Terms of Service

INTENT

Agreement to these Terms of Service (referred to as "Terms") is mandatory for accessing, participating in, and utilizing the services provided by Cawthra Computers LTD (hereafter referred to as "Cawthra Computers LTD Services").

This Agreement is Legally Binding. The Terms constitute a legally binding agreement between you and Cawthra Computers LTD. Within these Terms, "we," "us," and "Cawthra Computers LTD" refer to the relevant Cawthra Computers LTD Contracting Party (defined below). "You" and "users" encompass any participant or user of Cawthra Computers LTD Services. Each time you access or use any Cawthra Computers LTD Services, you affirm your acceptance of these Terms. If you do not agree to these Terms, you are not permitted or authorized to use or engage in Cawthra Computers LTD Services, and you lack entitlement to them. These Terms are considered an integral part of any additional contractual documents or terms you enter into regarding Cawthra Computers LTD Services, and they are hereby incorporated by reference.

Identification of Cawthra Computers LTD Contracting Party. Your "Access Location" denotes the location from which you access or engage in Cawthra Computers LTD Services.

1.If your Access Location is within the United States, the "Cawthra Computers LTD Contracting Party" refers to Cawthra Computers LTD LP, a Delaware limited partnership, with offices situated at 136 Crosby St, 4th Floor, New York, New York, 10012.

2.If your Access Location is outside the United States, the "Cawthra Computers LTD Contracting Party" refers to Cawthra Computers LTD Inc.

"Cawthra Computers LTD Services" refers to the website accessible at Cawthra Computers LTD.io, encompassing all features and service offerings accessible via said website and/or provided by Cawthra Computers LTD periodically. This encompasses your Cawthra Computers LTD.io account, any software, applications, services, programs, training, courses, events, data, or content offered by Cawthra Computers LTD, whether free or for a fee, along with all associated services, tools, or software utilized in conjunction with the aforementioned, including related platforms, directories, cloud-based tools, or other technologies facilitating your interaction with them. Cawthra Computers LTD Services also encompass all public or private courses, workshops, programs, and their associated content, including corporate and enterprise programs, delivered through any medium (online or in-person) originating from or provided by Cawthra Computers LTD or on its behalf, whether offered for free or for a fee.

Updates to Terms. We reserve the right, at our discretion and to the extent permitted by applicable law, to amend these Terms in part or in whole at any time by publishing an updated version. Changes to these Terms become effective upon posting. You agree to periodically review this page to stay informed of the most recent Terms. Your continued access to or use of Cawthra Computers LTD Services signifies your continued acknowledgment and acceptance of the revised Terms.

Users Under 18 Years of Age Prohibited from Using Cawthra Computers LTD Services. Individuals under 18 years of age are prohibited from utilizing Cawthra Computers LTD Services. By accessing this site and utilizing Cawthra Computers LTD Services, you affirm and guarantee that you are 18 years of age or older. No Cawthra Computers LTD Services are intended for individuals under the age of 18.

Privacy. These Terms incorporate the Cawthra Computers LTD Privacy Policy by reference. Any personal information provided by you will be handled in accordance with the Privacy Policy.

-Cawthra Computers LTD Community Guidelines, Sexual Misconduct Policy. Cawthra Computers LTD emphasizes the importance of addressing sexual misconduct, violence, and harassment within our workplaces, campuses, and communities. Our Sexual Misconduct Policy is readily available for reference. By using Cawthra Computers LTD Services, you are agreeing to adhere to our Community Guidelines and Sexual Misconduct Policy at all times. Failure to comply with these guidelines and policies constitutes a significant breach of our Terms of Service, allowing Cawthra Computers LTD to immediately terminate your access to our services without any reimbursement.

