Effective Date: September 2025
These TERMS OF USE (“Terms”) describe the terms and conditions on which Keypath Education, LLC (d/b/a ClickClinicals) (“ClickClinicals”, “we”, “our” or “us”) offer you access to our placement portal, as well as the reports, forms, statements, documents, products and/or services (collectively “Services”) available through our website located at www.clickclinicals.com (“Site”). References to “you” and “your” refer to you as a visitor to and user of the Site, some terms by context, apply specifically to students seeking a clinical match through the Site.
YOU SHOULD READ THESE TERMS CAREFULLY. BY CLICKING THE “I AGREE” BUTTON, OR BY ACCESSING, INSTALLING, USING OR REGISTERING FOR YOUR USE OF THE SITE AND/OR ANY OF THE SERVICES AVAILABLE THROUGH THE SITE, YOU ARE CREATING A BINDING AGREEMENT BETWEEN YOU AND CLICKCLINICALS, AND YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. YOU MAY ONLY ACCESS THIS INFORMATION FOR THE PERMITTED PURPOSES AS DESCRIBED HEREIN AND WILL NOT USE THE INFORMATION FOR ANY OTHER PURPOSE, INCLUDING AN ANTI-COMPETITIVE ONE. BY CONTINUING TO ACCESS AND USE THE SERVICES OR SITE, YOU AGREE THAT SUCH USE IS LEGALLY SUFFICIENT CONSIDERATION UNDER THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND/OR ACCESS THE SERIVCES AVAILABLE THROUGH THE SITE.
Modifications
We may change the Site and/or these Terms at any time. All modifications will be effective when the changes are posted to the Site. You can determine when the Terms were last revised by referring to the “Effective Date” at the top of these Terms. You are expected to check these Terms on the Site from time to time to take notice of any changes. You understand and agree that your continued access to or use of the Site after any posted modification to these Terms indicates your consent to any such modifications. If you do not agree with the new Terms, you should not use the Site and/or Services available through the Site.
Description of Services
The Site and the Services available through the Site, provide convenient and efficient matching services, to pair nursing students with one or more licensed, skilled and experienced practitioners (“Preceptor”) who supervise students, in a clinical and/or hospital setting within 125 miles of the address provided (“Clinic”), to allow practical experience with patients during clinical rotations, in order to fulfill the clinical hours required to complete a higher education program (“Rotation Requirements”).
Access
You must provide (a) all equipment necessary for your own internet connection, including computer and modem; and (b) provide for your access to the internet, and (c) pay any fees that relate with such connection.
As a condition to access clinical matching Services, you will be required to register an account with ClickClinicals on the Site. You will use the email you provide during the registration process as your username when logging into the Site. To provide increased security on the Site, ClickClinicals requires the use of a one-time password (“OTP”) to access the Site. An OTP will be sent to the email address or mobile phone number you provided during the registration process, and if mobile, will be via short message service (“SMS”) each time you attempt to log into the Site. If you are unable to provide your OTP, you will not be permitted to access the Site. You are solely responsible for all information transmitted and/or uploaded to and/or through the Site, and/or the use of any Services, in each case, through your account. You agree to promptly notify us of any unauthorized use of your account and/or other account information, or of any other breach of security that you become aware of involving your account, the Site and/or the Services.
Electronic Communications
By using the Site and/or Services, and providing your contact information, you consent to receiving electronic communication via posting electronic notices on the Site or otherwise (e.g., electronic mail, text messaging, video conferencing, telephone call or other communication services), subject to your right to opt out of commercial marketing messages. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services. Any information that we send you by e-mail will be considered received by you on the date it was sent. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications, be in writing.
