Terms Of Use

Call-Em-All, LLC ("Call-Em-All") is providing users (“User”) with access to its telephone messaging services and web site, (the "Call-Em-All Service"), subject to the terms and conditions of this User Agreement (the "Terms of Use"). Any new features, changes, updates or improvements of the Call-Em-All Service, and the availability of new Call-Em-All services, shall be subject to the terms of this User Agreement unless explicitly stated otherwise.

1. YOUR ACCEPTANCE OF THIS USER AGREEMENT

Please read the User Agreement carefully before using or registering for the Call-Em-All Service. By using or registering for the Call-Em-All Service, you agree to be bound by the terms and conditions set forth. If you do not wish to be bound by these terms and conditions, you may not access or use the Call-Em-All Service.

2. MODIFICATION OF TERMS

We reserve the right to modify and restate the terms and conditions of the User Agreement, and modification(s) shall be effective immediately upon being posted on the Call-Em-All.com web site.

Unless explicitly stated otherwise, any new features that augment or enhance the current Call-Em-All Service, including the release of new Call-Em-All properties, shall be subject to the User Agreement. You understand and agree that the Call-Em-All Service is provided "AS-IS" and that Call-Em-All assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or deliver any User communications or personalized information.

You are responsible for reviewing these terms and conditions regularly. Your continued use of the Call-Em-All Service shall be deemed to be your conclusive acceptance of all modifications to the User Agreement.

3. PRIVACY POLICY

By using or registering for the Call-Em-All Service you acknowledge that you have read and accept the Call-Em-All Privacy Statement. Before using or registering for the Call-Em-All Service, please carefully read the Call-Em-All Privacy Statement. A link to the Call-Em-All Privacy Statement is on the bottom of each page of Call-Em-All.com.

4. REMOVE PHONE NUMBER

If members of your group do not wish to receive messages, they may visit our website and click ‘Do Not Call’ on the home page of the web site. Alternatively, you may notify Call-Em-All of your request for the removal of a telephone number from a calling list by sending an e-mail to AccountSupport@call-em-all.com or by writing to: Call-Em-All, 2591 Dallas Pkwy, Suite 300, Frisco, TX, 75034. If no specific calling list is specified, the number will be blocked from receiving calls from any Call-Em-All user. Our Do Not Call list applies even if a calling list is uploaded to our system by a client and is not stored in our database.

5. REGISTRATION INFORMATION

You agree, as a condition of your use of the Call-Em-All Service, to provide Call-Em-All with accurate and complete information when registering for or using the Call-Em-All Service, and to update and maintain such information. Call-Em-All has the right to suspend, restrict or terminate your use of the Call-Em-All Service and to refuse any future use of all or portions of the Call-Em-All Service if Call-Em-All has reason to believe that you have failed to comply with these requirements.

6. MINIMUM AGE

If you are under the age of eighteen, you are prohibited from using or registering for the Call-Em-All Service. By using or registering for the Call-Em-All Service, you warrant to Call-Em-All that you are above the age of eighteen. In addition, parents of children under the age of 18 should be aware that the Call-Em-All Service is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the Call-Em-All Service is inappropriate for your child.

7. TELEPHONE CHARGES

Access to the Call-Em-All service is achieved by dialing a toll-free number within any of the contiguous forty eight (48) states of the United States, Hawaii, and Canada. Call-Em-All Communications is not responsible for any charges that you may incur from dialing outside of the United States or any other connection charges that you may incur when calling the Call-Em-All toll-free phone number, e.g., cellular, mobile, or pay phones.

Please note that Call-Em-All delivers messages anywhere within the contiguous forty eight (48) states of the United States. Messages CANNOT be delivered to Alaska.

8. ACCOUNT SECURITY

When you are registered, you will establish a Username and a PIN. You are responsible for protecting the confidentiality of your Username and PIN, and you are fully responsible for all activities that occur under your Username.

You agree: (a) to exit from your account when you conclude each session, and (b) to immediately notify Call-Em-All of any loss, compromise or unauthorized use of your Username and PIN or any other breach of security. You may notify Call-Em-All by sending an e-mail to AccountSupport@call-em-all.com or by writing to: Call-Em-All, 2591 Dallas Pkwy, Suite 300, Frisco, TX, 75034. Call-Em-All will not be liable for any loss or damage of any kind resulting from either the authorized or unauthorized use of your Username and PIN.

9. CONSENT TO RECORD YOUR VOICE INPUTS

You agree and consent that Call-Em-All may record oral or voice communications, utterances, conversations or commands, made by you during the use of the Call-Em-All Service. By using the Call-Em-All Service, you expressly consent and grant to Call-Em-All the right to record and use these recordings. If you do not authorize Call-Em-All to make or use these recordings, you may not use the Call-Em-All Service.

Call-Em-All is under no obligation to monitor any recordings for accuracy, completeness, or quality. User understands that recordings may or may not resemble that which User intends to record and that Call-Em-All is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content (hereinafter defined) of the Call-Em-All Service.