-Cawthra Computers LTD Accounts, Passwords, Security. When you create an account with Cawthra Computers LTD, it is your responsibility to ensure the security and confidentiality of your password and login credentials. Additionally, you must maintain the accuracy and currency of the information stored in your account, including payment methods. You are liable for any activities that occur using your password or login credentials. By providing information to Cawthra Computers LTD, you warrant its truthfulness, accuracy, and timeliness, agreeing to promptly update any changes. Should you suspect any compromise to the security of your credentials or unauthorized access to your account, you must notify us immediately. You waive any claims against Cawthra Computers LTD for losses or damages resulting from unauthorized account access or usage of your credentials.

-Cawthra Computers LTD Courses. Enrolling in Cawthra Computers LTD courses subjects you to additional contractual terms, which supplement our general Terms of Service and will be provided to you prior to course enrollment. Diploma courses offered by Cawthra Computers LTD may be subject to regulations governed by local private career college and private training institution statutes. However, our part-time and training courses are not registered under any local statutes or regulations.

- Rebates and Educational Grants. Any rebates, scholarships, or promotional rewards (including Learning Credits) provided by Cawthra Computers LTD hold no monetary value, cannot be transferred to another party, and are intended solely for the personal use of the recipient. These incentives must be utilized towards enrollment fees within a twelve (12) week period from issuance. Rebates, scholarships, and promotional rewards for Cawthra Computers LTD Services cannot be stacked.

- Disclosure of Information to Educators. Course instructors may request certain information, such as your email address, to facilitate the delivery of Cawthra Computers LTD Services. They are authorized to utilize this data solely for professional and responsible communication regarding Cawthra Computers LTD Services, as outlined in our Privacy Policy. If you suspect an instructor is misusing personal information for any other purpose, please reach out to us using the contact details provided in our Privacy Policy.

- Ownership and Utilization of Cawthra Computers LTD Services and Content. Cawthra Computers LTD, along with its suppliers or licensors, retains ownership of all content, information, and data produced or provided as part of Cawthra Computers LTD Services. This encompasses curriculum materials, worksheets, assessments, project outlines, presentations, promotional materials, website content, templates, teaching aids, /images, branding elements, textual content, multimedia, software, code, and other digital or physical assets collectively referred to as "Cawthra Computers LTD Content." This content, both individually and collectively, is the exclusive property of Cawthra Computers LTD or its suppliers or licensors and is safeguarded by relevant copyright, trademark, and other applicable laws.

- Limited License for Personal Use of Cawthra Computers LTD Services and Content. As a user of our website, you are granted a limited license to access and utilize the Cawthra Computers LTD Content available on the site strictly for personal, non-commercial purposes, subject to these Terms. Additionally, if you have a Cawthra Computers LTD account and acquire any Cawthra Computers LTD Services through said account, you are granted a limited license to access and utilize the associated Cawthra Computers LTD Content for personal, non-commercial use, in accordance with these Terms and any other relevant terms governing your usage of such services. Furthermore, if you are enrolled in Cawthra Computers LTD Courses and duly registered, upon payment of applicable fees as per the terms of your Enrollment Agreement, you are permitted to access and utilize Cawthra Computers LTD Services and Content as necessary for the completion of the designated Cawthra Computers LTD Courses, subject to these Terms and the relevant Enrollment Agreement. This entitlement is exclusive to you and is non-transferable. Any unauthorized usage is strictly prohibited and unlawful. This license may be terminated or revoked at any time if there is suspicion or evidence of your breach of these Terms, or if we discontinue the availability of the relevant Cawthra Computers LTD Services and/or Content. Unauthorized use constitutes a violation of these Terms as well as copyright, trademark, and other applicable laws. You are obligated to uphold and refrain from compromising the rights of Cawthra Computers LTD and its affiliates concerning all copyright, trademarks, service marks, or other proprietary notices present in or on the Cawthra Computers LTD Content provided to you under this limited license. In addition to revoking your access to Cawthra Computers LTD Services, we reserve the right, in all jurisdictions, to pursue legal action, seek damages, obtain injunctions, or pursue any other remedies available under the law in response to violations of Cawthra Computers LTD's intellectual property rights as outlined in these Terms.

