Bamboo Health Terms and Conditions of Use
This Bamboo Health Terms and Conditions of Use (“Terms and Conditions”) describes your obligations when accessing or using our website located at www.bamboohealth.com and any other Bamboo Health websites, including, without limitation, www.treatmentconnection.com (collectively, the “Sites”), however accessed.
Any references to “Bamboo Health,” “we,” “us,” or “our” in these Terms and Conditions is a reference to Bamboo Health, Inc., with headquarters in Louisville, Kentucky, U.S.A. The Sites are directed to residents of North America, and the laws of Kentucky and the United States apply.
By accessing the Sites, or by clicking a button or checking a box marked “I Agree” or similar, you signify that you have read, understood, accept and agree to be bound by these Terms and Conditions, and that you have read and understood our Privacy Notice (as it may be updated from time to time, our “Privacy Notice”). You are only authorized to use the Sites and their services if you can form a legally binding contract with us and agree to abide by all applicable laws and to these Terms and Conditions. We may revise these Terms and Conditions from time to time by posting changes to the Sites and indicating the date of the last revision. Any such revisions shall be effective when posted. Your continued use of the Sites following such changes constitutes your agreement to the modified terms.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS AND CONDITIONS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 8.2 AND CLASS ACTION/JURY TRIAL WAIVER IN SECTION 8.3 THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS HEREIN, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS AND CONDITIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.
1. Access to the Sites & Communications from Bamboo Health
1.1. Access to the Sites; User Accounts
Subject to your compliance with these Terms and Conditions, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable right to access the Sites for your personal use only, strictly as permitted by the features of the Sites. We reserve all rights not expressly granted herein to the Sites and our Intellectual Property (as defined in Section 2.1).
You may be required to register an account on the Sites (“User Account”) in order to access certain services and functionalities on the Sites. You acknowledge that you do not own your User Account.
You may never use another user’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account credentials secure. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for, and expressly disclaim any responsibility for, any losses caused by any unauthorized use of your User Account.
1.2. Emails from Bamboo Health
By providing us your email address for certain services made available through the Sites, you consent to our use of that email address to send you notices and requests related to certain those services, including without limitation any notices and requests required by applicable law, in lieu of communication by postal mail.
We may also use your email address to send you other messages related to your User Account and your use of such services, such as (a) messages confirming transactions or notifying you of changes or updates to features, and messages in connection with inquiries you make through the Sites or information you make available to us in connection with certain healthcare-related services on the Sites (such emails, “Transactional Emails”), and (b) messages about commercial or promotional offers for products and services offered by Bamboo Health, our affiliates or our third-party business partners (such emails, “Commercial Emails”). If you do not want to receive Commercial Emails, you may opt out by clicking on the “unsubscribe” link in the email message received.
Unsecured email or other unsecure electronic methods of communication are not confidential means of communication and there is a possibility that a third party could intercept and see these messages. By providing us your email address, you acknowledge and consent to these risks.
1.2. Phone Communications from Bamboo Health
By providing your phone number, you expressly consent and agree that we may contact you using written, electronic, and/or verbal means, including by manual dialing and/or using an automatic dialing system to send SMS/text messages to your phone number as necessary to (a) obtain or provide additional information in connection with inquiries you make through the Sites or information you make available to us in connection with certain healthcare-related services on the Sites; and (b) as otherwise necessary to service your User Account or enforce these Terms and Conditions, our policies, or applicable law, even if the provided phone number is registered on any federal or state Do-Not-Call registry. For purposes of clarity, the communications described in this paragraph are transactional in nature, and not promotional.
2. Our Proprietary Rights
2.1. Intellectual Property
The Sites, all materials and content displayed or made available on the Sites (other than content owned by you), and all software, algorithms, code, technology and intellectual property underlying and included in or with the Sites, and all intellectual property rights and other proprietary rights therein and thereto throughout the world (collectively and individually, our “Intellectual Property”) are the exclusive property of Bamboo Health and our licensors, providers, distributors, and suppliers. Except as explicitly provided herein, nothing in these Terms and Conditions will be deemed to create a license in or under any intellectual property rights or other proprietary rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Intellectual Property. Use of our Intellectual Property for any purpose not expressly permitted by these Terms and Conditions is strictly prohibited.
Permission to use, copy and distribute the data, information or other content published by Bamboo Health on the Sites (collectively, the “Documentation”) is hereby granted on the condition that no part of the Documentation is used for commercial purposes and is strictly restricted to use for informational purposes. Some of the Documentation may be subject to copyright or other intellectual property rights.
