall not de-identify, aggregate, or exploit User Content or Outputs for any purpose other than providing the Service. Company shall not disclose User Content or Outputs to any third party except (a) to service providers, subprocessors, and third-party AI model providers, solely as necessary to provide the Service; or (b) as required by applicable law or valid legal process.

2.3 Data Security and Deletion. Company employs commercially reasonable technical, organizational, and physical safeguards designed to protect User Content and Outputs, including encryption of data at rest. You may request deletion of your User Content and associated Outputs and personal information at any time through the functionality made available within the Service. Upon such deletion, Company shall remove the applicable User Content, Outputs, and personal information from its systems within a commercially reasonable timeframe, subject to any retention required by applicable law or valid legal process.

2.4 Your Representations Regarding User Content. You represent and warrant that (a) you have all rights, licenses, consents, and permissions necessary to submit User Content to the Service and to grant the license set forth above; and (b) User Content does not infringe or misappropriate any third party’s intellectual property rights or other proprietary rights.

2.5 Ownership of Outputs. As between you and Company, you own all right, title, and interest in and to the Outputs. You acknowledge and agree that the Service may generate outputs for other users that are similar or identical to the Outputs, because the Service draws on publicly available information and common analytical methodologies.

3. Use Restrictions.

You shall not: (a) use any automated system, including any robot, spider, scraper, or data-mining tool, to access, scrape, crawl, or collect any data or content from the Service; (b) copy, modify, distribute, or create derivative works of any part of the Service; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of any part of the Service, except to the extent expressly permitted by applicable law that cannot be waived by contract; (d) share your account credentials with, or otherwise permit or grant access to the Service to, any unauthorized third party; or (e) access the Service in order to build a similar or competitive product or service.

4. Intellectual Property.

The Service and all related technology, models, algorithms, content, trademarks, and materials (excluding User Content and Outputs) are and shall remain the exclusive property of Company or its licensors. Subject to these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your own internal business purposes. Nothing in these Terms transfers to you any ownership interest in the Service or any component thereof. If you provide any suggestions, ideas, or other feedback regarding the Service (excluding your User Content and Outputs), Company may use such feedback for any purpose without restriction, compensation, or obligation of any kind to you.

5. Beta Credits.

The Service is currently available for a limited beta period (“Beta Period”). During the Beta Period, Company may provide you with a complimentary allotment of credits (“Beta Credits”) to access and use certain features of the Service, as specified in the account registration process or as otherwise communicated to you by Company. Beta Credits represent a limited, complimentary entitlement to use designated features of the Service during the Beta Period. Beta Credits are issued solely at Company’s discretion and may be modified, reduced, supplemented, or discontinued by Company at any time without notice. Beta Credits have no cash value and cannot be transferred for value, traded, sold, exchanged, or redeemed for cash, other credits, or any subscription plan. Beta Credits may not be applied to any other account. Beta Credits are not your property, and you have no property rights or other legal interest in Beta Credits. Beta Credits are not a commitment by Company to offer any particular pricing, functionality, or access following the conclusion of the Beta Period. Beta Credits will expire upon the earlier of: (i) the conclusion of the Beta Period, as determined by Company in its sole discretion; (ii) termination or suspension of your account; or (iii) any expiration date communicated to you by Company at the time Beta Credits are issued. Expired Beta Credits are forfeited without compensation. Following the conclusion of the Beta Period, continued access to the Service may require the purchase of a subscription plan or a one-time credit package, as made available by Company at that time. All fees paid are non-refundable to the maximum extent permitted by applicable law. Beta Credits will not carry over to, or be exchangeable for, any paid credits or subscription plan.

6. DISCLAIMERS.

6.1 WARRANTY DISCLAIMER. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S SOLE DISCRETION.

6.2 AI DISCLAIMER. YOU ACKNOWLEDGE THAT THE SERVICE LEVERAGES ARTIFICIAL INTELLIGENCE FEATURES AND FUNCTIONS AND THAT ARTIFICIAL INTELLIGENCE IS A RAPIDLY EVOLVING FIELD. THE PROBABILISTIC NATURE OF ARTIFICIAL INTELLIGENCE MEANS THAT THE SERVICE MAY PRODUCE INACCURATE, INCOMPLETE, OR MISLEADING OUTPUTS, INCLUDING WITHOUT LIMITATION INFORMATION THAT MAY APPEAR PLAUSIBLE BUT IS FACTUALLY INCORRECT. NO WARRANTIES ARE MADE BY COMPANY WITH RESPECT TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY OUTPUTS OR ANY AI FEATURES OR FUNCTIONS OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR THOROUGHLY REVIEWING, EVALUATING, AND INDEPENDENTLY VERIFYING ALL OUTPUTS AND CONFIRMING THEIR APPROPRIATENESS AND ACCURACY FOR YOUR INTENDED USE CASE BEFORE ANY USE OF OR RELIANCE UPON SUCH OUTPUTS.

