Terms of Service
Revised: August 2020
PLEASE READ THIS CLIENT AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY LinksManagement (“COMPANY”). YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT ON DEFAULT, IF YOU EFFECTUATE THE PURCHASE OF AT LEAST ONE (1) SERVICE BY USING LINKSMANAGEMENT . THIS AGREEMENT COVERS ALL LINKS WHICH ARE BEING PURCHASED OR HAVE BEEN ALREADY PURCHASED THROUGH HTTP://CP.LINKSMANAGEMENT.COM OR HTTP://NEWCP.LINKSMANAGEMENT.COM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES OFFERED BY THE COMPANY. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The Web pages available at https://www.linksmanagement.com and http://cp.linksmanagement.com or http://newcp.linksmanagement.com, and all linked pages unless indicated otherwise (“Site”), are owned and operated by Company, and are accessed by you (“Customer”) under the following terms and conditions. Company reserves the right to change Terms of Service without notice or liability to Customer by posting revised Terms of Service on the Site. Further use of the Site will constitute acceptance of revised Terms of Service, so please, check this page from time to time.
By accessing or using linksmanagement.com website in any way, and/or by purchasing services from this website, you expressly acknowledge and agree to be bound by these terms and conditions. If you do not agree to these terms, you must not use our site.
By accessing linksmanagement.com you also agree to the Acceptable Use Policy, Terms of Service, Authorize.net Terms and legal documentation of PayPal, Stripe, PayPro, VISA, Mastercard, American Express, Discover, Alipay, Braintree, Venmo, Apple Pay, Samsung Pay, and other credit card processing or payment gateway providers used by LinksManagement.
Your continued use of LinksManagement services confirms that you do not perform or willing to perform any prohibited activities listed there.
You may not use our service for any unlawful purposes or in furtherance of illegal activities. By using LinksManagement, you agree to comply with all applicable laws governing your online conduct and content.
By continuing to use the site you agree that you have read, understood and will oblige to these Terms of Services, LinksManagement Privacy Policies and Acceptable Use Policies of LinksManagement and all the payment processors and gateways used by LinksManagement. You are independently responsible for complying with all applicable laws in all of your actions related to your use of LinksManagement services, regardless of the purpose of the use.
1. Membership restrictions
You may not use LinksManagement in connection with any product, service, transaction or activity that:
- Violates any law or government regulation, or promotes or facilitates such by third parties;
- Violates any rule or regulation of Visa, Mastercard, American Express, Discover, JCB, Diners Club card, China UnionPay or any other electronic funds transfer network;
- Is fraudulent, deceptive, unfair or predatory;
- Causes or threatens reputational damage to us or any electronic funds transfer network we may use;
- Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.
Additionaly, you may not use LinksManagement in connection with any product, service, transaction or activity that involves:
- age restricted products or services
- aggregation or factoring, whether licensed or unlicensed
- airlines (exceptions apply if you get our prior written approval)
- bail bonds
- bankruptcy lawyers
- bidding fee auctions
- business or investment opportunity sales
- chain letters
- check cashing, wire transfers or money orders
- collection agencies
- counterfeit goods or any product or service that infringes upon the copyright, trademark or trade secrets of any third party
- credit card and identity theft protection
- credit counseling, repair or protection services, or mortgage consulting or reduction services
- cruise lines
- currency exchanges or dealers
- decryption and descrambler products designed to circumvent intellectual property rights or protections, including mod chips
- door-to-door sales
- drug paraphernalia
- embassies, foreign consulates or other foreign governments
- essay mills
- evading card association chargeback monitoring programs
- extended warranties
- real estate purchases with no money down
- flea markets
- fortune tellers
- gambling (including but not limited to lotteries, Internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services) (exceptions apply in some countries and if you get our prior written approval)
- “get rich quick” schemes
- human hair, fake hair or hair-extensions
- loan modifiers
- mail-order brides marijuana dispensaries and related businesses
- membership subscriptions > 1 year (exceptions apply if you get our prior written approval)
- money transmitters or money service businesses
- multi-level marketing or pyramid schemes
- negative response marketing
- offering substantial rebates or special incentives to the cardholder subsequent to the original purchase
- online or other non-face-to-face pharmacies or pharmacy referral services
- online or other non-face-to-face tobacco or e-cigarette sales
- personal computer technical support (exceptions apply if you get our prior written approval )
- prepaid phone cards, phone services or cell phones
- pseudo pharmaceuticals
- products/services that promote hate, violence, harassment or abuse, if illegal
- quasi-cash or stored value
- securities brokers sexually-oriented or pornographic products or services
- sharing cardholder’s data with another merchant for payment of up-sell or cross-sell products or services
- shipping or forwarding brokers
- social media activity sales (such as sales of Twitter followers, Facebook likes or Youtube views)
- sports forecasting or odds making
- prescription drugs, illegal drugs or substances designed to mimic illegal drugs
- telecommunications equipment and telephone sales
- timeshares tour operators (exceptions apply if you get our prior written approval)
- travel agencies or travel clubs (exceptions apply if you get our prior written approval)
- virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world
- weapons and munitions
- entertainment venues including but not limited to nightclubs, bars
- pre-payment services
- any kind of spam services
2. Description of services
The company provides access to the analysis, forecasting, planning, and implementation of URL promotion or the list of URL (site). The client using the service and any kind of tools and methods of this service agrees with such terms at its own discretion.
The list of LinksManagement services includes but is not limited to:
- Backlink inventory. LinksManagement provides an online service at https://cp.linksmanagement.com or https://newcp.linksmanagement.com which manages the process of finding, choosing, and ordering text links.
- SEO Cost Calculator. This automatic tool for the prediction of budgeting gives recommendations on how many links you need, how much it will cost, and how much time it will take for you to get in the Top 10 of Google for your keywords. As a result of the service provision, Customer receives the research audit to their email. Please keep in mind that provided numbers are estimates and may vary. SEO Expert Tool. This tool can automatically run your link building campaign.
- SEO Expert Tool works in such a way: (a) you submit a form to let SEO Expert Tool choose the most relevant backlinks for your website and have an option to look through the picked backlinks before purchase, (b) you submit a form to let SEO Expert Tool choose the most relevant backlinks for your website and buy them without your check, (c) you submit a form to get the manually selected backlinks for your website if the tool fails to find the appropriate backlinks according to your search criteria. In either case Customer pays exclusively for the backlinks purchase.
- SEO Services Packages (including backlink audit, full SEO audit, on-page SEO audit, keyword research report). Payment for either of the aforementioned packages means your acceptance of LinksManagement actions aimed at your website evaluation and assessment. As a result of such assessment, Customer shall receive a list of downfalls and intended actions to eliminate them. Each Customer shall have the right to take the appropriate actions to correct the deficiencies by their own or seek professional SEO advice from LinksManagement SEO specialists.
Unless otherwise provided herein, it is understood and agreed that the acceptance by Customer of the commencement of any work or the performance of any services hereunder by LinksManagement shall constitute acceptance by Customer of such services and these Terms of Service, and that such acceptance is expressly limited to such Terms of Service.
Company reserves the right to market text link advertisements offers directly to your email address you use to sign up. You may opt out of these mailers at any time. We as a company that makes special offers and deals in selling our products reserve the right to change the terms and conditions to run such offers at any time.
4. Exclusivity provisions
A. This Agreement imposes no restrictions on Customer’s right to use any advertising services it deems appropriate.
B. Customer understands that other users will have access to the Company’s Services and Site, including competitors of Customer.
5. Disclaimer of liability
A. Company will not have any duty to control the content that Customer or any other users make available through the Site, and Company is not liable for the accuracy of any content displayed through its Site. Customer assumes all risk related to its published content. Customer releases the Company from all liability related to the publication of its content through the Site.
Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
B. The services provided to customer are provided on an “as is” basis, without warranties of any kind. Company does not warrant the results of use of the services, including, without limitation, the results of any advertising campaign, and customer assumes all risk and responsibility with respect thereto. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to customer.
C. Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on or through the site, services or any website linked to the site. Company will not be liable for the privacy of any information or content stored on company’s equipment, transmitted over networks accessed by the site, or otherwise connected with customer’s use of the services.
The materials in our site are provided “as is” and without warranties of any kind either express or implied. The Internet Company LinksManagement disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Internet Company LinksManagement does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that our pages on any server are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials in our sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The Internet Company LinksManagement Will not be liable for any damages or injury that accompany or result from your use of any of its site.
These include (but are not limited to) damages or injury caused by any:
- use of (or inability to use) the site/s
- use of (or inability to use) any site/s to which you hyperlink from our site/s
- failure of our site/s to perform in the manner you expected or desired
- error on our site/s
- omission on our site/s
- interruption of availability of our site/s
- defect on our site/s
- delay in operation or transmission of our site/s
- computer virus or line failure
Please note that we are not liable for any damages, including:
- damages intended to compensate someone directly for a loss or injury
- damages reasonably expected to result from a loss or injury (known in legal terms as “consequential damages.”)
- other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as “incidential damages.”)
- we are not liable even if we’ve been negligent or if our authorized representative has been advised of the possibility of such damages or both.
If you have any additional questions or concerns about this Policy, please feel free to contact us.
6. Limitation of liability
In no event shall company be liable with respect to the site or the services (i) for any amount in the aggregate in excess of the fees paid by customer therefor; or (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to customer.
The following terms govern and apply to our contextual link building service located at www.linksmanagement.com.
Every effort has been made to accurately represent the internet company’s service and it’s potential. There is no guarantee that you will increase your page rank, increase your search engine rankings, increase your website traffic or earnings using our contextual link building service. Examples in these materials are not to be interpreted as a promise or guarantee. Your level of success in attaining results claimed in our materials depends on the time you devote to the service, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our products and our websites may contain information that includes forward-looking statements that give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as anticipate, estimate, expect, project, intend, plan, believe, and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our service and techniques.
Facts and information at this website are believed to be accurate at the time they were placed on the website/s. Changes may be made at any time without prior notice. All data provided on our websites is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to The Internet Company LinksManagement and such information should not be relied upon as all-inclusive or accurate.
Customer agrees not to disclose Company Confidential Information without Company’s prior written consent. Customer agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Company.
“Company Confidential Information” includes without limitation all Company software, technology, programming, technical specifications, materials, guidelines and documentation Customer learns, develops or obtains that relate to the Services or the Site, and any other information designated in writing by the Company as “confidential” or any designation to the same effect. “Company Confidential Information” does not include information that has become publicly known through no breach by the Customer or the Company, or information that has been (a) independently developed without access to the Company Confidential Information as evidenced in writing; (b) rightfully received by Customer from a third party; or (c) required to be disclosed by law or by a governmental authority.
Linksmanagement.com is a proprietary mark of Company. Company’s trademarks may not be used in connection with any product or service that is not provided by Company, in any manner that is likely to cause confusion among Customers, or in any manner that disparages or discredits Company.
Customer is responsible for maintaining confidentiality of their username and password and is responsible for all statements and acts that occur through the use of their personal account. Customer agrees not to disclose their username and password to anyone. If Customer’s password has been stolen, breached or in any way compromised, Customer agrees to contact us immediately. LinksManagement cannot and will not be liable for any loss.
8. Internet abuse
You are prohibited from engaging in any form of Internet abuse, including but not limited to: (a) distributing, publishing, or sending any kind of unsolicited or unwelcome email to any number of network users (commonly referred to as “junk mail” or “spam”), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements, anywhere on the Internet; (b) posting a single article or substantially similar articles to an excessive number of newsgroups or mailing lists; (c) repeated or deliberate posting of articles that are off-topic according to the charter of the newsgroup or mail list where such articles are posted; (d) posting commercial advertising in a conference or newsgroup, unless it is specifically permitted to be posted within that group; or (e) violating the CAN-SPAM Act.
As an express condition of your use of and access to the LinksManagement Services, you agree to pay all applicable fees, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of our Services.
Customer agrees to submit any disputes regarding any charge to their account in writing to LinksManagement within ten (10) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
If account remains inactive for 180 days, the balance in the account will be charged as an inactive fee. If Customer fails to make payment as set forth herein, Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by LinksManagement in collecting such amounts.
LinksManagement allows you to make payments using a variety of methods including: Credit Card, PayPal Subscription, PayPal Express Checkout, American Express, Discover, and PayPro gateway (71+ payment ways). All payments are made on a recurring subscription basis but may be canceled at any time (unless indicated otherwise).
Before proceeding to payment for links and Services, you have to keep in mind the following:
- PayPal Express Checkout. If you select this payment type, we’ll start auto-charging to keep your backlinks active. Our system will notify you how much money you need to run your SEO campaign. Every time you add funds to your balance, our system automatically generates a Billing Agreement. If you want to cancel auto-charging, cancel a Billing Agreement each time you pay for your backlinks manually.
- PayPal Subscription. This type of payment for links is set by default, unless you cancel it. PayPal Subscription automatically charges the same amount of money on a monthly basis.
- Credit card. Paying for backlinks with your credit card, you get a Billing Agreement automatically generated. Once you accept it, you opt for the auto-charging.
We may automatically charge you for:
- monthly backlinks prolongation
- automatic purchase of backlinks from Gradual or Campaigns carts
- backlinks replacement (in cases when Customer activates this option in My Links interface)
- subscription fees for our services
If LinksManagement does not receive timely payment or if Customer exceeds prepayment hereunder:
- Customer will incur a debit balance for the value of any unpaid charges incurred under your account
- Customer agrees to pay all amounts due on their account upon demand
- LinksManagement reserves the right to either suspend or terminate Customer’s account with LinksManagement
Customer agrees to:
- update all information to keep the account and credit card billing current, complete and accurate (such as a change in billing address or e-mail)
- notify LinksManagement in writing if they become aware of a potential breach of security, such as the unauthorized disclosure or use of their username or password, and notify
- LinksManagement in writing if their credit card is canceled. Upon termination, suspension or discontinuation of the Service or Customer’s participation therein, all outstanding payment obligations incurred by Customer under the Service will become immediately due and payable
- retain, either by printing or otherwise, a copy of the Agreement, which provides the terms of your pre-authorization
LinksManagement reserves the right to modify, suspend or terminate the required method of payment for use of the Service at any time. If LinksManagement modifies the terms of the payment method as outlined herein, the modifications will be reflected in an updated version hereof. If you do not consent to such modified terms, you must immediately stop using the Marketplace.
Customers’ continued enrollment after any modifications constitutes their acceptance of the terms of the payment method as modified. Customer understands that all the active backlinks may be removed if the credit card or other payment source does not allow additional charges or rejects any charges made by LinksManagement in cases when their account equals or exceeds their budget amount.
Customer’s non-termination or continued use of the Service reaffirms that LinksManagement is authorized to charge you. LinksManagement may submit those charges for payment and Customer will be responsible for such charges.
All prices are in United States dollars and do not include taxes that may be assessed by any jurisdiction. If withholding taxes or any other taxes are imposed by any jurisdiction on the transactions pursuant to this Agreement, Customer shall pay such taxes to ensure that LinksManagement receives the full amount invoiced to them without offset or deduction. Reports are free of charge, but the cost of certain reports (Competitor Research Analysis, On-page optimization analysis and recommendations, Link Profile Analysis, Keyword Research) is deducted from the refund.
It is Customer’s responsibility to determine what, if any, taxes apply to the payments they make or receive, and it is their responsibility to collect, report and remit the correct tax to the appropriate tax authority. Payment gateways providers are not responsible for determining whether taxes apply to Customer’s transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
12. Refund policy
Please note that cryptocurrency is non-refundable. Also, in case with a Preapproved Payment customer has the right to claim partial or full refund in the circumstances defined by the LinksManagement Refund Policy:
- LinksManagement guarantees 100% refund for a link if it was not successfully installed within 5 days on the selected website for any reason.
- LinksManagement guarantees 100% refund for a link if Customer cancels it within 5 days after installation.
- LinksManagement guarantees that permanent links will be checked for being alive for at least 6 months.
- LinksManagement guarantees that the page where the backlink is placed won’t have such attributes as “noindex” or “nofollow”, unless Customer wants it to have these attributes by checking the appropriate checkbox or letting LinksManagement know in writing.
