All information is for reference only and is subject to change without notice.
Phone Donkey does not use paper for "statements" or "Terms and Conditions of Service". Our terms are permanently posted on our website; however we may on occasion opt to email or post mail the terms and conditions to our customer base. We reserve the right to modify this Agreement at any time. Such modifications shall be effective upon posting on our website. By subscribing to the "Service", including any such future modifications, Subscriber agrees to be bound by this and any subsequent revised Agreement posted on our website at http://TextInmate.com/terms_of_use/
After the period of seven (7) days of the initial setup or phone line assignment, all fees are non-refundable for any reason.
Upon subscription of Service, Phone Donkey will hereby assign to you an individual nonexclusive, non-transferable, revocable license to access and use the Phone Donkey service(s), for non-commercial use. Subscriber shall have no right to sell, resell, duplicate, copy, distribute, or exploit for commercial purposes any portion, access, or use of the Phone Donkey service(s); nor make any claim of such right. Unless stated otherwise, any new features provided by us that can enhance the current Phone Donkey service(s) shall also be subject to these terms and conditions. Phone Donkey is not liable for any communications, information, content, and/or materials that Subscriber submits to the service and assumes all such responsibility and liability. Phone Donkey shall have no responsibility for the transmission or deletion of Subscriber Content. Phone Donkey has the right to restrict termination to any telephone numbers at its sole discretion.
Subscriber is required to prepay all uses of this service. Subscriber also agrees not to use service for any unlawful or abusive purpose or in such a way that it creates damage to services' reputation, employees, facilities, third parties, or to the public in general. It is the Subscriber's responsibility to know the rules of the inmate's facility where he/she is incarcerated.
Subscriber agrees to abide by any telecommunication rules associated with a Federal, State, or Local prison facility and understands that a violation of these rules may result in the loss or suspension of this service. Phone Donkey is not liable if an inmate's location changes its telephone policy, resulting in interference with the Phone Donkey service(s).
Once the Subscriber account is established, Subscriber will be issued a phone number local to the facility where the inmate is incarcerated. Subscriber understands that Phone Donkey does not have billing arrangements with any prison phone providers, and our service cannot accept collect phone calls.
Subscriber agrees he or she FULLY understands how to set up the Phone Donkey service(s) and also that it is the Subscriber's responsibility to understand the next steps to be taken. You also understand that Phone Donkey is NOT responsible for the third party providers to our company. If set up takes Subscriber longer than expected, Subscriber is still required to pay our service
Phone Donkey provides our service(s) to Subscriber until said service(s) is cancelled. Your service term refers to the period of time for which Phone Donkey will bill you in advance (for example: one month or one year). The service term is the term Subscriber selected from the options available when Subscriber signed up for our service. The Subscriber's first service term begins on the subscription date; which is the date Subscriber first ordered service, the date we gave you the phone number, or the date we successfully processed your payment, whichever is later. Subscriber service will continue until canceled by Subscriber or Phone Donkey as provided for herein. Please note that the obligations of this agreement begin on your subscription date and are indefinite.
Subscriber's service term automatically renews for the same term unless service(s) is/are cancelled before the end of your then current service term. The renewal begins on the day after the last day of your service term.
2.1 Acceptable Use
Subscriber is solely liable for any transmissions sent through the Phone Donkey service(s). Phone Donkey has no control over the content of any transmission nor will be liable for such content. Subscriber shall not use the service(s) to create or distribute any images, sounds, messages, or other materials which are obscene, harassing, racist, malicious, fraudulent, infringing or libelous, nor use the service(s) for any activity that may be considered or are unethical, immoral, abusive of any third party's rights, or illegal. Furthermore, you will abide by all rules, regulations, procedures, and policies of Phone Donkey and any policies of the networks connected to the service(s). Subscriber agrees to abide by all applicable local, state, national, foreign, and international laws and regulations and is solely responsible for all acts or omissions that occur under the Subscriber account or password, including the content of Subscriber transmissions through the service(s).
