TERMS & USE AGREEMENT

Mingle360.com (also hereafter referred to as “us” or “we”) is a networking service that allows its members to manage, simplify and build social, professional, romantic and commercial relationships with one another.
This Terms of Use Agreement (hereafter referred to as the "Agreement") sets forth the legally binding terms for your use of the Mingle360.com website and any of its tools, contents, resources, features and applications (collectively hereafter referred to as “Mingle360.com Services”). By using the Mingle360.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you are simply browsing the Mingle360.com website without registering) or you are a "Member" (which means that you have registered with Mingle360.com). The term "User, Users and You" refers to Visitors and Members collectively. In order to access Mingle360.com Services, including the use of our website, you must agree to all applicable laws and this Agreement and indicate your acceptance of our terms .The Mingle360.com Services are hosted in the U.S.
1. Privacy. Mingle360 takes the privacy of Users very seriously. We do not sell, rent, or otherwise provide your personally identifiable information to third parties for marketing purposes.
2. Eligibility. The use of Mingle360.com Services is limited to individuals who are 14 years of age or older.
3. Certification. You certify, upon the use of any Mingle360.com Services, that you are 14 years or older, that all registration information that you provided is truthful and accurate, and that your use of Mingle360.com Services, either intentional or unintentional, does not and will not violate any applicable laws.
4. Term. This Agreement shall remain in full force and effect while you use the Mingle360.com Services and the terms and provisions will survive the termination of your membership.
5. Protection of Passwords and Accounts. You are solely responsible for maintaining the confidentiality of your password. Therefore, you may not and should not disclose your passwords to any third-party. You agree to notify us immediately upon suspicion of any unauthorized use of your or any other Member’s account or password.
6. Commercial Use by Members. Mingle360.com Services may not be used for any commercial purpose that is not expressly authorized by Mingle360.com. If we discover any unauthorized advertisements or other forms of solicitation on your profile, we will promptly remove that material from your profile without notice. Further, violation of this provision may result in both termination of your membership and legal action against you.
7.Proprietary Rights in Content on Mingle360.com.
a. We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post in your profile or elsewhere on the Mingle360.com website.
b. Limited License. You grant to Mingle360.com a limited non-exclusive, fully-paid, royalty-free, sub-licensable and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute your Content solely on and through the Mingle360.com Services. This license will terminate upon your removal of your Content from the Mingle360.com Services.
c. Certifications. You represent and warrant that: (i) you own the Content posted by you on or through the Mingle360.com Services and have the right to grant the license set forth above, and that (ii) the posting of your Content on or through the Mingle360.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Mingle360.com Services.
d. Mingle360.com Content. Any and all Content owned by Mingle360.com is protected by copyright, trademark, patent, trade secret and other applicable laws. Mingle360.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Mingle360.com Content (excluding any software code) solely for your personal use in connection with viewing the Mingle360.com website and using the Mingle360.com Services.
8. Liability Over Members’ Content. Members are solely responsible for the Content that they post on or through any of the Mingle360.com Services, including all materials that they transmit to other Members and Users. We do not necessarily support or endorse or review the Content posted by Members and we make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material that you transmit to other Users.
9. Prohibited Content.
a. You are prohibited from posting, uploading, emailing or otherwise transmitting any content or including any material in your Mingle360.com profile that in Mingle360.com’s sole discretion is deemed to contain nudity, obscene, lewd, excessively violent, harassing, abusive, defamatory, threatening, sexually explicit, exploitive, hateful, or ethnically or racially or otherwise objectionable and/or unlawful subject matter.
b. You are also prohibited from posting, uploading, emailing or otherwise transmitting any content that solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes an illegal or unauthorized copy of another person's copyrighted work; involves the transmission of "junk mail," "spam”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and includes a photograph of another person that you have posted without that person's consent.
c. Any content displaying or representing illegal activity is strictly prohibited. Examples of such activity include, but are not limited to criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; covering or obscuring the banner advertisements on your personal profile page, or any Mingle360.com page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add individuals or send comments or messages; interfering with, disrupting, or creating an undue burden on the Mingle360.com Services or the networks or services connected to the Mingle360.com Services; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the Mingle360.com Services in order to harass, abuse, or harm another person; or using the Mingle360.com Services in any manner inconsistent with any and all applicable laws and this Agreement.
d. If you become aware of any violations of the Mingle360.com Services by any person, please email us at: connect[at]mingle360.com. Mingle360.com reserves the right to investigate and take appropriate legal action against anyone who, in Mingle360.com's sole discretion, violates these prohibitions.
