PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR MANNERED MANES SERVICES
Who we are
Mannered Manes, Inc. (the “Owner” or “Mannered Manes”) is a Delaware corporation headquartered in Texas. It owns and operates mobile applications on Apple and Google platforms (the “Apps”) as well as a website: www.manneredmanes.io (the “Website”).
What these terms govern
These Terms govern the use of Mannered Manes products and services (collectively, the “Services”), which include:
By visiting the Website, using any Apps, or otherwise engaging or using any Services, you are a “User” as that term is used herein.
Although the entire contractual relationship relating to these Services is entered into solely by the Owner and Users, Users acknowledge and agree that, where Mannered Manes has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary. Relevant rules of Apple Inc. and Google Inc. respectively are located at: https://www.apple.com/itunes and https://play.google.com/store apply.
By using Mannered Manes Services, Users confirm and represent the following:
To use the Services, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts or access credentials has been violated, unduly disclosed, or stolen.
Conditions for account registration
Registration of User accounts on Mannered Manes Services is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Account termination by User
Users can terminate their account and stop using the Service at any time by directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive, or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages, or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on or through Mannered Manes Services is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on Mannered Manes infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The content shared through Mannered Manes Services, including the Premium services, whether posted by the Owner, Users, independent contractors (including Stylists), or other third parties is provided for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, examination or treatment. Mannered Manes makes no claims, representations, or guarantees that the Services provide a physical or therapeutic benefit. Don't ignore professional medical advice or delay in seeking treatment because of any information provided by or obtained through Mannered Manes Services. Always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately. Mannered Manes does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the websites. Your reliance on any such information is solely at your own risk.
Rights regarding content on Mannered Manes Service - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Mannered Manes, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on Mannered Manes, the User may download, copy and/or share some content available through Mannered Manes for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to Mannered Manes.
By providing content to Mannered Manes, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on any Mannered Manes Services they expressly grant the Owner and its successors a worldwide, sublicensable, fully-paid, royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, and distribute such content in connection with Mannered manes’ business purposes. This license will terminate at the time such content is removed from Mannered Manes Services.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Mannered Manes.
Users agree that they will not under any circumstances transmit any content (including software, text, images, or other information) through Mannered Manes Services that:
Mannered Manes, at its own discretion, may monitor content shared on its Services. However, Mannered Manes is not responsible for any content posted by its Users, representations made by Users, or any statements made in interactions between Users. Nor is Mannered Manes responsible for any liability, loss, or damage that occurs as a result of any User interactions or Users’ reliance on any statements made by other Users on or through the Services.
Mannered Manes has the right (though not the obligation) to determine whether any User’s content violates these Terms, infringes any applicable legal provision or third party right, or otherwise represents a risk for Users, third parties, the Owner, and/or the availability of the Service. The Owner reserves the right to refuse, censor, remove, delete, block or rectify such content at its own discretion and to deny access to Mannered Manes to the uploading User without prior notice.
The removal, deletion, blocking, or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages, or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Mannered Manes.
Access to provided content
Content that Users provide to Mannered Manes is made available according to the criteria outlined within this section.
Publicly available content
Content meant for public availability shall be automatically made public on Mannered Manes upon upload or, at the sole discretion of the Owner, at a later stage.
Any personal data, identifier, or any other information that Users upload in connection with such content (such as a User-ID, avatar or nickname, etc.) shall also appear in connection with the published content.
Content shared by Stylists
Through Mannered Manes Services, Users may receive content shared by an independent contractor hired by Mannered Manes (a “Stylist”). Users acknowledge and accept that Stylists are neither employees nor agents of Owner.
Mannered Manes uses commercially reasonable efforts to confirm that its Stylists hold a valid cosmetology license in at least one jurisdiction in which they operate. Mannered Manes further exercise commercially reasonable efforts to ensure that the Stylists’ professional ability and competency meet Mannered Manes standards prior to allowing the Stylist to interact with Users or Consumers through Mannered Manes Services. Mannered Manes also continues to exercise reasonable care to ensure that its Stylists are providing services commiserate with Mannered Manes standards. Any complaints about any Stylist made to Mannered Manes are investigated promptly. If you have any concerns or complaints about any Mannered Manes Stylist please contact us immediately.
However, because the Stylists are not employees of Mannered Manes, Owner does not exercise control over the content shared by Stylist to any greater degree than it directs the content shared by any other Users. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content provided through Mannered Manes Services or by any Mannered Mane Stylist or other independent contractor.
How to file a takedown notice (called a “DMCA notice”)
If copyright holders or their agents believe that any content on Mannered Manes infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.
Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.
Access to external resources
Through Mannered Manes Services, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
In particular, on Mannered Manes Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed. If Users click on any such advertisement, they will be interacting with the third-party responsible for that advertisement.
The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
Mannered Manes App offers a Premium subscription that grants you access to additional features for a monthly subscription fee. By paying the subscription fee you get access to Mannered Manes Premium during the time your subscription is valid, subject to these Terms. All Premium subscribers are considered “Consumers” under these Terms.
Billing and Cancellation – Premium Services
All subscriptions with Mannered Manes Premium are paid in advance. Consumer may at any time terminate Consumer’s membership, in which case the membership will still be valid for the subscription time Consumer already paid for. To terminate the Mannered Manes Premium subscription Consumer must follow the subscription termination procedures of its App provider. Consumer cannot terminate the subscription through the Mannered Manes App.
Consumer consents that the Premium services commence immediately upon subscribing to Mannered Manes Premium. Consumer will only have 7 days to withdraw from the contract with Mannered Manes for the Premium subscription from the date Consumer receives confirmation of the subscription via email regardless whether Consumer uses the service during that period.
Consumers’ subscriptions for the Mannered Manes App are purchased through the App Store or the Google Play store and are governed by the terms and conditions thereof. Consumers must contact their app provider for any issues regarding payments, renewals, and refunds. Consumers can only cancel the Premium subscription through the use of their app provider. Please note that uninstalling the mobile application or closing your account will not automatically terminate the Premium subscription. Consumers must actively cancel the subscription. Mannered Manes does not have access to Consumer’s billing information and cannot issue a refund.
Price and tax changes – Premium Services
Mannered Manes may from time to time make changes to the Premium subscriptions, including recurring subscription fees, and will communicate any price changes to Consumers in advance. Price changes will take effect at the start of the next subscription period following the date of the price change. If Consumer does not agree to a price change, they can reject the change by unsubscribing prior to the price change going into effect.
Tax rates for any subscription fee are based on the rates applicable at the time of Consumer’s monthly charge. These amounts can change over time with local tax requirements in Consumer’s country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information provided.
One of Mannered Manes Services is a consultation with a Stylist who has contracted with Owner to offer consultations to Mannered Manes Users for an additional fee payable through Mannered Manes Website or Apps (the “Stylist Consultation”). When a User purchases a Stylist Consultation, User is also a Consumer as that term is used in these Terms.
The Owner and Stylist each reserve the right, but are not obligated, to limit the Stylist Consultation to any person, geographic region, or jurisdiction. The Owner and Stylist may exercise this right on a case-by-case basis. The Owner and Stylist reserve the right to limit the quantities or duration of any Stylist Consultation.
Payment Terms – Stylist Consultations
To book a consultation with a Stylist, User must follow all on-screen instructions to complete the purchase. The price for the consultation will be the price listed on the Website or App, and Consumer will be charged the posted amount for the consultation selected plus any disclosed fees or taxes. All orders are subject to acceptance and Stylist availability.
Provided Consumer is not in breach of these Terms, we offer a full refund for those who sign up for a Stylist Consultation, and request a refund within 72 hours of purchase. However, if Consumer has already had the Stylist Consultation, no refund will be available.
Scheduling and Cancellation Policy – Stylist Consultations
Consumer will schedule all Stylist Consultations directly on Mannered Manes Website or Apps. If Consumer needs to reschedule or cancel the Stylist Consultation, they must do so at least 24 hours prior to the scheduled consultation otherwise Consumer will forfeit the Stylist Consultation and will not receive a refund.
Not Medical Advice
The services provided by Stylists are not medical or any other type of health service. Stylists do not diagnose or treat, or offer advice regarding, any medical or health condition or illness. The Stylist cannot substitute for, and is not an alternative to, medical or other healthcare diagnosis and treatment when a medical or other health condition or illness is present. You are advised to seek diagnosis, treatment, and advice regarding medical or other health conditions or illnesses from physicians practicing medicine or other licensed healthcare professionals. Stylist Consultations are designed only to provide Consumers with education, information, and personal support. You assume all risks of relying on any information or advice obtained through a Stylist Consultation.
Users acknowledge that Owner uses substantial labor and effort to connect a Consumer with a Stylist. Users represent and warrant that they will not circumvent or attempt to circumvent Owner or these Terms. This section shall not apply to a Consumer who has a demonstrable history of obtaining services from the Stylist prior to the Consumer obtaining a Stylist Consultation from the Stylist through Mannered Manes. Consumer shall notify Owner immediately if a Stylist suggests rendering services outside of Mannered Manes Services.
When a User purchases any product on the Website or Apps, User is also a Consumer as that term is used in these Terms. When placing an order through Mannered Manes Website or Apps (an “Order”), Consumer must follow all on-screen instructions to complete the purchase.
Acceptance of Order
All Orders are subject to acceptance and availability. Mannered Manes may, in its discretion, refuse to accept an Order for any reasons, including inability to obtain payment authorization, restrictions on shipping for a particular product or destination, or unavailability of the ordered product. If an Order is not accepted, Mannered Manes will notify Consumer that the order was not accepted.
Return and Refund Policy
Mannered Manes hopes that Consumers are satisfied with all products in their Orders but understands that there may be times that Consumer needs to return products.
The following items qualify for a full refund under the 30-day return policy:
Unfortunately, the following items are not eligible for refunds/returns:
If Consumer wishes to return any product in their Order, Consumer should promptly notify Mannered Manes via email at email@example.com or firstname.lastname@example.org of their intent to return the product. Please include your name, the items you plan to return, and the reason for the return. Photos of the problem are also appreciated. Mannered Manes will refund qualifying returns within 10 business days of receiving the return. Original shipping charges will not be refunded.
When a Consumer purchases a consultation or product, Consumer agrees to do so expressly subject to the Terms in effect on the date of the transaction. Consumer is responsible for reviewing the latest Terms.
Prices, Fees, and Taxes
The Consumer shall pay the amount of the service or products as stated on the Website or Apps plus any applicable tax or shipping, as applicable. Mannered Manes reserves the right to change its price list and to institute new charges at any time, upon prior notice to Consumer, which may be sent by email or posted on the Services. Consumer’s purchase of any consultation or product following such notification constitutes Consumer’s acceptance of any new or increased charges.
By providing payment and billing information and clicking “Purchase” in the Website or Apps, Consumer expressly authorizes Owner to charge the payment or billing method provided by Consumer for the consultation or product(s) selected.
Payment and Personal Data
To make purchases of products or stylist consultations, Consumer will be required to provide Consumer’s personal details. In particular, Consumer’s real name, phone number, e-mail address, and other requested information as indicated. Consumer authorizes Owner, directly or through third parties to make any inquiries necessary to validate Consumer’s identity and/o conduct appropriate anti-fraud checks.
Consumer agrees to provide current, complete, and accurate payment and billing information for all purchases. This may include email address, payment method, and payment card expiration date. Sales tax will be added to the price of purchases as deemed required by Owner.
All credit/debit card transactions on the Website will be processed using a third party that provides a secure online payment gateway that encrypts credit/debit card details. Consumer’s credit/debit card information will only be used to process the authorized transaction. We do not store credit/debit card information and rely on a third-party payment provider to do so. Mannered Manes takes reasonable care, to the extent it is within its control to do so, to keep Consumers’ personal information payment data secure. However, in the absence of gross negligence by Mannered Manes, it will not be liable for any loss arising from or related to any unauthorized access to any personal information or payment data that Consumers provide when placing an order on the Website or Apps.
Mannered Manes Services may only be used within the scope of what they are provided for, under these Terms and applicable law.
The Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Mannered Manes Services, terminating contracts, reporting any misconduct performed through Mannered Manes Services to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
However, the Owner is not required and assumes no obligation to monitor any content shared on Mannered Manes Services by Users, independent contractors, or third parties.
Users are solely responsible for making sure that their use of Mannered Manes Services violates no applicable law, regulations, or third-party rights.
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to Mannered Manes are held by the Owner and/or its licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Mannered Manes and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
API usage terms
Users may access their data relating to Mannered Manes via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses Mannered Manes, is bound by these Terms and, in addition, by the following specific terms:
Limitation of liability
Disclaimer of Warranties
Mannered Manes Services, including Stylist Consultations, products, and tools, are provided strictly on an “as is” and “as available” basis. Use of the Services and any information obtained from the Services is at the Users’ own risk. To the maximum extent permitted by applicable law, the Owner its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, Stylists, independent contractors, and employees (“Disclaiming Parties”) expressly disclaim all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Disclaiming Parties or through the Services will create any warranty not expressly stated herein.
Without limiting the foregoing, the Disclaiming Parties, do not warrant that the content is accurate, reliable, or correct; that the Services will meet Users’ requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is downloaded at Users’ own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Services.
The Disclaiming Parties do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Disclaiming Parties shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Services may become inaccessible or may not function properly with Users’ web browser, mobile device, and/or operating system. The Disclaiming Parties cannot be held liable for any perceived or actual damages arising from Services content, operation, or use of the Services.
Consumer understands that products offered or sold by Mannered Manes may contain materials that could be dangerous if handled improperly, and you acknowledge that Mannered Manes is not liable for any personal injury or property damage arising from any misuse of any products offered through the Properties. Consumer further acknowledges that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. Consumer herebys agree not use products for any illegal purpose and to assume all liability for any action Consumer takes for any action that is contrary to any law, rule, or regulation of any territory.
Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. These Terms give Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, Stylists, independent contractors, and employees (“Released Parties”) be liable for
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if any Released Parties has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Released Parties harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms are governed by the laws of the State of Texas, which is where Owner is headquartered, without regard to conflict of laws principles.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts Fort Bend County, Texas, which is where Owner is headquarters and the county in which Owner entered into this agreement as to Terms.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns, blackouts, etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Mannered Manes Service without the Owner’s express prior written permission.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to Mannered Manes Services are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Mannered Manes are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force. The present terms are effective Sept 15, 2022.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of Mannered Manes Services must be sent via email to email@example.com or firstname.lastname@example.org.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.