if any provision of these terms is held invalid or unenforceable -lrb- either by an arbitrator appointed pursuant to the terms of the `` dispute resolution '' section above or by a court of competent jurisdiction , but only if you timely opt out of arbitration by sending us an arbitration opt-out notice in accordance with the terms set forth above -rrb- , that provision will be enforced to the maximum extent permissible , and the other provisions of these terms will remain in full force and effect .