Terms and Conditions

 

The content of the Neff Running, LLC, DBA Hardloop Endurance website, including Hardloop training site and all content delivery platforms, (“Site”) is provided to you, the user, to broaden your understanding and knowledge of running, exercise, endurance training, and racing. This information should not be considered to be exhaustive of a particular topic, and should never be used in place of a visit or call to, consultation with or advice from your physician or other health care provider. We strongly recommend that you consult a health care professional prior to using any information or advice contained in this Site that sets forth, illustrates, or suggests a particular diet, workout regimen, or activity. Further, we do not recommend the self-management of health problems because of the advice or recommendations contained in this Site. You should never disregard medical advice or delay in seeking it because of something you have read in this Site. We do not assume any liability for injuries that may occur while using any information contained in this Site, regardless of whether a doctor was consulted.

 

Neff Running, LLC, DBA Hardloop Endurance authorizes you to view and use the material on this site solely for your personal, noncommercial use. The content of this site such as text, graphics, images, and other materials (“Materials”), are protected by copyright under both United States and foreign law. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Materials and on any copies you make of the Material for your personal, non-commercial use. You may not sell or modify the Material in any way for any public or commercial purpose. The use of the Material on any other Website or in any networked computer environment for any purpose is prohibited. If you violate the terms of this Agreement, the Company and Service Provider reserve the right to terminate your access to the Site, and you must immediately destroy any copies you have made of the Material.

 

Privacy Policy

 

Neff Running, LLC, DBA Hardloop Endurance (“Company”) focuses on creating comprehensive and informative running information for the Internet. This Online Privacy Policy Statement is designed to help us better serve our customers needs, while meeting their online privacy expectations. The Company Site automatically recognizes information about our visitors in order to improve the quality of our Site, and provide our users with dynamic web pages. To achieve this goal, we determine what computer you are accessing our Site from and record the pages you have viewed, as well as other Site usage information. This information allows us to better serve our visitors to the Site and improve our content. This information is not rented or sold to any other company. The Site does not collect personal identifying information except with your specific knowledge and consent. This information is never shared with any outside party without your prior consent. At times, the Site will request that you provide non-identifying information such as race distances and performance times so that we may provide you with customized information. It never is connected to any personal information. In some instances, we may require certain personal information, such as an e-mail address, mailing address, etc. This information will be used only for the specific purpose for which you supply it (e.g., signing up for the coaching program).

 

On occasion, we may run promotions or request material for publishing. In order to participate, we may require your identity and perhaps ask your permission to have it publicly associated with your submission. The exact rules will vary by case and will be clearly noted on relevant pages. Your participation will always be voluntary and knowing. We may contact you via e-mail or otherwise to inform you about specials, new products or services, or changes to this privacy policy. You may choose to opt out of communications by designating your request by email to coach@hardloop.run. We will not sell or rent your email address to any third party outside of our organization.

 

The Site contains links to other sites. Please be advised that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site.

 

From time to time we may request information from you through voluntary surveys, contests, and questionnaires. Participation through responding to us through the survey, contest, or questionnaire is completely voluntary. You may choose whether or not to participate and therefore disclose the requested information, and your use of this Site is not based on the disclosure of the requested information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Site. We reserve the right to utilize answers to requested information in order to directly market products and services to you.

 

Please periodically review this page to keep apprised of any changes to this Neff Running, LLC, DBA Hardloop Endurance Privacy Policy Statement. Additionally, please review the Neff Running, LLC, DBA Hardloop Endurance disclaimer to learn more about the terms and conditions governing this Site.

 

European Global Data Protection Regulation

 

Neff Running LLC, DBA Hardloop Endurance understands Member Registration and Payment Information may be considered Personal Data under European Union Global Data Protection Regulations (GDPR). Neff Running LLC, DBA Hardloop Endurance endeavors to comply with GDPR including, but not limited to, a) protecting your right to have Personal Data collected only after you have specifically taken action to approve the collection of your Personal Data, b) the right to easily access a mechanism to withdrawal that approval and have your Personal Data promptly removed from our proprietary internal database, c) using industry standard best practices to maintain care, custody, and control over the Personal Data we collect, and d) reporting as prescribed by GDPR any breach of Personal Data within 72-hours of our discovery of such breach. Neff Running LLC, DBA Hardloop Endurance believes the nature and scope of the Personal Data it collects does not require the designation of a GDPR Data Protection Officer.

 

And, we aim to store as little personal information as possible. We store your name and email (and physical address, if necessary, for shipping physical products) in order to process your orders and send you an invoice.

 

We do NOT store your credit card information, which is sent directly to our payments provider.

 

Our vendors

 

We may share parts of your data with the following 3rd party vendors that we require to make your products and services work:

 

Wix Payments / PayPal: For processing payments. Your name, email and credit card information is never stored anywhere in our system.

 

Wix Mail: For sending transactional emails. Nothing is explicitly shared with SendGrid.

 

Wix Campaign, SendFox, MailChimp: For adding your email to our customers email list when signing up. You are always free to unsubscribe.

 

Final Surge: If you are a privately coached Hardloop Athlete, then your order information is shared with Final Surge in order to provide access to your training plan and athlete content.

 

Google G Suite: For email communication with customers and website analytics.

Your data

 

If you wish to access, modify or delete your data please send and email to coach@hardloop.run with your request and we will make sure to process it as quickly as possible. If you have any questions or concerns please contact us using the same email address.

 

Payments, Fees and Renewals

 

If you choose to elect to pay membership fees for private coaching, training plans, events,or other products and services (digital or physical), you are obligated to make one time payments or membership fees on a monthly or annual basis. Membership fees will be billed automatically to the Payment Method and will renew automatically until membership is terminated. You authorize Neff Running to charge your designated Payment Method for the membership charges and fees. Neff Running reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this Site. Purchases of membership to any product or service are final and non-refundable for any unused portions of your membership period.

 

Cancellation

 

You may cancel your membership at any time by contacting coach@hardloop.run. Cancellation of your membership will go into effect at the end of your current billing cycle.

 

Termination

 

Neff Running reserves the right to refuse or cancel service, terminate accounts and subscriptions at its sole and absolute discretion. You agree that Neff Running shall not be liable to you or any third party for any termination of your account or access to the Site.

 

User Conduct

 

As a user of the Site, you alone are responsible for maintaining the confidentiality of your credentials to log onto the Site. You understand and agree that you are fully responsible for any and all content you upload to the Site. You understand that Neff Running does not control the content posted to the Site by other users and makes no warranties as to the accuracy of such content. You agree to use caution when personally identifying yourself in any Content on the Site.

 

You agree not to post content to the Site that is unlawful; harmful, abuse, tortious, or vulgar; in violation of a contractual or fiduciary relationship; in violation of another’s patent, trademark, trade secret, copyright or other proprietary rights; promotional in nature for any third party service; or interferes with the functionality of the Site.

 

You acknowledge that Neff Running reserves the right, in its sole and absolute discretion, to monitor and reject any Content that is available on the Site and that violates the Terms or is otherwise objectionable.

 

Content Submitted to the Site

 

Neff Running does not own the Content that you submit to the Site. However, but agreeing to these Terms and Conditions, Neff Running is granted a perpetual, irrevocable license to use and distribute any Content on the Site for any purpose.

 

Neff Running disclaims any and all responsibility to maintain and store a user’s content on the Site once the user cancels his or her subscription to the Site.

 

Interaction with Site Users

Neff Running has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site. Neff Running shall have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Site. It is your responsibility to exercise common sense and prudence when dealing with any other site user.

 

Indemnity

 

You agree to indemnify and hold Neff Running and its affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Site, your reliance on any Content on the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another person or entity.

 

Arbitration

 

Any dispute concerning the parties’ rights and responsibilities under this Agreement which the parties cannot resolve within thirty (30) days shall be directed to binding arbitration administered by, and pursuant to the rules of, the American Arbitration Association (“AAA”) in Austin, TX, with all expenses being shared equally by the parties. Judgment upon any AAA award may be entered into Texas Superior Court. The prevailing party in any dispute arising out of this Agreement shall be entitled to an award of its reasonable attorneys’ fees and costs.

 

Governing Law and Severability

 

This Agreement shall be governed and interpreted in accordance with Texas law. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

 

Notices

 

Communications and notices required or permitted under this Agreement shall be deemed delivered when hand-delivered to the receiving person, or when mailed, certified mail, return receipt requested, in first class U.S. mail, to the addresses specified in the Agreement, or when faxed to the fax number or electronically transmitted to the Internet address specified, with hard copy mailed within three (3) days thereafter in the manner set forth above. The contact person and addresses for communications and notices are set forth in the Agreement. Any party may change its address for purposes of this notice provision by giving notice in the manner prescribed above.

 

Force Majeure

Neither party shall be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, civil war, strikes, pandemics, or labor disputes, or any other cause beyond the parties’ reasonable control. Each party agrees to notify the other party promptly of the occurrence of any such cause and to carry out this Agreement as promptly as practicable after such cause is terminated.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Neff RUNNING AND OR ITS affiliates, officers, agents, representatives, employees, partners and licensors BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OR USE OR INJURY TO PERSON OR PROPERTY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR RELATED SERVICES. SHOULD YOU BE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE THE USE OF THE SITE.

 

YOU voluntarily choose to utilize the services of Neff Running in order to improve your training and racing. YOU understand that the training philosophy of Neff Running is to very gradually and scientifically increase your ability to train and race more effectively. YOU also understand that this training philosophy may create certain potential risks such as abnormalities in YOUR blood pressure, breathing, heart rate, and/or muscular-skeletal system that cannot be predicted with complete accuracy. YOU understand that YOU are responsible for monitoring YOUR own condition throughout the training program which YOU have chosen and agreed to undertake, and should any unusual symptoms or conditions occur, I will immediately cease following the training program and inform my PHYSICIAN of the symptoms or condition. In stating that YOU agree to this agreement and waiver of liability, YOU acknowledge that YOU have read this form in its entirety and that YOU understand the potential risks associated with THE USE OF the TRAINING PROGRAMS ON THE SITE. YOU also agree to consult with and obtain written permission from YOU primary care physician prior to undertaking USE OF THE SITE. If YOU do not consult with and obtain permission from YOUR primary care physician, YOU accept any and all consequences that may result from this inaction on YOUR part. YOU EXPRESSLY AGREE THAT Neff RUNNING IS NOT PROVIDING MEDICAL ADVICE VIA THE SITE. NO CONTENT FOUND ON THE SITE IS INTENDED TO BE AND SHOULD NOT BE IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR MEDICAL PROFESSIONAL OR PRESCRIBED MEDICATION. SHOULD YOU HAVE AN EMERGENCY, YOU AGREE TO CONTACT YOUR PHYSICIAN, EMERGENCY MEDICAL CENTER, OR HOSPITAL IMMEDIATELY. Finally, in consideration for being allowed to participate and choosing to engage in this training program, YOU agree to assume the risks of such training, and further agree to hold harmless Neff Running, LLC, DBA Hardloop Endurance from any and all claims, suits, losses, and/or related causes of actions and damages, including, but not limited to, such claims that may result from my injury or death, accidental or otherwise, during or arising in any way from, the USE OF THE SITE.

Description of and Assumption of Risks

 

The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, sickness, disease, contagion including but not limited to COVID-19, permanent disability, paralysis and loss of life. The Participant understands and acknowledges that there are risks, dangers and hazards inherent in the Activities and related disciplines (the “Risks”) which include without limitation: strenuous and demanding physical exertion, strenuous cardiovascular workouts, rapid movements, exertion and tension on various muscle groups which may cause serious in jury to any/or all bones, joints, ligaments, muscles, tendons and other aspects of the Participant’s body or the Participant’s general health and well being; Concussion or other related head injuries including but not limited to closed head injury or blunt head trauma; Loss of or damage to equipment/property; Exposure to extreme conditions and circumstances; Contact with or proximity to other participants, officials, administrators, spectators, natural or manmade objects, dangers arising from adverse weather conditions, imperfect field of play conditions, equipment failure or malfunction, inadequate safety measures and the involvement of participants of varying skill levels; Contact with or exposure to other participants, officials, administrators, spectators or other attendees at the facilities at which the Activities take place who may have been or may be infected with COVID-19 resulting in the Participant contracting or spreading COVID-19. Contact with or exposure to surfaces or equipment at the facilities at which the Activities take place resulting in the Participant contracting or spreading COVID-19. The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming.The Participant understands that the Risks may be caused in whole or in part by the Participant’s own actions or inactions, the actions or inactions of others participating in or present during the Activities, or the negligent acts or omissions of the Organization. The Participant also understands that the Organization cannot prevent the Participant from becoming exposed to, contracting, or spreading COVID-19 while engaged in the Activities and that by engaging in the Activities the Participant may be exposing themself to or increasing their risk of contracting or spreading COVID-19. The Participant expressly and voluntarily chooses to accept the risk of contracting COVID-19 and the responsibility for any damages, liabilities, losses including loss of income, expenses, or any other related losses arising therefrom. The Participant expressly and voluntarily assumes the Risks and the responsibility for any damages, liabilities, losses including loss of income, expenses, or any other related losses arising from the Risks as a result of the Participant’s participation in the Activities. Participation in running and conditioning programs carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I know that running is a potentially hazardous activity and certify that I am in good health and physically fit to enter into a training program. I acknowledge that I am aware of the many risks involved in athletic training in general and running training specifically, which risks include by way of example and not limitation: 1) minor injuries such as scrapes, bruises, sprains and strains, 2) more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, heat related injuries such as heatstroke and heat exhaustion, dehydration and over hydration conditions such ashyponatremia, and catastrophic injuries and conditions such as heart attacks and other conditions or injuries which could be fatal. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in training for and participating in road, trail and track running and racing and any conditioning and cross training activities associated with that training. I agree and understand that I am solely responsible for my health and medical condition, and that it is my sole responsibility to determine my physical and medical fitness to undertake a strenuous training program. I acknowledge that the Coach is not a medical doctor and that advice and recommendations of the Coach are based upon the Coach's training, certifications, and experience as a runner and a running coach. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.

 

Terms and Attestation

 

The Participant attests, acknowledges and agrees: That the Participant is in good physical and mental condition to participate in the Activities. The Participant will comply with the rules and regulations for participation in the Activities including those that are a condition of use of the facility or venue in which the Activities occur. The Participant will comply with all rules and regulations of the Organization, and all laws, rules, regulations, policies and guidelines issued by the City, County, State, and Country of the Activity and relevant Public Health Authorities concerning matters of health and safety and specifically as they relate to COVID-19. If the Participant observes a significant hazard or risk, the Participant will remove themselves from participation in the Activities and report the hazard or risk to the attention of an Organization representative immediately. That the Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant When the Participant practices or trains in the Participant’s own space, the Participant is responsible for the surroundings and the location and equipment that the Participant selects. That it is the Participant’s sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity; and That the Participant is responsible for the choice of the Participant’s safety equipment, if required or recommended, and the secure fitting of the safety equipment.

 

Severability and Acknowledgment

 

Site User expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon me, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by signing this agreement I understand that I have waived my right to maintain a lawsuit against the Organization and released the Organization from any claims that I may have against the Organization for any injuries, loss or damage arising out of my participation in the Activities.

 

Complete Agreement; Non-Waiver

 

This Agreement (as defined above) constitutes the entire agreement between the parties. This Agreement supersedes and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Agreement can only be amended by specific written amendment signed by both parties. Any failure by either party to require strict performance by the other of any provision of this Agreement shall not constitute a waiver of such provision or thereafter affect the parties full rights to require strict performance.

