Mafia Terms of Service - The Movement Maestro

The Maestro Mafia Terms of Service

The following terms (“Terms of Use”) constitute an agreement between The Movement Maestro, LLC (the “Company”), and the purchaser (“you”) of a subscription (the “Membership Subscription”) to the Company’s site entitled The Maestro Mafia, available at https://themovementmaestro.com/ (the “Website ”) that governs your Membership Subscription. You agree to abide by the Terms of Use as a condition of your Membership Subscription.

Your purchase of the Membership Subscription constitutes your acceptance of, and agreement to the following Terms of Use. Company reserves the right to modify, alter, amend or update the Website, Membership Subscription, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, you should not purchase the Membership Subscription.

MEMBERSHIP SUBSCRIPTION

The Membership Subscription includes access to exclusive content, speakers, and support from fellow Membership Subscription members (“Members”) and the Company (collectively the “Services”).

PURCHASE AND REFUND POLICIES

On the Website, you may purchase a Membership Subscription. Once you sign up for the Membership Subscription you will receive access to a User Account, as defined below. The Membership Subscription is available for a monthly or yearly fee, which you may choose at the time of purchase (the “Membership Subscription Fee”). In certain cases, you may be given an initial introductory rate or promotional period (the “Promotion”) before the regular Membership Subscription Fee begins. Once the Promotion ends, you will automatically be charged the applicable Membership Subscription Fee.

If you choose to pay the yearly Membership Subscription Fee, you will be granted exclusive discounts on Company content, including in-person courses, online courses, one-on-one coaching, and group coaching programs for the duration of the yearly Membership Subscription. Discounts will vary per event or program and are at the sole discretion of Company. To be eligible for discount, purchases must be made during the yearly subscription term however, you may complete online content or attend events after the subscription expires.

To the extent the Membership Subscription or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your User Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your User Account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. Company reserves the right to change the price of the Membership Subscription. Your continued use of the Membership Subscription after the price change becomes effective constitutes your agreement to pay the changed amount.

Access will be revoked to the Membership Subscription/ Services if you choose a payment plan or subscription and do not complete the payments on schedule.

You must submit advanced payment, via credit card, of the Membership Subscription Fee to gain access to the Membership Subscription.

The term of the Membership Subscription shall commence on the first day on

which you purchase the Membership Subscription and shall continue until termination. You shall decide the length of each term at the time of purchase.

You may opt out of automatically recurring payments by accessing the User

Account and modifying the payment options. If you do not opt out, then the Membership Subscription will automatically renew for a like term under the then-current Terms of Use. To cancel or independently renew the Membership Subscription, you may do so under the subscription tab on the account settings page on the Website.

It is your responsibility to cancel the Membership Subscription prior to the renewal

date. You will be notified by email seven (7) days before the renewal date. You can also see your renewal date by logging in to your account page on the Website and checking the expiration date under the subscription tab. This is the renewal date.

If you choose to discontinue the Membership Subscription before the end of the then-current term, you may do so through your User Account; however, Company will provide no refund of any portion of the Membership Subscription Fee and you will immediately lose access to the Membership Subscription.

If you choose to terminate the Membership Subscription, you will not be able to rejoin until the next enrollment period. The Membership Subscription Fee is guaranteed to remain the same if you maintain an active subscription for the Membership Subscription however, if you re-start a Membership Subscription after cancelling, the Membership Subscription Fee may change. If you choose to upgrade from a monthly membership subscription to an annual membership subscription your payment will be prorated for that month, but not for any previous months outside of the current billing cycle.

If you have paid the yearly Membership Subscription Fee, you can only downgrade to the monthly Membership Subscription Fee within seven (7) days of your renewal date.

Company may terminate this Agreement in whole or in part, at any time, upon written notice, including via email at the email noted in your User Account.

You may stop the Membership Subscription at any time by terminating your User Account. If Company terminates your Membership Subscription, Company may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. The Terms of Use will survive indefinitely unless and until Company chooses to terminate it, regardless of whether any account you open is terminated by you or Company or whether you continue to use or continue to have the right to use the Services/Membership Subscription.

You may cancel your Membership Subscription at any time. Refunds are not available for amounts already paid.

In the event of a failed transaction for a recurring Membership Subscription you will automatically be notified through the email address found in your User Account. The Website will automatically attempt to process the transaction two (2) times after the first failed attempt, for a total of three (3) attempts. After the third failed attempt, the Membership Subscription will be cancelled. You will be sent a final email notice 24 hours before cancellation of your Membership subscription. To bring your User Account into good standing, you can log in to your User Account, click on Subscriptions, then click ‘Update’, and you will be able to change your credit card info.

