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TERMS OF SERVICE
Hello and welcome to Innovate it AB's ("Innovate it," "we," or "us") legal page. Since the document Terms of Service contain legal obligations, please read it carefully. 1. Acceptance of Terms: Welcome to Innovate it! Innovate it, provides its Services to you, subject to the following Terms of Service, which may be updated or modified by us from time to time without prior notice to you. Thus, you are responsible for regularly reviewing the Terms of Service. By using the Services or accessing the products and services available on the Site or the Innovate it Network, you affirm that you have read and agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service and any other posted guidelines or rules applicable to any individual Innovate it web site or Services, all of which may be updated or modified from time to time without notice to you. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions. In addition, when using particular Innovate it Services, you and Innovate it shall be subject to any posted guidelines or rules applicable to such Services, which may be posted or modified from time to time without notice to you. 2. Description of Services: Innovate it currently provides users with access to a collection of on-line resources, including, various communications tools and online forums. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Innovate it web sites, shall be subject to the Terms of Service. You understand and agree that the Services are provided "AS IS" and that Innovate it assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. In order to be able to use our Services you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device. Innovate it is not responsible for such equipment, access devices, or fees. 3. Conditions and Restrictions: Use of the Services is subject to compliance with these Terms of Service. You acknowledge and agree that Innovate it may immediately terminate your access to any of the Services should you fail to comply fully with the Terms of Service or any other guidelines and rules published by Innovate it. Any such termination shall be in Innovate it's sole discretion and may occur with or without notice. Innovate it further reserves the right to terminate any user's access to any of the Services for any conduct that Innovate it, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Innovate it or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations, including (without limitation) applicable copyright law. Innovate it further reserves the right to terminate any user's access to the any of the Services for any reason or for no reason at all, in Innovate it's sole discretion, with or without notice. 4. Member Conduct: You understand that each person or entity shall be solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") that is uploaded, posted, emailed, transmitted or otherwise originating from such person or entity via the Services, whether publicly posted or privately transmitted. This means that you, and not Innovate it, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Innovate it does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Innovate it be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services. Innovate it believes that our visitors will benefit from our basic rules regarding conduct when using our Services. In order for everyone to enjoy the experience of using our Services you will follow the Terms of Service set forth in this document and all applicable local and International laws. You Agree That You Will Not Use The Service To: 1. Give your password to anyone, and you will not provide your billing or credit information except to make a purchase. 2. Harass, threaten or abuse other people when using the Services in any manner. 3. Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. 4. Post any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights. 5. Harm minors in any way. 6. Make contacts or requests of any sort to minors and/or encourage interactions with minors of a sexual nature. 7. Upload any screen names of e-mail addresses, or collect personal information for any commercial use or unlawful purposes. 8. Store personal data about any other user on the Site, or otherwise stalk or harass another user. 9. Impersonate any other person or entity, including but not limited to, a Innovate it official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 10. Forge headers or otherwise manipulate any possible identifiers in order to disguise the origin of any Content transmitted through the Services. 11. Upload, email, post, otherwise send or transmit any Content of which you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 12. Post, upload, e-mail, link to, or otherwise transmit any content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of the Services Innovate it provides or impair users' ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Innovate it Network. 13. Send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that are expressly designed for such purpose. 14. Infringe, misappropriate, or otherwise violate any existing national or international copyright, trademark, service mark, trade name or other intellectual property or proprietary rights of any person or entity whatsoever. 15. Use any automated means, including (without limitation) additional computers, software and scripts, to enhance play and increase your chances in Innovate it games and promotions. 16. Violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, regulations promulgated by the Federal Trade Commission, and any regulations having the force of law. 17. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services. 18. Transmit or link to any material that is offensive to the users of the Innovate it Network. 19. Advertise, offer for sale or link to sites that provide the following services and products: - Pornography or any kind of item or service that could be considered indecent, obscene and, or unlawful under any national or international law. - "Pirate" or counterfeit copies of copyrighted material. - Weapons, explosives or any kind of firearms. - Pharmaceuticals or controlled substances. - Stolen or counterfeit items. - Items that could be considered dangerous or harmful. - Any items that requires a license to sell and which you do not have. In other words you are not allowed to sell any items you do not have the legal right to sell. 5. Content: You acknowledge and agree that Innovate it and its designees shall have the right, but not the obligation, to refuse to publish, remove, or block access to any Content that is available via the Services at any time and without notice, for any reason. Without limitation, Innovate it and its designees shall have the right, but not the obligation, to refuse to publish, remove, or block access to any Content that violates the Terms of Service or is otherwise objectionable as determined by Innovate it, in its sole discretion. Innovate it also shall have the right to terminate access to, or membership in, the Innovate it Network, or any portion thereof, for violating these Terms of Service, including (without limitation) violations related to infringement. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge and agree that you will not rely on any Content created by or obtained through the use of the Services, including without limitation information in Chat, Message Boards, Clubs, and in all other parts of the Services, and any reliance on such Content will be at your own and sole risk. You acknowledge and agree that Innovate it may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms of Service; (3) respond to claims that any Content violates the rights of third-parties; or (4) protect the rights, property, or personal safety of Innovate it, its users and the public. You understand that the technical processing and transmission of the Services, including your Content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge and agree that our Services are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security, for which Innovate it is not responsible. 6. Ownership of Copyrights, Trademarks and Other Intellectual Properties: You acknowledge and agree that Innovate it owns all U.S. and international copyright and all other intellectual property rights to this Site and the Innovate it Network and all materials provided on this Site and the Innovate it Network, unless otherwise expressly indicated. All rights are reserved by Innovate it. "INNOVATE IT" is a service mark of Innovate it. 7. Indemnity: You understand that you are personally responsible for your behavior while using our Services. You agree to indemnify and hold Innovate it, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, employees and agents, 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 Services, your use of the Services, your connection to the Services, your violation of the Terms of Service, or your violation of any rights of another. You agree to pay any and all taxes, duties and/or governmental charges such as income, sales, use, excise, value added, goods and services, and consumption taxes related to your participation in a rewards program as may be applicable, and in respect of the issuance or redemption of points pursuant thereto. YOU AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 8. No Copying Or Resale Of Services: You agree not to reproduce, duplicate, copy, download, disseminate, publish, transfer, sell, resell or exploit for any purposes whatsoever, any portion of the Services, use of the Services, or access to the Services. You may, however, copy or store the Services, or any portion thereof, for personal use only. You agree not to reverse engineer, decompile, disassemble or otherwise modify the Services, or attempt to do any of the foregoing, in any manner whatsoever without the express prior written consent of Innovate it. 9. Advertisers and Content Linked to the Innovate it Network: Solely as a courtesy to you, Innovate it may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Innovate it does not approve or have any control over such sites and resources, you acknowledge and agree that Innovate it is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Innovate it shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Thus, use of those sites or any information obtained from those sites is voluntary, and any reliance on the same should be undertaken only after an independent review of its accuracy, completeness, efficacy and timeliness. 10. Concerning Your Dealings With Advertiser: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Innovate it shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services. Innovate it encourages you to exercise discretion while using the Services to browse the Internet. Innovate it may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Innovate it makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the Innovate it Network web sites. Innovate it shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the Innovate it Network' search results or otherwise linked to the Innovate it Network web sites or provided to the Innovate it Network by third parties. 