Client Agreement and General Terms & Conditions
1. Acknowledgement
1.1. This Client Agreement and General Terms & Conditions (hereinafter referred to as
“Agreement”) is subject to your acknowledgement PRIOR to opening an account with optimal fx Trader
Options. By opening an account and/or using our services you confirm that the Agreement has been read
and understood by you and that you unconditionally agree to accept it and be bounded by its provisions.
In case you do not agree (partially or wholly) with the terms set forth in the Agreement, please DO NOT
proceed with registering with Coin-Go .
2. Agreement
2.1. The Agreement is settled between Coin-Go Inc., having its principal address at Flat B, 31
Cranbury Avenue, Cranbury Avenue, Southampton, England, SO14 0LR, operating under the trading name
“Coin-Go” (hereinafter referred to as the “Company”) and yourself (hereinafter referred to as the
“Client”).
2.2. All the relations, interactions, communication, services provision and other means of
cooperation between the Company and the Client are solely ruled by the Agreement without any exceptions,
unless stated otherwise. None of the contractual obligations stated in the Agreement can be rejected on
the basis of the fact that the Agreement is a “distance contract”.
2.3. The Client understands that the Agreement can be only in effect in case the Client is of legal
age. Under no circumstances shall the Company provide any services to any person under 18. All the
accounts, data, history, log files and any other information of such persons shall be voided immediately
without any possibility of restoration.
3. Services
3.1. The scope of the services offered by the Company is as follows:
3.1.1. Trading platform designed for Binary Options trading via Internet
3.1.2. Execution of Binary Options trading orders
3.1.3. Market data (including but not limited to) currency pairs, metals, spot options, exchange
data, commodities, shares market prices, market news, trading signals, analysis tools.
3.1.4. Trading accounts denominated in US Dollars and Euro
3.1.5. Acceptance, processing and segregation of the Clients’ deposits and funds and processing
Clients’ withdrawals
3.1.6. Information provided at Coin-Go.
3.1.7. Customer Support via a variety of communication channels (such as live chat, email,
telephone, or other means available at the moment).
3.1.8. Any other services offered via Coin-Go or trading platform that are rendered by the third
party providers.
3.2. The list of the services provided may be updated from time to time at the Company’s sole
discretion, subject to a prior notice.
4. “Non Grata” Jurisdictions
4.1. The Company reserves the right to discontinue offering the aforementioned services in certain
jurisdictions and/or countries at any time at its sole discretion. The Clients originating and/or
residing in such countries will not be allowed to use the Company’s services. No USA citizens or
residents are served at present.
4.2. The amendments to the restricted countries list can be performed by the Company at any time
without prior notice whenever deemed necessary.
5. Age restrictions and eligibility
5.1. The Company’s services (partially or on the whole) are solely available for those capable of
signing legally binding contracts and of legal age. Under no circumstances shall the Company provide any
services to persons under 18. Such accounts, in case opened, shall be automatically closed and (if
necessary) refunded. No exceptions shall be made from this provision.
5.2. The Company reserves a right to deny a Client, refuse to provide its services to a particular
individual or a legal entity, cancel any of his/her/its accounts, and discontinue serving the Client at
the Company’s sole discretion without explaining the reason. Such cancellations shall be the subject of
a prior written notice.
5.3. The Company shall not be liable in any way for any piece of information published at Coin-Go by
third parties (such as public comments, judgements, advices, opinions, etc) and for any information
regarding the Company in any other websites. By the nature of the Internet none of the information can
be fully controlled and must therefore be considered carefully prior to making any decisions and/or
actions on its basis.
6. KYC procedures
6.1. Upon registration with Ideal Trader Options and, therefore, acceptance of the Agreement, a
Client shall be provided with an account at Ideal Trader Options. The account owner data as well as the
other relevant details shall be provided by the Client as required by the Company and the regulation.
6.2. The information provided (such as the Client’s name, address, phone number, mobile number,
email, etc) shall be subject to KYC procedures and verification.
