Terms of website use

Effective Date: 18th July 2016

These terms and conditions apply to your use of www.mulberry.com (the "Website") which we, Mulberry Company USA Inc. (“Mulberry” or “we”), own and maintain. These terms and conditions should be read alongside, and are in addition to, our Privacy Policy which tells you how we use your personal information.

By using the Website you agree to these terms and conditions. If you do not agree to these terms and conditions, you must stop using the Website immediately.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTES/ARBITRATION/GOVERNING LAW” PROVISION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MULBERRY (AS WELL AS CERTAIN OTHER PARTIES) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.

In some instances, both these terms and conditions and a separate document that provides additional conditions may apply to a product or service offered through the Website ("Additional Terms"). When you purchase a product through the Website, Additional Terms will include our Terms of Sale. To the extent there is a conflict between these terms and conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

We may update or amend these terms and conditions from time to time to comply with law or to meet our changing business requirements. Any updates or amendments will be posted on the Website. The updated terms and conditions will be effective as of the time of posting, or such later date as may be specified by us, and will apply to your use of the Website from that point forward. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

Accessing the website

As part of using the Website you may set-up a Mulberry account using an e-mail address and password ("Account Details"). You are responsible for maintaining the confidentiality of your Account Details and are responsible for all activities that are carried out under them.

We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your Account Details are used by someone else unless this is due to our negligence.

You agree to notify our Customer Care team immediately, if you become aware of or suspect any unauthorised use of your Account Details.

You confirm that:

(a) any information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times; and

(b) you will at all times comply with these terms and conditions.

You agree that in using the Website you will not:

(a) use the Website for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else's use and enjoyment of the Website;

(b) use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;

(c) impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;

(d) transfer files that contain viruses, trojans or other harmful programs;

(e) authorise, encourage or assist any other person to, copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Website;

(f) penetrate or attempt to penetrate the Website's security measures; or

(g) email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.

(h) You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and conditions and that they comply with them.

We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe you have breached any of the above restrictions or any other provision of these terms and conditions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your Account Details are used by someone else.

You agree to notify our Customer Care team immediately, if you become aware of or suspect any unauthorised use of your Account Details.

You confirm that:

(a) any information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times; and

(b) you will at all times comply with these terms and conditions.

You agree that in using the Website you will not:

(a) use the Website for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else's use and enjoyment of the Website;

(b) use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;

(c) impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;

(d) transfer files that contain viruses, trojans or other harmful programs;

(e) authorize, encourage or assist any other person to, copy (including through use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process), modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology or content that forms part of the Website;

(f) penetrate or attempt to penetrate the Website's security measures; or

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and conditions and that they comply with them.

Intellectual property

웹사이트 및 그 콘텐츠 사용이 당사의 지적 재산권("IPR") 또는 제3자의 IPR에 대한 권리를 부여한 것이 아닙니다. 당사는 웹사이트와 그 콘텐츠에 대한 또는 그와 관련하여 존재하는 모든 IPR 사용 권한을 보유하거나 허가를 받았습니다. 제3자의 콘텐츠, 브랜드, 로고와 등록 및 미등록 상표에 대한 또는 그와 관련한 모든 권리와 IPR은 해당 제3자 또는 제3자의 사용 허가자가 보유합니다.

개인 사용에 한해 웹사이트에서 콘텐츠를 다운로드 및 인쇄할 수 있습니다. 웹사이트 콘텐츠는 당사의 서면 허가 없이는 어떠한 이유로도 복사 또는 재생산, 수정, 재배포, 사용 또는 처리할 수 없습니다. 귀하는 어떠한 경우에도 상업적인 사용을 위해 웹사이트 콘텐츠를 사용할 권한이 없습니다.

We provide the Website on an 'as-is' basis and do not guarantee that the Website will be available or fault free or that defects will be corrected and do not accept any liability for any errors or omissions. We may suspend or terminate the Website without notice at any time if we feel this is necessary (for example to perform upgrades or maintenance) and you agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any part thereof.

To the fullest extent permissible by law, Mulberry and its employees, officers, directors, agents, parent company, and affiliates (collectively, the "Mulberry Parties") make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Website; (b) the materials or items on or provided through the Website; (c) Contributions (defined below) or other user materials; or (d) the functions made accessible on or through the Website. In addition, the Mulberry Parties hereby disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, custom, trade or quiet enjoyment.

We provide the content on the Website in good faith but the Mulberry Parties make no representation or warranty that any content is accurate complete or up-to-date, nor that the Website does not infringe the rights of any third party. The Mulberry Parties accept no responsibility or liability for your reliance on the Website and any reliance is entirely at your own risk.