10. Email Restrictions. Mingle360.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Mingle360.com deems appropriate in its sole discretion. If you breach this provision and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Mingle360.com Services, you acknowledge that you will have caused substantial harm to Mingle360.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Mingle360.com $100.00 for each such unsolicited email or other unsolicited communication you send through the Mingle360.com Services.
11. Mingle360.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or Content (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Mingle360.com Services at any time, for any or no reason, with or without prior notice, and without liability. Mingle360.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Mingle360.com Services if it determines, in its sole discretion, that you pose a threat to Mingle360.com and/or its Users.
12. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to other Members or Mingle360.com without obtaining the prior written consent of the owner of such proprietary rights. Any violation of this provision may result in the termination of your membership. If you suspect that your work has been copyright infringed upon, email us at: legal [at] mingle360.com.
13. Member Disputes. You are solely responsible for your interactions with other Mingle360.com Members. Mingle360.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
14. Fees. Mingle360.com reserves the right to charge a reasonable fee for Mingle360.com Services. If a fee is charged, the fee may be amended from time to time at Mingle360.com’s sole discretion. If Mingle360.com terminates your membership due to your breach of the Agreement, you shall not be entitled to any refund of your previously paid fees, where applicable.
15. Disclaimers. Mingle360.com is not responsible for any inaccuracies posted on the Mingle360.com website or in connection with the Mingle360.com Services by either Mingle360.com or any of its Users. Further, Mingle360.com is not responsible for any inaccuracies or opinions contained in the websites in which Members have linked their Profiles to. Mingle360.com takes no responsibility for third party advertisements, which are posted on the Mingle360.com Website or through the Mingle360.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Mingle360.com is not responsible for the conduct, whether online or offline, of any User of the Mingle360.com Services. Mingle360.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Mingle360.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Mingle360.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Mingle360.com Services. Under no circumstances shall Mingle360.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Mingle360.com Services, from any Content posted on or through the Mingle360.com Services, or from the conduct of any Users of the Mingle360.com Services, whether online or offline. The Mingle360.com Services are provided "AS-IS" and as available and Mingle360.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Mingle360.com cannot guarantee and does not promise any specific results from use of the Mingle360.com Services.
16. Limitation on Liability. Mingle360.com SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE Mingle360.com SERVICES. NOTWITHSTANDING THE ABOVE, Mingle360.com'S LIABILITY TO YOU FOR ANY CAUSE, WILL BE LIMITED TO THE ACTUAL AMOUNT PAID, IF ANY, BY YOU TO Mingle360.com FOR THE Mingle360.com SERVICES DURING THE TERM OF MEMBERSHIP.
17. U.S. Export Controls. Software available in connection with the Mingle360.com Services is subject to United States export controls. No software may be downloaded from the Mingle360.com Services or otherwise exported or re-exported in violation of U.S. export laws.
18. Disputes. All legal disputes between you and Mingle360.com and its subsidiaries shall be governed by the laws of the Commonwealth of Virginia, USA , without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Virginia, County of Fairfax.
19. Indemnity. You agree to indemnify and hold Mingle360.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Mingle360.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Mingle360.com Website or through the Mingle360.com Services causes Mingle360.com to be liable to another.
20. Additional Terms. Users may be required to accept additional terms and conditions when downloading software or content when utilizing some Mingle360.com Services. Unless otherwise provided by the additional terms and conditions, those additional terms are hereby incorporated into this Agreement. Users may receive a copy of this Agreement by email us at: legal [at] mingle360.com.
21. Modification. Mingle360.com may, at its own discretion, modify this Agreement. The modification shall become effective immediately upon posting by Mingle360.com on its website. Users agree to be bound by any such modifications to this Agreement. Therefore, it is advised that Users review this Agreement on a regular basis so that you are aware of any changes.
22. Other. This Agreement is accepted upon your use of the Mingle360.com Website or any of the Mingle360.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Mingle360.com regarding the use of the Mingle360.com Services. The failure of Mingle360.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Mingle360.com is a trademark of LifeSync Media Group, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please email us at: legal [at] mingle360.com with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Mingle360.com (also hereafter referred to as “us” or “we”) is a networking service that allows its members to manage, simplify and build social, professional, romantic and commercial relationships with one another.
This Terms of Use Agreement (hereafter referred to as the "Agreement") sets forth the legally binding terms for your use of the Mingle360.com website and any of its tools, contents, resources, features and applications (collectively hereafter referred to as “Mingle360.com Services”). By using the Mingle360.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you are simply browsing the Mingle360.com website without registering) or you are a "Member" (which means that you have registered with Mingle360.com). The term "User, Users and You" refers to Visitors and Members collectively. In order to access Mingle360.com Services, including the use of our website, you must agree to all applicable laws and this Agreement and indicate your acceptance of our terms .The Mingle360.com Services are hosted in the U.S.
1. Privacy. Mingle360 takes the privacy of Users very seriously. We do not sell, rent, or otherwise provide your personally identifiable information to third parties for marketing purposes.
2. Eligibility. The use of Mingle360.com Services is limited to individuals who are 14 years of age or older.
3. Certification. You certify, upon the use of any Mingle360.com Services, that you are 14 years or older, that all registration information that you provided is truthful and accurate, and that your use of Mingle360.com Services, either intentional or unintentional, does not and will not violate any applicable laws.
4. Term. This Agreement shall remain in full force and effect while you use the Mingle360.com Services and the terms and provisions will survive the termination of your membership.
5. Protection of Passwords and Accounts. You are solely responsible for maintaining the confidentiality of your password. Therefore, you may not and should not disclose your passwords to any third-party. You agree to notify us immediately upon suspicion of any unauthorized use of your or any other Member’s account or password.
6. Commercial Use by Members. Mingle360.com Services may not be used for any commercial purpose that is not expressly authorized by Mingle360.com. If we discover any unauthorized advertisements or other forms of solicitation on your profile, we will promptly remove that material from your profile without notice. Further, violation of this provision may result in both termination of your membership and legal action against you.
7.Proprietary Rights in Content on Mingle360.com.
a. We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post in your profile or elsewhere on the Mingle360.com website.
b. Limited License. You grant to Mingle360.com a limited non-exclusive, fully-paid, royalty-free, sub-licensable and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute your Content solely on and through the Mingle360.com Services. This license will terminate upon your removal of your Content from the Mingle360.com Services.
c. Certifications. You represent and warrant that: (i) you own the Content posted by you on or through the Mingle360.com Services and have the right to grant the license set forth above, and that (ii) the posting of your Content on or through the Mingle360.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Mingle360.com Services.
d. Mingle360.com Content. Any and all Content owned by Mingle360.com is protected by copyright, trademark, patent, trade secret and other applicable laws. Mingle360.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Mingle360.com Content (excluding any software code) solely for your personal use in connection with viewing the Mingle360.com website and using the Mingle360.com Services.
8. Liability Over Members’ Content. Members are solely responsible for the Content that they post on or through any of the Mingle360.com Services, including all materials that they transmit to other Members and Users. We do not necessarily support or endorse or review the Content posted by Members and we make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material that you transmit to other Users.
9. Prohibited Content.
a. You are prohibited from posting, uploading, emailing or otherwise transmitting any content or including any material in your Mingle360.com profile that in Mingle360.com’s sole discretion is deemed to contain nudity, obscene, lewd, excessively violent, harassing, abusive, defamatory, threatening, sexually explicit, exploitive, hateful, or ethnically or racially or otherwise objectionable and/or unlawful subject matter.
b. You are also prohibited from posting, uploading, emailing or otherwise transmitting any content that solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes an illegal or unauthorized copy of another person's copyrighted work; involves the transmission of "junk mail," "spam”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and includes a photograph of another person that you have posted without that person's consent.
c. Any content displaying or representing illegal activity is strictly prohibited. Examples of such activity include, but are not limited to criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; covering or obscuring the banner advertisements on your personal profile page, or any Mingle360.com page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add individuals or send comments or messages; interfering with, disrupting, or creating an undue burden on the Mingle360.com Services or the networks or services connected to the Mingle360.com Services; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the Mingle360.com Services in order to harass, abuse, or harm another person; or using the Mingle360.com Services in any manner inconsistent with any and all applicable laws and this Agreement.
d. If you become aware of any violations of the Mingle360.com Services by any person, please email us at: connect[at]mingle360.com. Mingle360.com reserves the right to investigate and take appropriate legal action against anyone who, in Mingle360.com's sole discretion, violates these prohibitions.
10. Email Restrictions. Mingle360.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Mingle360.com deems appropriate in its sole discretion. If you breach this provision and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Mingle360.com Services, you acknowledge that you will have caused substantial harm to Mingle360.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Mingle360.com $100.00 for each such unsolicited email or other unsolicited communication you send through the Mingle360.com Services.
11. Mingle360.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or Content (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Mingle360.com Services at any time, for any or no reason, with or without prior notice, and without liability. Mingle360.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Mingle360.com Services if it determines, in its sole discretion, that you pose a threat to Mingle360.com and/or its Users.
12. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to other Members or Mingle360.com without obtaining the prior written consent of the owner of such proprietary rights. Any violation of this provision may result in the termination of your membership. If you suspect that your work has been copyright infringed upon, email us at: legal [at] mingle360.com.
13. Member Disputes. You are solely responsible for your interactions with other Mingle360.com Members. Mingle360.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
14. Fees. Mingle360.com reserves the right to charge a reasonable fee for Mingle360.com Services. If a fee is charged, the fee may be amended from time to time at Mingle360.com’s sole discretion. If Mingle360.com terminates your membership due to your breach of the Agreement, you shall not be entitled to any refund of your previously paid fees, where applicable.
15. Disclaimers. Mingle360.com is not responsible for any inaccuracies posted on the Mingle360.com website or in connection with the Mingle360.com Services by either Mingle360.com or any of its Users. Further, Mingle360.com is not responsible for any inaccuracies or opinions contained in the websites in which Members have linked their Profiles to. Mingle360.com takes no responsibility for third party advertisements, which are posted on the Mingle360.com Website or through the Mingle360.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Mingle360.com is not responsible for the conduct, whether online or offline, of any User of the Mingle360.com Services. Mingle360.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Mingle360.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Mingle360.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Mingle360.com Services. Under no circumstances shall Mingle360.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Mingle360.com Services, from any Content posted on or through the Mingle360.com Services, or from the conduct of any Users of the Mingle360.com Services, whether online or offline. The Mingle360.com Services are provided "AS-IS" and as available and Mingle360.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Mingle360.com cannot guarantee and does not promise any specific results from use of the Mingle360.com Services.
16. Limitation on Liability. Mingle360.com SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE Mingle360.com SERVICES. NOTWITHSTANDING THE ABOVE, Mingle360.com'S LIABILITY TO YOU FOR ANY CAUSE, WILL BE LIMITED TO THE ACTUAL AMOUNT PAID, IF ANY, BY YOU TO Mingle360.com FOR THE Mingle360.com SERVICES DURING THE TERM OF MEMBERSHIP.
17. U.S. Export Controls. Software available in connection with the Mingle360.com Services is subject to United States export controls. No software may be downloaded from the Mingle360.com Services or otherwise exported or re-exported in violation of U.S. export laws.
18. Disputes. All legal disputes between you and Mingle360.com and its subsidiaries shall be governed by the laws of the Commonwealth of Virginia, USA , without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Virginia, County of Fairfax.
19. Indemnity. You agree to indemnify and hold Mingle360.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Mingle360.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Mingle360.com Website or through the Mingle360.com Services causes Mingle360.com to be liable to another.
20. Additional Terms. Users may be required to accept additional terms and conditions when downloading software or content when utilizing some Mingle360.com Services. Unless otherwise provided by the additional terms and conditions, those additional terms are hereby incorporated into this Agreement. Users may receive a copy of this Agreement by email us at: legal [at] mingle360.com.
21. Modification. Mingle360.com may, at its own discretion, modify this Agreement. The modification shall become effective immediately upon posting by Mingle360.com on its website. Users agree to be bound by any such modifications to this Agreement. Therefore, it is advised that Users review this Agreement on a regular basis so that you are aware of any changes.
22. Other. This Agreement is accepted upon your use of the Mingle360.com Website or any of the Mingle360.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Mingle360.com regarding the use of the Mingle360.com Services. The failure of Mingle360.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Mingle360.com is a trademark of LifeSync Media Group, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please email us at: legal [at] mingle360.com with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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