BOSTON LEGACY FC TWO-YEAR SEASON TICKET RENEWAL TERMS AND CONDITIONS

These Boston Legacy FC Two-Year Season Ticket Terms and Conditions (“Terms”) govern the purchase, renewal, and use of two-year season ticket packages (“Season Tickets”) for Boston Legacy Football Club LLC (“BLFC”). By renewing an Account, clicking “I Accept”, executing a renewal agreement, or submitting a payment, the designated primary account holder (“Account Holder”) agrees to be legally bound by these Terms, the BLFC Ticket Terms and Conditions, and all applicable rules of the National Women’s Soccer League, LLC (“NWSL”) as each may be updated from time to time. The Renewal Form and these Terms are the entire agreement between BLFC and the Account Holder relating to this license (together, this “Agreement”). Every Season Ticket issued under this Agreement and each individual BLFC match admission pass issued thereunder (each, a “Ticket”) constitutes a revocable license granting temporary admission to the applicable Boston Legacy FC home soccer match played during the NWSL regular season (each, an “Event” and collectively, the “Events”) and designated spectator areas at the applicable venue. This license grants no property, leasehold, tenancy, or permanent possessory rights in any seat, suite, or venue area to the Account Holder or any ticket user. BLFC explicitly retains the right to revoke this license, deny entry, or eject any Account Holder or guest who fails to abide by these Terms, any applicable Stadium (as defined below) rules and policies, NWSL rules, or the NWSL Fan Code of Conduct, in BLFC's sole and final discretion.

All Season Tickets will be subject to BLFC’s ticket department policies then in effect (as the same may be amended from time to time) including, without limitation, this Agreement. In the event of a conflict between the terms of this Agreement and any instructions or interpretations of the Agreement given by an employee or representative of BLFC, the terms of this Agreement shall prevail.

Term & Pricing Guarantee. This Agreement binds the Account Holder to a two-year BLFC season ticket commitment covering two (2) consecutive NWSL seasons, specifically the 2027 Season and the 2028 Season. The per-seat, per-match price for the 2028 Season shall be strictly locked at the exact rate established for the 2027 Season should the 2028 Season contain a different total number of Events than the 2027 Season. The total annual package price for the 2028 Season shall be adjusted proportionally based on the finalized NWSL schedule. For illustrative purposes, if the locked rate is $100 per match, a 2027 season of 15 home matches ($1,500 total) would adjust to $1,700 total per seat for a 2028 season of 17 home matches. Season Tickets grant admission to BLFC regular season home matches only. BLFC Postseason/playoff matches and non-NWSL events (“Other Events”) are expressly excluded, provided that Account Holders in good standing may receive priority access or a right of first refusal to purchase their designated seats at NWSL/BLFC designated rates.

White Stadium Transition and Seat Selection. Account Holder expressly acknowledges and agrees that Events during the 2027 Season will take place at Centreville Bank Stadium, located at 11 Tidewater St, Pawtucket, RI 02860, and that BLFC anticipates the Events during the 2028 Season will take place at White Stadium, located at 450 Walnut Ave, Boston, MA 02130 (each, a “Stadium”). Account Holders for the 2028 Season maintaining an account in good standing shall receive priority access to select their seat location within a comparable seating tier or category in White Stadium, or other, prior to general public sales or general allocation. During the designated 2028 Season seat selection window, Account Holders may elect to upgrade their seating tier or location, subject to venue availability and payment of any applicable price differential. Account Holder understands and agrees that the offer to purchase Season Tickets is at the sole discretion of BLFC, including the number of seat locations made available for purchase by Account Holders and the timing of said offers; some seats are retained for BLFC business holds, upgrades, and other internal service or business purposes of BLFC, and these will be given priority over Account Holders; the opportunity to select seat locations will be limited to the ticket inventory presented by BLFC at the time of selection; and in the event an Account Holder is unavailable at the time of the first attempt of contact by BLFC (whether by phone or email), BLFC reserves the right to continue contacting other Account Holders regarding seat selection and is under no obligation to reserve any specific ticket inventory for selection by the Account Holder.