6.3 NOT FINANCIAL ADVICE; AI-GENERATED RATINGS. THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE INVESTMENT, FINANCIAL, TAX, OR LEGAL ADVICE; COMPANY IS NOT A BROKER, DEALER, OR FINANCIAL ADVISOR, AND NOTHING IN THE SERVICE CONSTITUTES AN OFFER OR SOLICITATION TO BUY, SELL, OR HOLD ANY SECURITY OR ASSET. ANY RATINGS, SCORES, OR RECOMMENDATIONS (INCLUDING WITHOUT LIMITATION “BUY,” “NEUTRAL,” OR “SELL” DESIGNATIONS) GENERATED BY THE SERVICE ARE PRODUCED ENTIRELY BY ARTIFICIAL INTELLIGENCE BASED ON PUBLICLY AVAILABLE INFORMATION OR OTHER THIRD-PARTY DATA, DO NOT REFLECT THE VIEWS, OPINIONS, OR RECOMMENDATIONS OF COMPANY OR ANY OF ITS PERSONNEL, AND SHALL NOT BE CONSTRUED AS A RECOMMENDATION OR ENDORSEMENT OF ANY PARTICULAR INVESTMENT ACTION. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN INVESTMENT DECISIONS AND SHOULD NOT RELY ON ANY SUCH RATING OR DESIGNATION WITHOUT INDEPENDENT ANALYSIS AND THE ADVICE OF A QUALIFIED FINANCIAL ADVISOR.

6.4 DUE DILIGENCE AND DATA RELIABILITY. THE SERVICE RELIES ON PUBLIC INFORMATION AND THIRD-PARTY DATA THAT COMPANY DOES NOT CONTROL AND THAT COMPANY DOES NOT REPRESENT TO BE ACCURATE, COMPLETE, OR CURRENT. SUCH DATA IS SUBJECT TO CHANGE AND REVISION BY THIRD-PARTY DATA PROVIDERS, AND COMPANY DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH DATA. COMPANY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY LIABLE, FOR THE CONDUCT OF SUCH THIRD PARTIES OR ANY DATA PROVIDED BY THEM. THE SERVICE IS NOT, AND SHOULD NOT BE CONSIDERED, A COMPLETE SOURCE OF INFORMATION ON ANY PARTICULAR COMPANY, INVESTMENT, ASSET, OR MARKET, AND DOES NOT INCLUDE EVERY FACTOR THAT MAY BE NECESSARY FOR YOU TO MAKE AN INVESTMENT DECISION. BEFORE MAKING ANY INVESTMENT DECISION, YOU SHOULD READ THE APPLICABLE ISSUER’S FINANCIAL STATEMENTS AND OTHER REPORTS (E.G., ANNUAL REPORTS, FORMS 10-K, 10-Q, AND 8-K) OR, IN THE CASE OF INITIAL PUBLIC OFFERINGS OR NEW ISSUANCES, THE APPLICABLE OFFERING DOCUMENTS OR REGISTRATION STATEMENTS. YOU SHOULD ALSO CONSIDER RISKS ASSOCIATED WITH THE TRADING OF ANY ASSET OR SECURITY, INCLUDING VOLATILITY IN THE MARKET AND IN INDIVIDUAL ASSETS OR SECURITIES. WHERE THE SERVICE IDENTIFIES ASSETS OR SECURITIES BY NAME OR PROVIDES HYPERLINKS TO ADDITIONAL INFORMATION, SUCH IDENTIFICATION OR LINKING SHALL NOT BE CONSTRUED AS A RECOMMENDATION OR ENDORSEMENT. YOU SHOULD NEVER MAKE INVESTMENT DECISIONS BASED SOLELY ON INFORMATION CONTAINED WITHIN THE SERVICE, AND YOU SHOULD ASSUME THAT ALL INFORMATION PROVIDED REGARDING COMPANIES, INVESTMENTS, ASSETS, AND MARKETS IS NOT TRUSTWORTHY UNLESS VERIFIED BY YOUR OWN INDEPENDENT RESEARCH.