10. RESTRICTION AND MODIFICATION OF SERVICE

You agree that Call-Em-All may limit your use of the Call-Em-All Service, including without limitation the frequency and duration for which you may access the Call-Em-All Service, and that Call-Em-All has no responsibility or liability for any unavailability or limitation on use of the Call-Em-All Service. In addition, Call-Em-All reserves the right at any time to limit: access to, modify, change or discontinue the Call-Em-All Service, or any part thereof, with or without notice. You agree that Call-Em-All shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Call-Em-All Service. You acknowledge and agree that Call-Em-All may establish general practices and limits, which may not be published, concerning the use of the Call-Em-All Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the Call-Em-All Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that Call-Em-All has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Call-Em-All Service. You acknowledge that Call-Em-All reserves the right to terminate any inactive or dormant account(s). You agree and Call-Em-All reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

11. YOUR CONDUCT

As a condition of your use of the Call-Em-All Service, you agree and warrant to Call-Em-All that you will not use the Call-Em-All Service for any purpose that is unlawful or prohibited by the User Agreement. You may not use the Call-Em-All Service in any manner that could damage, impair, disable or overburden the Call-Em-All Service, interfere in any way with Call-Em-All’s rights, interfere in any way with any other user's use and enjoyment of the Call-Em-All Service, or otherwise infringe on any person's rights.

Specifically, you agree and warrant to Call-Em-All that:

• You will not use, or attempt to use, the Call-Em-All Service to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, indecent, objectionable, or invasive of another person's privacy or proprietary rights.
• You will follow the letter and spirit of the terms of the User Agreement and all applicable laws;
• You will not use, or attempt to use, the Call-Em-All Service in connection with any junk messages, spamming, advertising or messages that are duplicative, unsolicited, or promotional in nature;
• You will not send, or attempt to send, messages to emergency lines, to any health care facility or similar establishment, to numbers assigned to radio common carrier services or to any service for which the called party is charged for the call;
• You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;
• You will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Call-Em-All, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
• You will not resell, or attempt to resell, the use of the Call-Em-All Service without express, prior written consent/permission from Call-Em-All;
• You will not collect, or attempt to collect, or store information about the Call-Em-All Service or other users, including contact information, without their consent;
• You will not interfere, or attempt to interfere, with or disrupt connections to the Call-Em-All Service or violate the regulations, policies or procedures of such connections;
• You will not attempt to gain unauthorized access to the Call-Em-All Service, other accounts, computer systems or networks connected to the Service.
• You will not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password/PIN mining or any other means.
• You agree and Call-Em-All retains the right, at its sole discretion, to determine whether or not User’s conduct is consistent with the letter and spirit of the User Agreement. Call-Em-All may immediately terminate User’s Call-Em-All account if User’s conduct is found to be inconsistent with this User Agreement.

12. NO SPAM AND CONSENT TO DAMAGES

Call-Em-All will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to Call-Em-All (and our customer base) in numerous ways including, but not limited to, damaging the Call-Em-All brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. Call-Em-All retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by Call-Em-All; then you agree to pay Call-Em-All liquidated damages of $5.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your Call-Em-All account; otherwise, you agree to pay Call-Em-All's actual damages, to the extent such actual damages can be reasonably calculated by Call-Em-All.

13. COMPLIANCE WITH FEDERAL AND STATE REGULATIONS

User agrees to comply with the rules and regulations with specific regard to the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations and individual State Do Not Call Lists rules and regulations along with any other similar laws that may be applicable to User’s use of the Call-Em-All Service. User agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that subscribers use of the Call-Em-All Service will not cause Call-Em-All to violate these or similar laws.

User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the Call-Em-All Service will not cause Call-Em-All to violate these or other similar laws.

User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which Call-Em-All Services will be applicable. User understands and agrees that Call-Em-All will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the Call-Em-All Service.

14. NO RESPONSIBILITY FOR CONTENT

As part of the Call-Em-All Service, Call-Em-All may offer User access to communications, media and commerce services. Call-Em-All does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the Call-Em-All Service. You acknowledge that the Call-Em-All Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that Call-Em-All has no obligation to screen, preview, or monitor such Content. By using the Call-Em-All Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the Call-Em-All Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will Call-Em-All be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the Call-Em-All Service.

15. DISCLOSURE

Call-Em-All may make identifiable information available to our employees and third parties with whom we contract. In addition, Call-Em-All may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about our users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that Call-Em-All may make such uses of information you provide or Call-Em-All collects.

While Call-Em-All is committed to protect your privacy, Call-Em-All does not guarantee that your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that Call-Em-All may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with any legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of Call-Em-All, its users or the public. Call-Em-All does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.

As we continue to develop our business, we might sell our company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that Call-Em-All, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.

16. SERVICE FEES AND CHARGES

The basic account fees ("Service Fees") shall be provided at the rates set out in the Call-Em-All pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges. Call-Em-All may modify subscription Service Fees at renewal periods.

