Loyalty Program Terms & Conditions

Last modified: November 5, 2024

YALLA VENTURES, INC. d/b/a PUROAIR

LOYALTY REWARDS PROGRAM TERMS AND CONDITIONS

These terms and conditions (collectively, the “Terms”) govern the Loyalty Rewards Program (the “Loyalty Program”) offered by Yalla Ventures, Inc., a Delaware corporation d/b/a PuroAir (“PuroAir” or referred to as “us”, “we”, or “our” as the context may require) to participants who register for the Loyalty Program (“Members”, “you”, or “your”). 

In its sole and absolute discretion, PuroAir may change, modify, or terminate some or all aspects of the Loyalty Program, including, without limitation, the Loyalty Program’s rules, terms, conditions, or rewards, with or without notice to you.  Such changes may or may not affect previously earned Points and Rewards (as defined below).  Any changes to the Terms will be in effect as of the “Last Modified” date at the top of this page.  

1. Introduction.  The Loyalty Program provides eligible participants who register for the Loyalty Program through getpuroair.com or its affiliated subdomain(s) (the “Website”) with the opportunity to earn “Points” by participating in various activities, some of which are described below. You can redeem your Points from time to time for various “Rewards” as set forth below. 

These Terms contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read these Terms carefully before participating in the Loyalty Program. You should also carefully review our general Terms of Service and Privacy Policy, which are incorporated by reference into these Terms.  Your participation in the Loyalty Program constitutes your acceptance, understanding, and unconditional consent and agreement to these Terms, the Terms of Service and the Privacy Policy.  If you do not agree to these Terms, or to our Terms of Service or Privacy Policy, you may not participate in the Loyalty Program.  Unless expressly stated otherwise herein, in the event of any conflict or inconsistency between these Terms and the terms of any of our other policies incorporated herein, these Terms will prevail, govern, and control with respect to any matters pertaining to the Loyalty Program and the other policies will prevail, govern, and control with respect to all other matters.

The Loyalty Program is only for your own personal use. You may not use the Loyalty Program for commercial purposes, or in any way that harms us or any other person or entity, as determined by us in our sole discretion.

1. Eligibility.  The Loyalty Program is open only to participants who: (i) are natural persons (corporations, associations, or other groups and entities may not participate in the Loyalty Program); (ii) are legal residents of the 50 United States or the District of Columbia; (iii) are 18 years of age or older; (iv) register for the Loyalty Program through the Website; and (v) have not previously been disqualified by PuroAir, in its sole and absolute discretion, from participating in the Loyalty Program.  

Registration for the Loyalty Program is free of charge and no purchase is necessary to participate.  To participate in the Loyalty Program, go to https://getpuroair.com/pages/puroair-rewards, submit the information requested (name, birthday, phone number, email address, and password) on the registration page, and confirm your agreement to these Terms, the Terms of Service, and the Privacy Policy. Once you complete and submit all the registration information, a Loyalty Program account (“Account”) will be created for you.  All registration information must be completed in full.  Memberships can be used only by the Member whose name is listed on the Account. You should not give your password or access to your Account to any other person. You are responsible for all activity in your Account and any use of your password.  

You are allowed only one Account; you cannot have multiple Accounts.  If you attempt to obtain more than one Account, all Points in your Account (and any other Account you may have) may be forfeited, and PuroAir may, at its sole discretion, terminate your membership and permanently ban you from participating in the Loyalty Program. Members may not assign or transfer Points to other Accounts; Points in an Account may be used only by the Member who holds that Account.  It will be considered fraudulent for any individual, company, club, association, or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Points for combined use, unless such use is expressly permitted by PuroAir.

1. Deactivate or Delete Account.  You can withdraw from the Loyalty Program and deactivate your Account by submitting a request to help@getpuroair.com. If you withdraw from the Loyalty Program, you will permanently lose any Points and Rewards that your Account has accumulated. These Points and Rewards will not be restored if you later sign up for an Account again.  

