Terms of Service
POSTING DATE: FEBRUARY 18, 2019
The trademarks, logos, and service marks displayed within the VENZA Websites and within the user interface of the CyberTek Solution, are registered or common law trademarks of CyberTek MSSP, Venza Learning Solutions, Inc, or its affiliates, providers, or various third parties in the United States and/or other countries. CyberTek MSSP is not granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of CyberTek MSSP or such other party that may own the Trademarks.
II. Access to the CyberTek Solution
III. Use of the CyberTek Solution
User ID Security Requirements.
- A User should not provide his or her username and/or password to anyone via email or telephone. CyberTek MSSP will never contact a User and request such User’s username and password.
- A User should request that his or her username and password be changed immediately when:
- Any system access is replaced by new system access or is no longer used; or
- The hardware on which the CyberTek Solution resides is upgraded, changed, or disposed of.
- Users should protect their User IDs and passwords so that only key personnel know this sensitive information. Unauthorized personnel should not have knowledge of a User’s username or password.
- You shall create a separate, unique username for each User to enable individual authentication and accountability for access to the CyberTek Solution. Each User of the CyberTek Solution must also have a unique logon password.
- You shall ensure that Your Personnel do not share User IDs.
- Users should develop passwords that:
- Are not easily guessable (i.e., your name or company name, repeating numbers and letters or consecutive numbers and letters); and
- Contain a minimum of seven (7) alpha/numeric characters for standard User accounts.
- You should implement a process to terminate access rights to the CyberTek Solution immediately for any User who has a change in his or her job tasks and/or no longer requires access to the CyberTek Solution.
Any unauthorized use of any content, material, data, or information contained within or accessible through use of the CyberTek Solution, including information and data transmitted to CyberTek MSSP in connection with its cloud services by others, may violate copyright laws, trademark laws, patent laws, the laws of privacy and publicity, and communications regulations and statutes. Any unauthorized use of such content, material, data, or information, including its unauthorized reproduction, modification, distribution, or republication, without prior written permission of CyberTek MSSP, or other third party if applicable, is strictly prohibited. The use of such content, material, data, or information within any third-party website or in any other environment of networked computers is strictly prohibited.
The CyberTek Solution may be used only for lawful purposes. Transmission of any material in violation of any local, state, federal or export control law or regulation is prohibited. This includes, without limitation, material protected by copyright, patent, trademark, trade secret or other intellectual property right used without proper authorization. In addition, with respect to the CyberTek Solution and related cloud-based services, you agree not to use such CyberTek Solution to access, control, interfere with, or otherwise affect any network or appliance of any third party.
When you submit or transfer any content, material, data, or information, including, without limitation, Your Data (as defined in Section V), to CyberTek MSSP or its servers using or through the CyberTek Solution, you are granting CyberTek MSSP, and any third-party service providers and affiliates, a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content, material, data, or information in any and all media or distribution methods. You represent and warrant that: (i) you own or otherwise control all rights in and to all such content, material, data, or information, or that the same is otherwise within the public domain, (ii) you have full authority and consent to submit such content, material, data, or information and to grant the foregoing license set forth herein, and (iii) such content, material, data, or information and any publication thereof within or through the CyberTek Solution does not and will not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, privacy, publicity, contract, statutory, common law or any other rights. The content, material, data, or information that you submit may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media. CyberTek MSSP does not claim any ownership of the content that you submit, transfer, or provide to CyberTek MSSP using or through the CyberTek Solution.
Unless otherwise expressly authorized by CyberTek MSSP, using the CyberTek Solution and/or the information contained therein to send unsolicited, commercial mass e-mails, texts, or other messages, including, without limitation, commercial advertising, and informational announcements, is expressly prohibited.
You shall not, in connection with your use of the CyberTek Solution, publish or transmit any information, data, text, comments, images, files, links, or other material that is, or which CyberTek MSSP considers in its sole and exclusive discretion to:
- Be unlawful, harmful, threatening, abusive, harassing, defamatory, offensive, obscene, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable;
- Sell or promote the CyberTek Solution or services that are unlawful;
- Infringe or violate any copyright, patent, trademark, trade secret or other intellectual property right of any person or entity;
- Harass, embarrass, demean or cause distress or discomfort upon another user or other individual or entity;
- Impersonate, spoof, or parody any other person or entity; and/or
- Include any personally identifying information or private information of another person or entity.
You represent and warrant that you are of sufficient legal age to use the CyberTek Solution and to create binding legal obligations for any liability you may incur as a result of the use of the CyberTek Solution. You understand that you are financially responsible for all uses of the CyberTek Solution by you and those using the CyberTek Solution on your behalf, including your Users.
IV. CyberTek MSSP Responsibilities
V. User Information
With respect to the CyberTek Solution, CyberTek MSSP may collect, and aggregate data related to your usage of the CyberTek Solution, including, without limitation, data that indicates how frequently you are using certain features of the CyberTek Solution. In addition, CyberTek MSSP may further delegate such data collection and analytic procedures to a third party (and/or utilize a third-party software program in connection with such data collection and analytic procedures).
CyberTek MSSP may examine your and your Users’ use of the CyberTek Solution. If the examination reveals that you have improperly used the CyberTek Solution, CyberTek MSSP shall bill you for such unauthorized use based upon CyberTek MSSP’s standard fees in effect at the time the examination is completed. If the underpaid fees exceed five percent (5%) of the Fees (as defined in Section VI below) actually paid, then you will also pay CyberTek MSSP’s reasonable costs of conducting the examination.
Upon termination of your access to the CyberTek Solution, CyberTek MSSP will make available to you for download all Your Data for a period of thirty (30) days. After such 30-day period, CyberTek MSSP shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, be permitted to delete all Your Data in its systems or otherwise in its possession or under its control.
VI. Price and Payment
VII. Term of Use of CyberTek Solution and Termination/Suspension of Access
Your access to the CyberTek Solution shall begin on the date you purchase or access the CyberTek Solution, whichever is earlier, and shall continue year-to-year unless you provide written notice to CyberTek MSSP at least thirty (30) days prior to the expiration of the then-current annual term (the initial year shall be referred to as the “Initial Term” and each subsequent year shall be a “Renewal Term”) (together, the Initial Term and subsequent Renewal Term(s) shall be considered the “Term”).
Suspension of Service. If you fail to pay amounts owed within thirty (30) days of the due date (except with respect to Fees then under reasonable and good faith dispute), in addition to any of its other rights or remedies, CyberTek MSSP reserves the right to immediately suspend the CyberTek Solution, without liability to you, until such amounts are paid in full.
Effects of Termination. Upon termination of your access to the CyberTek Solution, all rights and access to the CyberTek Solution granted hereunder to you and your Users shall terminate immediately. Immediately upon such termination, you and your Users shall (i) cease all use of the CyberTek Solution; (ii) return to CyberTek MSSP any Confidential Information of CyberTek MSSP in your possession or control (including any copies thereof); and (iii) delete all Documentation provided by CyberTek MSSP. No termination of access to the CyberTek Solution shall release you from any obligation to pay CyberTek MSSP any amount which has accrued or become payable at or prior to the date of termination.
VIII. Exclusions of Warranty & Disclaimers
CyberTek MSSP warrants that it will provide the CyberTek Solution in a manner consistent with general industry standards reasonably applicable to the provision thereof.
CyberTek MSSP hereby disclaims any and all damages, claims, and responsibility arising from any problems, loss of data or information, failure to properly operate a home network or appliance, or any other damages that you may experience that arise from your use of or reliance on the CyberTek Solution.
OTHER THAN THE WARRANTY IN THIS SECTION, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CYBERTEK SOLUTIONS PROVIDED ON AN “AS IS” BASIS. CYBERTEK MSSP DOES NOT WARRANT THE ACCURACY, COMPLETENESS, FUNCTIONALITY, OR RELIABILITY OF THE CYBERTEK SOLUTION. CYBERTEK MSSP AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN PARTICULAR, CYBERTEK MSSP AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE CYBERTEK SOLUTION WILL MEET YOUR REQUIREMENTS OR (II) ANY DEFECTS OR ERRORS IN THE SOFTWARE OR CYBERTEK SOLUTION PROVIDED TO YOU WILL BE CORRECTED.
CYBERTEK MSSP DOES NOT REPRESENT OR GUARANTEE THAT THE CYBERTEK SOLUTION OR ANY THIRD-PARTY SOFTWARE (AS DEFINED IN SECTION XII BELOW) WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND CYBERTEK MSSP DISCLAIMS ANY LIABILITY RELATING THERETO. CYBERTEK MSSP ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE CYBERTEK SOLUTION OR ANY THIRD-PARTY SOFTWARE. IN NO EVENT SHALL CYBERTEK MSSP BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES TO REAL PROPERTY, DAMAGES TO TANGIBLE PROPERTY, LOST PROFITS, OR LOST DATA), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THE CYBERTEK SOLUTION OR THIRD PARTY SOFTWARE, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE THE CYBERTEK SOLUTION OR ANY THIRD PARTY SOFTWARE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY CYBERTEK MSSP, THE CYBERTEK SOLUTION OR ANY THIRD PARTY SOFTWARE.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE CYBERTEK SOLUTION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA, OR INFORMATION PROVIDED BY THE CYBERTEK SOLUTION OR THIRD-PARTY SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
IX. Limitation of Liability
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THE CYBERTEK SOLUTION OR THIRD PARTY SOFTWARE (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE CYBERTEK SOLUTION, THIRD PARTY SOFTWARE OR YOUR OR USERS’ EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF E-MAIL OR OTHER INFORMATION OR DATA); OR
(B) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE CYBERTEK SOLUTION OR THIRD PARTY SOFTWARE BY YOU, ANY USER OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
NEITHER CYBERTEK MSSP NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, ORDESTRUCTION TO YOUR OR USERS’ EQUIPMENT. IN THE EVENT OF DAMAGE TO YOUR OR ANY USER’S EQUIPMENT CAUSED SOLELY BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY CYBERTEK MSSP, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS, CYBERTEK MSSP SHALL PAY AT ITS SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED EQUIPMENT UP TO A MAXIMUM OF $500. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
NEITHER CYBERTEK MSSP NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THIRD-PARTY SOFTWARE. YOU AGREE THAT ANY CLAIMS ARISING OUT OF OR RELATED TO THIRD PARTY SOFTWARE SHALL BE BROUGHT DIRECTLY AGAINST THE THIRD-PARTY SOFTWARE PROVIDER AND NOT AGAINST CYBERTEK MSSP OR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS.
XI. Third Party Content
While using the CyberTek Solution, you may choose to link to websites, applications, and software of one or more third parties that are not affiliated with CyberTek MSSP. CyberTek MSSP is not responsible for the contents of those third-party websites, or any subsequent links, and has no control over the contents therein, nor is CyberTek MSSP responsible for the functionality or problems associated with any software that is controlled by any third party.
CyberTek MSSP is not responsible for web casting, or any other form of transmission received from any linked website. Any reliance on the contents of a third-party website (or third party applications or software) is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. If you decide to access other websites (or use other applications or software) in connection with the CyberTek Solution, you do so at your own risk.
CyberTek MSSP does not represent or warrant that the contents of any third-party website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third party websites are not those of CyberTek MSSP, and CyberTek MSSP does not endorse the contents of such third-party websites in any way.
Your use of such third-party resources is subject to the terms and conditions of use and/or privacy policies established by such third parties. Some third parties may impose fees for access to their resources and you are responsible for all such fees.
All references to third party solutions, services, companies, programs, and websites on the CyberTek Solution, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that CyberTek MSSP is in any way affiliated with any third party. All third-party trademarks displayed on the CyberTek Solution are the property of their respective owners.