You may choose to, or we may invite you to submit, comments, feedback or ideas about the Sites, including without limitation about how to improve the Sites (collectively, “Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bamboo Health under any fiduciary or other obligation, and that Bamboo Health will own such Feedback and is free to use and/or disclose such Feedback without any compensation to you. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
2.3. Usage Data
We may collect, maintain, process, and use, or you may provide to us, diagnostic, technical, usage, and related information in connection with your use of the Sites, including without limitation information about your computer or mobile device (collectively, “Usage Data”). You agree that all Usage Data is owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights, title, and interest in and to the same. Accordingly, we may use Usage Data or any portion thereof for any lawful purpose, including without limitation: (a) to provide and maintain the Sites; (b) to develop and improve the Sites; (c) to monitor your usage of the Sites; (d) for Site-related research and analytics; and (e) to share Site-related analytics and other derived Usage Data with third parties, solely in deidentified or aggregated form. The Sites may contain technological measures designed to prevent unauthorized or illegal use of the Sites, and we may use these and other lawful measures to verify your compliance with these Terms and Conditions and to enforce our rights, including without limitation all intellectual property rights and other proprietary rights, in and to the Sites.
3. Certain Disclaimers; Third-Party Websites and Services
3.1. General Disclaimer
THE SITES AND ALL CONTENT PUBLISHED ON THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. BAMBOO HEALTH HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING CONTENT, FUNCTIONALITY, OR MATERIALS OR INFORMATION PROVIDED BY US THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING INFRINGEMENT, OWNERSHIP, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND ANY IMPLIED WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY BAMBOO HEALTH DOCUMENTATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES AND ADDITIONS MAY BE MADE BY BAMBOO HEALTH FROM TIME TO TIME TO ANY DOCUMENTATION CONTAINED ON THE SITES.
3.2. No Professional Advice
If the Sites provide professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information made available through the Sites. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
3.3. Third-Party Websites and Services
The Bamboo Health Sites may include links to, or may enable you to access or otherwise interact with, websites, content, products, services or resources offered by independent organizations that may or may not be affiliated with Bamboo Health (collectively, “Third-Party Services”). Bamboo Health does not own and has no control over these Third-Party Services and does not endorse and is not responsible for any content, advertising, products, services, or other materials found on or through the Third-Party Services.
IF YOU ACCESS OR USE A THIRD-PARTY SERVICE IN CONNECTION WITH THE SITES, YOU ARE SUBJECT TO AND AGREE TO, AND MUST COMPLY WITH, THE APPLICABLE THIRD PARTY’S TERMS AND CONDITIONS. IF YOU ACCESS OR USE A THIRD-PARTY SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS AND CONDITIONS AND OUR PRIVACY NOTICE DO NOT APPLY TO YOUR USE OF SUCH THIRD-PARTY SERVICE. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICES.
4. Site User Engagement
4.1. Bamboo Health’s Responsibility for User-submitted Information
The Sites may allow you to submit, post, display, provide, or otherwise make available certain content or information and the Sites may act, in part, as a passive channel for online distribution of information submitted by you and by other visitors and users of the Sites (collectively, “User Submissions”). Certain parts of the Sites may contain and display User Submissions, such as discussion forums and comments on blog postings. Bamboo Health does not and will not screen User Submissions in advance and is not responsible for screening or monitoring any posted material. The User Submissions may not reflect Bamboo Health’s views and Bamboo Health does not have any obligation to monitor, edit, or review any User Submissions. Bamboo Health assumes no responsibility or liability arising from User Submissions.
In connection with your User Submissions, you affirm, represent, and warrant the following:
- you have the written consent of each and every identifiable natural person referred to or mentioned in your User Submissions, if any, and each such person has released you from any liability that may arise in relation to such use;
- you have obtained and are solely responsible for obtaining all consents as may be required by applicable law in connection with your provision of any User Submissions relating to third parties;
- your User Submissions or our use thereof as contemplated by these Terms and Conditions will not violate any applicable law or infringe any rights of any third party, including without limitation any intellectual property rights or other proprietary rights, or any privacy rights; and
- to the best of your knowledge, all of your User Submissions are truthful and accurate.
WITHOUT LIMITING ANY OTHER PROVISION HEREIN, WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER SUBMISSIONS. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USER SUBMISSIONS AND THE CONSEQUENCES OF MAKING THEM AVAILABLE TO US OR THROUGH THE SITES, AND WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY USER SUBMISSIONS PROVIDED BY YOU OR ANY OTHER USER.
4.2. Appropriate Conduct When Submitting Information or Using or Accessing the Sites
You represent and warrant that information submitted by you on the Sites is true and correct and that you have the right to submit any such information. You agree that you will not use language and content which may be reasonably regarded as inappropriate by other users. Your use of the Sites and your submission of information on the Sites must comply with any and all applicable laws.
You are responsible for your own conduct and communications relating to the Sites and for any consequences thereof. You will be responsible for all obligations incurred, liabilities for harm caused, and actions taken through your use of or access to the Sites. You agree to access and use the Sites only to send and receive messages and material that are legal and are related to the lawful content on the Sites.
