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June 29, 2023
YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AND CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE WEBSITE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE AND YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.
Violation of this License may result in infringement of intellectual property and contractual rights of Austyn Wells, other Users of the Website, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
By using the Website, you expressly relieve and hold Austyn Wells harmless from any and all liability arising from your use of any Third-Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content on the Website or the failure of such Third-Party Content to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
Interactive Areas and User Content
The Website may contain interactive areas where Users can upload their own User Content (the “Interactive Areas”). You acknowledge and agree that submissions made to Interactive Areas may be publicly available to all other Users, or in certain cases, specific other Users, and that you may be publicly identified when communicating in Interactive Areas, and Austyn Wells will not be responsible for the action of any Users with respect to any information or materials posted in Interactive Areas. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Website or transmit to us any User Content that you consider to be confidential or proprietary.
You hereby acknowledge and agree that Austyn Wells does not actively monitor or police the Interactive Areas or specific interactions between Users of the Website (and has no obligation to do so) and you hereby disclaim and hold Austyn Wells harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User. Notwithstanding the foregoing, Austyn Wells reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred, and may, also at its sole discretion, partially or completely deny, suspend, or terminate access to the Website to any infringing party.
You retain all right, title and interest in and to any User Content that you upload onto the Website; provided, that you hereby grant to Austyn Wells a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) license to exercise all copyright, publicity rights, and any other rights you have in such User Content in any media now known or not currently known in order to operate, perform, promote, advertise, market, and improve upon the Website (the “User Content License”). The User Content License includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform, and sublicense User Content in any form, medium, or technology now known or hereafter developed. By submitting User Content to the Website, you acknowledge and agree that Austyn Wells may create its own ideas that may be or may obtain submissions that may be, similar or identical to your User Content. You agree that you shall have no recourse against Austyn Wells for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the User Content you provide to Austyn Wells. You acknowledge and agree that your submission of User Content to the Website does not create any new or alter any existing relationship between you and Austyn Wells.
You certify and warrant that your User Content is your original work or that the owner of such works has expressly granted to Austyn Wells a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for said works with all of the rights granted by you to Austyn Wells, and do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or any proprietary right.
You acknowledge and agree that Austyn Wells may establish general practices and limits concerning the use of the Website or Content. You agree that Austyn Wells has no responsibility or liability for the blocking, deletion, or failure to store any User Content maintained or transmitted by the Website. You further acknowledge that Austyn Wells reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
Digital Millennium Copyright Act
Austyn Wells has registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. Austyn Wells reserves the right to remove any Website Content or User Content that allegedly infringes another party’s copyright. Austyn Wells will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s copyright. Notices to Austyn Wells regarding any alleged copyright infringement should be directed to Austyn Wells via email at: info@AustynWells.com. This email address is only for reporting suspected copyright infringement.
Notification of Alleged Copyright Infringement: If you believe in good faith that your work has been copied in a way that constitutes copyright infringement under applicable law, you may provide us with a written notice containing the following:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where on the Website the material you claim is infringing may be found, sufficient for Austyn Wells to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable law;
A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature.
U.S. law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Counternotice to Restore User Content Removed for Alleged Copyright Infringement: If you believe that your User Content has been removed by mistake or misidentification, you may provide us with a written counter-notification containing the following information:
Your name, address, telephone number, and email address;
A description of the material that was removed;
A description of where on the Website the material that was removed previously appeared (e.g., URL);
A statement that you have a good faith believe that the material was removed or disabled as a result of a mistake or misidentification;
A statement by you under penalty of perjury under applicable law that the information in your counter-notice is accurate;
A statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which your address is located, or if your address is outside of the United States, the State of California, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
Your electronic or physical signature.
You agree not to display or use in any manner any trademark, services mark, logo, trade dress, slogan, or other brand features, either registered under the laws of the U.S. or any other country or jurisdiction or unregistered and existing at common law, belonging to Austyn Wells unless you obtain Austyn Wells’s prior written permission.
Austyn Wells reserves the right to remove any Website Content or User Content that allegedly infringes another party’s trademark or service mark. Austyn Wells will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s trademark or service mark. Notices to Austyn Wells regarding any alleged trademark infringement should be directed to Austyn Wells via email at: info@AustynWells.com. This email address is only for reporting suspected trademark infringement.
