PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY OF SOUND COMMUNITY INVESTMENTS WEB SITE (COLLECTIVELY, THE "WEB SITE" OR "SERVICE") YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF, AND BE LEGALLY BOUND BY, THIS ONLINE USER AGREEMENT AND PRIVACY POLICY (THIS "AGREEMENT") BETWEEN YOU AND Sound Community Investments. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE.
1. GENERAL INFORMATION.
1.1. Changes. The Web Site is provided by Sound
Community Investments of America, Inc. ("Sound Community
Investments"). Sound Community Investments reserves the right,
at its discretion, to change the terms of this Agreement and/or
change, suspend, discontinue or modify any aspect of the Web
Site. Such modifications may include, without limitation,
changes in content, in user priorities, and discontinuance of
functional aspects of the Web Site.
1.2. Notices of Changes. Any notice or
statement of changes/modifications described in Section 1.1
above will be displayed online, and any such display shall
constitute effective notice under this Agreement for all
purposes. You agree to review the terms and conditions of this
Agreement periodically to be aware of such revisions.
Additionally, your continued use of the Web Site after the
posting of any notice of a change in the terms and conditions
shall constitute your acceptance to be bound by the express
terms of any such changes.
2. THE SERVICE AREA.
2.1. The "Service Area" shall mean all
areas and aspects of the Service including, without limitation,
text, data, photos, graphics and/or video or any information
whatsoever obtained through the Web Site (collectively referred
to herein as "Information"), Sound Community Investments'
computers or network and any subscription or software, product,
service, or information provided by Sound Community Investments.
Sound Community Investments has entered into contractual
relationships with certain vendors, sponsors, and advertisers of
products or services (the "Vendors"), pursuant to which Sound
Community Investments may link to or display Information,
advertisements, discounts, products, goods, or services offered
by the Vendors. Sound Community Investments does not guarantee
the availability or accuracy of any such Vendor Information or
offers, nor does it endorse, guarantee nor insure any Vendor
products or services.
2.2. Sound Community Investments shall
not be held liable, directly or indirectly, for any loss or
damage caused by your use of: (a) any external site linked to
the Service, (b) Vendor Information, or (c) Vendor products or
services. Statements made on the Service Area concerning the
products or services of Sound Community Investments do not
constitute an offer, but are merely solicitations of an offer.
3. LIMITATIONS ON USE AND USER SUBMISSIONS.
3.1. Copyright, Patent and Trademark
Notice. All content of the Web Site provided by Sound
Community Investments, including, but not limited to, all text,
photos, graphics, audio, software, presentations in any format
and/or video is copyrighted by Sound Community Investments of
America, Inc., or its affiliates or subsidiaries. Copyright ©
2007 Sound Community Investments of America, Inc. All rights
reserved.
No portion of the Information or other materials may be
directly or indirectly copied, published, reproduced, modified,
performed, displayed, sold, transmitted, published, broadcast,
rewritten for broadcast or publication or redistributed in any
medium, whether now known or hereafter created. The foregoing
prohibition includes, but is not limited to "screen scraping" or
"database scraping" to obtain lists of users or other
Information. Nor may any portion of the Information or other
materials be stored in a computer or distributed over any
network, except that you may download or print one copy of pages
strictly for personal and non-commercial use; however, any print
out of any page of the Web Site or portion thereof, must include
Sound Community Investments' copyright notice.
Sound Community Investments, and its associated logos, page
headers, custom graphics, buttons, and other icons are service
marks, trademarks, registered service marks, registered
trademarks, and/or trade dress of Sound Community Investments.
All other content product names and company logos are trademarks
of their respective owners. Neither these materials, nor any
portion thereof, may be stored in a computer except as
reasonably necessary for personal and non-commercial use;
however, any print out of any page of the Web Site or portion
thereof, must include Sound Community Investments' copyright
notice.
3.2. Notice of Copyright Infringement.
Sound Community Investments respects the copyrights of others.
Sound Community Investments reserves the right, but not the
obligation, to terminate your license to use the Services if it
determines in its sole and absolute discretion that you are
involved in infringing activity, including alleged acts of
first-time or repeat infringement, regardless of whether the
material or activity is ultimately determined to be infringing.
Sound Community Investments has implemented procedures for
receiving written notification of claimed infringements. If you
believe that your copyrighted work has been reproduced on the
Web Site in a way that constitutes copyright infringement you
may notify Kevin Van Flandern @
Kevin@SCIBuysHouses.com
.
3.3. Restricted Use of the Site. You
agree to use the Service Area and Information for lawful
purposes only. You agree not to post or transmit any information
through the Service Area which: (a) infringes the rights of
others or violates their privacy or publicity rights, (b) is
unlawful, threatening, abusive, defamatory, libelous, vulgar,
obscene, profane, indecent or otherwise objectionable, or (c) is
protected by patent, copyright, trademark or other proprietary
right without the express permission of the owner of such right.