By way of example, and not as a limitation, you agree that when using the Sites, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) upload, post or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
(c) upload, post or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
(d) upload, post or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms and Conditions or any other applicable policies or guidelines;
(e) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
(f) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of content, software or other material;
(g) promote or provide instructional information about illegal activities;
(h) promote physical harm or injury against any group or individual;
(i) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
(j) download, share, access, or otherwise use the Documentation and/or any other content on the Sites for commercial purposes;
(k) rent, lease, loan, trade, or sell/re-sell the Documentation or access to the services or Documentation;
(l) remove any copyright, trademark, or other proprietary rights notices contained in or on the Sites or Documentation;
(m) use bots, scripts, or other automated methods to access the Sites or any of the services or Documentation;
(n) engage in “framing,” “mirroring,” or otherwise simulating the appearance of function of the Sites or any Documentation; or
(o) access the services and/or Documentation through interfaces not expressly provided or authorized by Bamboo Health.
4.3. Abusive User Submissions
Bamboo Health reserves the right to remove or change User Submissions which it determines, in its sole discretion, violates these Terms and Conditions without any liability to you or any user. Bamboo Health reserves the right to terminate your ability to access or use the Sites or any Documentation and prevent your further access to the service or Documentation, if it, in its sole discretion, believes that you are violating or have violated the Terms and Conditions or any applicable law relating to the Sites or Documentation.
Please refer to the Bamboo Health Privacy Notice for more information.
You agree to indemnify and hold Bamboo Health and its affiliates, agents, suppliers and licensors (and its and their employees, contractors, agents, officers and directors) harmless from and against any and all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or in connection with your use of the Sites and/or Documentation, including, but not limited to, any violation of these Terms and Conditions.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM ALL LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE, FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING OUT OF YOUR USE OF THE DOCUMENTATION AND/OR SITES, OR ANY WEBSITE OR APPS WITH WHICH EITHER IS LINKED, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, OUR LICENSORS, EMPLOYEES, CONTRACTORS OR AGENTS TO YOU, OR TO ANY OTHER PARTY EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT YOU PAID BAMBOO HEALTH TO USE THE SITES; OR (B) $100. YOUR CLAIM FOR SUCH DAMAGES IS OUR SOLE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN THE EVENT OF THE BREACH BY US OF THESE TERMS AND CONDITIONS. THE FORGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY YOU MIGHT HAVE.
No action, regardless of form, arising out of this agreement may be brought by you more than twelve (12) months after the cause of action first arose.
8. Choice of Law, Arbitration and Class Action/Jury Trial Waiver
8.1. Choice of Law
The Sites shall be deemed solely based in Kentucky, and the Sites shall be deemed passive websites that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Commonwealth of Kentucky, Jefferson County. These Terms and Conditions are subject to Kentucky law, without regard to its choice of law provisions. Notwithstanding the preceding sentence, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the arbitration provision in Section 8.2 below (the “Arbitration Provision”) and preempts all state laws to the fullest extent permitted by law. If the FAA is determined to not apply to any issue that arises from or relates to the Arbitration Provision, then that issue shall be resolved under and governed by the law of your state of residence. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Kentucky for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights or other proprietary rights, as set forth in the Arbitration Provision, including without limitation any provisional relief required to prevent irreparable harm. You agree that the courts located in the Commonwealth of Kentucky, Jefferson County are the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration Provision is found to be unenforceable.
READ THIS ARBITRATION PROVISION CAREFULLY BECAUSE IT REQUIRES THE USE OF ARBITRATION IN ANY DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
This Arbitration Provision applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (a) these Terms and Conditions, including without limitation the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Sites, including without limitation the receipt of any advertising, marketing, or other communications from us; (c) any transactions through, by, or using the Sites; or (d) any other aspect of your relationship or transactions with us, directly or indirectly (“Claim” or collectively, “Claims”). The Arbitration Provision shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms and Conditions.
For any Claim, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Bamboo Health has not been able to resolve a Claim after sixty (60) days, each of you and we agree to resolve the Claim through binding arbitration by the American Arbitration Association (“AAA”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Provision, this Arbitration Provision shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or in the Commonwealth of Kentucky, Jefferson County unless you and we agree otherwise. If you are an individual using the Sites for non-commercial purposes: (a) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (c) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Provision, including without limitation any claim that all or any part of this Arbitration Provision is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including without limitation any issues relating to whether any provision of these Terms and Conditions is unconscionable or illusory and any defense to arbitration, including without limitation waiver, delay, laches, unconscionability, or estoppel.
NOTHING IN THIS ARBITRATION PROVISION WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
If this Arbitration Provision is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Provision, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Provision. Notwithstanding the foregoing, if the class action/jury trial waiver in Section 8.3 is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Provision shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
8.3. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND WE AGREE THAT, BY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Should any part of the Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated.