– PLEASE READ CAREFULLY
1. Terms and Conditions
for The Commerce Guild Prepaid MasterCard®
This document constitutes
the agreement (“Agreement”) outlining the terms and conditions under
which the Commerce Guild Prepaid MasterCard® has been issued
to you. By accepting and using this card, you agree to be bound
by the terms and conditions contained in this Agreement. In this
Agreement, "Card" means The Commerce Guild card issued to
you by MetaBank. "You" and "your" means the
person or persons who have received the Card and are authorized to use
the Card as provided for in this Agreement. "We," "us,"
and "our" mean MetaBank, our successors, affiliates or assignees.
The Card will remain the property of MetaBank and must be surrendered
upon demand. The Card is nontransferable, and it may be canceled,
repossessed, or revoked at any time without prior notice subject to
applicable law. Please read this Agreement carefully and keep
it for future reference.
The Card is a prepaid
card. The Card allows you to access funds you place on the Card.
The Card does not constitute a checking, savings or other bank account
and is not connected in any way to any other account you may have. The
Card is not a credit card. You will not receive any interest on
your funds on the Card.
You may request an additional Card for another person. You may
also permit another person to have access to your Card or Card number.
However, if you do, you are liable for all transactions made with the
Card or Card number by those persons. You must notify us to revoke
permission for any person you previously authorized to use your Card.
You are responsible for all transactions and fees incurred by you or
any other person you have authorized. If you tell us to revoke
another person’s use of your Card, we may revoke your Card and issue
a new Card with a different number. You are wholly responsible
for the use of each Card according to the terms of this Agreement.
Number (“PIN”): We may, at our option, give you a Personal
Identification Number (“PIN”). If we give you a PIN, you may
use your Card, (i) to obtain Cash from any Automated Teller Machine
(“ATM”) or (ii) at any Point-of-Sale (POS) device which requires
entry of a PIN, that bears the MasterCard® brand.
All ATM transactions are treated as Cash withdrawal transactions.
You should not write or keep your PIN with your Card. If you believe
that anyone has gained unauthorized access to your PIN, you should advise
us immediately, following the procedures in the paragraph labeled “Your
Liability for Unauthorized Transfers.”
Loading Your Card:
You may add funds to your Card, called “value loading”, at any time.
The amount of each value load must be at least $10.00. (There
is no limit on the number of times you may value load your Card.)
However, the maximum value load you may place on your Card when aggregated
with any other Cards you have authorized
is restricted to $5000.00. You agree to present
the Card and meet identification requirements to complete load transactions
as may be required from time to time.
3. Using Your Card
You may use your Card
to purchase or lease goods or services wherever the Card is honored
as long as you do not exceed the value available on your Card. You are
responsible for all transactions initiated by use of your Card. If you
permit someone else to use your Card we will treat this as if you have
authorized such use and you will be responsible for any transactions
made subject to such use. If you do not have enough value loaded
on your Card you can instruct the merchant to charge a part of the purchase
to the Card and pay the remaining amount with cash or another card.
These are called “split transactions”. Some merchants do not
allow cardholders to conduct split transactions. Some merchants
will only allow you to do a split transaction if you pay the remaining
amount in cash.
If you use your Card
number without presenting your Card (such as for a mail order or telephone
purchase), the legal effect will be the same as if you used the Card
itself. For security reasons, we may limit the amount or number of transactions
you can make on your Card. Your Card cannot be redeemed for cash.
You may use your Card to access cash at an Automated Teller Machine
(ATM). You may not use your Card for any illegal transactions, use at
casinos, and any gambling activity.
You should keep track of the amount
of value loaded on Cards issued to you. You may call us at the Customer
Service number shown on your Card and listed below at any time to obtain
the current value on your Card. For 24 hour automated Customer
Service you can call toll-free 1-888-518-3488. To speak to a live
agent our hours of operation are 7am to 8pm. CST Monday – Friday and
10am – 6pm CST, Saturday and Sunday.