Payment Terms. Account Holder agrees to pay all License Fees, charges, and applicable taxes in accordance with the payment plan set forth in the Renewal Form. Billing schedule options for the 2028 Season shall be determined and issued by BLFC prior to the commencement of the 2028 Season, at which time Account Holders may select their preferred payment schedule. Account Holder must maintain a valid credit card on file with BLFC and BLFC’s primary ticket provider, Jump Platforms, Inc. (“Jump”), at all times and hereby authorizes BLFC, Jump, and their authorized third-party payment processor to automatically charge all scheduled installment payments when due. ALL TICKET SALES, DEPOSITS, AND INSTALLMENT PAYMENTS ARE STRICTLY FINAL AND NON-REFUNDABLE, EXCEPT AS EXPRESSLY PROVIDED HEREIN. BLFC accepts no responsibility for payments that are lost, misdirected, or delayed by the Account Holder for any reason, nor is any responsibility assumed for incorrect or inaccurate capture of purchase form information, including (but not limited to), technical malfunction, human error, lost/delayed/garbled applications, Internet/e-mail transmission, omissions, interruptions, deletions, defects, or failures of any telephone, technical, network, online, or hardware or software or any combination hereof. Except where excluded by applicable law, BLFC disclaims all conditions, warranties, whether express, implied, statutory or otherwise related to these Terms.

Ticket Transfer. If an Account Holder cannot attend an Event for any reason, no refunds, credits, or exchanges will be provided; however, the Account Holder may transfer or sell the individual Ticket for that Event. Transferring or selling an individual Ticket grants entry access strictly for that specific Event and does not assign, transfer, or convey the underlying Season Tickets or Account Holder priority rights. Each Ticket transfer or sale executed through Jump or an approved secondary market platform may generate a new, unique barcode for that Event, invalidating any previously issued barcode for the same seat. Account Holders remain responsible for the conduct of any transferee or Ticket user. Misuse of transfer, resale, forwarding features, or purposeful misrepresentation of seat locations, may result in the revocation of individual Tickets or the termination of the entire Season Ticket license without refund. BLFC explicitly retains the right to restrict onward transfer or sale of any Ticket for any Event.

Ticket Brokers. If BLFC determines, in its sole discretion, that an Account Holder purchased or renewed Season Tickets with the intent to commercially resell, trade, or exploit such package rather than for personal use, BLFC may designate the Account Holder as a "Ticket Broker". Upon making such a determination, BLFC reserves the right to immediately terminate the Season Tickets, suspend Jump access, revoke all outstanding unused Tickets without refund, and cancel any associated account privileges, including priority seat selection for White Stadium. A "Ticket Broker" includes any person or entity acquiring Season Tickets primarily to resell, distribute, or commercially exploit them, as determined by BLFC based on transfer patterns, sales volume, use of multiple accounts, automated purchasing tools, or false account data. This policy does not prohibit bona fide, non-commercial transfers or resales of individual Tickets by non-Ticket Broker Account Holders in accordance with Section 4.

Early Termination & Liquidated Damages. Account Holder may not cancel or terminate this Agreement prior to the expiration of the two-year term except under the limited permitted exceptions set forth herein. In the event Account Holder purports to cancel, defaults on any payment obligation, or commits a material breach resulting in termination by BLFC prior to the conclusion of the 2028 Season, Account Holder shall pay to BLFC a mandatory liquidated damages fee equal to twenty percent (20%) of the total remaining contract balance for the unexpired portion of the term. The parties agree that this amount represents a reasonable pre-estimate of BLFC’s administrative and resale damages and does not constitute a penalty. The twenty percent (20%) liquidated damages fee and remaining contract obligations shall be waived solely upon (i) the verified death of the primary Account Holder listed on file, or (ii) active military deployment of the primary Account Holder, provided that formal written notice and official documentation (e.g., military orders or a certified death certificate) are submitted to legal@bostonlegacyfc.com within sixty (60) days of the triggering event.

Account Data. As a condition for the purchase of Season Tickets, Account Holder agrees to provide BLFC, Jump, and/or the applicable payment processor with “Account Data”, which must be true, accurate, complete, and current at all times. “Account Data” shall mean any information about each Account Holder including but not limited to name, birthdate, address, phone number, email, Account Number and current transaction information and information which is otherwise known as personally identifiable information, biographical or qualitative information, records of customer service inquiries, past transactions and invoices, the last four digits of the valid credit card on file for identification and verification purposes only, and any and all other information provided voluntarily by Account Holder or as required by BLFC or Jump to maintain an active account in good standing. BLFC is not responsible for any issues arising from untrue, inaccurate, incomplete, or outdated Account Data. BLFC may collect, use, and share Account Data in accordance with its Privacy Policy, currently available at https://bostonlegacyfc.com/pages/privacy-policy, including for purposes of administering and fulfilling Tickets and Events, communicating Event-related information (including reschedules or cancellations), complying with legal or security requirements, preventing fraud or misuse, and providing marketing communications. Additionally, an Account Holder may be requested to provide BLFC with reasonable proof that they are the Authorized Account Holder of the email address associated with their season ticket purchase. In the event of a dispute regarding the identity of an Account Holder, the Account Holder will be deemed to be the Authorized Account Holder in whose name the email account is registered. “Authorized Account Holder” shall mean the natural person assigned to an email address and/or telephone number by an Internet access provider, online service provider, telephone service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Any attempt by Account Holder to provide false, misleading or fraudulent information, or to misuse an Account Manager, may result in revocation of Season Tickets licenses without refund.