REGISTRATION & RESTRICTED ACCESS

The Website is restricted to use by those who have purchased a Membership Subscription.

When you are registered, you are required to create a user profile, which may include a username and password (“User Account”) and you must accept these Terms of Use.

You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Company immediately at info@themovementmaestro.com. Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.

When you create a User Account with Company, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in Company’s sole discretion. If you utilize the Services on behalf of a third party, you represent that you an authorized representative of that third party and you may accept the Terms of Use on the third party’s behalf.

Company may disable your username and password at its sole discretion, refuse to register a user for the Membership Subscription or Services, remove or edit any content contributed to the Website, Membership Subscription or Services or cancel any User Account. Company may, without notice, refuse access to its Website, Services or a Membership Subscription, in whole or part, to any person that fails to comply with these Terms of Use.

Company reserves the right to modify methods for registration and access levels of registered users from time to time.

DISCLAIMERS

3.1 Company has made every effort to ensure that all information provided, on the Website, during the Services, or otherwise during the Membership Subscription, whether from Company, Company’s experts and guests or Members ( Collectively the “Mafia Information”) has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the Mafia Information.

3.2 Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the Membership Subscription, Services, Website and Mafia Information. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of the Membership Subscription, Services, Website and Mafia Information.

3.3 The Company has made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, included in the Mafia Information has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided in the Mafia Information. We assume no responsibility for your decisions or for policies or practices that you implement based on the Mafia Information. The Mafia Information is for informational purposes only.

3.4 The Membership Subscription, Services, Website and Mafia Information were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the Membership Subscription, Services, Website and Mafia Information. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Membership Subscription, Services, Website and Mafia Information.

3.5 FITNESS INFORMATION DISCLAIMER. The Membership Subscription, Services, and Website may discuss topics related to health and fitness, and may include information on exercise and workouts. The fitness information provided therein is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented, you assume the risk of any potential injury that may result.

3.8 MEDICAL INFORMATION DISCLAIMER. From time to time, the Website, Services or Membership Subscription may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information is provided “as is” without any representations or warranties, express or implied.

You must not rely on the information on the Website, and in the Services and Membership Subscription as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website or in the Services and Membership Subscription. All medical information is for informational purposes only.

USE OF THE MEMBERHIP, SERVICES, and WEBSITE

Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website and in the Services and Membership Subscription. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

Republication of content from the Website, Services and Membership Subscription, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website, Services and Membership Subscription;
- Reproduction or duplication of any content on the Website, Services and Membership Subscription for commercial purposes;
- Modification of any content on the Website, Services and Membership Subscription, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, Services and Membership Subscription, unless content is specifically and expressly made available for redistribution.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.

You must not use the Website, Services, or Membership Subscription in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website, Services, or Membership Subscription. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website, Services, or Membership Subscription to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website, Services, or Membership Subscription without Company’s express written permission.

You must not use the Website, Services, or Membership Subscription to transmit or send any unsolicited commercial communications.

You must not use the Website, Services, or Membership Subscription for any third-party marketing without Company’s express written permission.

INTELLECTUAL PROPERTY

All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company’s intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Certain of the names, logos, and other materials displayed on the Website or during the Services and Membership Subscription constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and you agree not to make any claims or assertions of any other party’s ownership of Company IP.

“The Movement Maestro”, “The Maestro Mafia”, and The Movement Maestro logo are trademarks of Company and are protected by United States trademark law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company.

The materials you have access to through the Membership Subscription and Services and the User Account were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.

Unless otherwise noted, the design, content and all components of the Website or materials provided during the Services and Membership Subscription are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, or in any manner likely to cause confusion among consumers.

From time to time, the Website will legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website or otherwise during the Membership Subscription or Services. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

Content Contributed to the Website or during the Services or Membership Subscription
- Any content you contribute, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
- Company reserves the right to edit or remove: (i) any material submitted to the Website or otherwise during the Services or Membership Subscription; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website or other sites operated by Company. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
- Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website, or otherwise during the Services or Membership Subscription.

Comment Policy
- Use of the Website, Services or Membership Subscription may provide you the the option for you to leave comments and engage with other Members. The following types of comments will not be tolerated and will be deleted:
  - harassment directed toward any content creator or Company;
  - spam;
  - hate speech;
  - defamatory to Company or any third party;
  - reference to illegal acts; or
  - violate the legal rights of a third party.

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

Likeness and Biographical Release

You may be recorded during the Services and your Likeness may be captured in other mediums during the Services or Membership Subscription. You grant Company the right to use Your image, visual likeness, portrait, photograph, video and sound recordings (collectively referred to as “Likeness”) in all forms of media. You grant Company the right to use Your biographical information (“Biographical Information”), including, but not limited to name, age, location, and other personal information conveyed to Company. Such Likeness and Biographical Information may be used in the Services, Membership Subscription or on the Website, edited and unedited, any subsequent uses or sales of the foregoing, any derivative works made from the foregoing and in connection with promotion and/or marketing for the foregoing (the “Material”).

You and Company agree to only use the Your Likeness and Biographical Information in connection with the above uses and for no other purpose or purposes without Your prior written consent.

You represent and warrant that You have the right to grant Company the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity. This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of Company. You hereby release Companyfrom, and agree not to sue for, any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action, based upon or relating to the use of the Material or the exercise of any of the rights referred to herein. You agree to indemnify and hold harmless Company, and their officers, directors, shareholders and employees, from and against any liabilities, losses, claims, demands, costs (including, without limitation, attorneys' fees) and expenses arising in connection with any breach or alleged breach of any of the above representations, warranties or agreement in this section.

You acknowledge that, in the event of any breach by Company or any third party, the damage, if any, caused will not be irreparable or otherwise sufficient to entitle You to seek injunctive or other equitable relief. Your rights and remedies will be strictly limited to the right, if any, to recover damages in an action at law, and You will have neither the right to rescind or terminate this agreement or any of Company’s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Material.

COMMUNICATION

You consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

THIRD PARTIES

The Website, Services, and Membership Subscription offer resources that may contain links to third-parties that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to Your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website or in the Services or Membership Subscription, including other Members, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the Website, Service, or Membership Subscription, you expressly hold Company harmless from any and all liability in any dispute.

DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY

DISCLAIMER OF WARRANTIES. COMPANY PROVIDES THE WEBSITE, SERVICES, and MEMBERSHIP SUBSCRIPTION ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, MEMBERSHIP SUBSCRIPTION, THEIR USE, OR ANY INFORMATION PROVIDED IN CONNECTION THEREWITH: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. COMPANY MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS OF USE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD-PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM COMPANY OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.

EXCLUSION OF DAMAGES. COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, MEMERBSHIP OR WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES,MEMBERSHIP SUBSCRIPTION OR WEBSITE.

LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TERMS OF USE OR THE SERVICES EXCEED THE GREATER AMOUNTS THAT YOU PAID COMPANY FOR THE MEMBERSHIP SUBSCRIPTION.

STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY.

Indemnity. You agree to indemnify, defend and hold Company and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, shareholders and any other individuals featured in the Services, Membership Subscription, or on the Website (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of the Terms of Use or (ii) arising from, related to, or connected with your use of the Services, Membership Subscription, or Website. If you are obligated to provide indemnification pursuant to this provision, Company may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Company.

EQUITABLE RELIEF

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

ARBITRATION

Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Los Angeles County, California. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

All claims and disputes arising under or relating to this agreement shall be adjudicated on an individual basis, and you will not consolidate or seek class treatment for any claim unless previously agreed to in writing by Company.

GOVERNING LAW

Any disputes arising out of or relating to the Terms of Use shall be governed by the laws of the state of California without reference to its conflict of law provisions.

FORCE MAJEURE

Company will not have any liability if Company’s performance of its obligations is delayed by the occurrence of: (a) fires, floods, earthquakes, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, sabotage, embargo, government action or order, blackouts, epidemic or quarantine, strikes/labor difficulties, or any other similar cause; or (b) any event or circumstance within the control of, or caused by information provided by you or any third party.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Company’s prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Company.

The Terms of Use and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the State of California without regard to any provision governing conflicts of law.

The Terms of Use supersede all prior and contemporaneous agreements and understandings between you and Company relating to the Services. You may not transfer your rights or obligations under the Terms of Use without the prior written consent of Company. Company may freely do so, in whole or in part.

The Terms of Use will be binding upon the successors and permitted assigns of you and Company. The Terms of Use do not create any third-party beneficiary rights.

The Terms of Use will be interpreted as if equally drafted by Company and you.

A party’s failure or delay in exercising any right, power or privilege under the Terms of Use will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under the Terms of Use.

You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms of Use.

The invalidity or unenforceability of any provision of the Terms of Use will not affect the validity or enforceability of any other provision of the Terms of Use, all of which will remain in full force and effect.