17. SUBSCRIPTION BILLING

Service Fees for subscription users of the Call-Em-All Service will be automatically charged on the first day of each month to the credit or debit card on file for User.

If for any reason payment is not effected through User's credit or debit card and payment becomes past due, Call-Em-All will assess a late payment charge of 1.5% per month, or 18% annually (or the highest amount allowed by law, whichever is lower) on the amount due. The total amount of the late payment, and the late charge, shall be due and payable immediately. User is responsible for any fees, including attorney and collection fees that Call-Em-All may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the User. Additionally, Call-Em-All reserves the right to immediately and without notice terminate the account of any User with a past due balance.

Call-Em-All reserves the right to change the billing process upon providing the Subscriber with 30 days notice in writing or via email.

Unlimited Usage on Subscription Accounts: You agree and Call-Em-All retains the right, at its sole discretion, to determine whether or not User is abusing the unlimited usage privilege on a subscription account. If Call-Em-All determines that an account is abusing the unlimited usage privilege, Call-Em-All may restrict or terminate that account. As a guideline only, a user that creates broadcasts that result in more calls per day than the maximum number of recipients in their subscription plan will be considered in abuse of the unlimited usage privilege. Abuse may be addressed by contacting the group leader to warn of excessive usage. Call-Em-All reserves the right to charge an additional 9 cents ($.09) per call for any excessive calls, as determined at the sole discretion of Call-Em-All.

18. FREE TRIALS

Call-Em-All may permit User to use the Call-Em-All Service on a free trial basis. During this time, User will not incur any charges or fees for use of the service. After the expiration of your free trial, you will have the option to purchase a Call-Em-All messaging package or subscription as described on the Call-Em-All web-site. Call-Em-All reserves the right to terminate the account of any free trial User at any time.

19. TERM AND TERMINATION

Call-Em-All Service subscriptions shall automatically renew on a monthly basis at the rate indicated on the pricing plans page of the Call-Em-All.com website. Users may discontinue their subscription at any time by logging in to the website and selecting “Cancel my Subscription”, or by sending an email to AccountSupport@call-em-all.com. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. Users that have no past due balance and have paid for the current month will be able to complete broadcasts on their cancelled account until their paid subscription ends.

Call-Em-All per-call service plans will expire after one hundred eighty (180) days of inactivity or upon exhaustion of the messages. Inactivity is defined to mean that User has neither purchased an additional per-call plan, nor initiated a broadcast. Call-Em-All per-call service plans are non-refundable.

20. SERVICE PROVIDERS

The Call-Em-All Service may provide User with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the Call-Em-All Service. Call-Em-All does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. Call-Em-All is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and do not involve Call-Em-All.

You agree that Call-Em-All is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.

21. LIABILITY DISCLAIMER

YOU AGREE THAT:

A. IF YOU USE THE CALL-EM-ALL SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE CALL-EM-ALL SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CALL-EM-ALL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR CALL-EM-ALL.COM MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.

B. CALL-EM-ALL DOES NOT WARRANT THAT (i) THE CALL-EM-ALL SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE CALL-EM-ALL SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CALL-EM-ALL SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CALL-EM-ALL SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR CALL-EM-ALL COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE CALL-EM-ALL SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.

C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE CALL-EM-ALL SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.

D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM CALL-EM-ALL OR THROUGH OR FROM THE CALL-EM-ALL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

22. LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT CALL-EM-ALL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CALL-EM-ALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE CALL-EM-ALL SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CALL-EM-ALL SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE CALL-EM-ALL SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE CALL-EM-ALL SERVICE.

23. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Call-Em-All, its officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone. You agree and we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

24. PROPRIETARY RIGHTS

You acknowledge and agree that the Call-Em-All Service and any necessary software used in connection with the Call-Em-All Service and Service Providers contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Call-Em-All Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Call-Em-All Service, except as set forth herein. Call-Em-All, the Call-Em-All logo and other Call-Em-All logos, product and service names may be trademarks, service marks or other intellectual property of Call-Em-All (the " Call-Em-All Marks"). You agree not to display or use the Call-Em-All Marks in any manner without the prior, express written permission of Call-Em-All.

25. NOTICE

You agree that Call-Em-All may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail or by posting of those notices on the Call-Em-All.com web site or through the Call-Em-All Service.

26. ENTIRE AGREEMENT

The User Agreement governs your use of the Call-Em-All Service. This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and Call-Em-All. They supersede any prior agreements between you and Call-Em-All. Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights Call-Em-All possesses with respect to this User Agreement.

27. GOVERNING LAW AND ARBITRATION

The User Agreement and the relationship between you and Call-Em-All shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Call-Em-All Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with Call-Em-All exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Frisco, Texas. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.

28. MISCELLANEOUS

Any failure by Call-Em-All to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any portion of the User Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties' intentions expressed herein. All other provisions of the User Agreement remain in full force and effect.