Fans & Followers Shopping

GUEST PASS

TERMS & CONDITIONS

Date of Last Revision: March 25, 2022

PLEASE READ THESE TERMS CAREFULLY. By using a Fans and Followers Guest Pass to shop at a Columbia Employee Stores or Fans and Followers site, you agree to be bound by these Guest Pass Terms and Conditions.

THESE GUEST PASS TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS, INCLUDING A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 5 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND COLUMBIA ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

If you do not agree to these Guest Pass Terms and Conditions, you should not use your Guest Pass to shop on this site or in Columbia’s Employee Stores.

Columbia Sportswear Company, together with its subsidiaries and affiliates (collectively, “Columbia”), reserves the right to change or modify any of these Guest Pass Terms and Conditions at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on this site. You waive any right you may have to receive specific notice of such changes or modifications. Your use of a Guest Pass following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these Guest Pass Terms and Conditions. If you do not agree to the amended Guest Pass Terms and Conditions, you must stop using a Guest Pass to shop on this site or in Columbia’s Employee Stores.

1.              Terms of Use; Terms of Sale; Privacy Policy. The Terms of Use, Terms of Sale, and Privacy Policy posted on www.Columbia.com apply to the Fans and Followers Program and sites in addition to these Guest Pass Terms and Conditions.

2.              Discounts.

1. Access to Fans and Followers Shopping Sites. Each Guest Pass includes a unique code to access the Columbia Fans and Followers sites offering discounts on select products.
   1. Each Guest Pass code is good for access to, and a single purchase on, each of our Fans and Followers brand sites: www.Columbia.com/fans, www.MountainHardwear.com/fans, www.prAna.com/fans, and www.SOREL.com/fans.
   2. Guest Pass codes are for your personal use only and should not be transferred or shared with anyone else.
   3. Once a purchase on a Fans and Followers brand site has been completed, access to that brand site using that code will expire. The code will continue to be valid for a single purchase on the remaining brand sites.
   4. Orders may only be shipped to U.S. delivery addresses.

2. Access to An Employee Store.
   5. A Guest Pass allows you and up to four guests to shop at one of Columbia’s Employee Stores.
   6. Guest Pass must be surrendered at time of entry.

3.              General Terms.

a.      Discounts you may receive by shopping at an Employee Store or on a Fans and Followers site may not be:

i.       applied to prior purchases,

ii.      combined with any other special offer, discount, or sale event,

iii.     redeemed at any other store or site, or

iv.     applied to gift cards, limited or special edition products, or other select products identified by Columbia from time to time.

b.     Program offers and discounts are for your personal use only and should not be shared, transferred, bartered, or sold. You are prohibited from purchasing products for resale, or with the intent to resell the products to a third party. If Columbia suspects you are purchasing product for resale, Columbia may cancel your Guest Pass(es), cancel your orders, and otherwise restrict your purchase of Columbia products.

c.      Product prices including discounts, if any, are as indicated on sites (online) and on products (in Employee Stores). Product prices may vary by category, style and color, may vary between sites and Employees Stores, and are subject to change without notice. Not all products may be available, or available at a discounted price, on Fans and Followers sites or in Employee Stores.

d.     Applicable taxes and shipping charges apply to all purchases.

e.     All prices at the time of purchase are final. No price adjustments will be made.

6. Purchases at a Fans and Followers site or at an Employee Store do not qualify to earn rewards under the Columbia Greater Rewards Program.
7. Products purchased on a Fans and Followers site or at an Employee Store may be returned in accordance with our standard applicable Returns Policy with the following exception: products purchased online may only be returned via mail to our distribution center or in person at an Employee Store. Products purchased at an Employee Store may only be returned to the Employee Store at which they were purchased. Products may not be returned to any other store.
8. Columbia reserves the right to suspend, change, or discontinue your Guest Pass at any time.
9. Any other terms, conditions, and limitations stated on your Guest Pass apply in addition to these Terms and Conditions.

4.              Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLUMBIA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES,OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH A GUEST PASS, EMPLOYEE STORE, OR FANS AND FOLLOWERS SITE, EVEN IF COLUMBIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COLUMBIA (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABLITY, STRICT LIABILITY OR OTHER THORY) ARISING OUT OF OR RELATING TO GUEST PASSES, EMPLOYEE STORES, AND FANS AND FOLLOWERS SITES EXCEED $100 OR THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS USING A GUEST PASS, WHICHEVER IS LESS.