Stadium Security and Entrance Requirements. Account Holder acknowledges and agrees that admission to the Event may be refused or Account Holder may be ejected, in each case without refund, at the sole discretion of BLFC, NWSL, and Stadium, and each of their owners, members, partners, shareholders, affiliates, directors, officers, employees, agents, representatives, successors and assigns (“Management”), including if Account Holder’s conduct violates these Terms, any applicable code of conduct, or any applicable federal, state, or local law or governmental order, or is otherwise disorderly or abusive. Account Holder acknowledges and agrees that Management, or any federal, state, or local governmental jurisdiction, may at any time deploy any measure to keep fans, Event participants, and employees and staff safe at Stadium. These policies and procedures may utilize, employ, change, alter, or amend security screening, ingress and egress, including but not limited to health check points, temperature screenings, vaccine verification requirements, mask requirements and other safety and security policies, including the size, shape, and type of bags allowed inside and any items prohibited from any or all Events. For a current list of all prohibited items and for the then current bag and security policy please consult the Stadium Terms (as defined below), as applicable. In addition to security and health screenings, Management may develop, amend, adapt, or modify policies at any time, and with little notice to fans, to limit the spread of communicable disease, pathogen or virus, in Management’s sole discretion or as required by any applicable federal, state, or local law or governmental order. Account Holder consents to and waives any claim based on such searches or assessments and agrees that failure to consent may result in denial of entry or revocation of admission, without refund.

Stadium Terms. For any Events at Centreville Bank Stadium, Account Holder acknowledges and agrees that admission to Centreville Bank Stadium is conditioned upon its acceptance of the terms and conditions applicable to Centreville Bank Stadium, https://www.rhodeislandfc.com/ticket-terms-spectator-waiver/. For Events at White Stadium, Account Holder agrees to be bound by the White Stadium terms and conditions as established, published, or updated by the club or venue operator prior to or during the applicable season. All applicable terms (collectively, the “Stadium Terms”) are incorporated into and made a part of these Terms. In the event of any conflict between these Terms and any Stadium Terms, these Terms shall control.

Fan Code of Conduct. All Account Holders agree to comply with all directions from Management staff, including alcohol enforcement, security services, and guest service representatives. Abusive behavior is grounds for removal from Stadium. Any violations of these Terms may result in immediate removal of the Account Holder and/or their companions and other disciplinary measures, including suspension from future matches or longer bans on attending. BLFC supports an inclusive culture where all fans are and feel welcomed and will not tolerate any racist, homophobic, xenophobic, sexist, transphobic or other hateful, demeaning speech directed at any other individual or group of people.

League Rules. These Terms may be amended from time to time in order to comply with NWSL rules regarding NWSL Ticket purchases (collectively “League Rules”). Without limiting the foregoing, the League Rules include among other things, the NWSL’s Fan Code of Conduct and Pledge to Fans, available at https://images.nwslsoccer.com/image/private/t_q-good/prd/idi8d48vs7lkbwpy3v7h.pdf.

Account Holder Personality Release. Account Holder hereby grants to Management, and their respective sponsors, licensees, promoters, advertisers, and broadcasters, on behalf of Account Holder and Account Holder’s minor children, wards, guests, invitees, Ticket transferees, or any other individuals utilizing tickets issued under Account Holder’s account, the irrevocable, perpetual, and unrestricted right and permission to photograph, record, film, capture, use, publish, reproduce, edit, alter, create derivative works from, and otherwise exploit Account Holder’s (and such minors’) image, likeness, voice, actions, statements, name, and appearance to the extent captured during any Event and related activities, promotional activities, pre-match/in-match/post-match experiences and all other in-Stadium activities, and any broadcast or transmission thereof, in whole or in part, in any media now in use or hereafter created, for any purpose whatsoever, including commercial purposes, without further authorization or compensation. Account Holder hereby waives any and all claims or potential claims relating to such use, including rights of publicity or privacy, to the maximum extent permitted by applicable law.