2.2 Registration, Passwords, and Privacy
In registering for the Phone Donkey service(s), Subscriber agrees to provide and maintain accurate and complete contact and identification information. In registering, Subscriber will designate a phone number or phone numbers, email address, and password and is responsible for maintaining the confidentiality of these items. If Subscriber provides information that is, or that Phone Donkey suspects to be false, inaccurate, incomplete, or not current, Phone Donkey has the right to suspend or terminate service(s) and refuse any and all current or future use of all service(s). In addition, Phone Donkey reserves the right to immediately disconnect Subscriber service at any time without notice. Subscriber agrees to enter registered private telephone numbers that are controlled by or under the common control of the Subscriber. Phone Donkey respects your privacy. Subscriber must immediately notify Phone Donkey if suspect of any breach of security such as loss, or unauthorized disclosure or use of Subscriber password and account.
The term of this agreement is a month to month contract. The monthly fee charge is based on the plan Subscriber picked when setting up the account; even if the Subscriber does not receive calls, the monthly fee will be still charged. Subscriber can cancel at any time. The term of the service shall continue for as long as the Subscriber continues to maintain an active account and for as many months thereafter as Subscriber chooses to continue service. Subscribers on extended service plans will automatically be downgraded to a monthly plan upon the expiration of their subscribed term until such time the Subscriber prepays for an additional extended service plan. The agreement is only with the Subscriber. The account is non-transferable. The Subscriber is responsible for paying all charges posted to their account, including monthly plan charges, deposits, set up fees, overage minutes, and any other charges associated with the account.
3.1 Providing Information to Authorities and Third Parties
If Phone Donkey believes the service has been used for an unlawful purpose, Phone Donkey may forward the relevant communication and other information including Subscriber identity, contact, and credit card information to the appropriate authorities for investigation and/or prosecution. Subscriber consents to the forwarding of any such communications and information to any and all authorities as permitted by law.
The Phone Donkey service(s) does not support 0+ or operator assisted calling including, without limitation, collect calls, third party billing calls, 976, 900, 911/E911, 1010xxx, 411, 311, 511, and other N11 services, or calling card calls. Subscriber should always have an alternative means for accessing 911 or similar emergency services. Phone Donkey is not intended as a replacement of Subscribers primary phone service, such as traditional landline or mobile phone.
3.2 Payment for Services
Phone Donkey will charge Subscriber the rates in effect under the Subscriber plan as published on the Phone Donkey website (https://TextInmate.com/), plus any enhanced service charges or taxes at the time of subscription. Such rates may be updated by Phone Donkey from time to time and will be effective when published on the Text Inmate website. Some charges (including, but not limited to, surcharges and overage minutes) may accumulate in Subscribers account before being charged for such amounts. Subscriber billing cycle starts on the day a phone number is assigned to the Subscriber account. Subscriber agrees that all payments will be made to Phone Donkey via a valid credit or debit card, including MasterCard, VISA, American Express, or Discover or if permitted an ACH withdrawal from the Subscriber's legally owned checking account. Phone Donkey may change the accepted payment method at any time, at the sole discretion of Phone Donkey. Subscriber name and address as it appears on the Subscribers account must also be on the credit account from which payment is made. If Subscriber provides a credit card number that is accepted for payment of Subscribers monthly bill, Subscriber authorizes Phone Donkey to charge the amounts owed, then or later, to that credit card account and to demand immediate payment from the payment card issuer. Every time Subscriber uses the Phone Donkey service(s), Subscriber re-affirms that Phone Donkey is are authorized to charge the Subscriber's payment card. Subscriber agrees to authorize Phone Donkey to charge purchases made online to the credit card account supplied to Phone Donkey when the subscription was initiated, or the card on file when the purchase is made. Subscriber agrees to pay all costs and expenses, including without limitation, attorney's fees and costs incurred by Phone Donkey to collect any monies due under terms of this Agreement.
Subscribers first month's service is prepaid when the account is established. If for some reason the Subscriber's phone number is not available when the service is initially purchased, Phone Donkey will NOT start the first month's service until the phone number has been issued to the Subscriber's account. Generally a phone number is issued immediately upon purchase but in some cases can take two (2) to ten (10) days or longer. Subscriber cannot order a number from Phone Donkey without purchasing service(s).