Notification of Alleged Trademark Infringement: If you believe in good faith that any of your registered trademark or service mark has been infringed upon by any Website Content or User Content under applicable law, you may provide us with a written notice containing the following:
Your name, address, telephone number, and email address;
The registration number of the trademark or service mark, jurisdiction(s) of registration, and categories of goods and/or services covered by the registration;
A description of where on the Website the allegedly infringing Website Content or User Content may be found, is sufficient for Austyn Wells to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the registered trademark or service mark is not authorized by the trademark owner, registrant, or licensee or their respective agents, or applicable law;
A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that you are the trademark owner, registrant or licensee or authorized to act on the trademark owner’s behalf; and
Your electronic or physical signature.
No Appeal to Restore User Content Removed for Alleged Trademark Infringement: If we remove your User Content because of a trademark infringement report, you will receive a notification from us that includes the name and email address of the rights holder who made the report and/or the details of the report. If you believe the content should not have been removed, you can follow up with the rights holder directly to try to resolve the issue. Austyn Wells does not provide a counter-notice or appeal mechanism for claims of trademark infringement and disclaims any liability for claims you might make regarding mistaken or misidentified trademark infringement notice and takedown requests.
Limitations on Website Use
You are solely responsible for all of your interactions with the Website and other Users on or through the Website, including, without limitation, your participation in Interactive Areas. In your interactions with other Users, you agree to conduct yourself professionally, civilly, and respectfully at all times.
The Website and Website Content, and any User Content belonging to another User, may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Website’s functionalities or without the express prior written consent of Austyn Wells, or in the case of another User’s User Content, the applicable User.
By limiting the foregoing, while using the Website, you may not:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of Austyn Wells or other Users, or use information learned from the Website or Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate the legal rights of Austyn Wells or any other User outside of the Website.
Upload User Content to the Website, or otherwise utilize Interactive Areas to communicate or distribute information, that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals.
Use the Website or Content for any purpose in violation of applicable local, state, federal, or international law.
Use or otherwise export or re-export the Website or any portion thereof, or the Website Content or User Content in violation of the export control laws and regulations of the U.S.
Upload User Content or files that contain software or other material that violate the intellectual property rights (or rights of privacy or publicity) of any third party or for which you have not obtained the necessary rights or permissions to use accordingly.
Upload User Content or files that contain viruses, Trojan horses, corrupted files, malware, spyware, bugs, or any other similar software that may damage or infiltrate the operation of any other User’s computer.
Advertise or offer to sell any goods or services for any commercial purpose through the Website, or otherwise post commercial advertisements, affiliate links, and other forms of solicitation, which may be removed from the Website without notice to you at any time.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or User or knowingly allow any other person or entity to use your identification or account to post or view comments on, or otherwise utilize the Website.
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Website.
Restrict or inhibit any other User from using and enjoying the Interactive Areas.
Imply or state that any statements you make are endorsed by Austyn Wells or any other User without the prior written consent of Austyn Wells or such User.
Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Website in any manner.
Hack or interfere with the Website, its servers, or any connected networks.
Adapt, alter, license, sublicense, or translate the Website or Content for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by Austyn Wells.
Upload User Content that provides materials or access to materials that exploit people under the age of eighteen (18) in an abusive, violent, or sexual manner.
Use the Website to collect Registration Data (as defined below) of Users by electronic or other means.
Use the Website in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Austyn Wells’s trade secret information for public disclosure or other purposes.
Use, transfer, distribute, or dispose of Website, Website Content, or User Content in any manner that could compete with the business of Austyn Wells.
Cause or induce any third party to engage in the restricted activities above.
The License granted to you terminates automatically upon any unauthorized use of the Website or its Content and Grief and Rebirth will take appropriate investigative and legal action for any illegal or unauthorized use of the Website or Content.
Unlawful Activity; Termination of Website Access
IP addresses, and traffic information
In order to utilize the full functionalities of the Website, each User will need to register and create an Account. You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, profile name, etc., and to create an Account login password (collectively, “Registration Data”). You agree that all Registration Data you provide to Austyn Wells will be and remain at all times true, accurate, current, and complete. Austyn Wells may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by Austyn Wells.
Austyn Wells will have the right to use your Registration Data in connection with servicing and operating the Website. You agree (i) to restrict access by any other person or entity to your password or other login information, (ii) to not knowingly use the name or email of any other person without authorization, (iii) to not use an email or profile name that is profane, offensive or otherwise inappropriate, (iv) to not allow any third party to use your login information, Registration Data or Account, and (v) to notify Austyn Wells of any breach of security by promptly sending Austyn Wells an e-mail to info@AustynWells.com. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. Austyn Wells is not responsible for any loss or damage as a result of someone else using your Account, Registration Data, or password with or without your knowledge.
Representations and Warranties
The Website is available only to persons who are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence). BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THESE TERMS OF SERVICE.
Advertisers on Website
The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Austyn Wells will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
Austyn Wells disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Website (“Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Austyn Wells assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Website, you expressly relieve and hold Austyn Wells harmless from any and all liability arising from your use of any Third-Party Communications, including any loss or damage incurred as a result of any dealings between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
By downloading, streaming, or otherwise accessing the content on the site, you acknowledge and agree that the information, opinions, and recommendations presented are for general information and educational purposes only. We disclaim any responsibility for the accuracy, completeness, availability, or reliability of any of the information or contained, nor do we endorse any of the facts or opinions contained therein.
You should not rely on this information as a substitute for, nor does it replace, professional medical or health and wellness advice, diagnosis, or treatment by a healthcare professional. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician, or other health professional. Never disregard the medical advice of a psychologist, physician, or other health professional, or delay in seeking such advice, because of the information offered or provided. The use of any information provided is solely at your own risk.
YOUR USE OF THE WEBSITE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AUSTYN WELLS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. AUSTYN WELLS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND AUSTYN WELLS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, AUSTYN WELLS DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. AUSTYN WELLS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. AUSTYN WELLS DOES NOT WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. AUSTYN WELLS CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT AUSTYN WELLS IS ONLY WILLING TO PROVIDE THE WEBSITE AND CONTENT IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD AUSTYN WELLS AND ITS LICENSORS, PARTNERS IN PROMOTIONS, PRODUCERS, DISTRIBUTORS, AND EPISODE PARTICIPANTS AND EACH OF THEIR PRESENT AND FUTURE PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR COMPANIES AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, LIABLE FOR ANY DAMAGE, SUITS, OR CLAIMS THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITE AND CONTENT (INCLUDING, WITHOUT LIMITATION, THE PODCAST), INCLUDING, WITHOUT LIMITATION, ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER, ANY DISPUTE WITH ANY USER, AND ANY PURPORTED INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY AUSTYN WELLS. UNDER NO CIRCUMSTANCES WILL ANY SUCH PARTIES BE LIABLE TO YOU OR ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE FOREGOING PARTIES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU AND AUSTYN WELLS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR AUSTYN WELLSWILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR AUSTYN WELLS ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND AUSTYN WELLS FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, AUSTYN WELLS, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Errors and Corrections; Updates
Austyn Wells does not represent or warrant that the Website, Website Content, or User Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Austyn Wells does not warrant or represent that the Content available on or through the Website will be correct, accurate, timely, or otherwise reliable. Your access to the Website may be interfered with by numerous factors outside of Austyn Wells’s control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. Austyn Wells is not responsible for and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Website. In addition, perfect security does not exist on the Internet; Austyn Wells cannot and does not guarantee that any Registration Data or other personally identifiable information relating to you submitted to the Website will not become public under any circumstances.
Austyn Wells may in the future update the Website to change the Website Content and/or features thereof at any time (an “Update”). Austyn Wells shall not be liable to any User in any way as a result of any temporary suspension of the Website or Content arising from or in connection with an Update. Furthermore, Austyn Wells is under no obligation to undergo an Update of the Website to the extent any Website Content, User Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.
Governing Law and Jurisdiction; Disputes
Waiver and Severability of Terms; Entire Agreement
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