Except as explicitly stipulated in these Terms, Cawthra Computers LTD Content may not be recorded, stored, copied, reproduced, hosted, transferred, shared, communicated, republished, uploaded, posted, transmitted, or distributed in any manner without the written consent of Cawthra Computers LTD or the relevant licensor or supplier. In instances where Cawthra Computers LTD Content is made available for copying or downloading, such as within course materials, you are permitted to download a single copy of said material for your personal use exclusively, and may create reasonable physical copies solely for your consumption in conjunction with the associated Cawthra Computers LTD Services. Any modification, distribution, or use of Cawthra Computers LTD Content for purposes other than personal use, including any commercial objectives, is unauthorized and constitutes a violation of the copyright and other proprietary rights held by Cawthra Computers LTD or its licensors. For instance, you are expressly prohibited from disseminating any portion of Cawthra Computers LTD curriculum, course materials, or program content through any means, including social media platforms, the internet, YouTube, or other online sites and services.

-Cawthra Computers LTD Trademarks: The trademarks associated with Cawthra Computers LTD, including the Cawthra Computers LTD Brain Logo, Cawthra Computers LTD Remote, The Digital Learning Company, and other logos, brand elements, URLs, product, and service names utilized by Cawthra Computers LTD and its affiliates, are both registered and unregistered trademarks and are the exclusive property of Cawthra Computers LTD (referred to as the “Cawthra Computers LTD Marks”). All rights pertaining to these marks are reserved. Any usage or display of the Cawthra Computers LTD Marks requires prior written approval from us.

-Cawthra Computers LTD Use of Your User Content and Student or Participant Work: By generating, posting, or disseminating your user content, which includes Student Work, either on or as part of the relevant Cawthra Computers LTD Service, you grant Cawthra Computers LTD an eternal, transferrable, irreversible, worldwide, non-exclusive, royalty-free license to utilize, adapt, remove, publish, transmit, or exhibit your user content and Student Work without any compensation to you, for the purpose of promoting Cawthra Computers LTD. You relinquish any objections you may have concerning alterations or manipulations to your user content and Student Work. We retain the right to decline acceptance, posting, display, or transmission of any user content at our sole discretion. This provision is subject to applicable privacy laws, regulations, and policies. "Student Work" refers to any work submitted or completed in any format as part of participation in or completion of Cawthra Computers LTD Services.

-Representation of Ownership Rights to Posted Content: You affirm, warrant, and pledge to Cawthra Computers LTD that: (i) you possess or have the authorization to utilize, and shall continuously possess and be authorized to utilize, any content posted by you on or via Cawthra Computers LTD Services; (ii) the posting and utilization of your user content on or via Cawthra Computers LTD Services does not and will not at any time infringe upon the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any individual; and (iii) the posting of your user content on Cawthra Computers LTD Services does not and will not at any time result in a breach of contract between you and a third party. You agree to settle all debts owed to any individual as a consequence of posting your user content on the Cawthra Computers LTD Service and indemnify us accordingly. Additionally, you acknowledge and agree that your user content is and shall at all times be non-confidential and non-proprietary.

-Electronic Correspondence: By registering for a Cawthra Computers LTD account, you agree to allow Cawthra Computers LTD to communicate with you via email, web, or Internet posting. Furthermore, you consent to receiving emails and other electronic correspondence from Cawthra Computers LTD regarding your utilization of Cawthra Computers LTD Services, including notifications about promotions, new services, and products. If you wish to retract your consent for electronic communications from Cawthra Computers LTD

-Publicity: You hereby grant consent for Cawthra Computers LTD to use your name, image, and likeness, along with any testimonials you provide, for marketing and promotional purposes related to Cawthra Computers LTD Services, in any format, without requiring compensation or consideration. For enterprise or corporate clients of Cawthra Computers LTD, this includes the utilization of your corporate name, logo, or trademark, as well as the names, /images, or likenesses of individual participants, unless we receive written notification to the contrary prior to your use of Cawthra Computers LTD Services.