Fees and charges are published on the Phone Donkey website and are subject to change without notice. Phone Donkey may introduce new products and/or services at special introductory pricing. Phone Donkey reserves the right to bill Subscriber more frequently if the account is behind or in default.
3.3 Fees upon Disconnection
Disconnection by Subscriber.
If Subscriber attempts to disconnect service(s) before the end of the current service term, Subscriber is responsible for all charges in the current term, including unbilled charges, plus any disconnection fee. In addition, if Subscriber disconnects service(s) that are based upon a predetermined commitment before the end of said commitment, Subscriber agrees to pay Phone Donkey the applicable recovery fees.
Disconnection by Phone Donkey Without Reason.
If Phone Donkey discontinues Subscriber service(s) without a stated reason, Subscriber will only be responsible for the charges that have accrued through the date of the disconnection including a pro-rated portion of the final service(s) term charges and any recovery fees.
Disconnection by Phone Donkey With a Reason.
If Phone Donkey disconnects Subscriber service for any valid reason, Subscriber will be responsible for all charges through the end of the current service(s) term, including unbilled charges plus any disconnection charges and any recovery charges.
All charges owed at the time of disconnection will be immediately payable. Phone Donkey will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to the credit bureaus.
3.4 Rebate and other Recovery Fees.
Any product or service you purchase from Phone Donkey that includes a rebate or benefit that is conditioned on maintaining any Phone Donkey for a particular length of time, and if you disconnect the service before the service period ends, you agree to pay us the applicable recovery fee. A recovery fee is equal to the difference between the price you paid to us and the advertised regular price of the product or service at the time you received it. Any recovery fees are cumulative and are in addition to any other amounts you may owe us, including any disconnection fees.
3.5 Billing and Payment
Billing - When subscribing to the Phone Donkey service(s), Subscriber must provide Phone Donkey with a valid email address and an accepted payment method. Phone Donkey reserves the right to stop accepting the Subscriber's payment method or the Subscriber's payments. Subscriber must advise Phone Donkey immediately if the payment method expires, the account is closed, the billing address changes, the email address changes, or the payment method is cancelled and replaced due to loss or theft. Except for usage-based charges, Phone Donkey will bill in advance to the Subscriber payment method all charges, fees, taxes, and surcharges for each service(s) term. Phone Donkey will automatically charge the Subscribers credit card on file monthly or yearly from the day Phone Donkey collected full payment for service(s) and issued the phone number.
Payment - When subscribing to the Phone Donkey service(s), Subscriber authorizes Phone Donkey to collect from the Subscribers payment method. This authorization will remain valid until 30 days after Subscriber terminates the Phone Donkey authority to charge the Subscribers payment method. Phone Donkey will charge Subscriber a disconnection fee and any other outstanding charges upon disconnecting the service.
If Phone Donkey disconnects the Subscriber service(s), Subscriber is responsible for all charges under this agreement and any costs incurred by Phone Donkey to collect said charges, including, but not limited to, collection agency fees, reasonable attorney's fees, and arbitration or court costs.
Subscriber understands it is difficult for Phone Donkey to distinguish between credit and debit cards. Subscriber agrees to waive all rights under Regulation "E" ELECTRONIC FUND TRANSFERS of the Federal Deposit Insurance Corporation laws and regulations, to receive 10 days advanced notice from Phone Donkey regarding the amount to be debited from the Subscribers payment method. While Phone Donkey may provide billing messages from time to time, Phone Donkey is not obligated to do so. Phone Donkey may change or cease said messages at any time without notice to the Subscriber.
3.8 Billing Disputes
If you want to dispute any Phone Donkey charges on your statement, you must notify us within seven (7) days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within seven (7) days, you waive any right to contest the charges. To dispute a charge on your statement, you must contact us in writing to 10040 W Cheyenne Ave Suite 170-146 Las Vegas, NV 89129 or by e-mail at support@TextInmate.com.
