Platform Terms & Conditions
This platform is operated by Mundial Financial Group, LLC and used by other broker-dealers Mundial authorizes to co-list, syndicate, list (a.k.a. intermediaries) to conduct Regulation A, CF, and D offerings on it and Spark Market Technology, LLC exclusively provides platform technology and infrastructure to Mundial (“Mundial,” “us,” “our,” or “we”).
Mundial permits use of this platform to you (“you”, “your,” or “user”) under the following terms and conditions (“Terms & Conditions”). Our Privacy Policy, which explains how we collect and use information from visitors and users of this platform is incorporated by reference into these Terms & Conditions. By using this platform in any manner, including but not limited to visiting or browsing it, you agree to be bound by these Terms & Conditions, our Privacy Policy and any other rules, policies or procedures that may be published by us from time to time, each of which is incorporated by reference and may be updated by us from time to time without notice to you. By using this platform, you agree to be bound by all such updates; accordingly, it is incumbent upon you to review our Terms & Conditions frequently. The services, features, content, or applications that may be offered from time to time on this platform are collectively referred to as the “Services.”
Account Registration. Some information on this platform is publicly accessible and downloadable. However, to access some offering materials, post comments, or make an investment, you must register to create an account (“Account”). This platform is intended solely for users who are 18 years of age or older, and any account creation, use or access to this platform by anyone under 18 years of age is prohibited, unlicensed, and in violation of these Terms & Conditions. By using this platform and/or creating an account, you represent being 18 years of age or older, of legal age to form a binding contract where you reside, and that all registration information you submit is accurate and truthful. You must complete the registration process by providing us with current, complete, and accurate information. You will also choose a password, and your email will serve as your username. You are entirely responsible for maintaining the privacy of your password and user name. You agree to notify us immediately of any use of your Account by anyone other than you and any other breach of security. You must not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account and the platform. You agree that you shall be solely responsible for any loss and consequences resulting from use of your Account, both authorized and unauthorized.
Self-directed.You agree that your Account will be entirely “self-directed.” This means you are solely responsible for all purchases, orders, investment decisions and instructions placed in or through your Account. Although the platform may include data, information or content provided by other parties pertaining to investment strategies and/or opportunities to buy and/or sell securities, you should not interpret any such content as tax, legal, financial, or investment advice or as a recommendation to invest in any offering listed. Any decision you make to invest is solely your own decision based on your own due diligence and analysis of the risks involved in a particular offering. You make investments at your own risk. You acknowledge and agree that you are solely responsible for determining the suitability of an investment, investment strategy and that you accept the risks associated with your decisions, including the risk of losing the entire amount that you invest. You are strongly advised to consult a licensed professional for any legal, tax, insurance, or investment advice; this platform does not and cannot provide any of those types of professional services, advice, or analysis.
Prohibited Use. Those who visit and users of this platform are expressly prohibited from: (a) using it, or any services and or tools on it, if they are not able to form legally binding contracts, are under the age of 18 or are temporarily, or indefinitely, suspended from using this platform, services or any tools provided by it; (b) collecting other user personal information; and (c) posting false, inaccurate, misleading, defamatory, or libelous content. We, in our discretion, may refuse to allow any person or entity to use this platform and may change its eligibility criteria at any time. We reserve the right to suspend or terminate your access to platform at any time and for any reason including your misrepresentation of information, or abuse of information. Use of this platform is void where prohibited by law, and the right to access this platform is revoked in such jurisdictions. If you are using this platform on behalf of any entity, you represent that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify us for violations of this Agreement (as set forth below).
Investor Requirements. This platform may display securities offerings being conducted under Regulation Crowdfunding, Regulation A and/or Regulation D under the Securities Act.
Anyone can invest in offerings under Regulation Crowdfunding. However, because of the risks involved with this type of investing, you are limited in how much you can invest during any 12-month period in these transactions. Also, anyone can invest in offerings under Regulation A. The limitation on how much you can invest depends on your net worth and annual income. Accredited investors have no limit on how much they can invest. Only Accredited investors may invest in Regulation D offerings.