6.3. It is the Client’s sole responsibility and obligation to ensure the information provided is
correct, complete, true, accurate, relevant and up-to-date.
6.4. The provision of misleading, false or outdated information may be considered a legal offence
and may lead to the immediate closure of the Client’s account.
6.5. In any cases when the Security department has grounds to suspect that account has been accessed
and used by a third party, the Company reserves a right to request a video call via Skype to confirm
Client’s identity. In such case the Client must be able to confirm during the video call his/her trade
patterns and provide the Company with identification documents. In case of strong grounds’ presence to
presume that account has been seized by a third party the Company reserves a right to stop all activity
of the account until the identification video call via Skype is made. In considerations of privacy of
the Company’s Security department agents during the video call the Client will not have a video of
agents.
If during 15 days after the request submission to confirm the identity of the account holder the
Client hasn’t contacted the Company providing convenient time for the call, the Company reserves a right
to terminate the account without the reimbursement of any losses or profits.
6.6. According to the regulatory requirements, a complete compliance shall be performed by the
Company on the Client’s information. The scope of the measures constitutes Ideal Trader Options AML
policy.
6.7 As a part of the AML policy the client shall be required to verify his/her account information
prior to performing any financial or trading transactions. The verification shall include the submission
of a color passport/ID copy, residence address proof, credit card possession proof (if applicable) and
other documents as required by the EU AML directives. The scope of the documents required can be amended
by the Company in accordance with the legislation.
If requested documents are not provided during 30 days the Company has a right to refund the deposit
and terminate the account. Profits or losses will not be reimbursed in such cases.
7. Investment advice waiver
7.1. The Client unconditionally agrees that no information provided to the Client by Ideal Trader
Options by means of the website, trading platform or any other means shall be considered an investment
advice from the Company. None of the information published by the Company shall be intended to affect
the Client’s trading decision(s) in any way. The Company shall not bear any liabilities thereof and
shall not be liable for any losses incurred as a result of the Client’s trading.
7.2. The losses that the Client may bear are restricted solely by his/her personal funds deposited
into the Company. No additional fees can be implied as a result of the Client’s trading.
8. Client’s obligations
8.1. By entering the agreement the Client unconditionally confirms that:
8.1.1. All the personal data provided by the Client upon opening the account with Ideal Trader
Options are accurate, up-to-date, correct and true
8.1.2. The Client is of legal age.
8.1.3. The Client is the sole owner and beneficiary of his/her account
8.1.4. It is the Client’s sole responsibility to ensure that there are no legal or any other causes
preventing him/her from using the Company’s services. The Company shall not be liable for using its
services in the jurisdictions which restrict or prohibit binary options trading in any way. Such cases
shall be considered abusing the Company’s services and the Company shall not bear any responsibility for
the legal consequences of such actions.
8.1.5. The funds deposited by the Client have legal origin and do not originate from any sort of
criminal activity or any other activity prohibited by the law.
8.2. The Clients acknowledges that he/she is solely and completely responsible for any activities
performed in his/her accounts, including deposits, withdrawals, any placed or displaced orders. The
Client acknowledges that under no circumstances the Company shall be liable for the outcomes or
consequences.
8.3. The Client acknowledges that it is his/her sole responsibility to keep all the account
credentials (such as logins, passwords, email addresses, etc) safe and unreachable for any third party.
The Company shall not be liable to any damages or losses incurred as a result of the Client’s granting
(intentionally or unpremeditatedly) the access to the account to any third parties.
8.4. The Client understands and accepts the risks involved into the binary options trading. The
Client has read and understood the Risk Notice available at Coin-Go prior to opening the account with
Ideal Trader Options.