3.9 Cancellations and Refunds
Refunds are granted at the full discretion of Phone Donkey, and Phone Donkey has the right to deny any and all refunds. ALL SETUP FEES, SECONDARY LINE CHARGES, SERVICE CHARGES, TRANSFER CHARGES, PRE-PAID MINUTES AND ADD-ON MINUTES ARE NONREFUNDABLE.
Monthly accounts that are cancelled within seven (7) days of the initial setup or phone line assignment may be refunded IF THE USER SUBMITS A REFUND REQUEST, FEES ARE NOT REFUNDED AUTOMATICALLY
. No refunds will be provided on subsequent months of service. Active accounts should be cancelled PRIOR to the next monthly billing date so Subscriber will not be charged the next monthly service(s).
To cancel: Login and select the "Account" drop down from the top navigation, then select "Cancel Account" and follow the on-screen instructions.
3.10 Termination of Service
No one other than the account holder can authorize cancellation of the account. Accounts must be cancelled by logging in and selecting the "Account" drop down from the top navigation then selecting "Cancel Account" and following the on-screen instructions.
If an appropriate form of termination is not used, Subscriber will remain responsible for all costs and fees associated with the account.
3.11 Promotional and Discount Funds
Promotional and Discount funds are non-refundable and must be used for their intended purpose only. Phone Donkey may offer discounts or promotions from time to time. These offers are non-refundable and non-transferable.
3.12 Default/Negative Balance on Account
Should any Subscriber of Phone Donkey service(s) have a negative balance on a pre-paid account for more than thirty (30) days; Phone Donkey will have the right to assume the account is in default, to close the account, and to proceed with a remedy for collection. Subscriber agrees to be responsible for any Phone Donkey and/or third party collection company fees, attorney fees and costs, or any and all fees associated with the Subscriber's default account. Reactivation of this account is only possible after the negative balance is paid in full and any reactivation or late charges that may become due are also paid in full.
If this Agreement is terminated because of Subscriber's default, Phone Donkey may keep any charges or sums prepaid by Subscriber upon termination. Phone Donkey may require reactivation charges to renew service(s) after termination or suspension thereof.
Any negative balance upon closing of the account shall have any outstanding balance charged to the credit card on file.
4. DISPUTE RESOLUTION AND BINDING ARBITRATION
It is important to thoroughly read and understand this entire section. This section provides for and mandates dispute resolution via a binding arbitration before a neutral arbitrator instead of a judge or jury for disputes or claims arising under this Agreement.
4.1 DISPUTE NOTIFICATION
All disputes or claims arising under this Agreement shall be presented in writing to the other party. If the parties are unable to resolve the dispute or claim within thirty (30) days of receipt of written notice thereof, the dispute or claim shall be arbitrated by a mutually agreed upon neutral third party. This agreement to arbitrate is intended to be given the broadest possible meaning under the law including, but not limited to, disputes and claims arising out of or relating to any aspect of the relationship between Subscriber and Phone Donkey, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this Agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. Reference to Phone Donkey and Subscriber include their respective subsidiaries, affiliates, agents, employees, predecessors in interest, and successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this Agreement or any prior agreements between Subscriber and Phone Donkey.
4.2 Waiver of Jury Trial
Subscriber and Phone Donkey agree to waive the right to a trial by jury, by entering into this Agreement.
We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it is necessary in order to protect our service, Phone Donkey, affiliates, directors, officers, agents, and employees from harm.
6. NO THIRD PARTY BENEFICIARIES
If you are not a part to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.
7. ENTIRE AGREEMENT
This Agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and Phone Donkey. This Agreement governs your use of our service and the use of our services by the members of your household and your guests and employees. This agreement supersedes any/all prior or contemporaneous agreements, statements, understandings, writings, commitments, or representations concerning its subject matter.
8. CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications, any required notices, agreements, changes to agreements, and other information regarding Phone Donkey's service(s). It is the Subscriber's responsibility to review the terms clearly posted on the company website to be aware of any changes made. Changes will become binding on the date they are posted on the company website. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms. If you continue to use our service, we will consider this your acceptance of any changes.