5.              Dispute Resolution. ANY DISPUTE OR CLAIM BETWEEN YOU AND COLUMBIA, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM A GUEST PASS OR YOUR PURCHASE OF PRODUCT THROUGH A FANS AND FOLLOWERS SITE OR EMPLOYEE STORE, OR ANY PRODUCTS SOLD BY COLUMBIA, OR THESE GUEST PASS TERMS AND CONDITIONS (INCLUDING THEIR INTERPRETATION, VALIDITY, TERMINATION OR BREACH) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Guest Pass Terms and Conditions is void, voidable or otherwise invalid.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE GUEST PASS TERMS AND CONDITIONS AS A COURT WOULD.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent or to Columbia at Columbia Brands USA, LLC, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. You agree that the arbitration will be conducted by and in accordance with the rules of either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. Such arbitration shall proceed either in the county in which you reside or Multnomah County, Oregon. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. Columbia will reimburse those fees for claims totaling less than $10,000. Likewise, Columbia will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

YOU AND COLUMBIA EACH AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE ACTION BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER. IN ADDITION, YOU AND COLUMBIA EACH AGREE THAT WE EACH MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COLUMBIA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

6.              Applicable Law and Venue. These Guest Pass Terms and Conditions and your use of the Fans and Followers Sites shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action not filed in arbitration pursuant to these Guest Pass Terms and Conditions shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.

7.              No Waiver; Severability. The remedies set forth in these Guest Pass Terms and Conditions are cumulative and not exclusive, unless expressly stated otherwise. Failure or delay by Columbia to enforce any provision of these Guest Pass Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision. If any provision of these Guest Pass Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Guest Pass Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

FANS AND FOLLOWERS PROGAM

TERMS & CONDITIONS

Date of Last Revision: March 31, 2022

PLEASE READ THESE TERMS CAREFULLY. By participating in the Columbia Fans and Followers Program (“Program”) or shopping at Columbia’s Employee Stores or Fans and Followers sites, you agree to be bound by these Program Terms and Conditions.

THESE PROGRAM TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS, INCLUDING A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 5 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND COLUMBIA ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

If you do not agree to these Program Terms and Conditions, you should not participate in the Fans and Followers Program or shop on this site or in Columbia’s Employee Stores.

Columbia Sportswear Company, together with its subsidiaries and affiliates (collectively, “Columbia”), reserves the right to change or modify any of these Program Terms and Conditions at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on this site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued participation in the Program following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these Program Terms and Conditions. If you do not agree to the amended Program Terms and Conditions, you must stop participating in the Program and stop shopping on this site or in Columbia’s Employee Stores.

1.              Eligibility; Enrollment; Terms.

1. Columbia employees may enroll a limited number of other individuals (“Fans and Followers”) in the Fans and Followers Program, subject to their agreement with these Terms and Conditions. The employee who enrolled you in the Fans and Followers Program is your “Columbia friend.” Fans and Followers will receive an email from Columbia welcoming them to the Program and outlining Program benefits. If you have not received a welcome email, you are not enrolled in the Fans and Followers Program. If you received a Guest Pass to access the Fans and Followers Shipping site but you are not enrolled in the Program, please review the Guest Pass Terms and Conditions for the details, conditions, and restrictions that apply to your Guest Pass.

2. You will be ineligible to participate and you will be automatically withdrawn from the Program if your Columbia friend’s employment ends or if your Columbia friend, in their sole discretion, unenrolls you. You may also be withdrawn from the Program by Columbia if you violate these Program Terms and Conditions, the site Terms of Use, or the Terms of Sale, or for any other reason in Columbia’s sole and absolute discretion.

3. The Terms of Use, Terms of Sale, and Privacy Policy posted on www.Columbia.com apply to the Fans and Followers Program and sites in addition to these Program Terms and Conditions.

2.              Fans and Followers Benefits.

1. Access to Fans and Followers Shopping Sites. Fans and Followers may periodically receive by email a unique code to access the Fans and Followers sites offering discounts on select products.
   1. Each code is good for access to, and a single purchase on, each of our Fans and Followers brand sites: www.Columbia.com/fans, www.MountainHardwear.com/fans, www.prAna.com/fans, and www.SOREL.com/fans.
   2. Codes are for your personal use only and should not be transferred or shared with anyone else.
   3. Once a purchase on a Fans and Followers brand site has been completed, access to that brand site using that code will expire. The code will continue to be valid for a single purchase on the remaining brand sites.
   4. You may opt out of receiving (unsubscribe from) Program emails at any time. If you unsubscribe from Program emails, you will not receive codes to shop at the Fans and Followers sites. Whether you subscribe or unsubscribe to Program emails will not affect your subscription to other Columbia, prAna, Mountain Hardwear, or SOREL marketing emails.
   5. Orders may only be shipped to U.S. delivery addresses.