1. Earning Points.  You have many ways to earn Points in the Loyalty Program, which can be redeemed for Rewards. The list below (which is subject to change in PuroAir’s sole and absolute discretion) includes some of the ways you can earn Points. For current details on what activities are eligible for Points and the number of Points associated with each activity, please visit https://getpuroair.com/pages/puroair-rewards.

• Signing Up for an Account. You can earn 25 Points by completing and submitting your registration information and signing up for an Account via https://getpuroair.com/pages/puroair-rewards.
• Making Purchases on the Website.  You can earn Points by purchasing PuroAir products only via the Website (no third-party sellers). You will receive one Point for each U.S. dollar spent on purchases (pre-taxes and fees, after applicable discounts, and rounded to the nearest dollar) on the Website. Points are automatically added to your Account within 1 day after you complete a purchase via the Website.  To earn Points by purchasing PuroAir products via the Website, you must use the same email address at checkout that you used to sign up for the Loyalty Program.  If you purchase a product through the Website and then later return that product to PuroAir, the Points earned from that purchase will be deducted from your Account.
• Birthday Points. The Loyalty Program will credit your Account with 50 Points on or around your birthday of record that you provide to PuroAir during Account setup.
• Opt-in to Promotional Communications. You can earn 25 Points in exchange for signing up to receive promotional and marketing offers via email and/or text message from PuroAir.
• Social Media Activity. You can earn 10 Points by interacting with PuroAir accounts on social media, including following PuroAir on Instagram and sharing PuroAir’s Facebook page.
• Posting Reviews.  You can earn Points by posting reviews on the Website. You can earn 20 Points for a written product review, 25 Points for a written product review with a photo of the product, and 30 Points for a video review of a product.  Any review posted to earn Points must include a verified purchase.  
• Anniversary.  On each anniversary of the date you opened your Account, you will receive 50 Points. 

PuroAir reserves the right, in its sole and absolute discretion, to determine and modify, at any time, the value of Points and the number of Points or the type of Reward that may be earned for any given activity.

1. Earning Rewards through Referrals.  The Loyalty Program allows Members to receive a Reward for referring other individuals (each, a “Friend”) who join the Loyalty Program and start earning Points. To make a referral, a Member (the “Referring Member”) must provide PuroAir with the Friend’s email address (the “Friend’s Email”).  PuroAir will then send a communication to the Friend’s Email with an invitation to join the Loyalty Program.  Friends must be at least 18 years old and otherwise be eligible to register for an Account as set forth in these Terms.  Friends must have provided the Referring Members with clear and affirmative consent to receive electronic communications containing invitations to join the Loyalty Program.  Every time a Referring Member wishes to refer a Friend to join the Loyalty Program, the Referring Member must tell the Friend that the Referring Member will earn credit to discount the cost of PuroAir’s products if the Friend registers for an Account using the Friend’s Email.  This is a legal requirement.  Failure to comply may result in loss of Referral Credits (as defined below) and may be a violation of laws enforced by the Federal Trade Commission. 

If the Friend registers for an Account using the Friend’s Email and becomes a Member, the Friend will receive a Reward of $25 off any purchase (excluding gift cards) of $130 or more (such purchase, the “Qualifying Purchase”).  Once the Friend makes the Qualifying Purchase through the Website and 1 day have passed since the Friend made the Qualifying Purchase, the Referring Member will receive a Reward of $25 off their next purchase through the Website (the “Referral Credit”).   

Referral Credit will only be awarded for referrals of Friends who (i) are first-time Members of the Loyalty Program, (ii) do not already have an active or inactive Account, and (iii) make the Qualifying Purchase through the Website using their respective Friend’s Email at checkout.  If either a Referring Member or a Friend does not follow or otherwise violates these Terms, as determined by PuroAir in its sole and absolute discretion, the Referring Member may not receive the Referral Credit and the Friend may not receive their Reward.  PuroAir will not be liable for any such noncompliance. PuroAir also reserves the right to reject, disallow, void, cancel or rescind Referral Credits if it determines in its sole and absolute discretion that either the Referring Member or the Friend has violated these Terms, the Terms of Service, or the Privacy Policy, including through any fraudulent or misleading referral activity (for example, by using multiple identities, email addresses, or Accounts, or otherwise providing false or misleading information), or if the Referring Member’s or the Friend’s Account is closed for any reason.