Each time you use your
Card, you authorize us to reduce the value available on your Card by
the amount of the transaction. You are not allowed to exceed the available
amount on your Card through an individual transaction or a series of
transactions. Nevertheless, if a transaction exceeds the balance
of the funds available on your Card (creating a “shortage”) you
shall remain fully liable to us for the amount of the transaction and
any applicable fees or charges. We reserve the right to bill you for
any shortage. You agree to pay us promptly for the shortage and
any applicable shortage fees. We also reserve the right to cancel
this Card should you create one or more shortages with your Card.
You do not have the
right to stop payment on any purchase transaction originated by use
of your Card. If you authorize a transaction and then fail to
make a purchase of that item as planned, the approval may result in
a hold for that amount of funds for up to 30 days.
4. Returns and Refunds
If you are entitled
to a refund for any reason for goods or services obtained with your
Card, you agree to accept credits to your Card for such refunds.
The amounts credited to your Card for refunds may not be available for
up to five (5) days from the date the refund transaction occurs.
5. International Transaction
If you obtain your
funds (or make a purchase) in a currency or country other than the currency
or country in which your Card was issued, the amount deducted from your
funds will be converted by MasterCard® into an amount in
the currency of your Card. MasterCard® will establish a
currency conversion rate for this convenience using a rate selected
by MasterCard® from the range of rates available in wholesale
currency markets for the applicable central processing date which may
vary from the rate MasterCard® itself receives, or the government-mandated
rate in effect for the applicable central processing date, in each instance,
plus or minus any adjustment determined by the Issuer. This percentage
amount is independent of any amount taken by the Issuer in accordance
with the following section of these Terms & Conditions.
If you obtain your
funds in a currency or country other than the currency or country in
which your Card was issued, the Issuer may increase the currency conversion
rate (described in the immediately preceding section) up to an additional
1% and will retain this amount as compensation for its services. This
charge is independent of the currency conversion rate established by
You should get a receipt
at the time you make a transaction or obtain cash using your Card.
You agree to retain your receipt to verify your transactions.
7. Periodic Statements
Statements in electronic
format will be made available free of charge at
www.thecommerceguild.com during each month in which a transaction occurs.
You may choose to have a paper statement mailed to you. However,
there is a fee for this service.
You may obtain information
about the amount of money you have remaining in your card account by
calling 1-888-518-3488. This information, along
with a 60-day history of account transactions, is also available on-line
at www.thecommerceguild.com. You also have the right to obtain a sixty
(60) day written history of account transactions by calling 1-888-518-3488.
or by writing us at The Commerce Guild, Inc. – 2885 E. Quail Ave.
– Suite 200 – Las Vegas NV 89120.
8. Fees and Charges
- Card Activation Fee –
a fee that may range from $0.00 to $9.95 will be assessed to your card
when you enroll for The Commerce Guild Prepaid MasterCard®.
- ATM Withdrawal Fee - a fee
that may range from $0.00 to $2.00 will be assessed to your card for
each ATM cash withdrawal.
- Load Fee – a flat fee
that may range from $0.00 to $2.50 or a % based fee ranging from 0 –
2% will be assessed to your card when funds are loaded to your card.
A minimum of $0.00 and a maximum fee of $50.00 will apply.
- Customer Service Fee –
Live customer service will/may be offered for free during the following
hours; M-F 7 am – 8 pm Sat & Sun. 10am – 6pm. A $1.50 per minute
may be assessed to your card when you speak with a live customer service
agent during all other hours.
- Interactive Voice Response
(IVR) Fee - $0.00 to $0.50 per call will be assessed to your card each
time you access the IVR number provided on the back of your card.
- Paper Statement Fee - $1.00
will be assessed to your card for each statement you receive.
- Additional or Replacement
Card Fee - $10.00 will be assessed to your card each time you order
an additional or replacement if your card is lost, stolen, or damaged.
- Express Mail Fee - $15.00
will be assessed to your card anytime your request a card by shipped
to you by express mail.
- Card Draft Fee - $10.00
will be assessed to your card if you want to have the balance of your
card refunded to you via a check.
- Cash Advance Fee - $10.00
will be assessed to your card when you receive cash back.
- Bill Pay Fee - $1.00 per
- Check Cancellation Fee -
$25.00 will be assessed to your card anytime you cancel a bill payment
check that has been processed.
- Calling Card Fee - $0.40
1st min & $0.10 per min thereafter.
- Inactivity Fee – an inactivity
fee may be access to your card ranging from $0.00 - $3.95 each and every
30 day period following any period of 45 days where there is no activity.
- Wire Fee - $10.00 will be
assessed to your card when funds are deposited via a wire transfer.
We may disclose information
to third parties about your Card or the transactions you make:
(1) Where it is necessary
for completing transactions;
(2) In order to verify
the existence and condition of your Card for a third party, such as
(3) In order to comply
with government agency, court order, or other legal reporting requirements;
(4) If you give us
your written permission, or;
(5) To our employees,
auditors, affiliates, service providers, or attorneys as needed.
10. Our Liability for Failure
to Complete Transactions
In no event will we
be liable for consequential damages (including lost profits), extraordinary
damages, special or punitive damages. We will not be liable, for
(1) If, through no
fault of ours, you do not have enough funds available on your Card to
complete the transaction;
(2) If a merchant refuses
to accept your Card;
(3) If an ATM where
you are making cash withdrawal does not have enough cash;
(4) If an electronic
terminal where you are making a transaction does not operate properly,
and you knew about the problem when you initiated the transaction;
(5) If access to your
Card has been blocked after you reported your Card lost or stolen;
(6) If there is a hold
or your funds are subject to legal process or other encumbrance restricting
(7) If we have reason
to believe the requested transaction is unauthorized;
(8) If circumstances
beyond our control (such as fire, flood or computer or communication
failure) prevent the completion of the transaction, despite reasonable
precautions that we have taken;
(9) Any other exception
stated in our Agreement with you.
11. Your Liability for Unauthorized
Tell us AT ONCE if
you believe your Card has been lost or stolen. Telephoning toll-free
at 1-888-518-3488 is the best way of keeping your possible losses down.
You may not be liable for unauthorized use of your Card provided that
you notify us within a reasonable time after learning of the loss or
theft of your Card. A transaction will be considered unauthorized
if it is initiated by someone other than you without your authority,
or you receive no benefit from the transaction, or if we do conclude,
in our sole discretion, that the facts and circumstances do reasonably
support a claim of unauthorized use. Reasonable time will be determined
in our sole discretion based on the circumstances but will not be less
than 60 days from the transaction date. If your Card has been
lost or stolen, we will close your Card to keep losses down. We
reserve the right to investigate any claim you may make with respect
to a lost or stolen Card, and you agree to cooperate with such investigation.
We may ask you for a written statement, affidavit or other information
in support of the claim. Also, if your transaction history shows
transactions that you did not make, tell us at once. If you do
not tell us within 60 days after the transaction history was made available
to you, you may not get back any money you lost after the 60 days if
we can prove that we could have stopped someone from making the unauthorized
transaction if you had told us in time. Our liability is limited
to reimbursing you for the face amount of any unauthorized transaction.
12. Other Terms
Your Card and your
obligations under this Agreement may not be assigned. We may transfer
our rights under this Agreement. Use of your Card is subject to all
applicable rules and customs of any clearinghouse or other association
involved in transactions. We do not waive our rights by delaying or
failing to exercise them at anytime. If any provision of this
Agreement shall be determined to be invalid or unenforceable under any
rule, law, or regulation of any governmental agency, local, state, or
federal, the validity or enforceability of any other provision of this
Agreement shall not be affected. This Agreement will be governed
by the law of the State of South Dakota except to the extent governed
by federal law.
13. Amendment and Cancellation
We may amend or change
the terms of this Agreement at any time. You will be notified of any
change in the manner provided by applicable law prior to the effective
date of the change. However, if the change is made for security purposes,
we can implement such change without prior notice.
We may cancel or suspend
your Card or this Agreement at any time. You may cancel this Agreement
by returning the Card to us. Your termination of this Agreement will
not affect any of our rights or your obligations arising under this
Agreement prior to termination.
14. Information About Your
Right to Dispute Errors
In case of errors or
questions about your Card transactions, call 1-888-518-3488 or write
to The Commerce Guild Inc. – 2885 East Quail Ave. – Suite 200 –
Las Vegas NV 89120, customer service if you think your statement or
receipt is wrong or if you need more information about a transaction
listed on the statement or receipt. You must contact us no later
than sixty (60) days after we have sent you the FIRST statement on which
the problem or error appeared.
(1) Provide your name
and Card number (if any);
(2) Describe the error
or the transaction you are unsure about, and explain why you believe
it is an error or why you need more information;
(3) Provide the dollar
amount of the suspected error.
If you provide this
information orally, we may require that you send your complaint or question
in writing within ten (10) business days. We will determine whether
an error occurred within ten (10) business days after we hear from you
and will correct any error promptly. If we need more time, however,
we may take up to forty-five (45) days to investigate your complaint
or question. If we ask you to put your complaint or question in
writing and you do not provide it within ten (10) business days, we
may not credit your Card.
For errors involving
new Cards, point-of-sale, or foreign-initiated transactions, we may
take up to ninety (90) days to investigate your complaint or question.
We will tell you the results within three (3) business days after completing
the investigation. If we decide that there was no error, we will send
you a written explanation. Copies of the documents used in the investigation
may be obtained by contacting: The Commerce Guild, Inc. – 2885 East
Quail Ave. – Suite 200 – Las Vegas NV 89120.
15. Privacy and Data Protection
(i) Information We
Collect (“Cardholder Information”):
about purchases made with the Card, such as date of purchase, amount
and place of purchase.
you provide to us when you apply for a Card, or for replacement Cards
or when you contact us with customer service issues, such as name, address,
(ii) Information Security:
Only those persons who need it to perform their job responsibilities
are authorized to have access to Cardholder Information. In addition,
we maintain physical, electronic and procedural security measures that
comply with federal regulations to safeguard Cardholder Information.
We may use Cardholder Information to provide customer services, to process
claims for lost or stolen Cards, to develop marketing programs, to help
protect against fraud and to conduct research and analysis. In
addition, it is often necessary for us to disclose Cardholder Information
for the same purposes to companies that work with us. For example,
we may provide certain Cardholder Information to companies that perform
business operations or services, including marketing services, on our
behalf. We may also provide certain Cardholder Information to
others as permitted by law, such as government entities or other third
parties in response to subpoenas.
From time to time we
may monitor and/or record telephone calls between you and us to assure
the quality of our customer service or as required by applicable law.
No Warranty Regarding Goods and Services
We are not responsible
for the quality, safety, legality, or any other aspect of any goods
or services you purchase with your Card.
18. Regarding Payroll Cards
Only (IF APPLICABLE)
The following Paragraphs
apply only if you are holding a payroll card. A payroll card is
defined as accounts directly or indirectly established by an employer
on behalf of a consumer to which EFTs of the consumer’s wages or other
compensation are made on a recurring basis, whether the account is operated
or managed by the employer, a third party payroll processor, or a depository
institution. Payroll card accounts are assigned to an identifiable consumer
and represent a recurring stream of payments that is likely the primary
source of the consumer’s income, replenished on a recurring basis
and designed for ongoing use at multiple locations and for multiple
purposes. You may obtain information about the amount of money
you have remaining in your payroll card account by calling 1-888-518-3488.
This information, along with a 60-day history of account transactions,
is also available online at www.thecommerceguild.com. You also have the right to obtain a 60-day
written history of account transactions by calling 1-888-518-3488, or
by writing us at The Commerce Guild Inc. – 2885 East Quail Ave. –
Suite 200 – Las Vegas NV 89120. In case of errors or questions about
your payroll card account, telephone or write us at the
number or address above as soon as possible, if you think an error has
occurred in your payroll card account. We must hear from you no later
than 60 days after the earlier of the date you electronically access
your account or the date we sent the FIRST written history on which
the error appeared. You may request a written history of your transactions
at any time by contacting customer service. You will need to tell us
the following: 1.) Your name, 2.) Your payroll card account number, 3.)
Why you believe there is an error 4.) The dollar amount involved and
5.) Approximately when the error took place. If you tell us orally,
we may require that you send us your complaint or question in writing
within 10 days. We will determine whether an error occurred within 10
business days after we hear from you and will correct any error promptly.
