Goal. The Platform is a software as a service (SaaS) allowing participation in auctions to facilitate the purchase and sale of used vehicles between Owners as sellers and dealerships, as a buyer (the “or the” Dealer (s) ”, with the Owners, collectively the” Users ”). The Platform connects Owners and Dealers in order to complete a transaction for the purchase and sale of used vehicles put up for auction (the” Vehicles ”) via the Platform (collectively the” Transaction ”) which have been the subject of the publication of an announcement on the Platform by the Owner (the” Announcement ”). Any decision made by a User to post an Ad, bid, buy and sell a vehicle on the Platform is a decision made at the sole discretion of such User and creates a legal relationship between such Owner and such Dealer, all at the sole exemption of Aukcio.

Role. Aukcio does not acquire or sell, supply, control, control, administer, administer, administer, offer, deliver Vehicles in any way, Aukcio acting only as an intermediary in the contractual relationship between the Owner and the Dealer. Each User is solely responsible for their use of the Platform, including in particular the consultation or publication of Announcements, the use of any functionality or module, including in particular the Platform's chat tool, the registration, sale or purchase of Vehicles on the Platform, the registration, sale or purchase of Vehicles on the Platform and the participation in the auction process (the “” Use ” or” Use ” or” Using ”).

Relationship. When a bid for a Vehicle is won at an auction by a Dealer, either when a floor price has been reached or when the Dealer has made the best offer for a Vehicle, or in any case, when an offer from a Dealer is accepted by an Owner, in particular at a price below the floor price mentioned in the Listing (collectively a” Offer accepted ”), a contractual relationship in the nature of a promise to buy and sell the Vehicle is created directly between the Owner and the Dealer.

Promise. When you accept an Offer on your Vehicle, you agree to sell such Vehicle on the basis of a promise to purchase-sale conditional on the fulfilment of the following conditions: i) the non-exercise of your right of withdrawal provided for in article 3.6 below; ii) the conformity of your Listing; iii) the conformity of your Listing; iii) the good condition of the Vehicle at the time of the inspection of the Vehicle by the Dealer; and iv) the conclusion of a written contract between the Owner and the Dealer concerning the purchase/sale of the Vehicle.

Transaction Terms. Although Aukcio may, from time to time, at its sole discretion, assist Users in their Transaction, in particular by providing Model Vehicle Purchase and Sale Agreements, it is the responsibility of the Users to agree among themselves the terms, conditions and terms that will govern the purchase/sale of the Vehicle covered by the Proposed Transaction. Aukcio is not and will not become a party to or otherwise participate in any contractual relationship between Users, and at no time will Aukcio be considered to be a broker. Aukcio does not act as an agent of any capacity whatsoever for any User, except as permitted by this Agreement.

Continued availability. Due to the nature of the Internet, Aukcio cannot guarantee the continuous, uninterrupted availability and accessibility of the Platform. Aukcio may temporarily suspend the availability of the Platform or certain parts or components of the Platform if Aukcio determines, at its sole discretion, that changes should be made to the Platform to protect the security or integrity of its servers or to maintain or improve the Platform. You acknowledge and agree that Aukcio may improve, augment, or modify the Platform or introduce new Services from time to time.

Owner Eligibility. In order to Use the Platform and post an Ad for your Vehicle, you must be an individual who is at least eighteen (18) years of age and has the capacity to enter into contracts.

Confirmation. Aukcio assumes no responsibility for confirming any identity or eligibility of a User. Notwithstanding the above, for purposes of transparency and to prevent fraud and to the extent permitted by applicable laws, Aukcio may, but is under no obligation, to require Users to provide government-issued identification or other information or to undertake additional verifications in order to allow Aukcio to verify the identity or eligibility of any User.

Modification. To make any changes to your Listing, you should contact us and let us know what changes you want to make and why. After validation of the information provided, Aukcio will make the necessary changes.

Limitation. You can only post one (1) Listing per Vehicle. For each Announcement, the User must agree to comply with the Terms and Conditions of this Agreement. To avoid any ambiguity, access and Use of the Platform are exclusively limited for the Owner to the Platform module and related functionalities allowing the Owner to publish an Ad.

Additional conditions. Subject to the provisions hereof, Aukcio may at any time require additional conditions and obligations to Use the Platform and to publish a Vehicle Announcement.