No Reliance. All securities listed are being offered by, and all information included on this platform, is the responsibility of the applicable issuer of such securities. We have not taken any steps to verify the adequacy, accuracy, or completeness of any information provided by issuers. We, including our officers, directors, employees, agents, affiliates, and representatives, do not make any warranty, express or implied, of any kind whatsoever, related to the adequacy, accuracy, or completeness of any information on this platform or use of that information. Investors are responsible for conducting, and may rely only upon, the legal, accounting, or due diligence review they decide is appropriate. Investment products are not FDIC insured, may lose value, and are not guaranteed.
Issuer Requirements. Federal securities law requires securities offered or sold in the US to be registered with the Securities and Exchange Commission or be exempt from such registration. Offerings listed on this platform may be done pursuant to a registration, or be done under an exemption from registration, such as Regulation Crowdfunding, Regulation A or Regulation D.
Risks. Securities offered on this platform are only suitable for prospective investors who are familiar with and willing to accept the high risks associated with private investments, including the risk of complete loss of their investment. Securities sold through this platform are not publicly traded, therefore, are illiquid unless registered with the SEC. Securities will be subject to restrictions on resale or transfer including holding period requirements. Investing in private placements requires high risk tolerance, low liquidity need, and long-term commitments. Potential investors must be able to afford to lose their entire investment. Investment products are not FDIC insured, may lose value, and there is no bank guarantee. The securities being offered have not been registered under the Securities Act in reliance, among other exemptions, on the exemptive provisions of the Securities Act. No governmental agency has reviewed the offerings posted on this platform and no state or federal agency has passed upon either the adequacy of the disclosure contained herein or the fairness of the terms of any offering. Any representation to the contrary is a criminal offense. Because these types of securities are subject to legal restrictions on transfer and resale, potential investors should not assume they will be able to resell their securities. You will be limited in your ability to resell your investment for the first year and may need to hold your investment for an indefinite period. Unlike investing in companies listed on a stock exchange where you can quickly and easily trade securities on a market, you may have to locate an interested buyer when you do seek to resell your crowdfunded investment.
Compensation. We are SEC and FINRA registered broker-dealers and receive compensation calculated by reference to the purchase or sale of securities on this platform and for services provided to issuers listing under Regulations Crowdfunding, A and D.
General Platform Guidelines. You represent that all information you provide to this platform is accurate, complete and truthful. You acknowledge and agree that we and our agents are entitled to rely upon the information you provide as true, accurate and complete without independent verification.
Prohibited Uses. You are prohibited from posting or transmitting any material on or through this platform that are, or could be, offensive, fraudulent, unlawful, threatening, libelous or otherwise defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or any material that could constitute or encourage conduct that could be considered criminal, give rise to civil liability, or otherwise would violate any law or regulation.
You are further prohibited and must not disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices; copy or adapt this platform’s software including but not limited to Flash, PHP, HTML, JavaScript or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that this platform creates to generate web pages or any software or other products or processes accessible through this platform; except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses this platform, or use or launch any unauthorized script or other software; fabricate any TCP/IP packet header or any part of the header information in any email or posting, or in any way use this platform to send altered, deceptive or false source-identifying information; disguise the source of materials or other information you submit to this platform or use tools which anonymize your internet protocol address (e.g., anonymous proxy) to access this platform; interfere with or circumvent any security feature of this platform or any feature that restricts or enforces limitations on use of or access to the Service, content or user content; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing this platform, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on this platform. Full cooperation will be given to law enforcement authorities, validly issued court orders, and subpoenas requesting, or directing Mundial to disclose the identity of anyone posting any information or materials on this platform who are alleged to have engaged in violative conduct. We assume no obligation to give you prior notice of such disclosure.
You are additionally prohibited from posting, uploading or transmitting any content that violates any privacy right, publicity right, patent, trademark, trade secret, copyright or other proprietary right, or contract right or other right of any party; posting, uploading or transmitting any content or engaging in any conduct that is offensive, harmful, threatening, abusive, harassing, defamatory, libelous, or obscene or that is unlawful in any manner or that degrades, intimidates, promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual, including, without limitation, on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; posting, uploading or transmitting any content that is pornographic or that exploits people (adults or children) in a sexual or violent manner; or contains nudity, excessive violence, or offensive subject matter or that contains a link to any of the foregoing types of content or to an adult website or in any way using this platform or the Services in connection with any adult entertainment or pornography business; copying, reproducing, modifying (including, without limitation, altering, obscuring, deleting, etc. any copyright or other legally required notices, credits, logos, trademarks, etc.), creating derivative works from, or distributing in any manner or medium any content posted on this platform or through the Services in any manner that is in violation of the terms of applicable agreements; impersonating any person or entity, or submitting any materials to this platform or through the Services that are false, inaccurate, deceptive, misleading, unlawful, or are otherwise in violation of the Terms & Conditions, including, without limitation, utilizing misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of any content transmitted to this platform or through the Services; except as expressly permitted by these Terms & Conditions, or otherwise pre-approved in writing by Mundial, engaging in any commercial activity on this platform or including any links to commercial services or websites or uploading, posting or otherwise transmitting any content that contains advertising or any solicitation regarding products, goods or services; interfering with any user's right to privacy; soliciting or collecting user-names, passwords, emails, personal identifying information or other information from any user; engaging in conduct that poses or creates a privacy or security risk to any person; or posting private information about a third party; engaging in conduct that involves the posting, uploading or transmission of unsolicited or unauthorized advertising or promotional materials, "junk mail," "chain letters," unsolicited mass mailing, "spimming," or "spamming;” engaging in any action or inaction that could disable, overload, impair the infrastructure of this platform or impair the proper functioning of it or the Services, including, without limitation, uploading, posting or otherwise transmitting any software or materials which contain a virus or other harmful or disruptive component; circumventing, altering or interfering with any computer software, or security-related features of this platform or the Services; or deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way utilized in connection with this platform or the Services; accessing or attempting to access platform or the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) or gaining, or attempting to gain, unauthorized access to any servers, computer systems or databases utilized in connection with this platform or the Services; using the communication systems provided by this platform for any solicitation or other commercial purposes, except as explicitly authorized by Mundial, or Mundial and the specific user, as applicable; uploading, posting or transmitting any content that advocates or provides instruction on illegal activity or communicating on or through this platform regarding illegal activities with the intent to commit them; making any untrue statement of a material fact or omitting to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, in connection with the purchase or sale of any security; and engaging in any conduct that in Mundial’s sole discretion restricts or inhibits any other users from enjoying their use of this platform or any of the Services.
Communication Channel Guidelines (Regulation Crowdfunding). Offerings under Regulation Crowdfunding are required to have online communication channels that are monitored by us. These communication channels are for the purpose of prospective investors engaging in dialog with each other and the issuer during any offering. Any individual who promoted an offering in exchange for compensation, or who is a founder, or an employee of an issuer must disclose the fact that he or she is engaging in promotional activities on behalf of the issuer. Issuers are encouraged to participate in the communication channels so long as comments adhere to the following guidelines and do not violate the communication requirements as outlined in Regulation Crowdfunding. The following types of comments are not permitted and will be removed: SPAM; direct or indirect solicitation of, or promotion, with respect to securities offerings on other sites; direct or indirect solicitation of, or promotion, with respect to securities offerings that may be misleading; direct solicitation or comments purporting to be genuine comments but that indirectly promote other offerings - commenters who genuinely wish to compare offerings made on other sites should raise specific questions about the issuer’s business, prospects or valuation; profanity or derogatory language based on presumed race, sex, age or national origin or sexual preference or otherwise coarse or inappropriate language or violates our Terms & Conditions; comments from users, or any services and or tools, if they are temporarily, or indefinitely, suspended from using this platform, services or any tools; comments which attempt to collect personal information about other users; duplicate comments; comments which are not compliant, and have been posted by issuer, comments which include direct email addresses and suggest communication outside of this platform.