-Suggestions, Feedback, and Submissions: We value your input, feedback, and suggestions ("Suggestions"). By providing us with Suggestions, you grant us a royalty-free, perpetual, irrevocable, worldwide, unrestricted license to use such Suggestions for any purpose or application, including commercial usage, without the need for attribution or compensation to you.

-Content Disclaimers, Limitations, and Prohibitions: You are accountable for your actions when utilizing and relying on Cawthra Computers LTD Services or Content. You bear sole responsibility for the user content you generate on Cawthra Computers LTD Services. Cawthra Computers LTD neither endorses nor assumes responsibility for any user content on its Services. You assume all associated risks with your user content, including any reliance placed on its quality, accuracy, or reliability by any party. You may expose yourself to liability if your user content is false, intentionally deceptive, defamatory, violates third-party rights, or contains unlawful material or advocacy for the violation of any law or regulation.

-Failure to comply with these terms may lead to legal repercussions and the suspension of your access to Cawthra Computers LTD services or content. Cawthra Computers LTD reserves the right, at its sole discretion, to suspend or terminate your account and access to its services and facilities if you violate these terms or if it discontinues providing the services and/or facilities altogether. Furthermore, Cawthra Computers LTD retains the right to decline offering its services to you in the future for any lawful reason.

-Cawthra Computers LTD maintains the authority to review and remove any user-generated content at any time and for any reason, including but not limited to content that breaches these terms, violates applicable laws, is abusive, disruptive, offensive, or potentially harmful to others' rights or safety. You are fully responsible, within the bounds of applicable law, for any claims, fees, fines, penalties, or other liabilities incurred by Cawthra Computers LTD or any other party due to your violation of these terms and your use of its services. You agree to indemnify Cawthra Computers LTD and any affected users against any losses or damages incurred, including reasonable attorney's fees.

Third-party websites, services, and applications may be linked within Cawthra Computers LTD services, and you are solely responsible for deciding whether to access or utilize them. Cawthra Computers LTD does not endorse any features, content, advertising, products, or other materials found on such websites or applications and disclaims all liability arising from your use of them.

-The term "Released Parties" encompasses Cawthra Computers LTD, its owners, affiliates, officers, directors, employees, agents, contractors, service providers, partners, educators, and licensors.

Cawthra Computers LTD DISCLAIMER OF WARRANTIES.

YOU CLEARLY UNDERSTAND AND AGREE THAT: (A) YOUR UTILIZATION OF Cawthra Computers LTD SERVICES IS AT YOUR EXCLUSIVE RISK, AND Cawthra Computers LTD SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WHERE THE RELEASED PARTIES DISTINCTLY RENOUNCE ALL DEPICTIONS, WARRANTIES, AND CONDITIONS OF ANY NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, YET NOT LIMITED TO, WARRANTIES REGARDING PRODUCTS OR SERVICES PRESENTED BY OR THROUGH Cawthra Computers LTD SERVICES, IMPLIED WARRANTIES OF FITNESS, ACCURACY, QUALITY, SECURITY, RELIABILITY, COMPLETENESS, SUITABILITY FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES PROVIDE NO ASSURANCE THAT (I) Cawthra Computers LTD SERVICES WILL SATISFY YOUR NEEDS, (II) Cawthra Computers LTD SERVICES WILL FUNCTION WITHOUT INTERRUPTION, PROMPTLY, SECURELY, OR FREE OF ERRORS, (III) THE RESULTS OBTAINED FROM USING Cawthra Computers LTD SERVICES WILL BE ACCURATE OR TRUSTWORTHY, (IV) THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE THROUGH Cawthra Computers LTD SERVICES WILL MEET YOUR ANTICIPATIONS, AND (V) ANY FLAWS IN Cawthra Computers LTD SERVICES WILL BE RECTIFIED; AND (C) ANY CONTENT DOWNLOADED OR OTHERWISE ACQUIRED THROUGH THE UTILIZATION OF Cawthra Computers LTD SERVICES IS AT YOUR OWN JUDGMENT AND RISK, AND YOU WILL BE EXCLUSIVELY LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR PORTABLE DEVICE OR LOSS OF DATA ARISING FROM THE DOWNLOAD OR USE OF SUCH CONTENT. WITHOUT LIMITING THE FOREGOING, Cawthra Computers LTD RETAINS THE RIGHT IN ITS SOLE JUDGMENT TO ALTER, HALT, ANNUL, OR TERMINATE ANY COURSE, PROGRAM, OR OTHER Cawthra Computers LTD SERVICE OR SERVICES AT ANY POINT WITH NOTICE TO YOU, INCLUDING CHANGES IN AVAILABILITY, SCHEDULES, OR OPERATING HOURS THEREOF.