Moment. Unless otherwise specified, Vehicle Auctions take place on the Platform every week from Tuesday noon (12:00) until Wednesday noon (12:00) (Eastern Time).

Floor price. At the time of publishing your Vehicle Announcement, you can set a floor price for bidding on a Vehicle. If the floor price is not reached during the auction, no bet for a Vehicle covered by an Ad can be won automatically. In this case, the Dealer remains free to contact you directly to present you with an offer under conditions that suit him for the Vehicle in question, including in particular an offer at a price below the minimum price provided for in the Announcement.

Offer accepted. According to an accepted Offer, you will be put in contact with a Dealer through the transmission by Aukcio of a model purchase-sale contract when you have accepted an offer on your Vehicle, in particular when a bid on your Vehicle has been won, when a bid on your Vehicle under auction has reached the minimum price, or if you have accepted a Dealer's offer on your Vehicle, in particular at a price below the floor price mentioned in the Announcement.

Making contact. You agree to respond to any contact made by the Dealer following your acceptance of the offer for your Vehicle to complete the Transaction within a period of forty-eight (48) hours following the date of contact or within any other period agreed between the Dealer and the Owner, as applicable.

Defect. If the Owner fails to respond to the Dealer's contact within the period provided for in article 3.4 above, Aukcio reserves the right, as a penalty, to require payment of the Service Fees payable by the Owner in accordance with article 4.1.

Faculty of deedict. Following an accepted Offer, the Owner may, at his sole discretion, commit himself to his promise to sell his Vehicle until the Transaction Date in accordance with article 3.7 below. He then promptly notifies Aukcio if necessary. In the event of exercising the right of withdrawal, the Owner remains however required to pay the Service Fees payable directly to Aukcio.

Obligation to provide information. You agree to inform Us, in particular by communicating directly with us by email (info@aukcio.ca) or via the Platform as soon as the Transaction is completed, i.e. on the date of effective signature of the Vehicle purchase-sale contract between you and the Dealer (the” Date of completion of the Transaction ”). If there is no Transaction, you also agree to inform us and explain the reasons for it.

Withdrawal of the ad. Aukcio reserves the right to withdraw your Listing, in particular if you do not comply with the Terms and Conditions of this Agreement, in particular if you do not respect the restrictions on the use of the Platform provided for in article 6 below and in any case, if after three (3) consecutive auctions, no Transaction relating to your Vehicle has occurred.

Service fees. In return for the Use of the Services, the Owner undertakes to pay Aukcio, for each Transaction concluded, variable service fees according to the price agreed in the accepted Offer, which are established as follows (plus applicable taxes, collectively the “” Service fees ”):

Delegation and deduction. In the event of a completed Transaction, the Owner acknowledges and accepts that the payment of the Service Fees for the Use of the Services is delegated to the Dealer and deducted from the amount paid by the Dealer to the Owner as the agreed purchase-sale price of the Vehicle in question. Notwithstanding any provision to the contrary, the present delegation by the Owner to the Licensee of the payment of the Service Fees does not in any way release the Owner from its obligation to pay its Service Fees directly to Aukcio, in particular in the event of exercising its right of withdrawal provided for in article 3.6 above.

Stripe Account Terms and Conditions. To pay any amount due to Aukcio, payment services are offered to You by Stripe Canada Payment Services Ltd. (hereinafter” Stripe ”) and are subject to the terms and conditions set out in the Stripe Connected Account Agreement available via the following hyperlink Stripe Connected Account Agreement -Canada and in accordance with the terms and conditions set out in the Stripe Service Agreement available via the following hyperlink Stripe Services Agreement — Canada (for the purposes of this section, collectively referred to as the” Stripe General Terms of Use ”). By accepting these terms or using the Stripe payment platform, you agree to be bound by Stripe General Terms of Use, these may be subject to changes from time to time by Stripe.

Bargaining in good faith. Users agree that negotiation in good faith must take precedence in all their relationships and undertake to favor this method of resolving any dispute.

Mediation. In the case of a dispute which, in whole or in part, cannot be resolved through negotiation, Aukcio or any person designated by it may act, at the joint request of the Users, as a mediator in an attempt to reach an agreement between the Users. However, Aukcio or the person it designates is under no obligation to continue any mediation after giving its opinion on the dispute. This intervention by Aukcio or any person designated by it does not engage the responsibility of Aukcio or this person in any way and is carried out subject to the rights of Users. This approach is confidential and no words that can be exchanged during a mediation or any document that can be transmitted in this context can not be used by the other User or be invoked later if the mediation should not allow the resolution of the dispute. In the event of mediation carried out by Aukcio and/or a person designated by Aukcio, the costs of this mediation, if any, will be borne by Aukcio.

Restrictions on Use. As part of your Use of the Platform, you agree to:

Violation Of Terms and conditions. Any Use by you of the Platform and/or Services in violation of the Terms and Conditions or that, in our opinion, threatens or could threaten the security, integrity, reputation or availability of our Services, is likely to incur your liability to Aukcio for all damages and losses related to such violation, to result in the temporary or permanent suspension of your access and your Use of the Services and/or the withdrawal of your Listing (if applicable), and this, in whole of our discretion.

Oversight. You acknowledge that Aukcio has no obligation to monitor the access or use of the Platform by any User or to review or block access to anyone or modify any User Content, but has the right to do so in order to i) operate, secure and improve the Platform, ii) ensure compliance and compliance with the Terms and Conditions by Users, ii) ensure compliance and compliance with the Terms and Conditions by Users, iii) comply with any applicable law, order or requirement of a court or any other governmental organization, iv) respond to any User Content that Aukcio determines, in its sole and absolute discretion, as harmful or unacceptable or (v) otherwise as more fully established in these Terms and Conditions. Users agree to cooperate and assist Aukcio in good faith and to provide Aukcio with any information and to take any action that may be reasonably required by Aukcio to comply with any investigation undertaken by Aukcio or a representative of Aukcio in connection with the use or abuse of the Platform.

Report. If You find that a User with whom you interact online or in person is acting or has acted inappropriately with you, you must immediately report such person to the appropriate authorities in your jurisdiction. 

Rules of Use. You are required to respect the rules set out below in the context of your communications or interactions with other Users via the Platform or otherwise, in particular through the chat tool:

Retention of discussions. To the extent permitted by applicable law, Aukcio reserves the right, but is not required, to keep a copy of any conversation conducted using the chat tool.

Hyperlinks. Hyperlinks placed on the Platform may lead to third party websites. These sites are not controlled by Aukcio and Aukcio cannot be held responsible for the content of websites that can be accessed by a hyperlink, nor for the hyperlinks existing on these sites, or for any changes or updates in these websites. 

Other Policies. Aukcio encourages You to review the terms of use, privacy policy, and other policies of these websites. These hyperlinks are provided for information purposes only and do not guarantee the quality or accuracy of the content contained in them. The fact that a site is linked to the Aukcio Web Site by a hyperlink does not imply an endorsement of the content or a joint venture of any kind.

Definition. In this Convention, the term “Intellectual property” means, in any jurisdiction, country or territory, all rights, titles and interests related to all or part of the following elements, arising out of or associated with (s): trademarks, secrets and trade names, patents, patent applications, domain names, domain names, domain names, domain names, processes, names, processes, industrial designs, names, domain names, processes, processes, industrial designs, guides, graphics, logos, formulas, concepts, inventions (patentable or not), software, technical information, domain names, domain names, domain names, processes, processes, industrial designs, names, domain names, processes, industrial designs, processes, industrial designs, guides, graphics, logos, formulas, concepts, inventions (patentable or not), software, technical information, domain names, domain names, domain names, processes, processes, industrial designs, names, domain names, processes, industrial designs, processes know-how, copyright, databases, data, and models that are not in the public domain, including all rights, titles and interests in any improvement or modification to any of the foregoing, rights related to their registration, applications for registration or renewal, and all other intellectual and industrial property rights, including in particular rights in licenses and sublicences.

Contents. Aukcio may, in its sole and absolute discretion and from time to time, allow Users to i) create, upload, publish, transmit, receive, exchange content such as texts, photos, videos or other materials and information on or through the Platform (the” User Contentr”); ii) access and display User Content and any content that Aukcio may make available on or through the Platform, including Aukcio content belonging to it and any content licensed or authorized for use through Aukcio by a third party (” Aukcio content ” and collectively with User Content, the” Contents ”).

