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Terms of Use

Rebuilding Management, L.L.C. – Terms and Conditions

Welcome to www.rebuildingmanagment.com!

This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at www.rebuildingmanagement.com. We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting. These Terms & Conditions were last updated on 6/6/2008.

ACCESS TO SITE

To access the site, you must have access to a compatible web browser. You are responsible for obtaining and maintaining all Internet access services, computer hardware, software and other equipment and services needed for access to and use of this site and paying all charges related thereoto

REGISTRATION:

In order to access Rebuilding Management’s Enterprise Resource Planning (ERP) System and certain other features of this site you may be required to register and obtain a unique user name and password. Upon your registration, you may choose your own password or Rebuilding Management will assign you a password to access the Rebuilding Management services through the Rebuilding Management Web site. In connection with any such registration, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form: and maintain and promptly update such information to keep it true, accurate, complete and current. If you provide any information that is untrue, inaccurate, not current or incomplete, Rebuilding Management has the right to suspend or terminate your account and refuse any and all current and future use of this site or any portion hereof.

You are solely responsible for maintaining the strict confidentiality of your username and password and for any charges, costs, expenses, damages, liabilities and losses incurred or suffered as a result of your failure to do so. Furthermore, you are entirely responsible for any and all activities that occur under your username and password and for ensuring that use of your account complies fully with these Terms. To reduce the risk that others will gain unauthorized access to your account, you must ensure that you "log out" from your account at the end of each session. You further agree to promptly notify Rebuilding Management of any unauthorized use of your account or any other breach of security. You may not use anyone else’s account, at any time, without permission of the account holder.

REBUILDING MANAGEMENT SERVICES. Rebuilding Management has developed an Enterprise Resource Planning (ERP) System, which is an intuitive, comprehensive property damage survey process and photo management system that is specifically designed for the renovation of damaged or destroyed homes as well as new construction replacement housing. Rebuilding Management developed this unique program initially, to assist homeowners in the Greater New Orleans metropolitan area in their efforts to rebuild or renovate their property, however, this program can now be used in any comparable situation throughout the United States.

The Rebuilding Management ERP System and program provides Not-for-Profit organizations ("NFP") with a cost estimate, based upon a field survey conducted by the NFP as agent of the homeowner, to either rebuild or renovate their damaged homes. The system also provides the homeowner, through their NFP agent, the opportunity to contract with licensed and approved contractors to construct improvements to their homes. As part of the contracting process, the NFP will deposit their funds in an escrow account with Enterprise Bank & Trust, 2005 N. Burlington, N. Kansas City, MO 64116 ("Escrow Agent") and engage Suppliers ("Suppliers") and Contractors ("Contractors"), collectively referred to as Vendors ("Vendors"), to provide the materials, equipment and labor necessary to rebuild or renovate the properties enrolled in the RM program by the NFP for their homeowner/clients. The NFP’s will have authority to disburse the escrow funds, through Rebuilding Management’s system, to pay for materials and labor provided by Vendors. The program developed by Rebuilding Management will eliminate the necessity for Vendor to investigate or rely on the credit of the NFP because the funds required to pay for Vendor’s products and services will be escrowed and NFP shall have authority, through Rebuilding Management’s system, to approve and direct disbursement prior to a purchase order(s) being placed with Vendor.

INFORMATION YOU PROVIDE TO US.

Upon using the Rebuilding Management services, you will be prompted to disclose certain information about your organization and it’s requirements, and you will be able to store information, such as your state of organization, your full and complete legal name, your contact information, your employee identification number (EIN) and the names and titles of your employees authorized to access and use our Web site. Some of this information will be provided to suppliers and contractors (Vendors) who will need this information to respond to your business needs. By providing this information to us, you are requesting, and you expressly consent to communicating with us and our vendor partners via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing your company profile information, you are entering into a relationship with Rebuilding Management and its partners and thus agree to be contacted by Rebuilding Management and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Rebuilding Management has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rebuilding Management has the right to refuse any current or future use of the Rebuilding Management services (or any portion thereof) by you. You are responsible for any use of the Rebuilding Management services by persons to whom you intentionally or negligently allow access to your password.

YOU’RE USE OF THE REBUILDING MANAGEMENT SERVICES.

You acknowledge and agree that your use of the Rebuilding Management ERP System and services is for your company’s use. You agree that all of the content and information posted on the Rebuilding Management Web site is the sole and exclusive property of Rebuilding Management, and that you have no right to reproduce, post, publish or otherwise use such information other than for your company’s use relating to your information. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Rebuilding Management for any such damages, and will indemnify Rebuilding Management in the event of any third party claims against Rebuilding Management based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Rebuilding Management Web site and services at any time. All information is confidential and for your company’s use only. If it is determined or suspected by Rebuilding Management in its sole discretion that you are misusing or attempting to misuse or circumvent the Rebuilding Management services or system, or are using or attempting to use them for any inappropriate purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Rebuilding Management reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO REBUILDING MANAGEMENT AND IT’S PARTNERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION INCLUDING BUT NOT LIMITED TO SOME OTHER COMPANY’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO REBUILDING MANAGEMENT AND EACH REBUILDING MANAGEMENT SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF REBUILDING MANAGEMENT AND EACH OF THE AFFECTED AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE.

Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Rebuilding Management server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Rebuilding Management Web site or any other Rebuilding Management owned, operated licensed or controlled site. Elements of Rebuilding Management Web sites are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Rebuilding Management web Site may be copied or retransmitted unless expressly permitted by Rebuilding Management. REBUILDING MANAGEMENT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. REBUILDING MANAGEMENT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE REBUILDING MANAGEMENT WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REBUILDING MANAGEMENT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

LINKS TO THIRD PARTY SITES.

The links in the Rebuilding Management Web site will let you leave Rebuilding Management's Web site. The linked sites are not under the control of Rebuilding Management and Rebuilding Management is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Rebuilding Management is not responsible for webcasting or any other form of transmission received from any linked site. Rebuilding Management is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rebuilding Management of the site.

SERVICE PROFESSIONAL PRE-SCREENING PROCEDURES AND DISCLAIMERS.

Rebuilding Management uses the following criteria as part of its registration enrollment process ("registration") for new service professionals applying for membership in our network:

Licensing - Rebuilding Management requires at the time of registration by suppliers or contractors, that they have the appropriate business licensing. However, we recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. We recommend you confirm these licensing requirements before proceeding with your project. We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. We always recommend that you ask the business to provide you with a copy of their license.

Insurance/Bonding - Where relevant, Rebuilding Management confirms general liability insurance coverage or bonding information at the time of their registration with Rebuilding Management. Rebuilding Management confirms such coverage via the vendor’s insurance agent. Rebuilding Management does not confirm general liability coverage for certain categories of service professionals where such coverage is deemed not relevant, including but not limited to: Inspectors; Appraisers; Architects; Engineers; Consultants; Home Maintenance Services; Designers; Pre-Manufactured Cabinet Makers; Organizers; Permit Services; Disability Planners; Alarm System Monitors; Toxic Materials; Toxic Material Testing.

Profiles/Ratings and Reviews: Rebuilding Management allows Vendors to post profiles about themselves and their business on the Rebuilding Management Web site. Rebuilding Management does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Vendor. All Ratings & Reviews of a Vendor displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Rebuilding Management. Rebuilding Management disclaims any and all representations or warranties with regard to the Ratings & Reviews.

The above procedures may change from time to time at the sole discretion of Rebuilding Management. Rebuilding Management believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that Vendors are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, Rebuilding Management advises consumers to check these matters for themselves especially at future dates. Rebuilding Management does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Rebuilding Management checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

VENDORS, SUPPLIERS AND CONTRACTORS

You acknowledge, agree and understand that Rebuilding Management has no control over or responsibility or liability for any product, material, labor or service provided or furnished by any Vendor, Supplier or Contractor utilizing Rebuilding Management’s Web site or any act or omission by any such Vendor, Supplier or Contractor. Each NFP and homeowner agree to look solely to such Vendors, Suppliers and Contractors for the quality, workmanship and acceptability of all products, materials, services and labor provided by all such Vendors, Suppliers and Contractors. You further agree, acknowledge and understand that Rebuilding Management does not warrant or guaranty the merchantability or fitness for a particular purpose of any product, material, service or labor provided or supplied by any Vendor, Contractor or Supplier.