1. Points and Rewards Redemption and Restrictions.  Members may redeem Points for Rewards as determined by PuroAir in its sole discretion. Available Rewards include future discounts on PuroAir products purchased on the Website (excluding purchases of gift cards).  Every 100 Points may be redeemed for a $5 discount on a purchase placed through the Website (excluding purchases of gift cards).  For example, if you have earned 400 Points, you can redeem those Points for a total of $20 off your next purchase placed through the Website (excluding purchases of gift cards).  You also can redeem 300 Points for a PuroAir 240 model filter, or 500 Points for a PuroAir 400 model filter. 

To redeem Points for discounts on purchases or other Rewards, Members can select the applicable Reward from a dropdown menu at checkout.  Points cannot be redeemed for a Reward to be applied to the same transaction that earned the Points.  Points earned from a purchase can only be redeemed for Rewards to be applied to future purchases made through the Website (excluding purchases of gift cards).  

If Points are being redeemed for a Reward to be applied to the cost of a subscription service, the Reward will apply to only the first payment toward that subscription service.  For example, if you subscribe to a subscription service that costs $20 per month and you wish to apply 100 Points toward a $5 discount Reward, the Reward will only apply to the first month’s cost of the subscription service such that the first month will cost $15, and each subsequent month will cost the regular $20 (unless additional Rewards are applied to those subsequent months).  

Members may not use Points in conjunction with other promotional discounts unless specified otherwise in the promotional terms, which at all times will be subject to PuroAir’s sole and absolute discretion. 

Although an Account generally will not be terminated solely due to the passage of time, Points will expire 24 months after they have been earned.  For example, if you earn 200 Points on January 1, 2025, then those 200 Points will expire on January 1, 2027. If you earn another 100 Points on June 1, 2025, then those 100 Points will expire on June 1, 2027.  For a purchase to qualify and prevent expiration, it must be reflected on the Member’s Account. [The expiration date for a Reward not earned through Points (such as a Referral Credit), if any, will be disclosed when the Reward is presented and may vary for different categories of Rewards.] You may view your current earned Points or earned Rewards and their expiration date(s) by logging into your Account. PuroAir, in its sole discretion, may impose a limit on the number of Points or Rewards in the aggregate or by type that may be earned or redeemed per Account, per day, per Reward or per any other generally applicable metric that may be selected by PuroAir from time to time in its sole discretion. 

PuroAir reserves the right to modify, amend, or revise the Rewards available. PuroAir reserves the right to impose “blackout” dates during which Members will not be able to (i) redeem their Points for Rewards to be applied to purchases through the Website, or (ii) use earned Rewards.  The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions and other terms and conditions associated with any Reward or its redemption may be imposed at any time by PuroAir in its sole and absolute discrection. Rewards are non-assignable and non-transferable. Any Rewards assigned or transferred in violation of these Terms may be voided or canceled. 

All details and restrictions of the Rewards not specified at the time the redemption opportunity is presented will be determined by PuroAir in its sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with a Reward. If required by law, as determined by PuroAir in its sole discretion, PuroAir reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.

Points and Rewards have no cash value and may not be redeemed for cash or gift cards and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned, or used to engage in any gambling activity. Any Points or Rewards obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Points and Rewards may be confiscated or cancelled. Points and Rewards must be redeemed in accordance with these Terms. Points and Rewards will not be replaced, reissued, or credited if lost, stolen, or otherwise altered or destroyed. 

Once you have redeemed your Points or Rewards, they are gone and there are no refunds, returns or exchanges for additional Points, Rewards, cash, or other goods and services, even if you return the products, merchandise or other item(s) that your Points or Rewards were redeemed toward.

1. Modification and Termination.  PuroAir may modify any of these Terms, including, but not limited to, the methods through which Points or Rewards can be earned, how Points or Rewards can be used, the types of Points and Rewards available, and the conditions under which Points or Rewards may expire or be forfeited, at any time, with or without notice, even though these changes may affect your ability to use the Points or Rewards that you already have earned. The Loyalty Program has no predetermined termination date and may continue until such time as PuroAir decides to terminate the Loyalty Program. PuroAir may, in its sole discretion, modify or terminate the Loyalty Program, in whole or in part, at any time and for any reason or no reason at all, with notice on the Website and/or via email to your email address currently on file with PuroAir for your Account.