Reservation of rights. The Aukcio Content, the arrangement, the functionalities, the Services and the layout of the Platform, including in particular all the elements of Intellectual Property relating to the Platform, photos, images, texts (in the form of plain text, HTML or PDF), videos and the computer code relating to the Platform are the property of Aukcio, either exclusively or by way of a license, are the property of Aukcio, either exclusively or through a license, and cannot be copied, imitated, reproduced, reproduced, displayed, distributed, transmitted, decompiled, or used without written permission from Aukcio, which may be refused at its sole discretion. Any unauthorized use of Aukcio Content, the arrangement, functionality or presentation of the Platform, the computer code, images or trademarks found on the Platform or in their possible derivative works may violate civil or criminal laws, including laws protecting Intellectual Property, and Aukcio may take legal action accordingly. This article also applies to the elements of intellectual property of third parties used on the Platform, including the computer code of third parties. No rights are granted to you hereunder other than as set out in these Terms and Conditions.

Aukcio license. Subject to your compliance with these Terms and Conditions, Aukcio grants you during the Term of the Agreement a limited, non-exclusive, non-transferable, non-transferable license to i) use the Platform; and ii) access and view any Content made available to you on or through the Platform and accessible to you through your personal and non-commercial use.

Owner's license. By creating, uploading, posting, transmitting, receiving, or otherwise making available User Content on or through the Platform, you grant Aukcio a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, assignable, and transferable license for all User Content to access, use, receive, receive, or otherwise make available User Content to access, use, receive, receive, or otherwise make available User Content on or through the Platform, you grant Aukcio a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, assignable, and transferable license for all User Content to access, use, receive, receive, or otherwise transfer all User Content to access, use, copy, copy, modify, prepare derivative works from, distribute, publish, transmit, and otherwise otherwise exploit such User Content in any way. User to provide and/or promote the Platform in any media or platform, including your comments and testimonies. More specifically with respect to your testimonies, you hereby authorize Aukcio to use your name, biographical information, quotations, and any information obtained during interviews, in whole or in part, as appropriate.

Responsibility. You are solely responsible for all User Content that you make available on or through the Platform. Consequently, you represent and warrant that i) you are the sole and exclusive owner of the User Content that you make available on or through the Platform and that you have all the right, title and interest, licenses and consents necessary to grant Aukcio the rights in such User Content as contemplated herein, and ii) neither the User Content nor your posting, uploading, submitting or transmitting any User Content or Aukcio's use of User Content or any part of the User Content as contemplated herein will not violate any intellectual property rights of any third party such as copyrights, trademarks, trade secrets, moral rights, or other intellectual property rights or result in the violation of any applicable law or regulation.

Restrictions. You will not post, upload, or transmit any User Content that i) is fraudulent, false, misleading, or deceptive; ii) is defamatory, obscene, pornographic, vulgar, or hurtful; iii) promotes discrimination, racism, hate, and other similar feelings against an individual or group; iv) is violent, threatening, or promotes violence or actions that are threatening to any person; and v) violates any policy adapted from time to time by Aukcio. Aukcio may, without prior notice, remove or close access to any User Content, which Aukcio deems to be in violation of any applicable law, these Terms and Conditions, or any Aukcio policies or standards then in force or otherwise that infringes Aukcio, its Users, third parties, or its properties.

Respect for the laws. Aukcio respects all laws protecting Intellectual Property and expects its Users to comply with them as well. If you believe that any content on the Platform violates Intellectual Property rights that You own, please let us know.

Definition. In this Agreement, the term “Personal Information” has the meaning ascribed to it in the Personal Information Protection and Electronic Documents Act (Canada) and other applicable laws concerning the protection of personal information in the private sector, including the Private Sector Personal Information Protection Act (Quebec) (the” Quebec Private Sector Act ”) (collectively, the” Privacy laws ”). Personal Information does not include business contact information, which is information concerning the exercise by a natural person of a function within a company, such as his name, and position, as well as the address, email address and telephone number of his place of work. Each Party agrees to allow the other Party to process and maintain business contact information under this Agreement, which business contact information will constitute Confidential Information of the Party that provided it.