LIMITATION OF LIABILITY AND INDEMNIFICATION.

YOU DISTINCTLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE HELD LIABLE TO YOU OR THOSE AUTHORIZED BY YOU TO UTILIZE Cawthra Computers LTD SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, COMPRISING, YET NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF PROFITS, GOODWILL, UTILIZATION, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Cawthra Computers LTD HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES), ARISING FROM: (i) THE USAGE OR INABILITY TO USE Cawthra Computers LTD SERVICES; (ii) THE EXPENSE OF OBTAINING SUBSTITUTE GOODS AND SERVICES DUE TO ANY GOODS, DATA, INFORMATION, OR SERVICES ACQUIRED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF Cawthra Computers LTD SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON Cawthra Computers LTD SERVICES; (v) YOUR RELIANCE ON CONTENT PROVIDED BY US; OR (vi) ANY OTHER ISSUE PERTAINING TO Cawthra Computers LTD SERVICES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF PARTICULAR WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. HENCE, SOME OF THE AFOREMENTIONED RESTRICTIONS IN THIS SECTION MAY NOT BE APPLICABLE TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Cawthra Computers LTD AND ITS SUPPLIERS' AND LICENSORS' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR UTILIZATION OF Cawthra Computers LTD SERVICES OR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF: (A) $100; AND (B) THE AMOUNT OF MONEY ACTUALLY PAID BY YOU FOR THE SERVICES RELATED TO THE CLAIM.

You consent to defend, indemnify, and hold harmless Cawthra Computers LTD and its proprietors, officers, directors, affiliates, suppliers, and licensors from and against any claims, actions, or demands from you or any third party, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from (i) your usage of Cawthra Computers LTD Services, (ii) your reliance on any third party or Cawthra Computers LTD Content, or (iii) your violation of these Terms.

Governing Law.

1. Should your point of access be within the confines of the United States, these Terms shall be bound by and subject to the laws of the State of New York and the federal laws of the United States, devoid of consideration for any jurisdiction's choice or conflict of laws provisions. Any legal recourse against Cawthra Computers LTD concerning Cawthra Computers LTD Services, not excluded by the "Mandatory Arbitration" clause below, must be initiated and conducted within the courts of the State of New York or the United States District Court located in the Borough of Manhattan, The City of New York. By doing so, you unequivocally relinquish any objection you may raise at any time regarding the venue, including any claim of inconvenience or jurisdictional deficiency.

2. In the event that your Access Location lies beyond the borders of the United States, these Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada that apply therein. Subject to the provisions of the "Mandatory Arbitration" section below, for any dispute arising from these Terms, you hereby irrevocably recognize and submit to the exclusive jurisdiction of the relevant courts situated in the City of Toronto. Furthermore, you waive any objection to the venue of any proceeding in such court or to the assertion that such court is an unsuitable forum.

Mandatory Arbitration.