While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the Website, the Mulberry Parties make no representation or warranty that the Website or the servers that make it available are free from any harmful components, including, without limitation, viruses and we accept no liability for them.

By accessing or using the Website, you represent and warrant that your activities are lawful where you access or use the Website.

링크

Third-Party Links & Linking/Framing of the Website

당사의 웹사이트 일부에서 다른 웹사이트 링크를 제공할 수 있습니다. 귀하는 다음을 염두에 두어야 합니다.

(a) 당사는 제3의 웹사이트를 제어하지 않으며 그 콘텐츠에 대한 책임이 없습니다.

(b) 당사는 해당 웹사이트를 통해 진행될 수 있는 제3자와의 거래 또는 계약과 관계가 없습니다.

(d) 귀하는 귀하가 제3자 사이의 분쟁에 당사가 연관되지 않는다는 데 동의합니다.

귀하는 사전의 서면 허가 없이 당사 웹사이트에 연결하거나 Mulberry에서 발생하지 않은 자료를 사용하거나 프레임화하여 당사 웹사이트의 콘텐츠를 표시할 수 없습니다.

We may provide links to other websites as part of the Website or communications you receive from us. You acknowledge that:

(a) we do not control such third party websites and are not responsible for their contents;

(b) we will not be party to any transaction or contract with a third party that you may enter into via such websites;

(d) you agree that you will not involve us in any dispute between you and the third party.

You may not link to our Website or display the contents of our Website surrounded, framed or otherwise surrounded by material not origination from Mulberry without our prior written permission.

웹사이트에 자료 업로드

Each time you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply in all respects with the content standards set out below. We have the right, without notice, to remove any material or posting which you make on our Website if, in our opinion, such material does not comply with the content standards set out in these terms and conditions.

We will have the right to use, copy, distribute and disclose to third parties for any purpose any material which you upload to the Website (“Contributions”).

We will not be responsible, or liable to any third party, for the content or accuracy of any Contribution posted by you or any other user of the Website.

콘텐츠 표준

본 콘텐츠 표준은 귀하가 웹사이트에 기고한 모든 자료("기고")와 그와 관련된 대화형 서비스에 적용됩니다.

귀하는 다음의 표준 정신과 내용을 준수해야 합니다. 표준은 기고 일부와 전체에 적용됩니다.

기고는 다음을 지켜야 합니다.

(a) (사실을 진술하는 경우) 정확해야 합니다.

(b) (의견을 진술하는 경우) 진심을 담아 주장해야 합니다.

(d) 기고는 다음을 위반해서는 안됩니다.

(e) 타인의 명예를 훼손하는 자료를 포함해서는 안됩니다.

(f) 외설적이거나 모욕적이거나 혐오스럽거나 선동적인 자료를 포함해서는 안됩니다.

(g) 음란 자료를 홍보해서는 안됩니다.

(h) 폭력을 조장해서는 안됩니다.

(i) 인종, 성별, 종교, 국적, 장애, 성적 지향 또는 나이에 따른 차별을 조장해서는 안됩니다.

(j) 타인의 저작권, 데이터베이스권 또는 상표를 침해해서는 안됩니다.

(k) 타인을 기만해서는 안됩니다.

(l) 계약상의 의무 또는 비밀유지의무 등 제3자에게 주어진 법적 의무를 위반해서는 안됩니다.

(m) 어떠한 불법 행위도 조장해서는 안됩니다.

(n) 다른 사람의 개인정보를 위협, 남용 또는 침해하거나 불필요한 걱정 또는 불안을 유발해서는 안됩니다.

(o) 타인을 희롱하거나 당황하게 하거나 곤란하게 하거나 불안하게 만들거나 귀찮게 해서는 안됩니다.

(p) 다른 사람의 신분을 사칭하거나 자신의 신분 또는 타인과의 관계를 왜곡해서는 안됩니다.

(q) 또는 Mulberry와 연관이 있는 듯한 인상을 주어서는 안됩니다.

법적 책임

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE MULBERRY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITE OR ANY CONTENT OR MATERIAL THEREON; (B) USER CONTRIBUTIONS; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MULBERRY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (G) ANY DAMAGE TO ANY USER'S DEVICE OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MULBERRY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE MULBERRY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT THAT THE LAWS OF ANY SUCH JURISDICTION IS APPLICABLE TO YOU AND YOUR USE OF THE WEBSITE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE WEBSITE IS TO STOP USING THE WEBSITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF THE MULBERRY PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN U.S. DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MULBERRY’S ACTS OR OMISSIONS IN CONNECTION WITH THE WEBSITE, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE WEBSITE OR ANY OTHER PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE MULBERRY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE MULBERRY PARTIES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY OTHER STATE OR TERRITORY) WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

당사 웹사이트를 통해 진행된 거래

소비자로서 귀하는 본 웹사이트에서 개인 자격으로 자국에서 비상업적인 목적을 전제로 하여 제품과 서비스를 구매할 수 있습니다. 당사 웹사이트를 사용해 물건 또는 서비스의 공급에 대해 계약을 체결할 경우 당사의 판매 약관에 따릅니다.

사전구매

당사는 당사 웹사이트 또는 매장에서 일반적으로 판매되기 전에 상품을 주문할 수 있는 독점 기회에 등록할 수 있도록 귀하를 초대할 수 있습니다.

당사 등록은 제품 주문으로 간주되지 않습니다. 귀하에게 제품 주문의 의무는 없으며 일반적으로 이 단계에서 당사는 귀하의 결제 또는 배송 정보를 요청하지 않습니다.

등록 기간이 명시된 경우 이 기간 외에 당사에 접수한 등록은 승인되지 않습니다. 당사에서 사전주문 자동 확인 화면을 통해 등록을 확인하고 이와 함께 확인 메일을 발송할 수 있습니다. 이 단계에서는 제품이 주문된 것이 아닙니다.

성공적으로 등록된 경우에는, 제품 주문 방법에 대해 안내하는 연락을 드릴 겁니다 당사는 귀하에게 제품을 판매하거나 귀하에게 판매될 수 있게 만들거나 제품 주문을 수락할 의무는 없습니다. 제품 주문은 판매 약관에 따릅니다.

당사는 계약 시 제공한 연락처를 사용하게 됩니다. 당사는 등록한 모든 사전주문의 오류 또는 귀하가 수령하지 못한 당사의 응답에 대해 아무런 책임을 지지 않습니다.

본 웹사이트에 사전주문을 등록함으로써 귀하는 본 이용약관과 개인정보취급방침을 읽고 이에 동의하게 됩니다. 향후 참조할 수 있도록 본 이용약관의 사본을 보관해야 합니다.

Liability

We reserve the right (in our sole discretion) to terminate your access to and use of the Website and any of its features, without notice and liability, including, without limitation, if we believe that your conduct fails to conform to these terms and conditions or any Additional Terms. We also reserve the right to investigate suspected violations of these terms and conditions. Any violation of these terms and conditions may be referred to law enforcement authorities where applicable. Upon termination of your access to the Website, or upon demand from us, all rights granted to you under these terms and conditions will cease immediately, and you agree that you will immediately discontinue use of the Website.

DISPUTES/ARBITRATION/GOVERNING LAW: YOU AGREE THAT THESE TERMS AND CONDITIONS AND YOUR USE OF THE WEBSITE ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA. BOTH YOU AND THE MULBERRY PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.

THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE MULBERRY PARTIES SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN NEW YOK CITY, NEW YORK AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES PROCEDURES OF JAMS INC. (“JAMS”) OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A “DEMAND FOR ARBITRATION,” THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN CHICAGO, IL, NEW YORK CITY, NY, LOS ANGELES, CA, ATLANTA, GA, OR DALLAS, TX (WHICHEVER IS CLOSEST TO YOUR RESIDENCE). THE FEDERAL OR STATE LAW THAT APPLIES TO THESE TERMS AND CONDITIONS WILL ALSO APPLY DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN NEW YORK CITY, NEW YORK. MULBERRY AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR'S FEES IN ORDER TO CONDUCT THE ARBITRATION (WHICH DOES NOT INCLUDE ANY TRAVEL OR OTHER COSTS OF ENTRANT TO ATTEND THE ARBITRATION HEARING).

일반 조항

We may freely transfer our rights or obligations or sub-contract our obligations under these terms and conditions to another other legal entity without notice to you.

In the case of such a transfer only, your only rights under or in connection with these terms and conditions following the effective date of transfer will be against the new legal entity and not against us.

These terms and conditions are personal to you. You may not transfer your rights or obligations under these terms and conditions to anyone else.

If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions. If any part of these terms and conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

These terms and conditions are not intended to give rights to anyone except you and us. This does not affect our right to transfer these terms and conditions.

No waiver by Mulberry of any of these terms and conditions will be of any force or effect unless made in writing and signed by a duly authorized officer of Mulberry. Except as expressly set forth in the “Disputes/Arbitration/Governing Law” subsection above, if any provision of these terms and conditions is held to be unlawful, void, or for any reason unenforceable by a court or other adjudicative body of competent jurisdiction, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.