11. Alterations Of Service: Innovate it reserves the right at any time and from time to time to alter, modify, discontinue or suspend, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Innovate it shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. In our discretion, we may provide notices of changes to these Terms of Service or other matters at any time by displaying notices or links generally on the Site or Innovate it Network. You agree to be bound by such notices. 12. DISCLAIMER OF WARRANTIES: YOU UNDERSTAND AND AGREE THAT: WHILE WE TRY TO PRESENT ACCURATE AND RELIABLE INFORMATION ON OUR SITE AND INNOVATE IT NETWORK, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, EFFICACY, TIMELINESS OR CORRECT SEQUENCING OF SUCH INFORMATION. INNOVATE IT HAS NO DUTY TO UPDATE THE INFORMATION CONTAINED ON OUR SITE OR INNOVATE IT NETWORK, AND WE ARE NOT LIABLE TO YOU FOR ANY OUTDATED OR OTHER INACCURATE INFORMATION CONTAINED HEREIN. YOU USE THE SERVICE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. INNOVATE IT DISCLAIMS ALL WARRANTIES. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, AND SYSTEM INTEGRATION, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES OF AGAINST INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, INNOVATE IT MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE SECURE, RELIABLE, TIMELY, OR ERROR FREE, (3) THE RESULTS THAT MAY BE OBTAINED BY THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED VIA THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED VIA THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED VIA THE SERVICES WILL MEET YOUR EXPECTATIONS. INNOVATE IT SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT INNOVATE IT DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL VIA THE SERVICES INCLUDING, WITHOUT LIMITATION, THE STATUS OF A PRODUCT OR SERVICE AS "FREE." INNOVATE IT DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. INNOVATE IT MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY INNOVATE IT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. INNOVATE IT EXPRESSLY DISCLAIMS ANY ENDORSEMENT, RECOMMENDATION, GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN RESPECT OF, OR RESPONSIBILITY FOR ANY ACTION OR INACTION OF ANY PARTY INCLUDING WITHOUT LIMITATION ADVERTISERS, PARTNERS, PARTICIPATING MERCHANTS, MANUFACTURERS OR SUPPLIERS OR ANY PRODUCTS OR SERVICES SUPPLIED BY SUCH PARTIES. 13. LIMITATION OF LIABILITY: YOU UNDERSTAND AND AGREE THAT: UNDER NO CIRCUMSTANCES SHALL INNOVATE IT BE LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INNOVATE IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE 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 SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE INNOVATE IT NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGH THE INNOVATE IT NETWORK. UNDER NO CIRCUMSTANCES SHALL INNOVATE IT BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU OR ANY OTHER PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (B) $US 100. 14. Limitations And Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 15. Violations Of Terms Of Service: Should you violate these Terms of Service or any other rights of Innovate it and the Innovate it Network, Innovate it reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Innovate it Network of web sites. 16. Copyrights and Copyright Agent: If you believe that your work has been copied in a manner that constitutes copyright infringement, you must provide our copyright agent, designated below, with the following information:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
The above notice should be sent to:
Innovate it AB Upon receipt of the above written notification, Innovate it shall:
1. remove or disable access to the material that is alleged to be infringing; In response, the alleged infringer may provide a counter notification, which must contain the following information:
1. a physical or electronic signature of the alleged infringer; Upon counter notification, Innovate it shall:
1. promptly provide the complaining party with a copy of the counter notification; 17. General: THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS IN THE COUNTRY OF SWEDEN WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES. These Terms of Service, as amended from time to time, set forth the entire understanding between the users and Innovate it and supersede any and all prior or contemporaneous agreements or understandings between you and Innovate it, whether oral or written, as to the subject matter of these Terms of Service. If any provision of these Terms of Service or the application thereof to any user or circumstances shall to any extent be held to be invalid or unenforceable, the remainder of these Terms of Service, or the application of such provisions to persons or circumstances as to which it is not held to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and be enforced to the fullest extent permitted by law. ALTHOUGH YOU ACKNOWLEDGE THAT WE WILL HAVE THE ABILITY TO ENFORCE OUR RIGHTS IN ANY COURT OF COMPETENT JURISDICTION, YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN SWEDEN, REGARDING ANY AND ALL DISPUTES RELATING TO THESE TERMS OF SERVICE, YOUR USE OF THE SITE OR ANY SITE ON THE INNOVATE IT NETWORK, THE SERVICES OR THE REWARDS PROGRAM. No waiver of these Terms of Service will be valid, except in the event that the waiver is in writing and signed by an officer of Innovate it, and no waiver shall be of ongoing application. If the performance by Innovate it of the Terms of Service or any obligation thereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of Innovate it, you shall excuse, without further action or notice, Innovate it's performance to the extent of such prevention, restriction or interference. 1317451.v3
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