Use of the Site
By accessing and/or using the Site and/or Services, you hereby represent and warrant to ClickClinicals you are eighteen (18) years old or older, and you have and will maintain any and all licenses, certificates and/or other qualifications and/or documentation required by the qualified program in which you are enrolled or for clinicals you agree to precept. In your access and use of the Site and Services provided through the Site, you hereby agree: (a) to use the Site and Services provided through the Site for lawful purposes; (b) to access the Site in accordance with the Access provision above and you will not attempt to obtain and/or help others to obtain unauthorized access to the Site and/or Services; (c) not to use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site; (d) not to interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the account or computer system of any other Site user; (e) not to take any other action in connection with your use of the Site which violates any treaty, law or regulation and these Terms and to fully comply with all applicable treaties, laws, regulations and these Terms in your use of the Site and/or Services; (f) except as expressly provided for herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site and/or Services, or any portion thereof, or any information or content on the Site and/or provided through the Services, without the prior written permission of ClickClinicals; (g) not to misrepresent your identity, provide false information, misrepresent your licenses, certificates and/or qualifications, impersonate another person or entity, misrepresent your affiliation with a person or entity or attempt to use another user’s account; and/or (h) not to assist any third party in engaging in any activity prohibited by these Terms. Further, it is important that you follow all prompts and read information boxes throughout your access of the Site. You, as a student, agree that Services may not be provided, and are not refundable, if you enter rotation requirements based on personal preference. ClickClinicals will only provide a Preceptor/Clinic match based on school requirements. See Refund Policy.
Unauthorized Use of the Site
ClickClinicals reserves the right to monitor the Site for any reason and to investigate and/or take legal action against any illegal and/or unauthorized use of the Site, including but not limited to, any use of materials on the website, including reproduction for purposes other than those noted above; unauthorized access to the Site through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means or other commercial exploitation of any kind; interference with the Site; and/or action that imposes an unreasonable load on the Site. ClickClinicals’s decision not to pursue legal action for any violation of these Terms shall not be construed as a waiver of these Terms or ClickClinicals’s legal rights. We may suspend or terminate your access to the Site at any time, with no liability to you, including if we are investigating any suspected noncompliance with these terms. However, we assume no responsibility or liability arising from the use of the Site and/or the Services by our users.
Clinic Match and Time Limit for Approval
For students who proceed with clinical matching Services, once you have received notice from ClickClinicals that you have been matched with a Preceptor/Clinic, you will have six (6) calendar days therefrom to provide your approval thereof. Your failure to do so will result in your loss of the Preceptor/Clinic match and you will forfeit your Deposit. See Refund Policy.
CLICKCLINICALS NEITHER WARRANTS NOR GUARANTEES THAT ANY INFORMATION AND/OR DOCUMENTATION YOU POST AND/OR UPLOAD TO THE SITE WILL BE VIEWED BY AND/OR OFFERED TO ANY SPECIFIC NUMBER OF CLINICS AND/OR PRECEPTORS AND/OR THAT YOU WILL BE MATCHED WITH A CLINIC.
Payment
In order to access the Services, you will pay ClickClinicals (a) a non-refundable deposit in the amount provided by ClickClinicals on the Site, when you register your account on the Site prior to utilizing the Services, this amount includes a $20.00 technology usage fee for access to our digital platform which allows you to search for, apply to and manage healthcare clinical placement opportunities (“Deposit”); and (b) the amount provided by ClickClinicals on the Site depending on your Rotation Requirements and other factors (e.g., required clinical hours, location, number of weeks to complete hours, etc.) for the performance of the Services, within six (6) days from your receipt of notice that you have been matched with a Preceptor/Clinic. In no event will ClickClinicals be required to release the Preceptor/Clinic information to you, until you have made the foregoing payments. Following your payment in full, ClickClinical’s obligation is satisfied upon delivery to you of a Preceptor/Clinic match. FAILURE TO PAY CLICKCLINCALS IN ACCORDANCE WITH THIS PROVISION WILL RESULT IN THE LOSS OF YOUR MATCH WITH THE CLINIC.
In the event you are not matched with a Preceptor/Clinic, ClickClinicals will retain the non-refundable Deposit. No further payment obligations will accrue, unless or until you have been successfully paired with a Preceptor/Clinic and have provided your explicit approval of the proposed match by paying the remaining balance of the fees in accordance with these Terms. If ClickClinicals is unable to identify and present a qualified Preceptor/Clinic by the paperwork due date, your deposit may be refundable, see the Refund Policy for more information.
