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Acceptance of terms.
Racing Dynamics S.p.A. ("RD SpA") and RDBrands LLC
("RD Brands") make this Web site
(the "Site"), including all information, documents, communications, files, text, graphics, software, and products available
through the Site (collectively, the "Materials") and all
services operated by RD SpA and RD Brands (collectively "RD") and third parties through the Site
(collectively, the "Services"), available for your use subject
to the terms and conditions set forth in this document and any changes
to this document that RD SpA may publish from time to time (collectively,
the "Terms of Use").
By accessing or using this Site in any way,
including, without limitation, use of any of the Services, downloading
of any Materials, or merely browsing the Site, you agree to and are
bound by the Terms of Use.
RD reserves the right to change the Terms of Use and other guidelines
or rules posted on the Site from time to time at its sole discretion,
and will provide notice of material changes on the home page of the
Site. Your continued use of the Site, or any Materials or Services
accessible through it, after such notice has been posted constitutes
your acceptance of the changes. Your use of the Site will be subject to
the most current version of the Terms of Use, rules, and guidelines
posted on the Site at the time of such use. You should periodically
check the "Terms of Use" link on the Site's home page to view
the then-current terms. If you breach any of the Terms of Use, your
authorization to use this Site automatically terminates, and any
Materials downloaded or printed from the Site in violation of the Terms
of Use must be immediately destroyed.
Defined terms
One of the Services offered through this Site the ability to
download files that contain proprietary information owned by RD. Information,
materials, files, communications, and documents that are available for
download from this Site are referred to collectively
as "Technical Content." The group of persons among which the
collaboration and file sharing takes place is referred to herein as the
"Work Group." All other user-supplied information, materials,
files, communications, and documents, excluding the Technical Content, are
referred to collectively as "User Content." "RD Content" means all Materials provided by RD.
Technical Content,
User Content, and RD Content may have different restrictions and
conditions associated with them.
Types of users
Please be aware that certain activities on this Site, such as
accessing the Press Area or the Importer Site are available only to persons who are covered under a paid
or trial subscription agreement with RD ("Subscribers") and
persons invited by Subscribers to participate in such activities.
Intellectual property; limited license to users
The Materials and Services on this Site, as well as their selection
and arrangement, are protected by copyright, trademark, patent, and/or
other intellectual property laws, and any unauthorized use of the
Materials or Services at this Site may violate such laws and the Terms
of Use. Except as expressly provided herein, RD SpA, RD Brands.
and their suppliers do
not grant any express or implied rights to use the Materials and
Services. You agree not to copy, republish, frame, download, transmit,
modify, rent, lease, loan, sell, assign, distribute, license,
sublicense, reverse engineer, or create derivative works based on the
Site, its Materials, or its Services or their selection and arrangement,
except as expressly authorized herein. In addition, you agree not to use
any data mining, robots, or similar data gathering and extraction
methods in connection with the Site.
Use of Services.
When using Services on this Site that are
offered by RD SpA or RD Brands, you shall be subject to any posted guidelines, rules,
or licenses applicable to such Services and to the Terms of Use. Such
guidelines, rules, or licenses may contain terms and conditions in
addition to those in the Terms of Use.
Use of software. The Engine Management Software (EMS),
Transmission Management Software (TMS), and any other software and accompanying documentation that
is made available to download from this Site is the copyrighted and/or
patented work of RD SpA and/or its suppliers. Use of the software is
governed by the terms of the license agreement that accompanies or is
included with such software. Such
terms are available for review and are incorporated herein by this
reference. You will not be able to download or install any software that
is accompanied by or includes a license agreement unless you agree to
the terms of such license agreement. If you do not agree to such terms,
you will not be able to use the software. Absent a license agreement
that accompanies the software, use of the software will be governed by
the Terms of Use. You agree that you will not decompile, reverse
engineer, or otherwise attempt to discover the source code of the
software available on the Site.
Use of RD Content and User Content. Except as indicated to the
contrary elsewhere on this Site, you may view, download, and print the RD
Content and User Content available on this Site subject to the
following conditions:
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The RD
Content and User
Content may be used solely for personal, informational, and
internal purposes. It may NOT be used to promote any
commercial activity without the express written consent of RD
SpA (Worldwide except North America) or RD Brands (in
North America). |
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The RD
Content and User
Content may not be modified or altered in any way. |
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The RD
Content and User
Content on the Site may not be distributed or sold, rented,
leased, or licensed to others. |
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You may not remove any
copyright or other proprietary notices contained in the RD Content and User Content. |
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RD SpA
and RD Brands reserve the right to
revoke the authorization to view, download, and print the RD Content and User Content available on this Site at any time, and
any such use shall be discontinued immediately upon notice from RD
SpA amd/or RD BRands. |
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The rights granted to you
constitute a license and not a transfer of title. |
Important exceptions. Various sections
of the Site, such as the Photography sections, the Galleries, or the Features,
showcase the work of creative professionals. Such works belong to their
creators, may be protected by copyright or other proprietary laws, and
are for display purposes only. Accordingly, you may not download or
print these works unless there is a notice associated with the work
expressly permitting such uses.
The rights specified above to view, download, and print the RD Content and User Content available on this Site are not applicable to
the design or layout of this Site. Elements of this Site are protected
by trade dress and other laws and may not be copied or imitated in whole
or in part.
Trademark information
The trademarks, logos, and service marks ("Marks")
displayed on this Site are the property of RD SpA, RD Brands, or other third parties.
You are not permitted to use the Marks without the prior written consent
of RD SpA, RD Brands, or such third party that may own the Marks. The
Racing Dynamics script and crest logo are trademarks of Racing DYnamics
S.p.A. - Milano, Italia. The RDSport name and logo are trademarks
of RD Brands LLC.
For a current list of RD SpA's Marks, as well as certain third-party
Marks, please refer to trademark
information.
License to RD SpA or RD Brands for User Content
Certain Services offered through this Site accommodate or require
User Content. Depending upon the nature of the Service, by submitting
User Content to this Site, you grant RD SpA or RD BRands one of the following types of
licenses:
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For User Content that is
the result of your creative efforts and which is intended to be
displayed on the Site, such as examples of work on vehicles you have done
using RD products, you grant RD SpA a worldwide, royalty-free,
non-exclusive license to modify (for purposes of formatting,
maintenance, or Site administration only) and reproduce such
User Content. You also grant RD SpA the right to distribute and
publicly display and perform such User Content for the purpose
for which such User Content was submitted to the Site. This
license will be in effect until such User Content is removed
from the Site. If you submit User Content to one of the
Galleries, you acknowledge that such content may be modified and
annotated, and RD may display the User Content together with annotations solely for
purpose of describing the work and the modifications performed
to the vehicle. |
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For User Content such as
comments to the RD User to User Forums, product reports, piracy
reports, or product suggestions, you grant RD and the users
of this Site an unrestricted, worldwide, irrevocable license to
use, reproduce, display, perform, modify, transmit, and
distribute such User Content, and you also agree that RD is
free to use any ideas, concepts, know-how, or techniques that
you send us for any purpose without any compensation to you.
However, we will not release your name or otherwise publicize
the fact that you submitted such User Content to us unless: (a)
you grant us permission to do so; (b) we first notify you that
the User Content you submit to a particular part of the Site
will be published or otherwise used with your name on it; (c) we
have a good faith belief that we are required to do so by law
and/or in response to a subpoena or court order; or (d) we
believe it necessary in order to protect the rights of RD SpA,
RD Brands, or
others. |
Prohibited communications
You may submit only User Content to the Site that
is (a) owned by you, (b) submitted with the express permission of the
owner or within the scope of the license to such content, or (c) in the
public domain. You are prohibited from posting or transmitting to or
from this Site any unlawful, threatening, harassing, libelous,
offensive, defamatory, obscene, or pornographic materials, or other
materials that would violate any law or the rights of others, including,
without limitation, laws against copyright infringement, and rights of
privacy and publicity. Violation of these restrictions may result in
denial of or limitations on access by you to this Site.
User conduct
In using the Site, including all Services and Materials available
through it, you agree:
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not to disrupt
or interfere with any other user's enjoyment of the Site or
affiliated or linked sites; |
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not to upload,
post, or otherwise transmit through the Site any viruses or
other harmful, disruptive, or destructive files; |
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not to create
a false identity; |
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not to use or
attempt to use another's account, password, service, or system
without authorization from RD SpA or RD Brands; |
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not to access
or attempt to access any Content which you are not
authorized to access; |
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not to disrupt
or interfere with the security of, or otherwise cause harm to,
the Site, or any Services, Materials, system resources,
accounts, passwords, servers, or networks connected to or
accessible through the Site or any affiliated or linked sites. |
Managing content and communications
Although it is not our intention to do so, RD reserves the right,
in its sole discretion, to delete or remove User Content from the Site
and to restrict, suspend, or terminate your access to all or part of
this Site, at any time if we have cause to do so (including, without
limitation, our good faith belief that you have violated the Terms of
Use) without prior notice or liability. In addition, RD reserves the
right to delete or remove Content if the relevant subscription
has expired or lapsed or if RD SpA has a good faith belief that the user
posting such Content has violated these Terms of Use, or any law
or regulation, or that such deletion or removal is necessary to comply
with the law or to protect the rights of RD SpA, RD Brands, or others.
RD may, but is not obligated to, monitor or review (i) any areas on
the Site where users transmit or post User Content, including but not
limited to areas where Services are available, or chat rooms, bulletin
boards, or other user forums; and (ii) the substance of any User
Content.
To the maximum extent permitted by law, RD will have no liability
related to User Content arising under the laws of
copyright, libel, privacy, obscenity, or otherwise. RD also disclaims
all liability with respect to the misuse, loss, modification, or
unavailability of any User Content.
Use and protection of account number and password
You are responsible for maintaining the confidentiality of your
account number, account name, and/or password, if applicable. You are
responsible for damages resulting from all uses of your account number,
account name, and/or password, whether actually or expressly authorized
by you, unless access to your account number, account name, and/or
password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT
BETWEEN YOU AND RD OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH
PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES
ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, RD MAKES NO WARRANTY THAT (i) THE SERVICES, MATERIALS,
AND PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR
MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE
SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE
SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS. RD MAY MAKE CHANGES TO THE MATERIALS AND
SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES AT THIS SITE MAY BE OUT OF DATE, AND RD MAKES NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) RD DOES NOT CONTROL, ENDORSE,
OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED
BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION,
THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE
SITE; (ii) RD MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT
ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY
DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND
(iv) RD SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS,
OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS
THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR
AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH
ACTIVITIES. RD ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER
SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE
OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE
SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM RD OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE,
ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
International users
This Site can be accessed from countries around the world and may
contain references to RACING DYNAMICS or RDSport products, services, and programs that are
not available in your country. These references do not imply that RD SpA
or RD Brands intend to announce such products, services, or programs in your
country.
The Site is controlled, operated, and administered by RD SpA from its
offices in Milan, Italy. RD SpA makes no
representation that the Site, or the Services or Materials available
through it, are appropriate or available for use at other locations
outside Italy, and access to the Site from territories where
the Site or any of its Services or Materials are illegal is prohibited.
If you access the Site from a location outside Italy, you
are responsible for compliance with all local laws. See the section on
export control laws, below, for further information.