No Representations or Warranties. To the extent the law allows, we shall not have any liability or responsibility for any errors or omissions in the content on this platform and we do not endorse or represent the completeness, reliability, or accuracy of any content or information distributed through or accessed from this platform and have not performed any investigation into such information. We shall not be liable for any investment decisions made based upon such information. You agree that any reliance upon any content or information distributed through or accessed from this platform is at your sole risk. We are entitled to rely upon the information provided by users. You acknowledge and agree that we have not made any representation, warranty, or assurance that the offerings on this platform are made in accordance with state and/or Federal securities law, including the exemption to the sale of unregistered securities, and the prohibition against the general solicitation of unregistered securities. Each issuer is solely responsible for ensuring that any securities offering is done in accordance with state, Federal law and regulations promulgated by the SEC and FINRA. We make no representation or warranties regarding the legality or compliance of any offering. We have not reviewed all the links provided on this platform and are not responsible for the content of any off-platform pages. Clicking on hyperlinks and visiting any off-platform pages is solely done at your own risk.
Platform and Intellectual Property. All content and images on this platform are either the property of or used with permission by Mundial. The use of the content or images by you or anyone authorized by you is prohibited unless specifically permitted by these Terms & Conditions, use, or provided elsewhere on this platform. By providing content on this platform, you grant us a royalty-free, non-exclusive, worldwide license of your intellectual property rights in what you provide, including to copy, reformat, index, modify, display, distribute and put to commercial and other uses of your content on this platform and elsewhere. No compensation will be paid with respect to our use of your content. We do not warrant nor represent that your use of materials displayed on this platform will not infringe upon rights of third parties. The trademarks, including logos, and slogans displayed on this platform are licensed to Mundial. Nothing on this platform should be construed as granting any license, or right to use those trademarks without written permission of the licensor. Your misuse of the trademarks, or any other content on this platform, except as provided in these Terms & Condition, is strictly prohibited. You are advised and cautioned that Mundial and licensor will aggressively fully enforce intellectual property rights.
Communications. You agree we may send communications to you electronically via email to the address provided by you on your Account. You agree to notify us of any changes in your address or contact details. Communications shall be deemed delivered to you when sent and not when received. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. If you sign electronically, you represent that you can access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review this platform periodically for changes and modifications and agree not to contest the admissibility or enforceability of the platform’s electronically stored copy of this Agreement in any proceeding. You represent having a suitable computer with an internet service provider and internet access, an email address, and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining that equipment and these services. You agree that any information you transmit to this platform or us in any manner including, but not limited to, pictures, videos, questions, comments, suggestions, website addresses and links to other website/articles, etc., other than personally identifiable Information as defined in our Privacy Policy, is not confidential and non-proprietary and can be used by us and/or our affiliates for the purposes described in the Privacy Policy.
Change or Termination. We may, without prior notice, change this platform, or stop providing the platform, applications, and services. We may permanently or temporarily terminate or suspend your account access to this platform without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms & Conditions. Upon termination of your access to this platform for any reason or no reason, you will continue to be bound by those provisions of these Terms & Conditions which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this platform for any reason. The information and materials on this platform may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend any such information. You agree that we and our affiliates shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
Disclaimer of Liability. Your use of this platform is at your own risk. NEITHER we NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS PLATFORM or SERVICES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS PLATFORM. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS PLATFORM IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. We assume no responsibility for, and shall not be liable for, any damages to, or viruses, malware, spyware, bots or the like that may infect your computer equipment or other property on account of your access to, use of, or browsing this platform or your downloading of any materials, data, text, images, video, or audio from it. Although we may from time-to-time monitor or review discussions, postings, transmissions, and the like on this platform, we are under no obligation to do so and assume no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, or inaccuracy contained in any information within such locations on this platform. We reserve the right to remove any content from this platform or to restrict access to it for any reason without notice.