2. Access to Employee Stores.
   6. Fans and Followers may shop at Columbia’s Employee Stores.
   7. To verify Program enrollment and shop at an Employee Store, you must provide your name and the name of your Columbia friend (if applicable) and present valid photo identification at time of entry.

3. Retail and Factory Outlet Store Discounts.
   8. Fans and Followers receive a Program discount on most products at Columbia-owned retail and factory outlet stores in the U.S.
   9. The Program discount will be communicated to you from time to time and is subject to change at any time.
   10. To verify Program enrollment and receive discount, you must provide your name and the name of your Columbia friend (if applicable) and present valid photo identification at time checkout.

4. Spouse and Dependents. Columbia offers Fans and Followers who are accurately identified at enrollment as an employee’s spouse or dependent an additional Program discount on eligible products at Columbia Employee Stores and Columbia-owned retail and factory outlet stores. If Columbia, in its sole discretion, determines that you have been incorrectly identified as an employee’s spouse or dependent, Columbia may cancel your orders and terminate your participation in the Program.

3.              General Terms.

a.      Program discounts may not be:

i.       applied to prior purchases,

ii.      combined with any other special offer, discount, or sale event,

iii.     redeemed at any other store or site, or

iv.     applied to gift cards, limited or special edition products, or other select products identified by Columbia from time to time.

b.     Program offers and discounts are for your personal use only and should not be shared, transferred, bartered, or sold. You are prohibited from purchasing products for resale, or with the intent to resell the products to a third party. If Columbia suspects you are purchasing product for resale, Columbia may withdraw you from the Program, cancel your orders, and otherwise restricting your purchase of Columbia products.

c.      Program product prices are as indicated on sites (online) and on products (in Employee Stores). Program product prices may vary by category, style and color, may vary between sites and Employees Stores, and are subject to change without notice. Not all products may be available, or available at a discounted price, on Program sites or in Employee Stores.

d.     Program discounts at retail and factory outlet stores and additional employee, spouse, and dependent discounts are applied after other applicable markdowns and discounts (if any) have been applied.

5. Applicable taxes and shipping charges apply to all purchases.
6. All prices at the time of purchase are final. No price adjustments will be made.
7. Program purchases, including purchases at a Program site, at an Employee Store, or at a Program discount, do not qualify to earn rewards under the Columbia Greater Rewards Program.
8. Products purchased through the Program may be returned in accordance with our standard applicable Returns Policy with the following exception: products purchased online may only be returned via mail to our distribution center or in person at an Employee Store. Products purchased at an Employee Store or at a Program discount at a Columbia-owned retail or factory outlet store may only be returned to the store at which they were purchased. Products may not be returned to any other store.
9. Columbia reserves the right to suspend, change, or discontinue your Program enrollment, discount codes, discounts, or the Fans and Followers Program at any time.

4.              Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLUMBIA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES,OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM OR THE PROGRAM SITES, EVEN IF COLUMBIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COLUMBIA (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABLITY, STRICT LIABILITY OR OTHER THORY) ARISING OUT OF OR RELATING TO THE PROGRAM OR PROGRAM SITES EXCEED $100 OR THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE, WHICHEVER IS LESS.

5.              Dispute Resolution. ANY DISPUTE OR CLAIM BETWEEN YOU AND COLUMBIA, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM OR YOUR PURCHASE OF PRODUCT THROUGH THE PROGRAM, ANY PRODUCTS SOLD BY COLUMBIA OR THROUGH THE PROGRAM SITES, OR THESE PROGRAM TERMS AND CONDITIONS (INCLUDING THEIR INTERPRETATION, VALIDITY, TERMINATION OR BREACH) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Program Terms and Conditions is void, voidable or otherwise invalid.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE PROGRAM TERMS AND CONDITIONS AS A COURT WOULD.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent or to Columbia at Columbia Brands USA, LLC, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. You agree that the arbitration will be conducted by and in accordance with the rules of either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. Such arbitration shall proceed either in the county in which you reside or Multnomah County, Oregon. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. Columbia will reimburse those fees for claims totaling less than $10,000. Likewise, Columbia will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

YOU AND COLUMBIA EACH AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE ACTION BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER. IN ADDITION, YOU AND COLUMBIA EACH AGREE THAT WE EACH MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COLUMBIA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

6.              Applicable Law and Venue. These Program Terms and Conditions and your use of the Program Sites shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action not filed in arbitration pursuant to these Program Terms and Conditions shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.

7.              No Waiver; Severability. The remedies set forth in these Program Terms and Conditions are cumulative and not exclusive, unless expressly stated otherwise. Failure or delay by Columbia to enforce any provision of these Program Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision. If any provision of these Program Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Program Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.