8.5. The Client acknowledges that the Company shall not be liable for any technical malfunctions of
whatever nature on the Client’s side. Such may include (but not limited to): internet connection
malfunctions, delays, blackouts, losses of data and speed between the Company’s servers and the Client’s
device(s), any errors or bugs related to any third party (i.e. not provided and/or developed by the
Company) software, any disconnections or other malfunctions of any nature on whatever internet
provider’s behalf, any losses of data on the Client’s side, any operating system failures, any hardware
or software breakdowns on the Client’s side, any malwares, vulnerabilities or viruses, etc. The Company
shall not be liable to any damages or losses incurred as a result of abovementioned events.
8.6. The Client acknowledges that under no circumstances does the Company guarantee flawless and
rapid access to the website and/or platform in all the regions of the world, all the providers and all
the rest means of communication. The Company shall not be responsible for any failures resulting from
the inadequate conditions of internet connection in various regions as well as any other losses and
damages caused by connectivity issues, which the Company can not affect
8.7. The Client shall be solely responsible for his/her taxation obligations, governmental fees or
any other liabilities implied by the law and shall fulfill them on his/her own.
8.8. The Client unconditionally agrees to abide by the Company’s Anti-Money Laundering policy and
remain adherent to it at all times. Any breach of the policy as well as any attempt to perform any
activities that can be considered or fall under suspicion of money-laundering shall lead to the
immediate account termination. The Company reserves a right to report such cases to the corresponding
authorities and bodies.
8.9. The Client acknowledges that under no circumstances any deposits/withdrawals to/from the third
persons shall be performed. Any deposit or withdrawal request intended (or suspected to be intended) to
a third person shall be declined in all cases. By using the Company’s services the Client
unconditionally agrees that any financial transactions (whether in- or outgoing) must be performed
SOLELY by the Client on his/her behalf only. No exceptions shall be made from this provision. Both the
Company and the Client agree to make their best effort to comply with the policy and the international
AML legislation.
8.10. The Client accepts and understands that only one account shall be allowed for a single person.
Opening multiple accounts (unless reasonable grounds provided prior to opening) shall be considered an
abuse and shall be terminated.
8.11. The Client agrees that following or not following any trading signals provided by the Company
in cooperation with third party providers shall remain the Client’s sole decision and responsibility.
The Company shall not be liable for the results of the trading or any losses caused by it.
9. Platform Abuse
9.1. The Client unconditionally agrees that some of the existing trading practices (whether
performed intentionally or not) shall be considered abusive by the Company and shall lead to the account
termination. Such may include (but not limited to):
9.1.1. Abusing or manipulating the prices/quotes
9.1.2. Abusing system errors
9.1.3. Arbitrage trading or latency arbitrage
9.2. It will remain the Company’s policy to ensure the Client’s convenience and positive experience
and to interpret any doubts in favour of the Client. Yet, whenever the Company shall have grounds to
believe the Client intentionally abuses or manipulates the platform, the Company reserves a right to
terminate such account, modify or close existing orders, decline or cancel closed orders. The Company
reserves a right to take appropriate preventive measures to protect itself from any kind of abuse and/or
manipulation.
9.3. According to Company’s policy multiple accounts operations are prohibited. It is not allowed to
trade using third party’s account or give credentials to third party to perform trading on your account.
Evidence of multiple accounts activity includes but not restricted to:
9.3.1. usage of the same IP address
9.3.2. multiple accounts exposing identical deposit/withdrawal patterns
9.3.3. multiple accounts displaying same or identical trading patterns
9.3.4. group trading is considered a commercial trading which is prohibited
Upon the discovery of such actions the Company reserves a right to terminate all affected accounts
without any reimbursement of profit/losses.
10. Withdrawal procedure and regulations
10.1. The Client has a right to withdraw funds from his/her account at any time subject to his/her
own decision.
10.2. All the withdrawals from the Client’s account (regardless of the amount) shall be performed
via withdrawal requests submitted by the Client in the platform only. No requests shall be accepted via
any other means, such as telephone conversations, live chat, email, etc.
10.3. All the data of the requests, transactions and other interactions related shall be logged and
saved accordingly.
