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Izjava o zasebnosti & Terms of use

Terms of Use

19.09.11 as Effective Date

Welcome to SHOWERGREEN EUROPE's web site, located at www.SHOWERGREEN.eu (the "Web Site"). Use of the Web Site, information, services, and content distributed through or in conjunction with the Web Site (collectively, the "Services") is offered to you subject to your acceptance of these Terms of Use, the SHOWERGREEN.eu ("SHOWERGREEN") Izjava o zasebnosti, and any other notices or amendments posted through the Services.

By accessing and using the Services, or any of the information and/or content presented in any areas of the Services, you are acknowledging that you have read and agree to be bound by these Terms of Use, SHOWERGREEN's Izjava o zasebnosti, and other notices posted through the Services. You further warrant and covenant that you have the power and authority to enter into this agreement. If you do not acknowledge and agree with the above, you may not access or use SHOWERGREEN's information, content, or Services.

SHOWERGREEN EUROPE is an affiliated company of SHOWERGREEN NORWAY. BECAUSE THESE TERMS AND CONDITIONS OF USE IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.


Terms of Use

SHOWERGREEN shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use at any time ("Changes"). You will be notified of any Changes through a posting on the Web Site, a notification in the Services, or via e-mail. Any Changes shall be effective THIRTY (30) days following the posting of such Changes (the "New Effective Date"). The most recent version of these Terms of Use may always be found at http://www.showergreen.eu/EN/aviso_legal.php.

You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Services following the New Effective Date shall constitute your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Services immediately and notify SHOWERGREEN via e-mail at: info@showergreen.eu. These Terms of Use were last modified on September 19, 2011.


Purpose of Web Site.

The Web Site and Services are services made available by SHOWERGREEN. The information and/or content available in or on, or accessed or downloaded through or from, the Services ("Information And Content") are made available solely as a convenience to you for general informational purposes only and are not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. The Services and all Information And Content is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.


No Representation Regarding Content

SHOWERGREEN has used commercially reasonable efforts to obtain the most accurate and timely information available. Due to various factors, including the inherent possibility of human and mechanical error, SHOWERGREEN does not guarantee the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of any of the Information and Content. You agree that all risk associated with the use of, or reliance on, any of the Information and Content contained in the Services rests with you. You further agree that SHOWERGREEN shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any of the Information And Content.


Limited License & Permitted Uses

You are granted a non-transferable, non-exclusive, revocable license to: access and use the Services strictly in accordance with these Terms of Use;
use the Services solely for internal, personal, non-commercial purposes, and;
display, download, archive or print a single copy of any discrete Information And Content, or any information and/or content otherwise distributed by or from SHOWERGREEN, solely for internal, personal, non-commercial purposes, provided that, in doing so, you do not further distribute, sell, or modify the Information and Content in any way, maintain all copyright and other notices contained therein, and you comply with the User Conduct and Obligations set forth herein (collectively, the "Permitted Uses").

Except for the Permitted Uses contained in this limited license, nothing in these Terms of Use grants, or should be construed to grant, any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in the Services, and their Information and Content belong to SHOWERGREEN and/or its licensors, as applicable.


User Conduct and Obligations

Your license to access and use the Services is subject to the following restrictions and prohibitions on use ("User Conduct and Obligations"). You agree that you shall not: upload, post, transmit, share or otherwise make available through, or to, the Services any content that: is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable; might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; might violate any local, federal, or international law, or any rules of any securities exchange, either intentionally or unintentionally, or; contains any viruses, trojan horses, time bombs, cancelbots, or any other harmful or disruptive computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; reproduce, copy, modify, distribute, market, display, transfer, sublicense, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter, transfer, or otherwise make available in any form or by any means, except for the express limited Permitted Uses, all or any portion of the Services or any Information And Content retrieved therefrom; disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Services, or their computer systems, servers, or networks; provide false information about yourself to SHOWERGREEN, impersonate any other person, or otherwise attempt to mislead others about your identity, your affiliation with any person or entity, or the origin of any content, message, or other communication; upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, bulk e-mail, or duplicative messages; use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or users of the Services, or otherwise systematically extract data or data fields; use the Services for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other users of the Services or to other third parties. Internet e-mail sent to, or through, the computer systems of the Services or to users of the Services or to other third parties containing invalid or forged headers, invalid or non-existent domain names, or other deceptive addressing is deemed counterfeit. SENDING, OR ATTEMPTING TO SEND, COUNTERFEIT E-MAIL TO, OR THROUGH, THE COMPUTER SYSTEMS OF THE SERVICES IS STRICTLY PROHIBITED; provide access to or use of any portion of the Services through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, except as specifically permitted in writing by SHOWERGREEN; redistribute any Information And Content, in any manner whatsoever including without limitation by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, to any person, organization, corporation or other entity, including within your own organization or externally, except for the limited


Permitted Uses;

use any Information And Content, for any purpose competitive with SHOWERGREEN's businesses; present, archive, cache, frame, scrape, or mirror any Information And Content from any part of the Services within another web site, except with express written permission from SHOWERGREEN; remove, obscure, or alter any notice of SHOWERGREEN's intellectual property rights present on or in the Services, including but not limited to copyright, trademark, and/or patent notices, copy, disassemble, decompile, translate, reverse engineer or otherwise reduce the Services software or use any network monitoring or discovery software to determine the network and/or computer architecture, except as permitted by mandatory rules of applicable law that cannot be disapplied by contract; remove, disable, defeat, or change any functionality or appearance of the Services or intentionally alter the format in which data is provided by SHOWERGREEN or otherwise circumvent the Services' regular interfaces to such data; and embed or import any other data provided in, on or through the Services into any information services (whether or not web-based), data files, or application software, including without limitation accounting and payroll systems, except as specifically permitted in writing by SHOWERGREEN. Embed or import any data provided in, on or through the Services into any information services (whether or not web-based), data files, or application software, including without limitation accounting and payroll systems, except as specifically permitted in writing by SHOWERGREEN.


The foregoing prohibitions expressly include, but are not limited to, the practice of "screen scraping", or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized in writing by SHOWERGREEN.


Remedies for Violations

SHOWERGREEN reserves the right to seek all remedies available at law and in equity for violations, or for suspected violations, of these Terms of Use, including but not limited to the right to block access from a particular IP address to the Services and their features.

License of Your Content to SHOWERGREEN

By uploading, posting, transmitting, sharing, or otherwise making available to the Services any content, or submitting any materials for use on the Services, you grant (or warrant that the owner of such rights has expressly granted) SHOWERGREEN or its designee, a perpetual, royalty-free, irrevocable, fully-paid, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, sublicense, translate, reformat, create derivative work(s) or adaptation(s) from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world, in any manner otherwise than as stated in SHOWERGREEN's Izjava o zasebnosti.


DISCLAIMER

The services and all information and content are provided on an "as is" and "as available" basis. Showergreen, its affiliates, agents and/or suppliers, officers, directors, and employees expressly disclaim any and all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. Showergreen disclaims all responsibility for, but not limited to, any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or any way related to:

Any errors in or omissions from the services and their information and content, including but not limited to technical inaccuracies and typographical errors; Any third party web sites or third party applications software and content, directly or indirectly, accessed through hypertext links in the services, including but not limited to any errors in or omissions therefrom;

The unavailability of the services, information and content, or any portion thereof;


Your use of the services;

Problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, internet access providers, computer equipment, software, or any combination thereof, including without limitation any injury or damage to your, or any other person's, computer as a result of using the services, or; Your use of any equipment or software in connection with the services.

All warranties, terms and conditions, express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted under applicable laws. Showergreen does not represent or warrant that software, information and content, or materials in the services are accurate, complete, reliable, timely, current, error-free, or otherwise reliable, or that the services are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any software, information and content, or materials and use industry-recognized software to detect and disinfect viruses. As a visitor to the services, you acknowledge and agree that any reliance on or use by you of any information and content shall be entirely at your own risk.

You further acknowledge and agree that in no event shall SHOWERGREEN be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the services. SHOWERGREEN shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, legal fees and court costs) in any way due to, resulting from, or arising in connection with: The use of or inability to use the services, or any information and content contained therein; Your participation or reliance on information and content posted on message boards or e-mail forums, or; Any other matter relating to the services and/or any information and content, regardless of whether any of the foregoing is determined to constitute a fundamental breach or failure of essential purpose. To the extent this limitation on liability is prohibited, SHOWERGREEN'S sole obligation to you for damages shall be limited to $1.00.


Service Modifications

You acknowledge and agree that SHOWERGREEN reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or any associated services, Information And Content, or technical specifications with or without notice to you, and that SHOWERGREEN will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.


Privacy and Personal Information

Your use of the Services may require you to provide information about yourself. You acknowledge that you have read and agree to all of the terms and conditions of SHOWERGREEN's Izjava o zasebnosti, which is located at: http://www.showergreen.eu/EN/aviso_legal.php, and that you agree to the incorporation of the Izjava o zasebnosti into these Terms of Use.


Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, SHOWERGREEN does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including without limitation transmissions involving the exchange of e-mail with SHOWERGREEN containing your personal information. While SHOWERGREEN shall take commercially reasonable efforts to safeguard the privacy of the information you provide to SHOWERGREEN and shall treat such information in accordance with SHOWERGREEN's Izjava o zasebnosti, in no event will the information you provide to SHOWERGREEN be deemed to be confidential, create any fiduciary obligations to you on SHOWERGREEN's part, or result in any liability to you on SHOWERGREEN's part in the event that such information is inadvertently released by SHOWERGREEN or accessed by third parties without SHOWERGREEN's consent.


Proprietary Rights

"SHOWERGREEN", the SHOWERGREEN logo, and other identifying marks of SHOWERGREEN are and shall remain the trade-marks and trade names and exclusive property of SHOWERGREEN EUROPE and SHOWERGREEN NORWAY, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners. All content in the Services, including without limitation all programs, complied binaries, interface layout, interface text, documentation, and graphics, is the copyrighted property of SHOWERGREEN and is protected by international copyright law. The Information and Content may be used by you only for your personal, non-commercial use as expressly provided for in the Permitted Uses and may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by SHOWERGREEN.


Indemnification by User

You agree to indemnify, defend, and hold SHOWERGREEN and SHOWERGREEN's affiliates, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Services, any third party applications, software, or content you post or share on or through the Services, or breach of these Terms of Use. SHOWERGREEN reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.


Third Party Web Sites, Content and Products and Services

Hypertext links or pointers to third party web sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by SHOWERGREEN of:

the organizations that operate such web sites; the information, content, privacy policies or other terms of use on such web sites, or; such third party products and services.

As SHOWERGREEN has no control or responsibility over, and does not investigate, monitor, or check for accuracy third party web sites or information and/or content maintained by other organizations, or for products and services offered by third parties, and SHOWERGREEN does not assume any liability for your use of any of the foregoing. If you decide to exit the Services and access third party web sites, you acknowledge and agree that you do so at your own risk and you should be aware that these Terms of Use no longer govern.


Unlawful Activity

SHOWERGREEN reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action SHOWERGREEN deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.


General

These Terms of Use incorporate by reference all notices and disclaimers contained in the Services, including but not limited to the Izjava o zasebnosti and, except for any agreements with SHOWERGREEN that expressly reference these Terms of Use (i.e. the End User Licensing Agreement), constitute the entire agreement between you and SHOWERGREEN with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Use supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and SHOWERGREEN relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and SHOWERGREEN.

If any provision of these Terms of Use is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Use shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. SHOWERGREEN's failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Use shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of Spain applicable therein, without regard to conflict of laws provisions thereto. All rights and remedies, whether conferred by this agreement, by any other instrument or by law, shall be cumulative, and may be exercised singly or concurrently. The parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Las Palmas, Spain.


Force Majeure

In addition to applicable disclaimers stated above, SHOWERGREEN's performance under these Terms of Use shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labour disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.


Contact

If you have any questions or concerns about the Web Site, Services, or these Terms of Use, please feel free to contact us at info@showergreen.eu


Izjava o zasebnosti

19.09.11 as Effective Date

Introduction

We reserve the right to modify this Policy at any time, and we will notify you of any material changes to the Policy by posting the modified Policy at http://www.showergreen.eu/EN/aviso_legal.php and changing the Effective Date at the top. We encourage you to check this page periodically for any changes. This Policy is incorporated into, and subject to, SHOWERGREEN's Terms of Use at http://www.showergreen.eu/EN/aviso_legal.php. By using or navigating SHOWERGREEN's web site located at http://www.showergreen.eu or any product or service offered by SHOWERGREEN (collectively, the "Services"), you acknowledge that you have read, understand, and agree to be bound by this Policy or any modified Policy as posted. If you do not agree to these terms, please do not use or access the Services.


What information is collected?

We do not collect personally identifiable information except where you specifically provide us with such information. With your consent, we may collect your full name, e-mail address, street address, telephone number, and other contact information. We may also collect credit card information from you. We generally collect this personal information on our registration and order forms when you sign up to receive products or services through our Services.

Aggregate technical information (such as IP addresses, screen resolution, browser language, etc.) and anonymous demographic information (such as your postal or zip code, the web site that you came from, etc.) is collected during your usage of the Services.


What is done with the information collected?

We use personal information and other demographic or profile information you provide to us to fulfill your orders or requests, to attempt to prevent fraudulent transactions, to improve the content of our web page in order to enhance your experience, and to contact you when necessary.

Whenever possible, we use non-identifiable information (such as IP addresses and anonymous demographic information) rather than personal information. Non-identifiable information is used to tailor your experiences with our Services by showing content in which we think you will be interested and displaying content according to your preferences. We may use aggregate data for a variety of purposes, including analyzing user behavior and characteristics in order to measure interest in (and use of) the various portions and areas of our Services. We also use the information collected to evaluate and improve our services and analyze traffic to our Services.

Personal information collected on our Services is typically stored and processed in Spain; however, in some instances, it may be transferred, stored, and/or processed outside of Spain. It is important for you to note that the laws on holding data in Spain (or any other country in which we transfer, store or process your data) may be less stringent than the laws of your country, but SHOWERGREEN intends to adhere to the principles set forth in this Policy, unless otherwise required by applicable laws. By using our Services, you consent to the transfer of your personal information to any country in the world in accordance with the terms of this Policy.


Is information collected shared with third parties?

SHOWERGREEN may share your information with our agents, processors, or contractors in order to fulfill your purchase order. We may also transfer information between SHOWERGREEN affiliates and our related companies. You should note, however, that SHOWERGREEN is opposed to spam mail activities and does not participate in such mailings, nor do we release or authorize the use of membership data for such purposes.

We may use statistical analysis of aggregate information to inform advertisers of aggregate user demographics and behavior, as well as the number of users that have been exposed to or clicked on their advertising banners. We will provide only aggregate data from these analyses to third parties.

We may share information we collect with third party service providers to manage certain aspects of the services we provide, such as maintaining our servers and processing or fulfilling orders for products and services you purchase through the Services. We ensure that the third party service providers that we share your information with have privacy policies in place substantially similar to our own.

We may transfer your information to a third party as a result of a sale, acquisition, merger, or reorganization involving SHOWERGREEN, its affiliates, related companies, or any of their respective assets.

We may also disclose your information in special cases if required to do so by law, court order, or other governmental authority, or when we believe in good faith that disclosing this information is otherwise necessary or advisable, such as to identify, contact, or bring legal action against someone who may be causing injury to – or interfering with – the rights or property of SHOWERGREEN, the Services, another user, or anyone else that could be harmed by such activities (for example, identify theft or fraud).


Do our Services use cookies?

Yes. "Cookies" are pieces of information (actually, alphanumeric identifiers) generated by web servers and stored in your computer for future access. Cookies cannot view or retrieve data from other cookies, nor can they capture files or data stored on your computer. We, our partners, and our suppliers use cookie technology to enhance your online experience by making it easier for you to navigate through our Services or make a feature work better. We also use cookies to track affiliates that refer you to our Services. These particular cookies are saved on your computer and collect no data from you. Generally, cookies can be disabled. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you would like to use the Services, you may do so without accepting cookies. However, you should understand that if you choose not to accept cookies, some areas of the Services may not function properly or optimally and you will not be permitted to access certain secured areas of the Services.


How long is information retained?

Different information is used for different purposes, and is subject to different standards and regulations. In general, information is retained for such period of time as is felt necessary to provide you with services you request, to comply with applicable regulations or legislation, and to ensure that you have a reasonable opportunity to access the information. If you no longer consent to us retaining your personal information, you can request that it be removed by contacting us as outlined at: http://www.showergreen.eu/EN/consultas.php


Is correspondence that you send to us saved?

Yes. If you send us correspondence, including e-mails and faxes, we may retain such information along with any records of your account. We may also retain customer service correspondence and other correspondence involving you, SHOWERGREEN, our partners, and our suppliers. We may retain these records in order to provide you with services you request, to measure and improve our customer service, and to investigate potential fraud and violation of SHOWERGREEN's Terms of Use. We may, over time, delete these records.

Is information submitted in public forums confidential?

No. The Services may offer chat rooms, forums, message boards, or news groups to our users. IT IS IMPORTANT TO REMEMBER THAT ANY INFORMATION DISCLOSED IN THESE AREAS BECOMES PUBLIC INFORMATION. Accordingly, you should exercise extreme caution when deciding to disclose your personal information and you do so at your own risk.


Is the website secure?

Yes, the portions of our website (and our other Services) that handle sensitive confidential information are secure.

We are committed to maintaining the security of your information and have measures in place to protect against the loss, misuse, and alteration of the information under our control. We employ the latest and most secure techniques available for protecting our systems from intrusion by unauthorized individuals, and we are constantly upgrading our security as better methods become available. Our data center utilizes state-of-the-art physical security measures to prevent unauthorized access to the facility. In addition, all information is stored in a secure location behind firewalls and other sophisticated security systems with limited (need-to-know) administrative access. All SHOWERGREEN employees who have access to, or are associated with, the processing of personal information are contractually obligated to respect the confidentiality of your information and abide by the privacy standards we have established. Please be aware that no security measures are perfect or impenetrable. Therefore, although we use industry standard practices to protect your privacy, we cannot (and do not) guarantee the absolute security of personal information.


Does this Policy apply to other websites?

No. The Services may contain links to other Internet websites. By clicking on a third party advertising banner or certain other links, you will be redirected out of the Services and to such third party websites.

We are not responsible for the privacy policies of other websites or services. You should make sure that you read and understand any applicable third party privacy policies, and you should direct any questions concerns to the relevant third party administrators or webmasters prior to providing any personally identifiable information.


How can I unsubscribe?

With your permission, we sometimes e-mail you in order to provide targeted marketing from our Services. We only send such e-mails when you have specifically requested them. All e-mails you receive from us will include specific instructions on how to unsubscribe and you may unsubscribe at any time. Additionally, we give you the following options for removing your information from our database:

select the opt-out link at the bottom of any SHOWERGREEN e-mail and follow the instructions provided; or, contact us as directed at: http://www.showergreen.eu/EN/consultas.php


Can personal information be updated or corrected?

Yes. You may correct or update your personal information by writing to our Privacy Officer: by e-mail to info@showergreen.eu ; or, as directed at: http://www.showergreen.eu/EN/consultas.php
We value your opinion. If you have any comments or questions about our Izjava o zasebnosti, you can e-mail or write to us at the addresses above.


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