In addition to standard payment methods on the Site, a third-party payment solution (e.g., Klarna) may be available as a payment option on the Site. You may pay for the Services using the payment method offered by such third party (e.g., pay over time with financing, subject to eligibility). By selecting the third-party payment solution at checkout, you will be required to agree to the third-party’s terms and conditions, privacy policy and/or other documentation as required by such third party. ClickClinicals shall have no responsibility for your use of such third-party payment solution, as further detailed under the Third-Party Services and Sites provision below.
Refund Policy
Refunds are not generally issued, however, in certain specific circumstances, a full or partial refund may be available. These Terms incorporate the Refund Policy applicable to the Services offered on this Site; you should carefully review the terms of the Refund Policy.
Affiliate Agreement
In the event you are matched with a Preceptor/Clinic, it is your responsibility to verify and confirm with your academic advisor and/or the Educational Institution that the Educational Institution has an Affiliate Agreement with the Preceptor/Clinic you are matched with. For the purposes of these Terms, “Affiliate Agreement” shall mean the agreement between a Clinic, Preceptor (if required) and the educational institution and/or organization in which you are enrolled (“Educational Institution”), whereby the Preceptor/Clinic (if required) are authorized by the Educational Institution to provide its students with fieldwork and clinical opportunities (which may be in a clinical and/or hospital setting), including patient care, as a part of the curriculum at the Educational Institution in order to fulfill the students’ Rotation Requirements.
You hereby represent and warrant to ClickClinicals that you are aware and understand how you will contact and confirm if the Preceptor/Clinic has an Affiliate Agreement with the Educational Institution. In the event the Educational Institution does not have an Affiliate Agreement with the Preceptor/Clinic, it is your responsibility to notify the Educational Institution and request that the Educational Institution engage, negotiate and execute an Affiliate Agreement with the Preceptor/Clinic prior to working any hours with such Preceptor/Clinic. You hereby represent and warrant to ClickClinicals that you are aware of and fully understand the process you must engage in with the Educational Institution in order to have an Affiliate Agreement in place between the Educational Institution and the Preceptor/Clinic. Please note, if you do not verify and confirm that the Educational Institution has an Affiliate Agreement with the Preceptor/Clinic, any work that you perform with the Preceptor/Clinic as required will not be credited to your Rotation Requirements.
CLICKCLINICALS NEITHER WARRANTS NOR GUARANTEES TO YOU THAT A PRECEPTOR/CLINIC (AS REQUIRED) HAS AN EXISTING AFFILIATE AGREEMENT WITH THE EDUCATIONAL INSTITUTION WHEREBY ANY HOURS THAT YOU WORK WITH SUCH PRECEPTOR/CLINIC MAY BE CREDITED TO FULFILL YOUR ROTATION REQUIREMENTS. CLICKCLINICALS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO CHECK WITH THE EDUCATIONAL INSTITUTION FOR AN AFFILIATE AGREEMENT AND/OR FOR THE EDUCATIONAL INSTITUTES’ FAILURE TO TIMELY NEGOTIATE AND EXECUTE AN AFFILIATE AGREEMENT WITH A PRECEPTOR/CLINIC, AS REQUIRED.
Clinical Site Requirements and Scheduling
You are aware that you may be required to provide a Preceptor/Clinic certain information for its specific clinical site requirements, including, but not limited to, background checks and/or vaccination/immunization requirements (“Clinical Site Requirements”). It is your responsibility to meet the Clinical Site Requirements, and your failure to do so may result in losing the opportunity to complete the rotation at the Clinic and/or with the Preceptor. ClickClinicals shall have no responsibility for your failure to meet the Clinical Site Requirements.
Once a match is provided, it is up to you and the Clinic or Preceptor to arrange a schedule that allows you to complete your hours. CLICKCLINICALS DOES NOT GUARANTEE OR ARRANGE SCHEDULING BETWEEN YOU AND THE CLINIC OR PRECEPTOR.
Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLICKCLINICALS MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLICKCLINICALS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, CLICKCLINICALS MAKES NO REPRESENTATIONS AND/OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
Indemnification
To the extent permitted under applicable law, ClickClinicals and its affiliates, and/or their respective directors, officers, employees, agents or other representatives (the “ClickClinicals Group”) shall not be liable to you or any third party for damages of any kind arising out of the use of, access to, reliance on, inability to use or improper use of the site or any information, content, materials or services available thereon, regardless of the form of action, whether in contract, at law, in equity or otherwise.
You hereby agree to release, defend, indemnify and hold harmless ClickClinicals Group, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising from, related to and/or in connection with (a) your use of the Site or any content, information, materials or services contained, displayed or available therein and/or your use of the Services by you or any other person accessing the Site through your account; (b) any content you submit, post to, upload and/or otherwise transmit through the Site via your account; (c) your violation and/or breach of these Terms; (d) your negligence, willful misconduct, fraud and/or fraudulent misrepresentation, and/or (e) your violation and/or breach of any applicable laws.
Limitation of Liability
ClickClinicals shall not be liable to you for any damages whatsoever, and in particular ClickClinicals shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if ClickClinicals has been advised of the possibility of such damages. Notwithstanding the foregoing, some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages and in such instances the above limitations are inapplicable.
Data
Through your account, you may provide us with text, images, file attachments, and other information, including, but not limited to, your contact information for notices and other communications from us, your payment information, resume, curriculum vitae, university rotation requirements, license(s), certifications, qualifications and letters of good standing with your Educational Institution (collectively, “Data”). You hereby warrant and represent to ClickClinicals that any and all Data that you upload or transmit through the Site is true, accurate, current and complete and you will maintain and promptly update the Data as required, to keep it accurate, current and complete. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You retain full ownership of your Data. You are solely responsible for your Data and indicate that you own or have the necessary rights to all of your Data, and that use of your Data does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. WE DO NOT ACCEPT PROTECTED HEALTH INFORMATION (“PHI”) AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT PROVIDE OR DOWNLOAD PHI TO CLICKCLINICALS AND/OR THE SITE. TO THE EXTENT YOU INADVERTENTLY PROVIDE PHI, YOU ACKNOWLEDGE THAT CLICKCLINICALS DOES NOT MONITOR THE INFORMATION YOU PROVIDE TO DETERMINE IF IT CONTAINS PHI AND YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE PHI.
To the extent permissible under all applicable laws and regulations, you hereby grant ClickClinicals a non-exclusive, irrevocable and royalty-free worldwide license to use, reproduce, transmit, print, publish, publicly display, distribute, redistribute, index, comment on, modify and make available Data in connection with the Services pursuant to these Terms. In addition, you hereby authorize ClickClinicals to share your Data with potential Clinics and Preceptors.
Privacy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy for more information on the collection and use of information on the Site, which is hereby incorporated as part of these Terms by reference.
Trademarks and Copyrights
All content included or available on the Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof are the proprietary service marks or trademarks of ClickClinicals or its licensors (“ClickClinicals Marks”). ClickClinicals Marks may not be used in connection with any product or service that is not ClickClinicals’, in any manner that is likely to cause confusion among consumers, or to disparage or discredit ClickClinicals. All other trademarks and service marks not owned by ClickClinicals or its licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ClickClinicals. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the service mark or trademark owner.
All content on this Site, including, but not limited to, works of authorship, publications, presentations, directories, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site are the property of ClickClinicals or its licensors and are protected by United States and international copyright and other intellectual property laws. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of ClickClinicals or any other person.
In consideration of and subject to your payment of the Deposit, ClickClinicals grants you a non-exclusive, revocable, personal, non-transferable and limited license to access and use the Site and the Services as permitted herein, and for no other purpose.