 

Thank you for taking the time to review the terms and conditions, which govern the use of this Site. We encourage you to periodically review these rules to keep yourself apprised of any revisions to this Agreement. If you do not agree to the terms contained in this Agreement, please cancel your membership to the Site.

 

Affiliate Program Terms and Conditions

 

As an authorized affiliate (“Affiliate”) of Neff Running, LLC, DBA Hardloop Endurance (“Neff Running”), you agree to abide by the terms and conditions contained in this Agreement (“Agreement”). You should read the entire Agreement carefully before registering and promoting Neff Running as an Affiliate. By signing up for the Neff Running Affiliate Program (“Program”), you indicate your acceptance of this Agreement and its terms and conditions.

 

Your voluntary participation in the Program is solely to legally advertise its website (www.hardloop.run) to receive a commission on memberships and products purchased by individuals referred to Neff Running by your own website or personal referrals or by other authorized measures.

 

Discretion to Neff Running

 

Neff Running reserves the right to approve or reject ANY applicant in its sole and absolute discretion.  You agree that you will have no legal recourse against us for the rejection of your application.

 

Commissions

 

Commissions will be paid on a monthly basis, or on such other recurring period as Neff Running may determine, in its sole and absolute discretion. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 14 days.

 

You cannot refer yourself, and you will not receive a commission on your own accounts. Referring yourself may result in immediate termination.

 

Referral Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid a commission.

 

For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an Affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly-structured Affiliate links or use Affiliate code. Properly coded links are the sole responsibility of the Affiliate.

 

Neff Running has the right to modify the referral rates under the Affiliate Program at any time, without advance notice, at its sole and absolute discretion.

 

Termination

 

Your affiliate application and status in the Program may be suspended or terminated for any reason, including, but not limited to, the following:

 

Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

Spamming (mass email, mass newsgroup posting, etc.).

Advertising on sites containing or promoting illegal activities.

Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.

Violation of intellectual property rights. Neff Running reserves the right to require license agreements from those who employ trademarks of Neff Running in order to protect its intellectual property rights.

Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive.

Self referrals, fraudulent transactions, suspected Affiliate fraud.

In addition to the foregoing, Neff Running reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or for no reason.

 

Affiliate Links

 

You may use graphic and text links both on your website and within in your email messages. You may also advertise the Neff Running site in online and offline classified ads, message boards, magazines, and newspapers.

 

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.

 

Liability

Neff Running will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to its website(s).

 

Neff Running makes no expressed or implied warranties with respect to the Program and/or the memberships or products sold by Neff Running. We make no claim that the operation of the Program and/or its website(s) will be error-free and we will not be liable for any interruptions or errors. Neff Running reserves the right, in its sole and absolute discretion, to terminate the Affiliate Program at any time, without notice.

 

Term of the Agreement

 

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

 

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only recourse is to terminate your Affiliate account. Your continued participation in the Program constitutes your acceptance of any modification.

 

Indemnification

 

Affiliate shall indemnify and hold harmless Neff Running and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors, and assigns, including those licensed or authorized by Neff Running to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

 

Relationship of Parties

 

Affiliates are independent contractors, only. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.  Affiliates have no authority to make or accept any offers or representations on our behalf.  Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement. Affiliate shall not infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Neff Running or any other site.

 

Governing Law, Jurisdiction, and Attorney Fees

 

Any dispute concerning the parties’ rights and responsibilities under this Agreement that the parties cannot resolve within thirty (30) days shall be directed to binding arbitration administered by, and pursuant to the rules of, the American Arbitration Association (“AAA”) in Texsa. All expenses of arbitration shall be shared equally by the parties. Judgment upon any AAA award may be entered into Texas Superior Court. The prevailing party in any dispute arising out of this Agreement shall be entitled to an award of its reasonable attorneys’ fees and costs.

 

Electronic Signatures Effective

 

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Neff Running affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

 

Miscellaneous

 

Any perceived or actual failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of Neff Running’s right to subsequently enforce such provision or any other provision of this Agreement.

 

If any provision of this Agreement is determined by a court to be unenforceable, such provisions shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.