You shall be solely liable for any damages resulting from any
infringement of patent, copyright, trademark or other
proprietary rights, or any other harm resulting from your use of
the Service.
3.4. Your Submission of Messages. You
hereby grant to Sound Community Investments a worldwide,
royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, display and
use for any purpose all messages or other materials posted by
you on the Service or any e-mail sent by you to Sound Community
Investments (in whole or in part) and to incorporate any such
messages or other materials or e-mails in any form, into other
media or technology whether now known or hereafter developed.
3.5. Public messages. All electronic
forums made available to users of the Service are the sole
property of Sound Community Investments and are not a public
forum. You understand and acknowledge that all information,
data, files, software, music, sound, photographs, graphics,
video, messages or other materials posted by any person or
entity other than Sound Community Investments ("Third-Party
Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such
Third-Party Content originated. You assume total liability for
all Third-Party Content that you upload, post, email or
otherwise transmit via the Service. Sound Community Investments
assumes no liability for any such Third-Party Content. You agree
not to use the Service to:
A. upload, post, e-mail or otherwise
transmit any Third-Party Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, or hateful, or
is racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity,
including, but not limited to, an official or representative of
Sound Community Investments, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
D. forge headers or otherwise
manipulate identifiers to disguise the origin of any Content
transmitted through the Service;
E. upload, post, e-mail or otherwise
transmit any Third-Party Content that you do not have a right to
transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
F. upload, post, e-mail or otherwise
transmit any Third-Party Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
of any party;
G. upload, post, e-mail or otherwise
transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
H. upload, post, e-mail or otherwise
transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or network;
I. disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other users of
the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges;
J. interfere with or disrupt the
Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
K. intentionally or unintentionally
violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of
law;
L. "stalk" or otherwise harass
another; or
M. collect or store personal data
about other users.
You acknowledge that Sound Community Investments does not
pre-screen Third-Party Content, but that Sound Community
Investments and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any
Third-Party Content that is available via the Service. Without
limiting the foregoing, Sound Community Investments and its
designees shall have the right to remove any Third-Party Content
that violates this Agreement or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated
with, the use of any Third-Party Content, including any reliance
on the accuracy, completeness, or usefulness of such Third-Party
Content.
You acknowledge and agree that Sound Community Investments
may preserve Third-Party Content and may also disclose
Third-Party Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce this
Agreement; (c) respond to claims that any Third-Party Content
violates the rights of other third-parties; or (d) protect the
rights, property, or personal safety of Sound Community
Investments, its users, or the public.
3.6. Linking. Without the prior
written consent of Sound Community Investments, you may not use
any of Sound Community Investments' proprietary logos, marks, or
other distinctive graphics, video, or audio material in your
links. You may not link to the Web Site or to any page thereof
or engage in the practice of "deep linking" in any manner
reasonably likely to: (a) imply affiliation with or endorsement
or sponsorship of or by Sound Community Investments; (b) cause
confusion, mistake, or deception; (c) dilute Sound Community
Investments' trademarks or service marks; (d) otherwise violate
state or federal law; or (e) constitute improper disparagement
or disclosure concerning Sound Community Investments or any of
its respective affiliates, or their respective officers,
directors, agents, franchises, or Vendors. You may not frame or
otherwise incorporate into another Web Site any of the
Information or other materials on this Web Site without the
prior written consent of Sound Community Investments.
4. ACCESS AND DELAYS IN SERVICES.
Sound Community Investments, its affiliates, subsidiaries,
and Vendors shall have no responsibility to provide you access
to the Web Site. Further, Sound Community Investments, its
affiliates, subsidiaries, and Vendors shall not be liable to you
for any loss or liability resulting, directly or indirectly,
from delays, inaccuracies, errors, omissions or interruptions of
the Service for any reason, including, without limitation, due
to electronic or mechanical equipment failures, telephone
interconnect problems, defects, weather, strikes, walkouts,
fire, acts of God, riots, armed conflicts, acts of war, acts of
terrorism, or to other like causes.
5. MONITORING OF SITE.
You acknowledge that Sound Community Investments reserves the
right to, and may from time to time, monitor for all lawful
purposes any and all Third-Party Content transmitted or received
through the Service. During monitoring, information may be
examined, recorded, copied, and used for authorized purposes.
All Third-Party Content, including personal information, placed
on or sent over the Service may be monitored. Use of the
Service, authorized or unauthorized, constitutes consent to such
monitoring and to the other terms of this Agreement.
6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF
LIABILITY.
6.1. General Disclaimer and Limited
Warranty. You acknowledge that certain aspects of the
Information and/or Vendor Information and links provided through
the Web Site are compiled from sources which may be beyond the
control of Sound Community Investments. Though such Information
and links are recognized by the parties to be generally
reliable, the parties acknowledge that inaccuracies may occur.