Confidentiality
You hereby agree to keep all information, materials and documentation accessed on the Site and/or provided through the Services, whether or not marked as “confidential”, “proprietary” or otherwise, whether oral, written, electronic or other form of communication, including, but not limited to, ClickClinicals Marks and the contents of this Agreement (collectively, “Confidential Information”), strictly confidential. You will not disclose, distribute, or share any Confidential Information with any third party without prior written consent from ClickClinicals. You may only use the Confidential Information for the purposes of fulfillment of your obligations hereunder. In the event of any violation or attempted violation of this Paragraph by you, ClickClinicals shall be entitled to specific performance and injunctive relief or other equitable remedy without any showing of irreparable harm or damage, and you hereby waive any requirement for the securing or posting of any bond or other security in connection with any such remedy.
Non-Disparagement
You hereby agree and covenant, you shall not at any time make, publish, or communicate any defamatory or disparaging remarks, comments, or statements concerning ClickClinicals or its businesses, products, services, associated third parties, including the Sites, Preceptors, Clinics, media, or Educational Institutions and their affiliates. The foregoing includes using any information gained from accessing or using the Site and/or Services for such purposes.
Third Party Services and Sites
While you use the Site and/or the Services provided therein, you may have the opportunity to utilize services or products provided by other third parties, including, without limitation, any third-party payment gateway and/or payment solutions on the Site (“Third-Party Services”). If you use any Third-Party Services, you are responsible for reviewing and understanding any terms and conditions governing such Third-Party Services. You agree that the third-party is exclusively providing the Third-Party Services to you and is solely responsible for such Third-Party Services.
The Site may include links to other third-party websites and/or third-party content that are owned and operated by online merchants and other third parties (e.g., a link to Klarna which offers third-party payment solutions) (“Third-Party Sites”). In addition, the Site may include or display third-party content (e.g., information, documents, advertisements, images, articles and reviews) (“Content”). The display of any link to a Third-Party Site and/or Content on the Site, does not imply endorsement by ClickClinicals of the Content and/or Third-Party Site (including any information or content therein). You acknowledge that ClickClinicals is not responsible for the availability of, or the content and/or Services located on or through, any Third-Party Site. Your use of those Third-Party Sites is subject to the terms of use and privacy policies of each site, and ClickClinicals is not responsible for the foregoing. IN NO EVENT WILL CLICKCLINICALS BE LIABLE, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY CONTENT DISPLAYED ON THE SITE AND/OR THIRD-PARTY SITES (INCLUDING ANY LINKS CONTAINED THEREIN), AND/OR PROVIDED THROUGH YOUR RECEIPT OF THIRD-PARTY SERVICES.
Feedback
Except where otherwise expressly provided by ClickClinicals, all comments, case studies, support requests and solutions, testimonials or feedback, in any form of communication, which is solicited by or provided to ClickClinicals regarding your experiences with, preferences for, opinion of or suggestions regarding this Site and/or the Services (collectively, “Feedback”) shall be considered non-confidential and owned by ClickClinicals. By submitting such Feedback to ClickClinicals, you agree that you assign to ClickClinicals without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Feedback, and that ClickClinicals shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.
Modification or Discontinuance to the Site
At any time, without notice to you, and for any or no reason, ClickClinicals may modify or discontinue the Site and/or Services provided through the Site. ClickClinicals shall in no way be held liable to you or any third-party should ClickClinicals exercise its right to modify or discontinue the Site and/or Services provided through the Site. Should ClickClinicals terminate or discontinue the Site and/or Services as provided for in this Paragraph, you may be entitled to receive a refund of your Deposit.
Denial of Access
ClickClinicals may prohibit you from using or accessing the Site for any or no reason, at any time, in its sole discretion, without notice to you.
Injunctive Relief
In the event of any violation or attempted violation of these Terms by you, without prejudice to any other rights and remedies available to ClickClinicals, ClickClinicals shall be entitled to seek specific performance, injunctive relief or other equitable remedy without any showing of irreparable harm or damage, and you hereby waive any requirement for the securing or posting of any bond or other security in connection with any such remedy.
Governing Law
The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these terms shall be brought solely in Chicago, Illinois. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS.
Entire Agreement
These Terms, together with ClickClinicals’ Privacy Policy and any other documents referenced herein, set forth the entire understanding between you and ClickClinicals with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and ClickClinicals with respect to such subject matter. Should any provision in these Terms be found invalid, unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions.