Terms of Service
YOU AGREE THAT BY USING THE STORE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Who We Are.
LedZapp acts as an online store allowing users to download digitized versions of audio recordings, artwork and information relating to such audio recordings, and other content (collectively, "Music Content").
All right, title and interest in and to the materials provided on this Store, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned or licensed either by LedZapp or by the respective third party Music Content providers.
Certain content, and services available via the Store may include materials from third parties, for example, Music Content, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on LedZapp.com. LedZapp may provide links to third-party websites as a convenience to you. You agree that LedZapp is not responsible for examining or evaluating the content or accuracy and LedZapp does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that LedZapp is not in any way responsible for any such use by you. You use the LedZapp service at your own risk.
LedZapp does not pre-screen users or Music Content providers, or the content or information provided by users and Music Content providers. LedZapp has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Store, to investigate any reported or apparent violation of this Agreement, and to take any action that LedZapp in its sole discretion deems appropriate, including, without limitation, termination hereunder.
Any rights not expressly granted herein are reserved by LedZapp.
2. Use Rules and Policies.
(i) Upon payment for Music Content, we grant you a non-exclusive, non-transferable right to use the Music Content only for your personal, non-commercial, entertainment use.
(ii) You shall be authorized to use LedZapp Products on five LedZapp-authorized devices at any time.
(iii) You shall not be entitled to burn video LedZapp Products or tone LedZapp Products.
(iv) We do not grant you any synchronization, public performance, promotional use, com-mercial sale, resale, reproduction or distribution rights for the Music Content.
(v) Music Content is available only to customers located in the United States.
We have these rules in place to help make LedZapp a safer place for everyone. If your listing does not follow the guidelines, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.
3. Prohibited Activities.
When accessing the Store or using our Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any of the following:
1. Any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3. Take any action that imposes or may impose, in LedZapp™s sole discretion, an unreasonable or disproportionately large load on LedZapp™s infrastructure.
4. Host images not part of a listing.
The following are equally prohibited:
1. To modify, adapt or hack LedZapp or modify another website so as to falsely imply that it is associated with LedZapp.
2. To appear to create liability for LedZapp or cause LedZapp to lose (in whole or in part) the services of LedZapp's ISPs or other suppliers.
4. To be false, inaccurate or misleading.
5. To bee fraudulent or involve the sale of illegal, counterfeit or stolen items.
6. To infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
7. To advertise or otherwise solicits funds.
4. All Sales Final; Explicit Content.
All sales of Music Content are final and risk of loss transfers upon sale. We do not accept re-turns of Music Content. We have no liability for Music Content you find to be offensive, in-decent or objectionable.
5. Limited Permission to Download.
LedZapp authorizes you to download, view, copy and print the Materials found on LedZapp.com on any single, stand-alone computer solely for your personal, informational, and internal business use under the following conditions:
(i) The copyright and trademark notice appearing below must appear in such Materials,
(ii) The Materials are not used on any other Web site nor in a networked computer environment, and
(iii) The Materials are not modified in any way.
(i) Supply the information requested in the registration process,
(ii) Ensure that all the information you supply is accurate, and
(iii) Update your personal information.
You are entirely responsible for keeping your password confidential. You may not use a third party's account, user name or password at any time. You agree to immediately contact LedZapp.com in writing regarding any unauthorized use of your account, user name or password. LedZapp.com shall not be liable for any losses you may suffer as a result of someone else's use of your account or password, either with or without your knowledge.
Additionally, you grant LedZapp a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enhancing your experience of our services and providing you with innovative services and features. You may cancel this license and terminate LedZapp's rights at any time by removing your personal information.
7. Links to Third Party Sites.
This Store and/or the LedZapp services may contain links to Websites or otherwise may be featured on Web sites controlled by parties not owned or operated by us (each a "Third Party Site"). We may work with a number of partners and affiliates whose sites are linked with ours. Both LedZapp.com and LedZapp are not responsible or liable, directly or indirectly, for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. LedZapp.com makes no guarantee regarding the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site.
These links are provided only as a convenience. The inclusion of any link does not imply that we necessarily support or agree with the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither LedZapp.com nor LedZapp are responsible for any loss or damage of any sort you may incur from dealing with a Third Party Site. You should contact the relevant Third Party Site Administrator if you have any concerns regarding such links or their respective content.
8. How We Treat User Content
8.1. Rights and Responsibilities of LedZapp.com.
LedZapp respects the intellectual property of others, and we ask our users to do the same. The accounts of those suspected to be repeat-infringers may be disabled and/or terminated in appropriate circumstances. Such decision is within our sole discretion.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the Store;
(iv) Your address, telephone number, and email address;
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
LedZapp is not the publisher or author of the User Content. We disclaim all copyright and ownership in such works and all responsibility for them.