If PuroAir amends these Terms, it will revise the “last updated” date located at the top of these Terms. If you continue to participate in the Loyalty Program by earning Points or Rewards, redeeming Points or Rewards, logging onto your Account or in any other way after these Terms have been changed, you will be deemed to have read, understood and unconditionally consented and agreed to such changes. The most current version of these Terms will be available on the Website and will supersede all previous versions of these Terms.

If PuroAir decides in its sole discretion to discontinue the Loyalty Program, you will have approximately thirty (30) days, or an amount of time deemed reasonable by PuroAir in its sole discretion, from the date Loyalty Program termination is announced to use your remaining Points or Rewards. You may not rely on continued Points or Reward availability. PuroAir makes no representation or warranty about the number or type of Rewards that may be available after Loyalty Program termination has been announced, and many Rewards that may have been available prior to termination may quickly become depleted or otherwise unavailable once the Loyalty Program termination has been announced. Any Points or Rewards remaining in your Account at the time of termination will be forfeited and no compensation will be provided. 

PuroAir may cancel your membership, cancel accumulated Points or Rewards, alter the number of Points or Rewards in your Account, or suspend your membership privileges at any time with immediate effect if PuroAir determines in its sole and absolute discretion that you have (i) acted in a manner inconsistent with applicable laws or ordinances; (ii) acted in a fraudulent or abusive manner; (iii) breached any of these Terms; (iv) engaged in any fraud or abuse concerning Points or Rewards, Points/Rewards usage, or Points/Rewards redemption; (v) acted in an unethical or disruptive manner; (vi) acted with intent to annoy, abuse, threaten or harass PuroAir, its representatives, or any other Member in any manner related to the Loyalty Program; or (vii) engaged in any conduct or act that causes PuroAir to terminate or suspend your access to your Account. PuroAir may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms shall limit PuroAir in its exercise of any legal or equitable rights or remedies.

Although an Account generally will not be terminated solely due to the passage of time, PuroAir reserves the right to terminate the membership of any Member whose Account becomes dormant for a period of time determined by PuroAir in its sole and absolute discretion (“Inactivity Period”). An Account will be considered dormant if the Member holding the Account fails to earn any Points during the Inactivity Period or with such regularity during the Inactivity Period deemed sufficient by PuroAir in its sole and absolute discretion. PuroAir in its sole and absolute discretion may allow Members to prevent termination of their Accounts and expiration of their Points by following PuroAir’s instructions.

1. Electronic Communications.  We may occasionally send you emails and/or text messages regarding, among other things, the Loyalty Program, your Account, your Points, available Rewards, promotions, and new product launches.  When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including targeted emails, surveys, promotional offers and for other general business purposes. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. We reserve the right to send you emails for administrative purposes even if you opt out of marketing communications. If you consent to receive text messages sent to your mobile phone, then you will receive marketing and transactional messages at that mobile phone number. You are not required to consent to receive these text messages to receive the goods and services associated with the Loyalty Program. Message and data rates may apply to your receipt of these text messages. You may opt out of receiving text messages or emails at any time by (i) opting out of receiving emails or text messages from PuroAir at any time by texting the word “STOP” to any text message using the mobile device that is receiving the messages, (ii) following the directions to opt-out at the bottom of the email and using the unsubscribe link contained in the email, or (iii) contacting us at help@getpuroair.com.