6.5 INVESTMENT RISK. INVESTING IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK, INCLUDING POSSIBLE LOSS OF PRINCIPAL; PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, AND NO REPRESENTATION IS MADE THAT ANY INVESTMENT WILL ACHIEVE PARTICULAR RESULTS. THE SERVICE DOES NOT ACCOUNT FOR YOUR PARTICULAR INVESTMENT OBJECTIVES, FINANCIAL SITUATION, OR NEEDS, AND YOU SHOULD CONSULT A QUALIFIED FINANCIAL ADVISOR BEFORE MAKING ANY INVESTMENT DECISION.

6.6 THIRD-PARTY SERVICES; DISCLOSURE OF OUTPUTS. COMPANY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING ANY THIRD-PARTY PROVIDERS OF AI SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU SHALL ENSURE THAT ANY THIRD PARTY TO WHOM YOU PROVIDE OR DISCLOSE OUTPUTS UNDERSTANDS THAT SUCH OUTPUTS ARE AI-GENERATED, ARE NOT THE ADVICE OR RECOMMENDATIONS OF COMPANY, AND ARE SUBJECT TO THE DISCLAIMERS SET FORTH IN THESE TERMS.

6.7 BETA FEATURES. FROM TIME TO TIME, COMPANY MAY OFFER “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

7. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “Company Parties”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO COMPANY BY YOU DURING THE THREE (3)-MONTH PERIOD IMMEDIATELY PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) ONE HUNDRED DOLLARS ($100); OR (C) IF APPLICABLE, THE MINIMUM STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.

8. Indemnification.

You shall indemnify, defend, and hold the Company Parties harmless from and against any and all claims, demands, actions, suits, proceedings (including regulatory investigations, inquiries, and enforcement actions), losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs of investigation) arising out of or related to: (a) your use of or access to the Service; (b) your breach of these Terms or any representation or warranty contained herein; (c) your violation of any applicable law, rule, regulation, or third-party right; (d) your provision, distribution, or disclosure of Outputs or any related advice, analysis, or recommendations to any unauthorized third party; (e) any investment, trading, financial, or business decision made by you or any third party in reliance on or in connection with any Outputs; or (f) your User Content.

9. Termination.

These Terms are effective until terminated. Company may suspend or terminate your access to the Service immediately, without prior notice, if you breach any provision of these Terms, violate applicable law, or engage in conduct that Company reasonably determines may expose Company to liability or harm the Service or its users. If Company terminates your access without cause during a paid subscription period, Company shall refund to you a pro-rata portion of any prepaid fees attributable to the unused remainder of such subscription period; no other refund, credit, or compensation shall be due. Upon termination for any reason, your license to use the Service immediately ceases. You acknowledge and agree that the Company Parties shall have no liability to you or any third party for any suspension or termination of your access to the Service, any deletion of your account, User Content, or Outputs, or any loss, cost, or damage arising from or related to any of the foregoing, except for Company’s obligation to provide the pro-rata refund described in this Section. Sections 2 and 4-11 shall survive any termination or expiration of these Terms.

10. Arbitration Agreement.

10.1 Arbitration of Disputes; Jury Trial Waiver. Subject to the terms of this agreement to arbitrate (“Arbitration Agreement”), you and Company agree that all disputes or claims between you and Company that arise out of or relate in any way to your use of or access to the Service, or to these Terms, including prior versions of these Terms (each, a “Dispute”), will be resolved by binding arbitration. By entering into this Arbitration Agreement, ALL PARTIES ARE WAIVING THEIR RESPECTIVE RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. This Arbitration Agreement is intended to be broadly interpreted and includes, for example, Disputes brought under any legal theory or that arose before you first accepted any version of these Terms containing an arbitration provision. This Arbitration Agreement does not preclude any party from (1) bringing claims in small claims court if such claims qualify and remain in small claims court; or (2) seeking equitable relief in a court of appropriate jurisdiction for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

