Florence Marine X Society Membership Program Terms and Conditions

Florence Marine X Europe Limited

 

Last updated: August 6th, 2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE FLORENCE MARINE X SOCIETY MEMBERSHIP PROGRAM OF FLORENCE MARINE X EUROPE LIMITED. YOUR PARTICIPATION IN THIS PROGRAM CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, THE FLORENCE MARINE EUROPE LIMITED WEBSITE TERMS OF USE, AND COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THE WEBSITE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT PARTICIPATE IN THIS PROGRAM. MANDATORY ARBITRATION AND CLASS ACTION WAIVER: PLEASE NOTE THAT THESE TERMS OF USE REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION). PLEASE REVIEW SECTION 9 BELOW REGARDING GOVERNING LAW, ARBITRATION AND NO CLASS ACTIONS FOR COMPLETE DETAILS.

 

  1. PROGRAM ELIGIBILITY AND MEMBERSHIP

The Florence Marine X Society Membership Program (“Florence Marine X Society,” “Florence Society,” “Society,” “Membership” or “”Program” ) is a paid membership and rewards program, offered at the sole discretion of Florence Marine X Europe Limited. ("Florence Marine X", "we", "our" or "us"). To be eligible for participation in the Membership, you must be at least thirteen (13) years of age or older. We will not collect personally identifiable information from any person that is actually known to us to be a child under the age of thirteen (13). Persons under the age of eighteen (18) or the applicable age of majority in their legal country of residence (collectively, "Minors") must obtain the consent of their parent or legal guardian prior to participation in the Membership. The Membership is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Florence Marine X and its subsidiaries, affiliates and divisions are not eligible to participate in the Membership. The Membership is void where prohibited or restricted by law.

By joining the Membership and becoming a Florence Marine X Society member, you agree (or in the case of a Minor participant, the parent or legal guardian of such Minor must agree on the Minor's behalf) that you have read, understood and agree to be bound by these Florence Marine X Society Terms of Use ("Terms") and by any changes or modifications that we may make hereto as well as all other terms of use and policies incorporated by reference. We reserve the right to revise these Terms at any time in our discretion without prior notice to you. You should review these Terms and the related FAQs frequently to understand the terms and conditions of the Program as they may change from time to time. When we make revisions or modifications to the Terms or related FAQs, they will be posted on the website at FlorenceMarineX.com and will be effective immediately upon posting and will supersede all prior versions of these Terms and/or related FAQs. These Terms do not alter in any way the terms or conditions of any other agreement that you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and website Terms of Use, which are incorporated herein by reference. Your continued participation in the Membership after the posting of any revisions to its Terms and/or related FAQs shall confirm your acceptance of and agreement to be bound by the modified Terms and/or related FAQs, therefore you should periodically review them to be aware of any changes. If you do not agree to these Terms, our website Privacy Policy and our website Terms of Use, you cannot participate in the Membership.

 

 

  1. Program Enrollment

 

2.1. Eligible individuals may enroll in the Membership by visiting FlorenceMarineX.co.uk. To enroll online, visit FlorenceMarineX.co.uk and follow the Membership prompts to enroll. You must purchase the Membership as part of an order with another Florence Marine X item. A fee of £20, processed via credit card or PayPal, is required to sign up for the Florence Marine X Society Membership.

 

2.2. To enroll in the Membership, you may be required to provide any or all of the following: your first and last name, valid email address, telephone number, postcode and valid credit card. You are solely responsible for maintaining the accuracy of your account information and for keeping it up-to-date as may be required. You may update your personal information through your online account or by contacting customer service at support@florencemarinex.co.uk.

 

2.3. Only one Membership account may be associated with a single email address. In the event of a dispute over the ownership of an account membership, the Society member will be deemed to be the authorised account holder of the email address submitted at the time of Membership enrolment. "Authorised account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organisation (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Membership multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.




  1. How the Membership Works/Membership Rewards.

 

3.2 Participation in the Membership allows you to earn rewards based on qualifying purchases. Once you earn rewards you may be eligible to redeem rewards for certain benefits, which benefits and rewards may change from time to time and may be offered on a limited basis. Visit our FAQs to learn more about how to earn rewards.

 

3.3. Purchases made at FlorenceMarineX.co.uk are eligible for earning rewards in the Membership program, excluding select products, gift card purchases, taxes, shipping and handling charges and any other fees associated with your purchase (a "Qualifying Purchase").

 

3.4 Rewards cannot be applied towards past purchases made prior to the Membership launch or prior to your enrolment in the Membership.

 

3.5 To earn rewards for a Qualifying Purchase made online, you must be logged into your Florence Marine X account at the time of purchase. Rewards cannot be earned retroactively for online orders that have already been completed prior to logging into your Florence Marine X account. You can check for your available awards online at any time through your Florence Marine X account. Please allow approximately 3-5 days after a Qualifying Purchase for your Florence Marine X account to update to reflect your rewards earned.

 

3.6. Membership rewards have no cash value, cannot be sold and are non-transferable. Membership accounts, rewards or benefits cannot be transferred to, shared or combined with any other person or Society member. Only the Society member that is paying for the Qualifying Purchase may accumulate rewards and benefits and only the Society member may redeem rewards that have accumulated in that member's account. The sale, barter, transfer or assignment of any reward or benefit offered through the Membership, other than by us, is expressly prohibited and will be cause for termination of your participation in the Membership, and any rewards or benefits offered by us under the Membership are subject to change at any time in our sole discretion, without prior notice.

 

3.7. If you return an item from a Qualifying Purchase for a refund to your original method of payment, you will be issued a new reward for your next purchase. In the case of a multi-item purchase, which results in a partial return, the reward will be considered used and will not be reissued. If the item is instead exchanged, the value of the reward may be reapplied to your exchanged item.

 

3.8. Rewards available through the Membership are for personal use only and may not be sold or resold. We reserve the right, without notice, to cancel or reduce the quantity of any reward available through the Membership at any time, in our sole discretion. We also reserve the right, without notice, to change Membership benefits and ways in which rewards may be earned or redeemed at any time, in our sole discretion. We reserve the right to place limitations on the number of Qualifying Purchases that are eligible for the Membership and/or the number or types of rewards that you may receive or earn during any given period of time or for the duration of the Program and/or any combination thereof.

 

3.9. We are not responsible for rewards that may be lost or redeemed as the result of any fraudulent activity.

 

3.10 We reserve the right to determine the rewards in any Florence Marine X Society member's account based upon our internal records related to such member's account. A member's rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of rewards available to any member shall be final and binding.

 

If you have concerns regarding your Florence Marine account activity, including, by way of example and not limitation, rewards earned for a Qualifying Purchase that have not been properly applied to your Florence Marine X Society membership account, please contact our customer service team by email at support@florencemarinex.co.uk.

 

 

  1. Communications

 

4.1 By enrolling in the Membership, you will not be automatically subscribed to receive marketing emails from Florence Marine X, but will receive transactional emails. You can subscribe to our newsletter at any point. 

 

4.2 You may opt-out of receiving marketing emails from Florence Marine X at any time by clicking the "unsubscribe" link in the email to manage your preferences or as otherwise provided in the Florence Marine X Privacy Policy. 

 

4.3 Promotional Text Message Consent: At your sign up for the newsletter and marketing communications, you also opt in the receipt of text messages from Florence Marine X, you consent to receive automated marketing by text message from Florence Marine X or any of its vendors, including through the use of an automatic telephone dialling system, at the telephone number you provided. Consent is not a condition to purchase. Message and data rates may apply.

 

4.4 User Opt Out: Notwithstanding anything to the contrary herein, if you do not wish to receive additional text messages as set forth in Section 4.3, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Florence Marine X or sent on behalf of Florence Marine X in order to opt out of the promotional text message program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an e-mail, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.

 

4.5 Duty to Notify and Indemnify: You represent and warrant that you are the subscriber and/or the regular user of the telephone number that you provided to us. If at any time you intend to stop using the telephone number that you provided to us, including canceling your service plan or selling or transferring the telephone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the text messages, as a result of claims brought by any individual(s) later assigned that telephone number. This duty and agreement shall survive any cancellation or termination of these Terms and/or the Program.

 

4.6 Prohibited Content: You acknowledge and agree to not send any prohibited content over the text message platform. Prohibited content includes: any fraudulent, libellous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

 

  1. Privacy

We value and respect your privacy. The personal information that we collect from you in connection with the Membership is subject to our Privacy Policy and will be used and disclosed by us for the purpose of administration of the Membership, providing you with any rewards or benefits that you redeem under the Membership, marketing in connection with the Membership, other marketing communications that you have opted in to receive and as otherwise permitted by our Privacy Policy.

 

  1. Membership Termination, Cancellation or Modification

 

6.1. The Membership and its benefits are offered at Florence Marine X’s sole discretion. We may terminate, cancel, modify or restrict these Terms and/or the Membership or any aspect of it at any time, in our sole discretion and without prior notice to you, even if any such actions by us may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem earned rewards that had already accumulated.

 

6.2. If you decide that you no longer want to participate in the Membership, as applicable, you may cancel your membership at any time by contacting our customer service team at support@florencemarinex.co.uk. Please note that if you are cancelling your membership, the one-time, lifetime fee for Florence Marine X Society is nonrefundable.

 

6.3. We reserve the right, in our sole discretion, to terminate any member from the Florence Marine X Society for any reason, including but not limited to, a member's failure to comply with these Terms, the Terms of Use of the Florence Marine X Website, any suspected abuse of the Membership, illegal activity, fraud or other conduct that we may deem to be inconsistent with these Terms and/or the Membership.

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6.4. If your membership in the Florence Marine X Society is cancelled by you or terminated by us, you will lose all accrued rewards or benefits in your Membership account at the time of such cancellation or termination.

 

  1. Disclaimer of Warranties; Limitation of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Membership. To the fullest extent permitted by applicable law, your participation in the Membership, and our obligations and liabilities in respect thereto, is expressly limited as follows:

 

7.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MEMBERSHIP AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER FLORENCE MARINE X NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE MEMBERSHIP OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE MEMBERSHIP, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

7.2.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FLORENCE MARINE X NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS, THE MEMBERSHIP AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE MEMBERSHIP; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE MEMBERSHIP AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE MEMBERSHIP; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE MEMBERSHIP; (E) ANY UNAUTHORISED ACCESS TO OR USE OF THE SERVERS THAT HOST THIS SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE FLORENCE MARINE X SITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE MEMBERSHIP AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.

 

7.3 YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FLORENCE MARINE X NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE MEMBERSHIP AND/OR YOUR PARTICIPATION IN THE MEMBERSHIP AND/OR YOUR REDEMPTION OR USE OF ANY MEMBERSHIP REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

 

7.4.YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS, YOUR PARTICIPATION IN THE MEMBERSHIP AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE MEMBERSHIP, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE MEMBERSHIP OR ARE DISSATISFIED WITH THE MEMBERSHIP, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE MEMBERSHIP AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.

 

  1. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FLORENCE MARINE X, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE MEMBERSHIP AND/OR YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE MEMBERSHIP AND/OR YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.




  1. Governing Law, Arbitration, No Class Actions

 

9.1. GOVERNING LAW: The Membership and these Terms shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any conflict of law provisions.

 

9.2. ARBITRATION: YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND FLORENCE MARINE X., AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES, VENDORS, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE MEMBERSHIP, FLORENCE MARINE X WEBSITES, THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITES CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE DELAWARE STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN WILMINGTON, DELAWARE OR IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

 

9.3. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE MEMBERSHIP, TO FLORENCE MARINE X WEBSITES, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE GIFT CARDS OR WEBSITES, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS OF USE.

 

  1. Customer Service

For information about the Florence Marine X Society or your membership, contact our customer service team via email at support@florencemarinex.co.uk. Please also visit our FAQs for answers to frequently asked questions about the Membership.

  1. Severability

In the event that a provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions, hereof, all of which shall remain in full force and effect.