10.4. All the withdrawals shall undergo an AML compliance check by the Company. The following
general rules shall be applied:
10.4.1. Withdrawal shall be only performed to the same payment requisites that had previously been
used for depositing the account. In case various requisites were used, the withdrawal shall be performed
on a proportional basis.
10.4.2. In case credit/debit card had been used for deposit, a color photo of the card (with certain
numbers and the CVC hidden) shall be requested prior to withdrawal.
10.5.Note: Mini, Standard, Executive and Vip comes with an upgrade if the profit exceeds expected
Amount. It’s the customers decision to choose any of the upgrade plans above their current/active plan
when upgrading. Also know that there are taxes and brokerage fee to be paid by new investors only.
10.6. Under no circumstances the withdrawal shall be performed to a third party’s payment
requisites.
10.7. In case the Client’s withdrawal request amount exceeds the actual account balance, such
withdrawal request shall be declined.
11. Deposits
11.1. No deposits shall be accepted from the third parties. Such deposits shall be refunded
immediately. This in particular is related to the credit/debit card deposits. The cardholder name
without exceptions must match the account holder name. Any deposits failing to comply with this rule
shall be voided immediately.
11.2. In case the deposit option nature does not presuppose instant credit and requires certain time
to be processed (i.e. local or global bank wire transfer) the deposit shall be performed via a deposit
notice. The deposit notice shall be created by the Client in his/her personal area. Upon reception of
the funds the Company shall process the deposit request accordingly (i.e. credit the Client’s account
with the actual received amount). The Client acknowledges that by nature of the bank transfer in
exceptional cases such request may take up to 14 business days to be processed.
12. Account risks
12.1. The Client acknowledges that by definition he/she is the only person authorized to perform any
trading activity in his/her account. Should the Client decide to grant access to his/her account to any
third person and authorize this person to trade, the Client unconditionally accepts that he/she will
bear complete responsibility for this action. The Company shall not be liable for any results (whether
positive or negative) of such behaviour.
12.2. The deal closes according to the expiration time. If during the low volatility market there
were less than three ticks in a deal it will not be recognized as a valid one. The investment of the
deal shall be reimbursed to the trading balance.
13. Record Keeping
13.1. The Client acknowledges that all the phone conversations, live chat logs, emails and other
conversations shall be recorded by the Company.
13.2. The records shall remain the Company’s property during the whole storage time.
13.3. Under no circumstances shall the Company disclose any information contained in the records
unless requested under the court verdict or any other legal request from the governing bodies.
13.4. The Client agrees that the data may be used for the Company’s marketing and research
activities held from time to time.
14. Reporting
14.1. The Company shall provide trading reports containing the scope of all the Client’s account
activities on a regular basis by email.
14.2. The statement shall be considered correct upon reception by the Client.
14.3. The Client agrees to opt-in to receive the reports by opening the account with Ideal Trader
Options.
14.4. The Client has a right to refuse from receiving the reports at anytime via his/her personal
area.
14.5. The reports shall not be provided in hard-copies.
15. Copyrights
15.1. The Company’s website, all materials and information contained therein, trading platform,
brand name, domain names, etc are protected by the international copyright legislation.
15.2. It is strictly prohibited to copy, represent, or in any other way use this information for the
purpose of promoting whatever activities and/or businesses.
15.3. It is strictly prohibited to copy, publish, display, disclose, rent, modify, lease,
distribute, decompile or reverse engineer the Ideal Trader Options trading platform. Any attempts to do
so shall be the subject of the court hearings in accordance with the international intellectual property
legislation.
16. Other sources
16.1. Links to other websites owned by the third parties may be posted at the Company’s website.
16.2. Such links do not represent authorization, coordination, cooperation, authorization,
affiliation, sponsorship or any other kind of relationship with the aforementioned parties. The Company
shall not be liable to any damages or losses incurred as a result of the usage of the abovementioned
websites.