10.2 Informal Dispute Resolution. Before initiating any proceeding according to the terms of this Arbitration Agreement, as a condition precedent to doing so, you and Company agree to try to first resolve Disputes informally by contacting the other party in writing (the “Notice of Dispute”). If the Dispute is not resolved within forty-five (45) days after submission of the Notice of Dispute, you or Company may commence arbitration or, in the limited circumstances described in the subsection above, an alternative legal proceeding. Any applicable statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal Dispute resolution process. You and Company agree that any Dispute subject to arbitration under this Arbitration Agreement not resolved informally must be filed in arbitration within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

10.3 Arbitration Procedures. The interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings initiated hereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The National Arbitration & Mediation (“NAM”) will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings (both sets of rules are currently available at https://www.namadr.com/resources/rules-fees-forms/), and as modified by this Arbitration Agreement. All issues are for the arbitrator to decide, including issues related to the scope and enforceability of this Arbitration Agreement and the arbitrability of Disputes, except that only a court of competent jurisdiction may decide issues concerning the validity, enforceability, interpretation, and breach of the “No Class or Representative Actions” subsection below. The arbitration will be conducted in the county where you reside or Wilmington, Delaware, unless the parties agree to another location or the batch arbitration process is triggered per the “Batch Arbitration” subsection below. The arbitrator shall issue a final, binding written award, which may be entered in any court having jurisdiction.

10.4 Confidentiality. To the fullest extent permitted by applicable law, all materials and documents exchanged during the arbitration will be kept confidential.

10.5 Arbitration Fees. The NAM Rules shall govern the payment of arbitration fees. The parties shall bear their own attorneys’ fees and costs unless the arbitrator finds that the Dispute was frivolous and/or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

10.6 No Class or Representative Actions. You and Company agree that, by entering into this Arbitration Agreement, ALL PARTIES MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a final decision, not subject to any further appeal or recourse, determines that this Arbitration Agreement is invalid or unenforceable as to any particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that only that particular claim or request for relief shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware.

10.7 Batch Arbitration. Notwithstanding the “No Class or Representative Actions” subsection above, to increase the efficiency of administration and resolution of arbitrations, you and Company agree that, in the event there are ten (10) or more individual requests for arbitration of a substantially similar nature (i.e., requests that arise out of or relate to the same or similar facts and raise the same or similar legal issues and requests for relief) filed against Company by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of one hundred (100) requests per batch (or, if between ten (10) and ninety-nine (99) individual requests are filed, a single batch of all those requests, and, to the extent there are fewer than one hundred (100) requests remaining after the batching described above, a final batch consisting of the remaining requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). If there is any dispute about the applicability of these Batch Arbitration procedures, NAM shall appoint a single administrative arbitrator to determine the applicability of the Batch Arbitration process. The administrative arbitrator’s fees shall be paid by Company.

10.8 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement. If you do not wish to be bound by this Arbitration Agreement, you must send written notice to Company within thirty (30) days of first accepting any version of these Terms containing an Arbitration Agreement. You must send this notice to legal@openfuture.com or OpenEvidence Inc., 215 NW 24th St., Suite 300, Miami, Florida 33127, and must include: (1) your name and address; (2) the email address you used to set up your account (if you have one); and (3) an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have, or may enter in the future, with Company.

10.9 Changes to the Arbitration Agreement. The parties agree that Company retains the right to make changes to this Arbitration Agreement in the future. You may reject any such change by notifying Company within thirty (30) days of that change at legal@openfuture.com or OpenEvidence Inc., 215 NW 24th St., Suite 300, Miami, Florida 33127. Unless you reject the change within thirty (30) days, your continued use of the Service constitutes your acceptance of the change. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you did not previously properly opt out per the requirements in the “30-Day Right to Opt Out” subsection above. By rejecting a future change, you remain bound to arbitrate any Dispute in accordance with the terms of this Arbitration Agreement, as modified by any changes to the Arbitration Agreement you did not reject. Company will continue to honor any valid opt outs to the Arbitration Agreement, and you do not need to submit a rejection of future changes to this Arbitration Agreement if you properly opted out per the requirements in the “30-Day Right to Opt Out” subsection above.

11. Miscellaneous.

These Terms are governed by the laws of the State of Delaware without regard to conflict-of-laws principles. If any provision(s) of these Terms or any portion of any provision(s) are found to be invalid or unenforceable, all other provisions and portions of such provision(s) shall remain in full force and effect. You may not assign or transfer these Terms without Company’s prior written consent. These Terms constitute the entire agreement between you and Company with respect to the Service and supersede all prior agreements and understandings. Company’s failure to enforce any provision shall not constitute a waiver thereof.

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