(i) Edit, redact or otherwise change any User Content,
(ii) Re-categorize any User Content to place it in a more appropriate location or
8.2. Rights and Responsibilities of LedZapp Users.
Re-Posting Content: By posting Content on LedZapp, it is possible for an outside website or a third party to re-post that Content. You agree to hold LedZapp harmless for any dispute concerning this use. If you choose to display your own LedZapp-hosted image on another website, the image must provide a link back to its listing page on LedZapp.
8.3. Rights and Responsibilities of LedZapp Music Content providers.
Listing Description: By listing Music Content on the Store you warrant that you and all aspects of the item comply with LedZapp's published policies. You also warrant that you may legally license the item. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
You permit us and any third-party website that incorporates the LedZapp software service to copy your works as part of the normal backup process.
8.4. Rights and Responsibilities of LedZapp Users and Music Content providers.
You Own And Are Responsible for Your Content: You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you list, submit, post, or display using any of our services. In posting User Content, you agree to honor the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered.
You agree not to use the Store in any way that could damage, disable, or impair any Services provided by LedZapp.com (or the network(s) connected to the Store), violate the privacy and security of other users, or interfere with any user's use and enjoyment of any of the Store. You agree not to attempt to gain unauthorized access to any services offered on the Store, other accounts, computer systems or networks connected to the Store, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store.
8.5. Reservation of Rights.
The Store, Software and Music Content embody intellectual property that is protected by law. Music Content copyright owners are intended third-party beneficiaries under the Agreement and may enforce the Agreement against you and invoke all rights under the Agreement including limitations of liability. All licenses granted to you are non-exclusive. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
8.6. Your Agreement to Release and Hold Harmless LedZapp For Any Harm Resulting From Your Communication or Contact with Other LedZapp Users.
LedZapp.COM IS NOT LEGALLY RESPONSIBLE FOR ANY COMMUNICATIONS MADE BY LedZapp.COM USERS BETWEEN MUZZOOK.COM USERS. LedZapp.COM DOES NOT ENDORSE ANY USERS OR THEIR COMMUNICATIONS. YOU AGREE THAT ANY ATTEMPT MADE BY YOU TO MAKE DIRECT CONTACT OR ANY ACTUAL DIRECT CONTACT WITH ANY LedZapp.COM USER IS MADE AT YOUR OWN RISK. YOU AGREE TO RELEASE AND HOLD LedZapp HARMLESS, IRREVOCABLY RELEASE LedZapp AND FOREVER DISCHARGE LedZapp, ITS AGENTS, AFFILIATES, EMPLOYEES, OFFICERS, SUCCESSORS AND/OR ASSIGNS FROM ALL MANNER OF ACTIONS, CAUSES OF ACTION, CLAIMS, SUITS, COVENANTS, CONTROVERSIES, AGREEMENTS, PROMISES, DAMAGES, CHARGES, AND DEMANDS, WHATSOEVER, IN LAW OR IN EQUITY OR OTHERWISE, FOR ANY HARM, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER MUZOOK USERS. ADDITIONALLY, YOU AGREE TO INDEMNIFY LedZapp FOR ANY HARM TO THIRD PARTIES, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER LedZapp USERS.
8.7. Responsibility of Third-Party Websites With Regard to User Content.
8.8. Unique Identifiers.
Some record companies require us to insert identifiers in the metadata that accompanies Music Content from these companies that uniquely identify it as Music Content you have purchased from us ("Unique Identifiers").
These Unique Identifiers may include a random number we assign to your order or copy, purchase date and time, an indicator that the music was downloaded from LedZapp, codes that identify the album and song, LedZapp's digital signature, and an identifier that can be used to determine whether the audio has been modified. Music Content sold in the Store that includes Unique Identifiers is marked on its product detail page.
You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Unique Identifiers, whether in whole or in part.
9. No Warranty.
THE STORE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE STORE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LedZapp.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETH-ER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WAR-RANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IM-PLIED WARRANTIES MAY NOT APPLY TO YOU.
LedZapp.COM MAKES NO WARRANTY THAT:
(A) THE STORE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
(B) THE STORE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STORE, OR ANY MATERIALS OFFERED THROUGH THE STORE, WILL BE ACCURATE OR RELIABLE; OR
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE STORE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE STORE IS DONE ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK. LedZapp SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
10. Limitation of Liability.
Without limiting the disclaimer of warranties and limitation of liability found elsewhere in this Agreement: (a) IN NO EVENT SHALL LedZapp.COM, OUR OFFICERS, DIREC-TORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSE-QUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEV-ER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTH-ER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS STORE OR MATERIALS AVAILABLE FROM THIS STORE, EVEN IF LedZapp.COM HAS BEEN PREVIOUSLY ADVISED OF THE POS-SIBILITY OF SUCH DAMAGE and (b) in no event will our or our Music Content providers' total liability to you for all damages arising from your use of the Store, the Music Content, or information, materials or products included on or otherwise made available to you through the Store exceed the amount you paid to purchase the Music Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential pur-pose.
LedZapp SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE LedZapp SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND LedZapp HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
IF YOUR USE OF MATERIALS FROM THIS STORE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
LedZapp DOES NOT REPRESENT OR GUARANTEE THAT THE LedZapp SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LedZapp DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ON-LY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY LedZapp PRODUCTS PURCHASED FROM THE LedZapp STORE.
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, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF LedZapp.COM TO YOU IS $100.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
You agree to defend, indemnify and hold harmless LedZapp, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Store and the Materials.
12. Unsolicited Submissions.
Except as may be required in connection with your use of our Services, LedZapp does not want you to submit confidential or proprietary information to us through this Store. You agree that all listings, Music Content descriptions, comments, feedback, information or material submitted to LedZapp.com through or in association with this Store shall be considered non-confidential. By providing such submissions to LedZapp.com you grant LedZapp.com a license to use, reprint, distribute, modify and create derivative works, which will be owned by LedZapp.com. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
13. Compliance with Intellectual Property Laws.
When accessing the Store or using our Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Store is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, sell or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your LedZapp.com user account.
You may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Music Content. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Music Content.
14. Ineligibility of Minors.
This Store is ineligible to Minors. If you are a Minor, please do not submit any personal information.
15. Arbitration Agreement.
LedZapp.com and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
(i) Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
(ii) Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
(iii) Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(iv) Claims that may arise after the termination of this agreement.
This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable.
Notwithstanding any provision in this Agreement to the contrary, we agree that if LedZapp makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a registered user of our Store, you may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
YOU AND LedZapp AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LedZapp agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
For any claim related to this Agreement or our Service, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000 USD), either we or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding nonappearance-based arbitration. In such an event, the arbitration shall be conducted at the option of the party seeking relief, by telephone, online or based solely on written submissions. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
16. Legal Compliance; Taxes.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Store and any LedZapp service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Store (excluding any taxes on LedZapp's net income).
17. Applicable Law.
By using any LedZapp Service, you agree that the Federal Arbitration Act, applicable federal law, and New York State Law, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and LedZapp.
18. Governing Law; Venue.
If for any reason, the Arbitration Agreement shall not apply, by using this Store, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with New York State law, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Store or Materials shall be instituted in a state or federal court in the State of New York, County of New York. You and LedZapp.com agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
All Store design, text, graphics, the selection and arrangement thereof, Copyright © 2018, LedZapp, ALL RIGHTS RESERVED.
LedZapp, LedZapp.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of LedZapp. All other trademarks, product names and company names or logos mentioned in the preceding sentence are the property of their respective owners.
BY USING OUR SERVICES OR ACCESSING THE LedZapp.COM STORE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.
23. No Guarantee of Veracity as to User Purported Information.
LedZapp cannot guarantee the true identity, age, and nationality of a user. LedZapp encourages you to communicate directly with potential transaction partners through the tools available on the Store. Although we use several techniques to verify the accuracy of certain information the Users provide, because user verification on the Internet is difficult, LedZapp cannot and does not confirm each User's purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing. You may also wish to consider using a third-party escrow service that provide additional user verification.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know, or suspect to exist, in your favor at the time of agreeing to this release.
25. No Agency.
Your rights under the Agreement will automatically terminate without notice and without refund of any fees or any other compensation if you fail to comply with its terms.
LedZapp reserves the right at any time to modify this Agreement and to impose new or addi-tional terms or conditions on your use of the LedZapp Service. Such modifications and addi-tional terms and conditions will be effective immediately and incorporated into this Agree-ment. Your continued use of the LedZapp Service will be deemed acceptance thereof.
LedZapp may notify you with respect to the LedZapp Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the LedZapp Service. Notices shall become effective immediately.
If any term or condition of the Agreement is deemed invalid, void, or for any reason unen-forceable, that part will be deemed severable and will not affect the validity and enforceabil-ity of any remaining term or condition.