Confidentiality policy. Aukcio may collect Personal Information and data that you provide when using the Platform. The processing of your Personal Information is subject to our privacy policy available via the hyperlink. Aukcio Privacy Policy (the” Confidentiality policy ”), which may provide you with more information in connection with your rights of access, correction and withdrawal of consent, and in connection with the retention, destruction and anonymization of your personal information. For any questions and/or complaints relating to your Personal Information, we invite you to consult our Privacy Policy and to contact our Privacy Officer by email at the following address: info@aukcio.ca.

Duration. This Agreement becomes effective as of the publication of your Announcement or when you agree to comply with its Terms and Conditions and if it is not terminated in accordance with article 11.2, it remains in force for up to three (3) months following the date of withdrawal of your Listing, for any reason, for any reason, including in particular the occurrence of a Transaction or a withdrawal of the Announcement at the initiative of Aukcio in accordance with article 3.8 above (the” Duration ”).

Termination. This Agreement may be cancelled:

Survival. Provisions that, by their nature, must survive the expiration or termination of this Agreement will continue to have effect despite its expiration or termination, including those relating to intellectual property, protection of Personal Information and confidentiality. In addition, upon the expiration and or termination of this Agreement, you still remain responsible for your obligations to another User and/or Aukcio for any Transaction in progress or not being completed, if applicable, in particular in the event of an accepted Offer or the exercise of the right of withdrawal, the Service Fees still being payable, if applicable, to Aukcio in accordance with the terms and conditions set out herein.

Delay. Before making any changes to the Terms and Conditions, Aukcio will send to the Owner thirty (30) days prior to the entry into force of such modification, a written notice written clearly and legibly, containing exclusively the new clause or the amended clause as well as the previous version and effective date of the modification.

Refusal. The Owner may refuse the modification and terminate the Agreement with Aukcio, all without charge, penalty or cancellation compensation, by sending a notice to this effect to Aukcio no later than thirty (30) days following the entry into force of the modification, if the modification results in the increase of an obligation of the Owner or the reduction of an obligation of Aukcio.

Responsibility. In the event of a change to the Terms and Conditions in accordance with the above, Aukcio will not be liable for any loss or damage arising therefrom, and no compensation will be due to you as a result of any such modification or termination. Aukcio reserves the right to correct any typographical errors in these Terms and Conditions and Aukcio will have no continuing liability or obligation to any User as a result of any typographical errors.

Notice. Any notice from Aukcio to the Owner hereunder will be sent by email and will be deemed to have been received by the Owner at the time of transmission.

Indemnification by you. To the maximum extent permitted by any applicable law, you agree to release, defend (at Aukcio's option), indemnify and hold Aukcio and its subsidiaries, including, but not limited to, their officers, directors, employees and agents, from and against any claim, liability, liability, damage, loss and expenses including, without limitation, any legal and accounting fees, arising out of or in any way related to (i) your violation of these Terms and Conditions or any other Aukcio policy or standard, ii) to your use inappropriate use of the Platform or the Services, or to (iii) your interaction with any User or the performance of your obligations in connection with the completion of a Transaction, including without limitation, any harm, loss, or damage (whether compensatory, direct, indirect, or otherwise) of any kind whatsoever, arising from or due to your interaction, use or (iv) your violation of any law, regulation, or third party right.

Exclusion of warranties. You expressly agree that your Use of the Platform and Services is at your sole risk. The Services are, unless we expressly state otherwise, provided “as is” at your sole risk for your Use and without representation, warranties, and conditions of any kind, express or implied, including all implied warranties of merchantability, fitness for a particular purpose, including all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge that Aukcio has no control and does not offer any guarantee on the existence, reliability, reliability, quality, quality, security and legality of the Contents, Vehicles offered for sale on the Platform, on the veracity or accuracy of the content of the Owners' ads or on the ability of Owners to sell the Vehicles offered.

Exclusion of consequential and related damages. To the extent permitted by law, in no event shall Aukcio, our directors, officers, officers, employees, employees, employees, affiliates, affiliates, agents, contractors, suppliers, and service providers be liable for any direct, indirect, incidental, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, loss of profits, revenue, savings, data, or any similar damages, whether contractual or extra-contractual, resulting from your Use of Services or the Platform, or any other claim related in any way to your Use of the Services or the Platform, including, but not limited to, any errors or omissions in any Service, or any loss or damage of any kind arising from the Use of the Services or the Platform.