- LinksManagement guarantees that the purchased ad link will contain the anchor text provided by Customer during the order placement.
More information about the refund events can be found in the Refund Policy section.
Please note that in case with a Preapproved Payment you Authorize us to directly charge your Account on a one-time, regular, or sporadic basis. Preapproved Payments are sometimes called “express checkout”, “subscriptions”, “recurring payments”, “preauthorized payments”, “preauthorized transfers” or “automatic payments”. By using our services you agree to voluntarily create Preapproved Payments. You will be informed about the creation of such payment before you complete it.
If either Customer or LinksManagement terminates the Services and notifies the other party by any means, any fees paid hereunder are non-refundable and non-cancelable.
If Customer violates LinksManagement Terms of Service, they waive theirs right to qualify for payout and any fees paid hereunder are non-refundable and non-cancelable.
13. Referral program
LinksManagement Referral Program partners with a third-party platform GainRock. As soon as User joins LinksManagement Referral Program, they are redirected to gainrock.com to accept the LinksManagement Referral Program Terms and receive their unique affiliate link to promote LinksManagement.
Given that LinksManagement is a US-based company, users agree to follow the Federal Trade Commission (FTC) (FTC Staff Revises Online Advertising Disclosure Guidelines) guidelines when using LinksManagement affiliate links.
You agree to clearly communicate that you may earn a commission for referrals through the affiliate links when disclosing your affiliate partnership.
14. Contesting chargebacks
In certain cases, you may apply for chargebacks. You acknowledge and agree that if the chargeback dispute is resolved in company’s favor, the charged amount of money will NOT be returned to your LinksManagement account or any other your account. You understand and acknowledge that after you make a chargeback claim, open dispute or reversal, the service that LinksManagement offers (i.e. backlinks that you purchase to the chargeback amount) will be cancelled and CANNOT be returned after resolved chargeback case.
In addition, you will reimburse us all costs and expenses caused to us in connection with any Chargebacks or Refunds, including without limitation legal fees.
Either party may terminate the Services at any time by notifying the other party by any means. Any fees paid hereunder are non-refundable and non-cancelable.
You can close your LinksManagement account from your Account Settings screen by yourself or you can contact our Support team with the corresponding request.
Your access to any of LinksManegement services can be terminated at any time and without prior notice, if you’re using our products for websites from the following categories (“Prohibited Categories”):
- sites that violate any law, statute, ordinance or regulation with their activities.
- sites that relate to actions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) pharmaceutical goods, including, but not limited to dietary supplements, drugs, herbs, vitamins, sports nutrition, etc., (d) alcohol, cigarettes, tobacco, etc., (e) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (f) stolen goods including digital and virtual goods, (g) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (h) items that are considered obscene, (i) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (j) hacking, warez, cheat codes, unlicensed software, (k) adult and any sexually-oriented or pornographic products or services, (l) ammunition, firearms, or certain firearm parts or accessories, or (m) certain weapons or knives regulated under applicable law, (n) dating, (o) gambling, (p) sports betting.
- sites that relate to actions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) involve Forex trading, binary options, (e) are forums or announcement marketplaces, (f) are for the sale of certain items before the seller has control or possession of the item, (g) are by payment processors to collect payments on behalf of merchants, (h) are associated with the sale of traveler’s checks or money orders, (i) involve currency exchanges or check cashing businesses, (j) involve sale of fakes, (k) involve occult and magical services, (l) are medical websites without valid licenses (m) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (n) involve offering or receiving payments for the purpose of bribery or corruption.
- sites that take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- sites that facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information.
- sites that involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
In case you’re using LinksManagement for websites in these or related categories, your account will be permanently banned and no refund shall be provided under no circumstance for any of the services you have purchased with LinksManagement.
Multi-accounting is a process in which a single user registers multiple accounts to take advantage of an online service. This can be done to repeatedly benefit from free trials, discount codes, and other bonuses—or to continue using the service after getting banned. A sign of multi-accounting can be credit cards that were used in another account, PayPal emails, or URLs. According to the policy of LinksManagement, if a user utilizes multiple accounts to claim extra rewards through unfair means, his or her account will be banned immediately.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.