We do not sell your information with anyone in any way. We consider the privacy of our Subscribers to be our top concern and priority. We may, in some circumstances, provide your information to trusted parties for purposes such as: complying with court orders and other legal processes or procedures as dictated by Federal, State or Local government entities; enforcing our agreements and property rights and obtaining payment for our products and services, including the transfer of delinquent accounts to trusted parties for collection.
10. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY.
10.1 As is Services.
You agree that our services are provided "as is," except to the extent provided below.
10.2 No Warranties on Service.
We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information. Neither Phone Donkey nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of Phone Donkey's or its service providers' or vendors' negligence. Statements and descriptions concerning our service or device, if any, by Phone Donkey or Phone Donkey's agents or installers are informational and are not given as a warranty of any kind.
10.3 DISCLAIMER OF WARRANTIES.
WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, ANY WARRANTY. WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN SUBSCRIBERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
OTHER THAN EXPRESS WARRANTIES FOR THE DEVICE IN THE DOCUMENTATION THAT COMES WITH YOUR DEVICE, FOLLOWING THE TERM OF THE LIMITED WARRANTY, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM, FOLLOWING THE TERM OF THE LIMITED WARRANTY, ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET YOUR REQUIREMENTS. THIS SECTION DOES NOT LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY IN THE DOCUMENTATION PROVIDED WITH YOUR DEVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
10.4 No Credit Allowances for Interruption of Phone Donkey Service.
We will not give you credit for any interruption of Phone Donkey service, including international calling services.
10.5 Limitation of Liability.
We will not be liable for any delay or failure to provide service at any time or any interruption or degradation of voice quality that is caused by any of the following:
10.6 Disclaimer of Liability for Damages.
- Third party act or omission - any act or omission of an underlying carrier, service provider, vendor, prison, prison phone provider, or other third party;
- Equipment failure - any equipment, network, or facility failure;
- Equipment modification - any equipment, network, or facility upgrade or modification;
- Force majeure - any force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions;
- Equipment shortage - any equipment, network, or facility shortage;
- Equipment relocation - any equipment or facility relocation;
- Loss of power - any service, equipment, network, or facility failure caused by the loss of power to you;
- Outages - any outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party;
- Acts or omissions - any act or omission by you or any person using our service or the device provided to you; or
- Other causes - any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded.
In no event will Phone Donkey, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the E911, basic 911, or emergency routing services or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10.7 Limit on total liability.
Our total liability under this agreement will not exceed the service charges for the affected time period. Phone Donkey will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wireline charges, technician charges, or other similar charges.
Subscriber agrees to defend, indemnify and hold harmless Phone Donkey, our directors, officers, employees, agents, vendors and affiliates from and against any and all claims, losses, liabilities (including attorney fees), damages, costs and expenses, in any way arising from or related to Subscriber use of the service(s) including, without limitation, your violation of this Agreement, or your communication of any content on or through the service(s). Subscriber agrees that Phone Donkey shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of voice mails, communications, e-mail, data or information as a result of, or arising out of, administration of the service(s), whether or not you are given prior notice thereof. If Subscriber cancels the service, Subscribers' number(s) may be made available to other Subscribers.
12. PROPRIETARY RIGHTS
Phone Donkey shall retain all right, title, and interest to the service(s) including all copyrights, trademarks, patents, and all other intellectual property rights thereto, including without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the service(s). Subscriber may not, nor allow any third party to, access, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble, or reverse engineer the service(s) for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the service(s), and no right to use any trademark is granted under this Agreement. Subscriber may not grant any sublicense, lease, or other right in the service(s) to any third party. All rights not expressly granted under this Agreement are retained Phone Donkey.
13. COPYRIGHT & TRADEMARK
Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.
14. GOVERNING LAW
The law of the state of Nevada will govern this Agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law. Because this Agreement is a transaction in interstate commerce, the Federal Arbitration Act ("FAA"), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision in Section 5.
The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
16. LEGAL AGE
You promise that you are of legal age to enter into this Agreement and that you have read and understand fully its terms and conditions.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.