US Jurisdiction. This platform is made available only to U.S. Persons as defined in Rule 902(k) of Regulation S under the Securities Act. If you choose to access information or offerings on this platform, it is your responsibility to comply with the applicable local, national, or international laws. If you are a non-U.S. Person, any use of this platform is entirely at your own risk. The securities offered through this platform can be sold only in certain jurisdictions. You acknowledge and agree that it is solely your responsibility to be aware of applicable laws and regulations of your country and state of residence. THE CONTENT PROVIDED ON THIS PLATFORM DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO SELL SECURITIES REFERRED TO, BY ANYONE IN ANY JURISDICTION IN WHICH SUCH OFFER, SOLICITATION OR DISTRIBUTION WOULD BE UNLAWFUL OR IN WHICH THE PERSON MAKING SUCH OFFER OR SOLICITATION IS NOT QUALIFIED TO DO SO OR TO ANYONE TO WHOM IT IS UNLAWFUL TO MAKE SUCH OFFER OR SOLICITATION. This platform is not directed at you if we are prohibited by any law of any jurisdiction from making the information on it available to you. You should satisfy yourself before accessing this platform that we would be allowed to advertise investment products to you under the law of the jurisdiction in which you reside. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction, including the one in which you reside. The securities described on this platform are not registered under the Securities Act.
Governing Law. These Terms & Conditions shall be governed by, construed and entered in accordance with the laws of the State of New York applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION, OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Dispute Resolution. In the event of any claim, controversy or alleged dispute between us or our affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of FINRA Dispute Resolution. Any proceedings will be held in New York, NY. The decision(s) of the arbitrator(s) shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except on very limited legal grounds. The implementation of arbitration decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any appeal. Judgment upon the award rendered in an arbitration may be entered by any court having jurisdiction thereof. You agree that all disputes will be limited between you, individually, and Mundial. To the full extent allowable by law, you agree that no arbitration proceeding, or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis. Notwithstanding the foregoing, you agree that the following matters shall not, at the election of Mundial, be subject to binding arbitration: (1) any dispute related to or arising from allegations of criminal activity; (2) any dispute concerning Mundial’s intellectual property rights; and (3) any claim for injunctive relief. Any court action commenced by you or Mundial in accordance with these Terms & Conditions shall be brought in the United States District Court of New York, and you and we hereby submit and consent to the personal jurisdiction of, and the service of process by, that Court.
Indemnification. You agree to indemnify, defend and hold us, and our affiliates, and any of our successors and assigns, and any of our respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms & Conditions by you or arising from your use of or access to this platform; from the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; or from any content posted through this platform by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Mundial reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Mundial in the defense of any such claim, action, settlement, or compromise negotiations, as requested by Mundial. The indemnification obligations set forth above shall survive your cessation of use of this platform.
Notification Procedures. We will provide notifications, including those regarding modifications to these Terms & Conditions and those required by law. We may, but are not obligated to, provide notifications of modifications made for marketing or other business-related purposes. Notifications will be emailed to you or posted to this platform, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to platform visitors. We are not responsible for any automatic filtering that you or your network provider may apply to email notifications that we send to the email address you provided to us.
General. Our failure to enforce any right or provision of these Terms & Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mundial. Except as expressly set forth in these Terms & Conditions, the exercise by either party of any of its remedies under these Terms & Conditions will be without prejudice to its other remedies under these Terms & Conditions or otherwise. If for any reason a court or arbitral tribunal, as applicable, of competent jurisdiction finds any provision of these Terms & Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms & Conditions will remain in full force and effect.
Miscellaneous. Except as expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to the Terms & Conditions. In the event that any provision of these Terms & Conditions, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of these Terms & Conditions will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to affect the intent of the parties hereto. You further agree to replace such void or unenforceable provision of these Terms & Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such void or unenforceable provision.