17. Amendments
17.1. The Company reserves a right to update and/or amend the provisions of these Terms and
Conditions subject to prior notification.
18. Miscellaneous
18.1. These Terms and Conditions together with the Risk Notice, AML Policy and Privacy policy
comprise the complete and entire agreement between the Client and the Company.
18.2. The Terms and Conditions do not constitute nor create any rights nor obligations to any third
party.
18.3. The Client is not allowed to transfer whole or any part of his/her rights or obligations
subject to these Terms and Conditions to any third party.
18.4. Any notices, news, messages send from the Company to the Customers by means of email, phone,
internal platform messages or any other communication means shall be deemed received by the Client
within 24 hours from the release. No claims shall be accepted on the failures of delivery, failures to
receive and/or read them.
18.5. The Terms and Conditions on the whole as well as any disputes arising thereof shall be
governed by the law of St. Kitts and Nevis
19. Force Majeure
19.1. A Force Majeure Event includes, without limitation, any act, incident or circumstance
occasioned by act of God, war, fire, civil commotion, terrorism, flood, storm, interruption of power
supply, electronic, communication equipment failure, civil unrest, act of government, labour dispute,
inability to communicate with quotes providers for whatever reason, the suspension or liquidation of any
third-party whatsoever or any other reason beyond the Company’s reasonable control.
19.2. The Company shall not be liable for any kind of loss or damage incurred by the Client due to a
Force Majeure Event.
19.3. The Client acknowledges that the Company shall in its reasonable opinion determine that a
Force Majeure Event occurred or is about to occur; under such circumstances the Company shall take
reasonable steps to inform the Client.
19.4. If the Company determines that a Force Majeure Event occurred, at Company’s sole discretion
and without prejudice to the Client’s rights under this Agreement, the Company may:
– close any open positions at a price that the Company considers reasonable
– implement amendments to any closed positions
– amend the content of this Agreement by reason of impossibility for the Company to comply with it
– decline or postpone Client’s funds withdrawal in a certain payment system
19.5. The Company shall not be considered in breach of this Contract to the extent that performance
of its respective obligations (excluding payment obligations) is prevented by a Force Majeure Event that
arises.
19.6. If a Force Majeure Event occurs, The Company shall, at all times take all reasonable steps
within its respective powers and consistent with good faith and international industry practices (but
without incurring unreasonable additional costs and at Company’s sole discretion) to resolve every
situation as it deems appropriate.
RISK DISCLOSURE STATEMENT
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, THE SERVICES PROVIDER MATERIALS
AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SERVICES PROVIDER ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS AND SERVICES PROVIDER EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL
OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES
ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING,
SERVICES PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR SERVICES PROVIDER
MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SERVICES PROVIDER DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR
REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND
AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH
RESPECT TO YOUR USE AND ACCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND
AND AGREE THAT SERVICES PROVIDER WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING
TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF
SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA AND (D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS,
OMISSIONS OR VIOLATION OF THIS AGREEMENT.
In consideration of the Service Provider agreeing to enter into Agreement with the Customer,
Customer acknowledges, understands and agrees that:
Trading Non-Deliverable Bitcoin Settled Products are Very Speculative and Risky. Trading
Non-Deliverable Bitcoin settled products are highly speculative and is suitable only for those Customers
who (a) understand and are willing to assume the economic, legal and other risks involved, and (b) are
financially able to assume losses significantly in excess of Margin or deposits.
Trading with Non-deliverable Bitcoin settled products are not an appropriate investment for
retirement funds. Customer represents, warrants and agrees that Customer understands these risks; that
Customer is willing and able, financially and otherwise, to assume the risks of Trading with
Non-Deliverable Bitcoin settled products and that loss of Customer’s entire Account Balance will not
change Customer’s life style.
High Leverage Can Lead To Quick Losses. The high leverage associated with trading with
Non-Deliverable Bitcoin settled products can result in significant losses due to price changes.