Account Holder’s Limitation on the Transmission of Works. Account Holder will not create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) any description or account, in any form, whether text, data or visual, and including, without limitation, play-by-play data, any photographs, images, videos, livestreams, audio or other form of display or public performance or reproduction of any portion of the Event (the “Works”) for any commercial, non-personal, purpose. Notwithstanding the foregoing, Account Holder agrees that by using Season Tickets to enter Stadium, Account Holder shall be deemed to have signed this Agreement and granted Management an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works.

White Stadium Construction Contingency & Venue Substitution. Account Holder expressly acknowledges that venue selection and match scheduling for the 2028 Season are subject to construction, permitting, and operational timelines for White Stadium. If White Stadium is not fully completed, certified for occupancy, or available for any portion of the 2028 Season due to construction delays, municipal approvals, force majeure events, or operational considerations in BLFC’s sole discretion, BLFC reserves the right to host 2028 Season Events at one or more alternate venues within the region (“Alternate Venues”). Any such venue adjustment or relocation shall not constitute a default or breach of this Agreement by BLFC, nor shall it entitle Account Holder to cancel this Agreement, claim a refund, or withhold scheduled payments. The price lock guarantee set forth in Section 1 shall remain in full force and effect across any Alternate Venue. Priority seat selection rights for White Stadium set forth in Section 2 shall automatically carry over to the inaugural season in which BLFC officially commences match operations at White Stadium.

Acknowledgement of Risks; Release and Waiver of Liability. Account Holder, on behalf of Account Holder and Account Holder’s minor children, wards, guests, invitees, Ticket transferees, or any other individuals utilizing tickets issued under Account Holder’s account, acknowledges and agrees that it voluntarily assumes all risks, hazards and dangers arising from or relating in any way to the Event, whether occurring before, during or after the Event, including without limitation the risk of contracting Covid-19 or any other communicable disease or illness (including exposure to a bacteria, virus or other pathogen capable of causing a communicable disease or illness), the risk of physical injury or death, however caused, whether by players, by other people or by objects such as balls entering the spectator area, or otherwise, and the risks of lost, stolen or damaged property. Account Holder further acknowledges that, if provided access to pitch-side or field-level areas at the Stadium, such areas may present additional hazards, including uneven or slippery surfaces, walking on turf or concrete, stepping over cables, cords, or other infrastructure, and exposure to weather elements.

ACCOUNT HOLDER, ON BEHALF OF ITSELF AND EACH OF ITS GUESTS, HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, NEXT OF KIN, HEREBY KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH AND ALL OF BLFC, NWSL AND ITS MEMBER TEAMS, BOSTON UNITY STADCO LLC, TIDEWATER STADIUM, LLC, THE CITY OF BOSTON, THE CITY OF PAWTUCKET, THEIR OWNERS, MEMBERS, PARTNERS, SHAREHOLDERS, AFFILIATES, AND EACH OF THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF SUCH PERSONS OR ENTITIES (THE “RELEASED PARTIES”) FROM (OR WITH RESPECT TO) ANY AND ALL CLAIMS, SUITS, CAUSES OF ACTION, AND CLAIMS FOR DAMAGES, WHETHER PAST, PRESENT, OR FUTURE, AND WHETHER KNOWN OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING OUT OF OR IN CONNECTION WITH ACCOUNT HOLDER’S DEATH, PERSONAL INJURY, ILLNESS, DISABILITY, SUFFERING OF SHORT-TERM OR LONG-TERM HEALTH EFFECTS, OR LOSS OF OR DAMAGE TO PROPERTY, WHICH ACCOUNT HOLDER OR ANY OF ITS HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, NEXT OF KIN MAY HAVE OR HEREAFTER ACCRUE AGAINST ANY OF THE RELEASED PARTIES AS A RESULT OF OR THAT RELATE IN ANY WAY TO (I) ACCOUNT HOLDER’S EXPOSURE TO COVID-19; (II) ACCOUNT HOLDER’S TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE STADIUM OR COMPLIANCE WITH THE STADIUM PROTOCOLS OR ANY OTHER POLICIES OR PROTOCOLS APPLICABLE TO THE STADIUM; (III) ANY INTERACTION BETWEEN ACCOUNT HOLDER AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE STADIUM (INCLUDING, WITHOUT LIMITATION, ANY USHERS, TICKET TAKERS, EVENT SECURITY, HEALTH AND SAFETY PERSONNEL, OR CLEANING, CONCESSIONS, OR PARKING PERSONNEL); (IV) ACCOUNT HOLDER’S ACCESS TO PITCH SIDE AREAS, INCLUDING BUT NOT LIMITED TO INCIDENTS OF SOCCER BALLS OR PLAYERS LEAVING THE FIELD OF PLAY AND ENTERING THE CURTILAGE SURROUNDING THE FIELD OF PLAY INCLUDING DESIGNATED PITCH SIDE AREAS; OR (V) ANY OF THE RISKS IDENTIFIED IN THESE TERMS, IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION, OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE.