If your Access Location is within the United States, the subsequent mandatory arbitration clause is applicable:

Subject to any prohibitions under applicable law, any dispute, claim, or controversy ("Claim"), including those grounded on common or constitutional law, contract, tort, statute, regulation, or any other basis arising from or in connection with these Terms and/or the utilization or dependence on the Cawthra Computers LTD Services, encompassing any inquiry regarding the existence, interpretation, validity, breach, or termination of these Terms, shall be directed to and ultimately resolved through binding arbitration or in small claims court (if the claim qualifies), rather than in courts of general jurisdiction. The arbitration will take place in New York, New York, conducted by a single arbitrator according to the prevailing rules of the American Arbitration Association for consumer arbitration. Alternatively, if both parties consent, the arbitration hearing may be conducted via telephone. Each party is responsible for the fees of its own attorneys, experts, witnesses, and any other fees or costs, including any advances made by us, unless the arbitrator awards them to a party. The arbitrator shall adhere to the governing substantive law and any applicable statute of limitations. The arbitrator shall determine any disputes regarding the arbitrability of a Claim. The arbitrator is empowered to order specific performance, compensatory damages, punitive damages, and any other relief permitted by applicable law. However, the arbitrator's authority to make awards is restricted to awards to either you or us exclusively. Additionally, Claims brought by you against us, or by us against you, may not be combined or consolidated in arbitration with claims brought by or against any party other than you, unless all parties agree to do so in writing. No arbitration award or decision shall have any preclusive effect on issues or claims in any dispute involving anyone who is not a named party to the arbitration. Any arbitration award favoring you shall direct that the initial sums of damages paid to you be paid to Cawthra Computers LTD against any outstanding financial obligations owed to Cawthra Computers LTD by you.

Any arbitration award must be in writing, accompanied by a written reasoned opinion, and shall be final and binding, subject only to any right to appeal under the Federal Arbitration Act ("FAA"), 9 U.S.C. Sections 1, et seq. This arbitration provision remains valid even after: (i) termination, payoff, assignment, or transfer hereof; (ii) any legal proceedings initiated by you or us to collect a debt owed by the other; and (iii) any bankruptcy proceeding in which you or we are the debtor. Except for one scenario, if any part of this arbitration provision is deemed or found to be unenforceable for any reason, the remainder of this arbitration provision shall remain in full force and effect. The exception is that if a finding of partial unenforceability would permit arbitration to proceed on a class-wide basis, then this arbitration provision shall be entirely unenforceable. You and we explicitly agree that this arbitration provision is governed by the FAA, to the exclusion of any differing or inconsistent state or local law.

If your access location is situated outside of the United States, the subsequent compulsory arbitration clause shall come into effect: Any arbitration initiated will be overseen by ADR Chambers, with its established norms, administrative procedures, and fee structure being applicable. The arbitration proceedings shall be overseen by a sole arbitrator residing in Toronto, Ontario, and shall be conducted in the English language.

- Residents of Quebec. The following clauses do not pertain to residents of Quebec covered by the Quebec Consumer Protection Act: Cawthra Computers LTD's Disclaimer of Warranties, Limitation of Liability, and Indemnification, as well as Mandatory Arbitration. If you are a Quebec resident governed by the Quebec Consumer Protection Act, then, regardless of any contradictory provisions herein, these Terms are subject to and will be interpreted and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. Concerning any disputes arising from these Terms, you irrevocably submit to the exclusive jurisdiction of the Quebec courts located in the City of Montreal and waive any objection to the venue of proceedings in such courts or to their suitability as a forum.

- General. These Terms, along with any additional written agreements or terms mutually agreed upon between Cawthra Computers LTD and yourself regarding your acquisition and utilization of Cawthra Computers LTD Services, constitute the entire agreement between you and Cawthra Computers LTD regarding your use of said services. The failure of Cawthra Computers LTD to exercise or enforce any right or provision of these Terms shall not be construed as a waiver of such right or provision. In the event that any provision of these Terms is deemed invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should strive to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of these Terms shall remain in full force and effect. The parties explicitly desire that these Terms and all related documents be formulated in the English language.