Exclusion of provisions. Although the Agreement is concluded at the time of an auction of a Vehicle, you expressly agree that the Terms and Conditions have the effect of superseding the provisions of the Civil code of Quebec on the auction and that these provisions therefore do not apply to these terms or to any Use of our Services and the Platform.

Limitation of liability. Notwithstanding any stipulation to the contrary, Aukcio's total monetary liability to the Owner in respect of any claim by the Owner in connection with this Agreement shall not, to the fullest extent permitted by applicable law, exceed the sum of the Service Fees paid to Aukcio by the Owner during a period of one (1) month prior to the date on which such claim by the Owner is brought to the attention of Aukcio, including the Service Fees due by the Owners, but paid to Aukcio by the Dealer. The Dealer expressly releases Aukcio from any monetary liability beyond this limit, to the fullest extent permitted by applicable law.

Information. Although Aukcio makes every reasonable effort to ensure that the information provided available on the Platform and included in the Content or not included in the Contents is accurate, current and complete, Aukcio does not offer any guarantee and does not make any commitment to this effect. Aukcio cannot be held responsible for any loss or claim that may result from the reliability granted to this information.

Professional advice. Aukcio does not give professional, accounting, legal or fiscal advice to the Owner under any circumstances. In the event that you want to know your rights and remedies during a Transaction or an accepted Offer, for example, Aukcio strongly recommends that you consult a qualified advisor in this area.

You agree not to use any technical, financial, strategic, and other information belonging to Aukcio relating to the company, its operations, the properties of Aukcio, including any information belonging to Users, including User Personal Information (collectively the “” Confidential Information ”) disclosed by Aukcio to you, if applicable for your Use, in accordance with the Terms and Conditions or for any other reason other than those mentioned herein. You will not disclose or allow the disclosure of any Confidential Information to third parties.

You agree to take reasonable steps to protect the confidentiality of and avoid the disclosure or use of Confidential Information concerning Aukcio and its subsidiaries in order to prevent it from being publicly disclosed.

Notwithstanding the foregoing, you will not incur any liability to Aukcio in connection with any Confidential Information to the extent that you can demonstrate that Confidential Information (except for Personal Information):

Precedence. This Agreement establishes the complete agreement between you and Aukcio in connection with the purposes set out herein and supersedes all agreements and agreements between the Parties, whether oral or written,. This Agreement took place in Quebec City, Quebec.

Notice. Unless otherwise specified in these Terms and Conditions, all notices related to the Terms will be sent by email.

Non-renunciation. Aukcio's failure or delay in exercising any right, remedy, or privilege hereunder does not constitute a waiver of such right, remedy, or privilege. Likewise, Aukcio will not be barred from subsequently exercising any right, remedy or privilege that it would not have subsequently exercised, in whole or in part.

Applicable law. This Agreement is governed and interpreted exclusively in accordance with the laws of the Province of Quebec and applicable Canadian federal law.

Exclusive jurisdiction. The Parties irrevocally and unconditionally submit to the exclusive jurisdiction of the courts of the judicial district of Quebec in the province of Quebec, with respect to any dispute or claim arising, directly or indirectly, from or in connection with these Terms and Conditions.

Full Terms and Order of Precedence These Terms and Conditions and all policies and procedures incorporated herein by reference constitute the entire agreement between you and us for the Use of the Services and the Platform, and cancel any prior and contemporaneous agreements, proposals or representations, whether written or oral, relating to this subject matter. In the event of a conflict or inconsistency in the following documents, the order of precedence shall be: (1) these Terms and Conditions, (2) Aukcio's policies and procedures incorporated by reference herein; and (3) any documentation or information referred to on the Platform.

Transfer. The Owner may not assign its rights or obligations under these Terms and Conditions without the prior written consent of Aukcio. Aukcio may at any time assign its rights and obligations under these terms to any subsidiary or parent company of Aukcio upon simple written notice to the Owner to this effect.

Relationship of the Parties. Aukcio and the Owner are independent. These Terms and Conditions do not create any partnership, franchise, joint venture, joint venture, agency, trustee, or employment relationship between Aukcio and the Owner.

Separability. If any provision of these Terms and Conditions is found to be contrary to law by a court of competent jurisdiction, that provision will be considered null and void, and the other provisions of these Terms and Conditions will remain in force and effect.