1. General Terms and Conditions.  ACCRUED POINTS AND REWARDS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE LOYALTY PROGRAM. POINTS AND REWARDS ARE CREDITS THAT PUROAIR MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS AND REWARDS ARE NOT TRANSFERABLE OR ASSIGNABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER, OR OTHERWISE. Each Member is responsible for ensuring that the information in the Member’s Account is accurate and is kept current. If a Member believes that the Member’s Account does not properly reflect Points or Rewards earned from engaging in any activities, the Member must contact PuroAir to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Loyalty Program may be a violation of criminal and civil law, and, should such an attempt be made, PuroAir reserves the right to seek damages from any such person to the fullest extent permitted by law. PuroAir’s failure to enforce any of these Terms shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual’s eligibility for the Loyalty Program, the earning, crediting or use of Points or Rewards, or a Member’s compliance with these Terms will be resolved by PuroAir in its sole and absolute discretion.

1. Limitation of Liability.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT PUROAIR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PUROAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OR YOUR PARTICIPATION IN THE LOYALTY PROGRAM.  IN NO EVENT SHALL PUROAIR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO PUROAIR IN CONNECTION WITH THE LOYALTY PROGRAM IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, PUROAIR’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

1. Program Malfunctions and Conduct.  PuroAir is not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, PuroAir is not responsible or liable for any computer, programming, or printer errors or the issuance of any unintended Points or Rewards. In no event will PuroAir be liable for, and Members expressly release PuroAir from any claims related to the issuance of any Points or Rewards. If, for any reason, the Loyalty Program is not capable of operating as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of PuroAir which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Loyalty Program, PuroAir reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend the Loyalty Program or otherwise respond to the circumstances as PuroAir deems appropriate. In the event PuroAir is prevented from continuing with the Loyalty Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within PuroAir’s control, PuroAir shall have the right to modify, suspend, or terminate the Loyalty Program, in whole or in part.

1. Indemnification.  If you register for an Account and participate in the Loyalty Program, you agree to indemnify, defend and hold harmless PuroAir and its subsidiaries, affiliates, stockholders, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from and against any and all claims, losses, demands, liability costs, and expenses (including but not limited to reasonable attorneys’ fees) made by any third-party due to or arising out of your participation in the Loyalty Program and/or your violation of (i) these Terms, (ii) state or federal laws or regulations, or (iii) any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights, and invasion of any privacy rights. You acknowledge that this indemnification obligation will survive the termination of your participation in the Loyalty Program.

1. Disputes; Jurisdiction; Class Action Waiver.  These Terms shall be governed exclusively by and construed in accordance with the laws of the state of Delaware for all purposes and in all respects, without regard to the conflict of laws provisions of such state.  You (i) hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the state courts of Arizona and to the jurisdiction of the United States District Court for the District of Arizona in Maricopa County for the purpose of any suit, action, or other proceeding arising out of or based upon these Terms, (ii) agree not to commence any suit, action, or other proceeding arising out of or based upon these Terms except in the state courts of Arizona or the United States District Court for the District of Arizona in Maricopa County, and (iii) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action, or proceeding, any claim that you are not subject personally to the jurisdiction of the above-named courts, that your property is exempt or immune from attachment or execution, that the suit, action, or proceeding is brought in an inconvenient forum, that the venue of the suit, action, or proceeding is improper, or that these Terms or the subject matter hereof may not be enforced in or by such court.  You and PuroAir also agree that disputes will be litigated only on an individual basis and will not be joined or consolidated with any other lawsuits or other proceedings that involve any claim or controversy of any other party.  YOU AND PUROAIR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  All such disputes shall be handled according to the dispute resolution terms and conditions set forth in the Terms of Service, which shall govern in the event of a conflict with these Terms.

1. Privacy.  Participation in the Loyalty Program constitutes each Member’s irrevocable permission for PuroAir to use the Member’s first and last name, username, photograph, likeness, voice, biographical information, statements, posts, address (city and state) and a description of any Rewards won and any other personal characteristics for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.  Unless otherwise indicated in these Terms, by registering for and/or otherwise participating in the Loyalty Program, Members agree that PuroAir will use the personal information collected about them in connection with the Loyalty Program as set forth in PuroAir’s Privacy Policy.  In connection with any written reviews, statements, or posts by Members, the Members can only post content or submit material that the Members own.  PuroAir has the right but not the obligation to monitor and edit or remove any activity or content within its control.  PuroAir takes no responsibility and assumes no liability for any content posted by Members or any third-party.

1. Severability.  If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.