If we need more time, however, we may take up to 45 days to investigate
your complaint or question. If we decide to do this, we will provisionally
credit your account within 10 business days for the amount you think
is in error, so that you will have the money during the time it takes
us to complete our investigation. Funds will remain contingent on whether
we determine if an error occurred. If we ask you to put your complaint
or question in writing and we do not receive it within 10 business days,
we may not credit your account. For errors involving new accounts, point-of-sale,
or foreign-initiated transactions, we may take up to 90 days to investigate
your complaint or question. For new accounts, we may take up to 20 business
days to credit your account for the amount you think is in error. We
will tell you the results within three business days after completing
our investigation. If we decide that there was no error, we will send
you a written explanation. You may ask for copies of the documents we
used in our investigation. If you have any further questions regarding
error resolution procedures, please contact us by calling 1-888-518-3488.
This Arbitration Provision sets forth the circumstances and procedures
under which claims (as defined below) may be arbitrated instead of litigated
As used in this Arbitration Provision, the term “Claim” means any
claim, dispute or controversy between you and us arising from or relating
to the Card or this Agreement as well as any related or prior agreement
that you may have had with us or the relationships resulting from this
Agreement, including the validity, enforceability or scope of this Arbitration
Provision or the Agreements. “Claim” includes claims of every
kind and nature, including but not limited to initial claims, counterclaims,
cross-claims and third-party claims and claims based upon contract,
tort, fraud and other intentional torts, statutes, regulations, common
law and equity. The term “Claim” is to be given the broadest
possible meaning that will be enforced and includes, by way of example
and without limitation, any claim, dispute or controversy that arises
from or relates to (i) your Card, or the Cards of any Additional Cardholders
designated by you; (ii) the amount of Available Funds on the Cards;
(iii) advertisements, promotions or oral or written statements related
to the Cards, goods or services purchased with the Cards; (iv) the benefits
and services related to the Cards; and (v) your enrollment for any Card.
We shall not elect to use arbitration under the Arbitration Provision
for any Claim that you properly file and pursue in a small claims court
of your state or municipality so long as the Claim is individual and
pending only in the court.
As used in the Arbitration
Provision, the terms “we” and “us” shall for all purposes mean
the Bank, wholly or majority owned subsidiaries, affiliates, licensees,
predecessors, successors, and assigns; and all of their agents, employees,
directors and representatives. In addition, “we” or “us”
shall include any third party using or providing any product, service
or benefit in connection with any Cards (including, but not limited
to merchants who accept the Card, third parties who use or provide services,
debt collectors and all of their agents, employees, directors and representatives)
if, and only if, such third party is named as a co-party with us (or
files a Claim with or against us) in connection with a Claim asserted
by you. As solely used in this Arbitration Provision, the terms
“you” or ”yours” shall mean all persons or entities approved
by us to have and/or use a Card, including but not limited to all persons
or entities contractually obligated under any of the Agreements and
all Additional Cardholders.
(c) Initiation of Arbitration
Proceeding/Selection of Administrator: Any Claim shall be
resolved, upon the election by you or us, by arbitration pursuant to
this Arbitration Provision and the code of procedures of the national
arbitration organization to which the Claim is referred in effect at
the time the Claim is filed. Claims shall be referred to either
the National Arbitration Forum (“NAF”), Judicial Arbitration and
Mediation Services (“JAMS”), or the American Arbitration Association
(“AAA”), as selected by the party electing to use arbitration.
If a selection by us of one of these organizations is unacceptable to
you, you shall have the right within 30 days after you receive notice
of our election to select either of the other organizations listed to
serve as arbitrator administrator. For a copy of the procedures,
to file a Claim or for other information about these organizations,
contact them as follows: (i) the NAF at P.O. Box 50191, Minneapolis,
MN 55404; website at www.arbitration-forum.com; (ii) JAMS at 1920 Main Street, Suite 300,
Los Angeles, CA 92614; website at www.jamsadr.com; (iii) AAA at 335 Madison Avenue, New York,
NY 10017; website at www.adr.org .