Customers must maintain the minimum margin requirements on their open positions at all times. It is the
Customer’s responsibility to monitor his/her account balance. The Service Provider has the right to
liquidate any or all open positions whenever the minimum margin requirement is not maintained.
Increasing leverage increases risk.
Prices, Margin And Valuations Are Set By The Service Provider And May Be Different From Prices
Reported Elsewhere. The Service Provider will provide indicative prices to be used in trading, valuation
of Customer positions and determination of Margin requirements. Although the Service Provider expects
that these prices will be reasonably related to prices available in the open market, prices reported by
the Service Provider may vary from prices available to banks and other participants in what is known as
the open market. The Service Provider will exercise considerable discretion in setting and collecting
Margin.
Market Recommendations Are Informational, Customer Makes Independent Decisions, And The Service
Provider Is Not An Adviser Or A Fiduciary To Customer. The market recommendations provided by the
Service Provider do not constitute an offer to buy or sell, or the solicitation of an offer to buy or
sell, any contracts. Each decision by Customer to enter into a buy or sell order or other transaction
with the Service Provider and each decision whether such order or other transaction is appropriate or
proper for Customer is an independent decision by Customer. The Service Provider is not acting as an
advisor or serving as a fiduciary to Customer. Customer agrees that the Service Provider has no
fiduciary duty to Customer and no liability in connection with and is not responsible for any
liabilities, claims, damages, costs and expenses, including attorneys’ fees, incurred in connection with
Customer following the Service Provider trading recommendations or taking or not taking any action based
upon any recommendation or information provided by the Service Provider.
Recommendations Are Based On Personal Judgments And Are Not Guaranteed. The market recommendations
of the Service Provider are based solely on the judgment of the Service Provider personnel. These market
recommendations may or may not be consistent with the market positions or intentions of the Service
Provider, its affiliates and employees. The market recommendations of the Service Provider are based
upon information believed to be reliable, but the Service Provider cannot and does not guarantee the
accuracy or completeness thereof or represent that following such recommendations will reduce or
eliminate the risk inherent in Trading with Non-deliverable Bitcoin settled products.
There is no Central Market or Clearinghouse Guarantee. Each trade, order or position is a contract
directly between the Service Provider and the Customer. There is no clearing house and no guarantee by
any other party of the Service Provider payment obligations to the Customer.
No Guarantees of Profit. There are no guarantees of profit or freedom from loss in Trading with
Non-Deliverable Bitcoin settled products. Customer has received no such guarantees from the Service
Provider or from any of its representatives. Customer is aware of the risks inherent in Trading with
Non-deliverable Bitcoin settled products and is financially able to bear such risks and withstand any
losses incurred.
Customer May Not Be Able To Close or Open Positions. Due to market conditions, Website maintenance,
technical issues, system failure or other circumstances the Service Provider may be unable to close
existing position or open new position at the level specified by Customer, and Customer agrees the
Service Provider will bear no liability for failure to do so.
Service Interference and Third Party Attacks. There may be third party or other attacks targeting
computers/networks, spreading malware, running botnets, (D)DOS attacks, defacing websites, violations of
network security, etc. which can material alter, intercept or otherwise interfere with the giving or
execution of an Order or the transfer of funds to and from the Customer’s Account. Customer
acknowledges, understands and accepts that the Service Provider shall bear no responsibility or
liability whatsoever for it.
Indemnification. You agree to indemnify and hold harmless Operator and Services Provider, its
affiliates, contractors, licensors, and their respective directors, officers, employees and agents from
and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and
damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out
of or related to (i) your use of, or conduct in connection with, the Services, (ii) your breach or our
enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any
third party during your use of the Service. If you are obligated to indemnify Operator and Services
Provider, its affiliates, contractors, licencors, and their respective directors, officers, employees or
agents pursuant to this clause, Operator and Services Provider will have the right, in its sole
discretion, to control any action or proceeding and to determine whether Operator and Services Provider
wishes to settle, and if so, on what terms.