DISCLAIMER OF WARRANITES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE ERP SYSTEM IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REBUILDING MANAGENT EXPRESSLY DISCLAIMS ALL WARRANITES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INLCUDING, BUT NOT LIMITED TO THE IMPLIED WARRANITES OF MERCHANTABILITY, FTNEES FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

REBUILDING MANAGEMENT MAKES NO WARRANTY THAT (I) THE ERP SYSTEM WILL MEET YOUR REQUIREMENTS, (II) THE ERP SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ERP SYSTEM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ERP SYSTEM WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ERP SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REBUILDING MANAGEMENT OR THORUGH OR FROM THE ERP SYSTEM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGEREE THAT REBUILDING MANAGEMENT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGE FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REBUILDING MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE ERP SYSTEM, (II) THE COST OF PROCUREMENT OF SUBSITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ERP SYSTEM, (III) UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR TRANSMISISONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY UTILIZING THE ERP SYSTEM, OR (V) ANY OTHER MATTER RELATING TO THE ERP SYSTEM.

DISCLAIMER: REBUILDING MANAGEMENT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

INDEMNIFICATION.

YOU AGREE TO INDEMNIFY REBUILDING MANAGEMENT, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE REBUILDING MANAGEMENT SERVICES OR IN CONNECTION WITH THE REBUILDING MANAGEMENT WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

GENERAL PROVISIONS.

You acknowledge and agree that the Rebuilding Management services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Rebuilding Management's sole obligation to you or any third party for any claim arising out of your use of the Rebuilding Management services or the Rebuilding Management Web site, is that you are free to discontinue your use of the Rebuilding Management services or the Rebuilding Management Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, REBUILDING MANAGEMENT EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT REBUILDING MANAGEMENT SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF REBUILDING MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

You agree that, except, and as otherwise expressly provided in these Terms of Use, there shall be on third party beneficiaries to this Agreement.

NOTICE

Rebuilding Management may provide you with notices, including notices regarding changes to these Terms of Use, by e-mail, postal mail, or postings on this Web site.

TRADEMARK INFORMATION

The Service trademarks and service marks and other Rebuilding Management logos and product and service names are trademarks of Rebuilding Management (the "RM Marks"). Without Rebuilding Management’s prior permission, you agree not to display or use in any manner, the RM Marks. Other trademarks and services marks are the property of their respective owners, and are used by permission of the owners.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OR COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGMENT

Rebuilding Management respects the intellectually property of others, and we ask our users to do the same. Rebuilding management may, in appropriate circumstances and at its discretion, disable and or terminate the registration of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise violated, and that Rebuilding Management and/or the ERP System was involved in the alleged infringement, please notify Rebuilding Management of any such claim.

The Terms and Conditions will inure to the benefit of Rebuilding Management's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Rebuilding Management to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Rebuilding Management services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Missouri, as such laws are applied to agreements entered into and to be performed entirely in the State of Missouri. You agree that any claim arising under these Terms and Conditions will be brought solely in a court in Missouri.

Changes in Terms and Conditions

From time to time, we may make changes to our Terms and Conditions of Use. If we make changes, we will post them on our Site to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it. A user is bound by any minor changes to the policy when they use the Site after those changes have been posted. If, however, we are going to use users’ personally identifiable information in a manner materially different from that stated at the time of collection, we will notify by posting a notice on our Web Site for 30 days.

Contacting our Web Site

If you have any questions about this Terms and Conditions Use Agreement, the practices of our Site, or your dealings with this Web Site, please contact us at: www.rebuildingmanagement.com (115 Blue Jay Drive, Liberty, MO 64068).

This Terms and Conditions of Use Agreement is effective July 15, 2008.



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