Personal information and privacy
To learn about how RD SpA protects your personal information, such as
your name and address, refer to the RD SpA Online
Privacy Policy. Except as set forth in the Privacy Policy or in the
Terms of Use, your personal information will be deemed to be
confidential. With the exception of Content and certain types of
User Content, any non-personal information or material sent to RD will generally be deemed to NOT be confidential. You understand and
agree that we may disclose information about you if we have a good faith
belief that we are required to do so by law or legal process, to respond
to claims, or to protect the rights, property, or safety of RD SpA, RD
Brands, or
others, or as stated in our Privacy Policy. Please be aware that your
browser must be enabled to accept cookies in order for you to use any of
the services on this site or to purchase from any of the RD online
stores.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL RD SpA
and/OR RD BRANDS, THEIR SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES,
PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT RD SpA
AND/OR RD BRANDS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE
INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS
OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH
VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED
OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR
OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED
OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND
EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
RD SpA
User to User Forums
In addition to these Terms of Use, users of the RD SpA User to User
Forums must agree to a separate legal agreement located within the
Forums registration area of the Site. Your access to the User to User
Forums will be denied for violation of either the Terms of Use or the
agreement located within the Forums registration area of the Site. In
particular, you should be familiar with the Section titled
"PROHIBITED COMMUNICATIONS" in that agreement and conduct your
activities accordingly.
Notification of copyright infringement
RD SpA will, in appropriate circumstances, terminate the accounts of
users who infringe the intellectual property rights of others. If you
believe that your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on this Site
or on sites linked to from this Site, please provide RD SpA's Copyright
Agent a Notice containing the following elements:
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a physical or electronic
signature of the person authorized to act on behalf of the owner
of the copyright interest that is alleged to have been
infringed; |
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a description of the
copyrighted work or works that you claim have been infringed and
identification of what material in such work(s) is claimed to be
infringing and which you request to be removed or access to
which is to be disabled; |
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a description of where the
material that you claim is infringing is located on the RD SpA site; |
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information sufficient to
permit RD SpA to contact you, such as your physical address,
telephone number, and e-mail address; |
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a statement by you that you
have a good faith belief that the use of the material identified
in your Notice in the manner complained of is not authorized by
the copyright owner, its agent, or the law; |
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a statement by you that the
information in your Notice is accurate and, under penalty of
perjury, that you are the copyright owner or authorized to act
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RD SpA's Copyright Agent for Notice of claims
of copyright infringement can be reached as follows:
By mail:
Copyright Agent
Racing Dynamics S.p.A.
via Bigli, 15
I-20121 Milano
Italia
By telephone: +1 (949) 325-2100
By fax: +1 (949) 325-2101
By e-mail: copyright@racingdynamics.com
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT
YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT
INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES
LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE
COPYRIGHT AGENT WILL NOT BE RESPONDED TO. SUCH INQUIRIES
SHOULD BE MADE BY E-MAIL TO webmaster@racingdynamics.com.
Indemnity and liability
You agree to indemnify and hold RD SpA or TD Brands, and their subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
content you submit, post to, or transmit through the Site (including,
without limitation, any User Content, Content or computer
viruses), your use of the Site, your connection to the Site, your
violation of the Terms of Use, or
your violation of any rights of another person or entity.
Governing law and jurisdiction
Some portions of this site are controlled by RD Brands from its
offices within the State of California, United States of America. By
accessing this Site, you and RD SpA, or you and RD Brands, agree that all matters relating to
your access to, or use of, this Site shall be governed by the statutes
and laws of the State of California, without regard to the conflicts of
laws principles thereof. You and RD SpA, or you and RD Brands, also agree and hereby submit to
the exclusive personal jurisdiction and venue of the Superior Court of
Orange County and the United States District Court for the Southern District of California with respect to such matters.
Language
It is the express wish of the parties that the Terms of Use and all
related documents have been drawn up in English.
É la espressa volontá delle parti che i
Temini d'Uso ed i relativi documenti, siano redatti in lingua inglese.
C'est la volonté
expresse des parties que la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en anglais.
General
The Terms of Use and other rules, guidelines, licenses, and disclaimers
posted on the Site constitute the entire agreement between RD SpA and you
and/or RD Brands and you (whichever applies) with respect to your use of the Site.
If for any reason a court of
competent jurisdiction finds any provision of the Terms of Use, or
portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of the
parties as reflected by that provision, and the remainder of the Terms
of Use shall continue in full force and effect. Any failure by RD SpA or
RDBrands to
enforce or exercise any provision of the Terms of Use or related right
shall not constitute a waiver of that right or provision. The section
titles used in the Terms of Use are purely for convenience and carry
with them no legal or contractual effect.
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