Sound Community Investments, its licensors and Vendors do not
warrant the accuracy or suitability of any such Information.
Neither Sound Community Investments nor its licensors or Vendors
represent or endorse the accuracy or reliability of the
Information distributed through the Service. FOR THIS REASON,
YOU ACKNOWLEDGE THAT THE WEB SITE IS PROVIDED TO YOU ON AN "AS
IS WITH ALL FAULTS BASIS." Sound Community Investments AND ITS
LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES,
WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES
ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING.
FURTHER, Sound Community Investments AND ITS LICENSORS AND
VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEB SITE WILL
MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL
ACHIEVE ANY DESIRED RESULT.
6.2. You assume all risk of errors
and/or omissions in the Web Site, including the transmission or
translation of data. You assume full responsibility for
implementing sufficient procedures and checks to satisfy your
requirements for the accuracy and suitability of the Web Site,
including the Information, and for maintaining any means which
you may require for the reconstruction of lost data or
subsequent manipulations or analyses of the Information provided
under this Agreement.
6.3. Viruses. YOU ACKNOWLEDGE AND
AGREE THAT Sound Community Investments USES REASONABLE EFFORTS
TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS
OPERATE ON, OR ARE PASSED THROUGH, THE WEB SITE OR THE
INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND
THEREBY HOLD Sound Community Investments HARMLESS), BY WHATEVER
MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING
AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
6.4. LIMITATION OF LIABILITY. YOU AGREE
THAT Sound Community Investments AND ITS AFFILIATES,
SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR
ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE
WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL
IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND
SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT
OF THE SUMS PAID TO Sound Community Investments BY YOU UNDER THE
TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS
LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF Sound Community
Investments OR ITS AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE
COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION
6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
6.5. FTC NOTICE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. 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. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. INDEMNIFICATION.
YOU SHALL RELEASE, DISCHARGE, AND
RELINQUISH, DEFEND INDEMNIFY AND HOLD HARMLESS SOUND COMMUNITY
INVESTMENTS AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND
EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER
TIER (COLLECTIVELY, THE INDEMNITEES) FROM AND AGAINST ALL LOSS,
CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR
CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS' FEES
AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY
ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH,
OR RELATING TO, YOUR ACCESS AND USE OF THE WEB SITE, INCLUDING
YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEB SITE. THE
OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN
THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY
THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT
LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER
FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY,
INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR
SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED
IN THE DEFENSE OF ANY SUCH CLAIM.
8. PRIVACY POLICY.
8.1. Privacy. Records of your use of
the Web Site is the sole property of Sound Community Investments
and is protected by and subject to the U.S. Electronic
Communications Privacy Act, as amended, or any successor
statute. Sound Community Investments reserves the right to use
such information for its marketing, franchising and membership
endeavors. Your personally identifying information will not be
shared with any third party, with the following exceptions:
A. Information that Sound Community
Investments in good faith determines is legally required to be
revealed by any relevant statute, regulation, ordinance, rule,
administrative or court order, decree, or subpoena;
B. Information revealed during the
course of Sound Community Investments' enforcement of the
policies and procedures of the Web Site, the terms of this
Agreement, or during the course of any disciplinary actions;
C. Information in a manner expressly
permitted by the provisions of this Section 8;
D. Information that Sound Community
Investments in good faith determines must be disclosed to
correct what it believes to be false or misleading information
or to address activities that Sound Community Investments
believes to be manipulative, deceptive or otherwise a violation
of law; or
E. Unless you are otherwise notified
at the time we collect the data. Note also, your electronic mail
address may become public when you participate in Web Site
electronic forums.
8.2. Privacy of Minors. Protecting the
privacy of children is especially important. Sound Community
Investments does not knowingly collect information about
children and will delete any such information that it discovers
or is made aware of.
8.3. Nonpublic Personal Information.
"Nonpublic Personal Information" is the nonpublic information
about you that is obtained from you in connection with providing
you a financial product or service such as a loan or mortgage.
Sound Community Investments and its advertisers may collect
nonpublic personal information from the online forms you
complete in order to obtain the financial product or service,
from information collected as a result of your transactions with
Sound Community Investments, our advertisers or others, and from
consumer reporting agencies.
Sound Community Investments will not disclose any nonpublic
personal information about our current or former customers and
consumers to anyone, except as permitted or required by law, or
as described below.
We may disclose all of the information we collect about you
to our affiliates who offer related goods and services, and to
nonaffiliated third parties that perform services on our behalf,
including marketing services, or other financial institutions
with whom we have joint marketing agreements.
If we collect nonpublic personal information from you to
provide third-party financial products and services requested by
you, such third-party's use of your personal information will be
subject to their privacy policy as disclosed to you by them.
We have procedures in place that limit access to nonpublic
personal information to those employees and other individuals
who need to know such information to provide products and
services to you. We will maintain physical, electronic, and
procedural safeguards to protect the confidentiality of your
nonpublic personal information as required by law.
9. UNSOLICITED E-MAIL AND DIRECT MARKETING.
9.1. Unsolicited E-mail. Sound
Community Investments supports responsible e-commerce. Sound
Community Investments does not authorize anyone to use the
Service to broadcast, distribute, transmit or retransmit
unsolicited commercial, non-commercial, bulk, or junk electronic
mail ("SPAM").
9.2. Electronic Direct Marketing Programs.
Sound Community Investments may develop and participate in
electronic direct marketing to users of the Web Site who elect
to receive electronic mail of specific interest to them. In
keeping with this Agreement, Sound Community Investments does
not forward the names and addresses (electronic or otherwise) to
third parties. Advertisers who participate in Sound Community
Investments' electronic direct marketing programs identify the
category of users who would most likely be interested in their
goods and services. Sound Community Investments then forwards
the advertisements to users who have elected to receive that
category of electronic mail. Users may elect to not receive
similar electronic mail by requesting that their e-mail address
be removed from the mailing list by selecting the appropriate
option included with each e-mail advertisement sent by Sound
Community Investments. In addition, users may elect to be
removed from such lists at any time by sending a message to the
System administrator at webmaster@Sound Community
Investments.com.
9.3. Reporting SPAM. Users who receive
SPAM or any threatening or offensive e-mail through the Services
may report it to Sound Community Investments by forwarding the
unedited message with the full message header to webmaster@Sound
Community Investments.com.
9.4. Reservation of Rights. Sound
Community Investments reserves the right to take all legal or
technical steps that it deems necessary to prevent the
broadcast, distribution, transmission, or retransmission over
the Service of SPAM, junk e-mail, threatening or offensive
e-mail, or e-mail otherwise determined by Sound Community
Investments, in its sole discretion, to be objectionable. ound
Community Investments reserves the right to suspend or terminate
any person or entity's use of or access to the Service if it
determines, in its sole and absolute discretion, that such
person has used or intends to use the Service in violation of
this policy. A failure of Sound Community Investments to
exercise any right provided for herein shall not be deemed to be
a waiver of such right.
10. MISCELLANEOUS
10.1. Governing Law; Limitations; Venue.
The laws of the State of Washington, excluding any rule or
principle that would refer to and apply the substantive law of
another state or jurisdiction, shall govern this Agreement. To
the extent allowed by applicable law, any claims or causes of
action arising from or relating to your access and use of the
Service as contemplated by this Agreement must be instituted
within two (2) years from the date upon which such claim or
cause arose. Further, any such claim or cause of action shall be
brought EXCLUSIVELY in the state or federal courts
located in Dallas County, Texas, and you agree to submit to the
exclusive personal jurisdiction of such courts and hereby
appoint the Secretary of State of Texas as your agent for
service of process. You agree to waive any objection that the
state or federal courts of Dallas County, Texas, are an
inconvenient forum.
10.2. Assignments. You may not assign
any of your rights, obligations, privileges, or performance
hereunder without the prior written consent of Sound Community
Investments. Any assignment other than as provided for in this
Section 10.2 shall be null and void.
10.3. Severability. If any provision
of this Agreement is found to be unlawful or unenforceable in
any respect, the court shall reform such provision so as to
render it enforceable (or, if it is not possible to reform such
provision so as to make it enforceable, then delete such
provision); and, as so reformed or modified, fully enforce this
Agreement.
10.4. U.S. Government Restricted Rights;
Export. The materials on the Web Site are provided with
"RESTRICTED RIGHTS." Use, duplication or disclosure by the
Government is subject to restrictions as set forth in applicable
laws and regulations. Use of the materials by the Government
constitutes acknowledgement of Sound Community Investments'
proprietary rights in them. You may not use or export the
Information or any other materials in this Web Site in violation
of U.S. export laws and regulations.
10.5. Termination. Sound Community
Investments may terminate or suspend your use of the Web Site
for any reason. Termination or cancellation of your use of the
Web Site shall not effect any right or relief to which Sound
Community Investments may be entitled, at law or in equity. Upon
termination of this Agreement, all rights granted to you will
terminate and revert to Sound Community Investments.
10.6. Notice. Official correspondence
must be sent via postal mail to:
Sound Community Investments of America, Inc.
600 Pasco Pl NE
Renton, WA 98059
10.7. Entire Agreement. This Agreement
is complete and effective at the time you begin use of the
Service. This Agreement constitutes the entire agreement
between the parties, and no other agreement, written or oral,
exists between you and Sound Community Investments. In the
event that any inconsistencies exist between this Agreement and
any future published terms or understanding, the last published
Agreement or terms of use shall control.
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