XII. Third Party Software; Open-Source Software
WITHOUT LIMITING THE EXCLUSIONS AND DISCLAIMERS OF WARRANTY SET FORTH IN SECTION VIII, CYBERTEK MSSP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE THIRD PARTY SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, AND ANY WARRANTIES WITH RESPECT TO THE FUNCTIONALITY OF THE THIRD PARTY SOFTWARE WITH THE CYBERTEK SOLUTION. You acknowledge that CyberTek MSSP is not the developer or manufacturer of Third-Party Software and is not the agent of any Third-Party Software provider. No representation or promise made by any Third-Party Software provider will be deemed made by or binding upon CyberTek MSSP and CyberTek MSSP shall not be responsible for any acts or omissions on the part of any Third-Party Software provider. CyberTek MSSP does not provide any warranty, maintenance, technical or other support for any Third-Party Software. CyberTek MSSP shall not be responsible or liable for your access to or use of the Third-Party Software or any personal injury, property damage (tangible or intangible) or other losses arising from or related to your access to or use of any Third Party Software.
XV. Electronic Communications
XVI. Dispute Resolution
YOU MUST CONTACT CYBERTEK MSSP WITHIN SIX (6) MONTHS OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
You and CyberTek MSSP agree that you will try to resolve disputes informally before resorting to arbitration. If the dispute cannot be resolved by telephone, you agree to notify CyberTek MSSP of the dispute by sending a written description of your claim to CyberTek MSSP, LLC, 210 West Main St., New Albany, IN 47150, so that CyberTek MSSP can attempt to resolve it with you. If CyberTek MSSP does not satisfactorily resolve your claim within thirty (30) calendar days of receiving notice of it, then you may pursue the claim in arbitration. Neither you nor CyberTek MSSP may initiate arbitration without first providing the other party notice of the claim and following the informal dispute resolution procedure provided in this Section.
Except as otherwise stated on the Venza Websites, CyberTek MSSP shall not be obligated to provide any support services or maintenance services for the CyberTek Solution or Third-Party Software or provide you with any future modifications, updates or upgrades. CyberTek MSSP does not represent that the CyberTek Solution or Third-Party Software will be error free or uninterrupted or that all errors or failures can be corrected.
XVIII. Copyright Notice – DMCA
Pursuant to the Digital Millennium Copyright Act (the “DMCA”), you may file a notification of claimed infringement (“Notification”) with the Designated Agent of CyberTek MSSP identified below if you believe that a Web page hosted by CyberTek MSSP is violating your rights under U.S. copyright law. (See Title 17, United States Code, Section 512(c)(3)). If you believe that any content in which you claim copyright has been infringed by anyone using the CyberTek Solution, please contact CyberTek MSSP’s Designated Agent as described below. CyberTek MSSP may, in its sole discretion, suspend and/or terminate accounts of users that are found to be repeat infringers.
Procedure for Making Claim of Copyright Infringement To serve a Notification on CyberTek MSSP, send your Notification to:
Name of Designated Agent to Receive Notification: DMCA Agent Address to Which Notification Should Be Sent: 10886 Crabapple Rd., Suite 100, Roswell, GA 30075
Email Address of Designated Agent: [email protected]
In order to be effective under the DMCA, the Notification must (i) be in writing, and (ii) be provided to the Designated Agent of CyberTek MSSP.
In order for such a complaint to be effective under the DMCA, the Notification must include the following
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CyberTek MSSP to locate the material
- Information reasonably sufficient to permit CyberTek MSSP to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information described in 1 through 6 above, CyberTek MSSP will:
- Remove or disable access to the material that is alleged to be infringing.
- Take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.
If a notice of copyright infringement has been filed against you, you may file a counter notification (“Counter Notification”) with CyberTek MSSP’s Designated Agent. In order to be effective, a Counter Notification must be written and include substantially the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which CyberTek MSSP may be found, and that the subscriber will accept service of process from the person who provided Notification or an agent of such person.
Upon receipt of the written Counter Notification containing the information as described in 1 through 4 above, CyberTek MSSP will:
- Promptly provide the complaining party with a copy of the Counter Notification.
- Replace the removed material or cease disabling access to the material within 10 to 14 business days following receipt of the Counter Notification, unless CyberTek MSSP’s Designated Agent first receives notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringing party from engaging in infringing activity relating to the material on CyberTek MSSP’s system or network.
NOTE: Under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees. (See Title 17, United States Code, Section 512(d)).
NOTE: The information in this Section XVIII is provided to you for informational purposes only and is not intended as legal advice. If you believe your rights under U.S. copyright law have been infringed, you should consult an attorney.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.