ACCOUNT HOLDER UNDERSTANDS THAT IF IT IS ENTERING INTO THESE TERMS ON BEHALF OF A MINOR, IT IS AGREEING TO LET THE MINOR ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY; THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING SUCH ACTIVITIES, THERE IS A CHANCE THE MINOR MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THE ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED; AND THAT IT IS GIVING UP THE MINOR’S RIGHT AND THEIR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO THE MINOR OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY.

Indemnification. Account Holder shall defend, indemnify and hold harmless the Released Parties from and against all claims (whether alleged, adjudicated or otherwise and including third party claims and claims between the parties), actions, damages, liabilities, losses and expenses, to the extent attributable to the negligence, fault, or misconduct of the Account Holder or Account Holder’s minor children, wards, guests, invitees, Ticket transferees, or any other individuals utilizing tickets issued under Account Holder’s account, while in or around the Stadium or its environs.

Mandatory Binding Arbitration; Small Claims; Waiver of Class Action; Dispute Notice. ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, THESE SEASON TICKETS SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. ACCOUNT HOLDER AND RELEASED PARTIES EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND EACH WAIVES ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF ACCOUNT HOLDER DOES NOT CONSENT TO THIS CLAUSE, ACCOUNT HOLDER MAY NOT RENEW OR PURCHASE SEASON TICKETS. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

SHOULD ANY CURRENT OR FUTURE CLAIMS ARISE BETWEEN ACCOUNT HOLDER AND RELEASED PARTIES, ACCOUNT HOLDER SHALL SEND A WRITTEN NOTICE DESCRIBING THE ISSUE (A “DISPUTE NOTICE”) TO: BOSTON LEGACY FOOTBALL CLUB LLC, 575 BOYLSTON ST., 3RD FLOOR, BOSTON, MA, 02116, ATTENTION: LEGAL DEPARTMENT. ACCOUNT HOLDER AND RELEASED PARTIES AGREE TO MAKE A GOOD-FAITH EFFORT TO RESOLVE THE CLAIM FOR AT LEAST THIRTY (30) DAYS (THE “NEGOTIATION PERIOD”) FOLLOWING RELEASED PARTIES’ RECEIPT OF THE DISPUTE NOTICE. IF ACCOUNT HOLDER AND RELEASED PARTIES CANNOT RESOLVE THE CLAIM WITHIN THE NEGOTIATION PERIOD, ACCOUNT HOLDER UNDERSTANDS THAT THE CLAIM SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION HELD BEFORE A NEUTRAL, SINGLE ARBITRATOR IN BOSTON, MA CONDUCTED BY THE JUDICIAL ARBITRATION MEDIATION SERVICES, INC. (“JAMS”) IN ACCORDANCE WITH THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES EFFECTIVE JUNE 1, 2021. THE JAMS MASS ARBITRATION PROCEDURES AND GUIDELINES, EFFECTIVE MAY 1, 2024, SHALL APPLY, HOWEVER, IF ACCOUNT HOLDER’S CLAIM IS ONE OF 25 OR MORE SIMILAR DEMANDS FOR ARBITRATION FILED AGAINST THE SAME PARTY OR RELATED PARTIES BY INDIVIDUAL CLAIMANTS REPRESENTED BY EITHER THE SAME LAW FIRM OR LAW FIRMS ACTING IN COORDINATION. JAMS RULES AND PROCEDURES CAN BE FOUND AT HTTPS://WWW.JAMSADR.COM/ADR-RULES-PROCEDURES/. ACCOUNT HOLDER AGREES THAT ANY AND ALL ISSUES RELATING OR PERTAINING TO ARBITRATION OR THIS ARBITRATION CLAUSE, INCLUDING BUT NOT LIMITED TO THE ENFORCEABILITY OR VALIDITY OF THIS ARBITRATION CLAUSE, SHALL BE DELEGATED TO THE ARBITRATOR SELECTED PURSUANT TO THIS PROVISION.

Governing Law. These Terms shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws.

Additional Matters. These Terms attempt to address most matters relating to the purchase and use of Tickets for Events. To the extent any issue relating to a Ticket purchase or use is not expressly addressed by these Terms, BLFC, and NWSL each reserves the right, in its sole and absolute discretion, to make all final decisions and determinations and to take any action it deems necessary to resolve such issue.

Severability. If any provision or part of the foregoing Terms is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these Terms remain valid and binding.