(d) Significance of
Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT
TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT
CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY
EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF, JAMS, OR
AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE
THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER
OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL
AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU
WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
on Arbitration: If either party elects to resolve a Claim by arbitration,
that Claim shall be arbitrated on an individual basis. There shall
be no right or authority for any Claims to be arbitrated on a class
action basis or on bases involving Claims brought in a purported representative
capacity on behalf of the general public, other Cardholders or other
persons similarly situated. The arbitrator’s authority to resolve
Claims is limited to Claims between you and us alone, and the arbitrator’s
authority to make awards is limited to you and us alone. Furthermore,
Claims brought by you against us or by us against you may not be joined
or consolidated in arbitration with Claims brought by or against someone
other than you, unless otherwise agreed to in writing by all parties.
of Arbitration/Payment of Fees: Any arbitration hearing that you
attend shall take place in the federal judicial district of your residence.
At your written request, we will consider in good faith making a temporary
advance of all or part of the filing administrative and/or hearing fees
for any Claim you initiate as to which you or we seek arbitration.
At the conclusion of the arbitration (or any appeal thereof), the arbitrator
(or panel) will decide who will ultimately be responsible for paying
the filing, administrative and/or hearing fees in connection with the
arbitration (or appeal). If and to the extent you incur filing,
administrative and/or hearing fees in arbitration, including for any
appeal, exceeding the amount they would have been if the Claim had been
brought in the state or federal court which is closest to your billing
address and would have had jurisdiction over the Claim, we will reimburse
you to that extent unless the arbitrator (or panel) determines that
the fees were incurred without any substantial justification.
Procedures: This Arbitration Provision is made pursuant to a transaction
involving interstate commerce, and shall be governed by the Federal
Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”).
The arbitration shall be governed by the applicable Code, except that
(to the extent enforceable under the FAA) this arbitration Provision
shall control if it is inconsistent with the applicable Code.
The arbitrator shall apply applicable substantive law consistent with
the FAA and applicable statutes of limitations and shall honor claims
of privilege recognized at law and, at the timely request of either
party, shall provide a brief written explanation of the basis for the
decision. In conducting the arbitration proceeding, the arbitrator
shall not apply the Federal or any state rules of civil procedure or
rules of evidence. Either party may submit a request to the arbitrator
to expand the scope of discovery allowable under the applicable Code.
The party submitting such a request must provide a copy to the other
party, who may submit objections to the arbitrator with a copy of the
objections provided to the request party, within fifteen (15) days of
receiving the requesting party’s notice. The granting or denial
of such request will be in the sole discretion of the arbitrator who
shall notify the parties of his/her decision within twenty (20) days
of the objecting party’s submission. The arbitrator shall take
reasonable steps to preserve the privacy of individuals, and of business
matters. Judgment upon the award rendered by the arbitrator may
be entered in any court having jurisdiction. The arbitrator’s
decision will be final and binding, except for any right of appeal provided
by the FAA. However, any party can appeal that award to a three-arbitrator
panel administered by the same arbitration organization, which shall
consider anew any aspect of the initial award objected to by the appealing
party. The appealing party shall have thirty (30) days from the
date of entry of the written arbitration award to notify the arbitration
organization that it is exercising the right of appeal. The appeal
shall be filed with the arbitration organization in the form of a dated
writing. The arbitration organization will then notify the other
party that the award has been appealed. The arbitration organization
will appoint a three-arbitrator panel which will conduct arbitration
pursuant to its Code and issue its decision within one hundred twenty
(120) days of the date of the appellant’s written notice. The
decision of the panel shall be by majority vote and shall be final and
This Arbitration Provision shall survive termination of your Card as
well as voluntary payment of the debt in full by you, any legal proceeding
by us to collect a debt owed by you, and any bankruptcy by you or us.
If any portion of this Arbitration Provision is deemed invalid or unenforceable
under any principle or provision of law or equity, consistent with the
FAA, it shall not invalidate the remaining portions of this Arbitration
Provision, the Agreement or any prior agreement you may have had with
us, each of which shall be enforceable regardless of such invalidity.