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Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.

This agreement states the Terms of Use (“Terms”) under which you (“you” or “User”) may use the TinyHandsMail.com website(s) (“Website” or “Website(s)”) and Services (defined below). TinyHandsMail.com is owned and operated by Rise and Write, LLC (“We” or “RAW”), a Texas limited liability company. By using the Website(s), Content or Services, you represent that you have read and understand the Terms of Use and Privacy Policy, and you are agreeing to be legally bound by the provisions herein and therein. If You do not accept the Terms stated here, you may not use the Website(s) or Services. Users who, in RAW’s sole discretion, violate these Terms may have their access and use of the RAW Sites suspended or terminated.

Services. This agreement provides You with access and usage of an Internet-based services that include, among other services identified on the website(s) from time-to-time, the ability to allows you to send Postcards with your thoughts, opinions, praise, and dissatisfaction (“correspondence”) to Government Officials using just your phone or computer (the “Services”).

UNDER NO CIRCUMSTANCES MAY THIS SERVICE BE USED FOR ANY UNLAWFUL PURPOSE, INCLUDING BUT NOT LIMITED TO: THREATENING ANY PERSON OR ENTITY WITH ANY KIND OF HARM OR INJURY; NOR TO SLANDER SOMEONE BASED ON SEXUAL ORIENTATION, RELIGION, RACE, OR CULTURAL BACKGROUND.

By using the Website(s), you represent and warrant that all information you provide to RAW is accurate and current and that you are an individual or entity interested in sending thoughtful correspondence to Government Officials. You acknowledge, understand and agree that RAW has no control over, nor the obligation to screen, the content of the correspondence. RAW makes no covenant or promise that the correspondence will be delivered to your intended recipient. RAW assumes no responsibility for and disclaims all liability for the content, accuracy, thoroughness, legality, reliability or availability of any correspondence, information, website or advertisement that is in any way associated with, linked to or present with RAW, our Website(s) or otherwise.

Age Requirement. All people deserve to have their voices heard. However, if you are under the age of legal majority in your jurisdiction, a parent, legal guardian or other responsible adult must agree to these terms on your behalf. If you are under the age of 14, you must use the Website(s) under the supervision of a parent, legal guardian, or other responsible adult. By visiting the Website(s) or accepting these Terms, you represent and warrant to RAW that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms, and/or to agree to these Terms on behalf of a supervised minor. You also represent and warrant that you will use the Website(s) in a manner that does not violate any applicable laws and regulations.

USE OF SERVICE

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RAW does not employ, recommend or endorse any potential recipient of the correspondence. RAW shall not be responsible for the conduct, activities or representations of any person or entity.

Use of RAW Services and Website(s). RAW’s Website is for your personal, non-commercial use only. If you wish to make commercial use of the Website, or if you wish to purchase RAW services utilizing the Website, you must enter into a written agreement with RAW to do so in advance. We reserve the right to terminate users, reclaim usernames or URLs for any or no reason. You are granted a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Website solely for your personal and non-commercial use for yourself or within your organization. The contents and software code of the Website(s) (“Content”) are protected under intellectual property laws and any other relevant laws of the United States and foreign countries/jurisdictions. You expressly agree not to sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use or misuse the Content in any way, whether for any public or commercial purpose, in connection with products or services that are not those of RAW.

User Information. Some parts of the Website may allow Users to post information (including, but not limited to: words, thoughts, opinions, praise, quotes and dissatisfaction (“Content”). This Content is provided by outside contributors. These contributors may, from time-to-time, post Content that is misleading, deceptive, or inaccurate. RAW does not endorse and is not responsible for any advice, information, statement or opinion contained in the Content submitted to the Website by any User or third party. You acknowledge that by accessing or otherwise interacting with or receiving correspondence originated at the Website, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that RAW shall have no liability to you for the Content including, but not limited to explicit language, threats and other potentially offensive or misleading material. See also, the Privacy Policy.

To avoid potential identify theft or other unwanted privacy issues, You are prohibited from posting any Content containing specific personal identification information such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. RAW may remove such information but does not have any obligation to do so, undertakes no responsibility and disclaims all liability for the posting of such numbers.

RAW, although under no obligation to monitor Content, reserves the right to delete any Content that RAW deems in its sole discretion is undesirable, inappropriate, in violation of the Terms, or for any or no reason. If you believe a message violates our policies, please inform RAW and RAW may, in its sole discretion, decide whether to alter or delete any content.

RAW reserves the right to disclose all Content and other relevant information to any third party in order to provide the Services; to protect itself, its partners and its Users and/or visitors; and to comply with legal obligations or governmental requests. RAW may honor court-mandated requests to reveal a user’s electronic address and identity. See the Privacy Policy.

You are required to provide an email that is accurate and current, with complete information about You as prompted on the Website and by RAW. You agree to keep your username and password, if any, confidential and shall not transfer, assign or resell your right to access and use the Website(s) to any third party. RAW disclaims all liability if your email is used improperly by a third party. RAW may terminate users, usernames or URLs at any time for any or no reason.

User Responsibilities. User (i) shall keep its passwords secure and confidential; (ii) shall use reasonable efforts to prevent unauthorized access to his/her account, and notify RAW promptly of any such unauthorized access; (iii) shall use the Service only in accordance with applicable laws, including the laws of the state of Texas, federal law, international law and RAW policies; (iv) shall use the Website(s) and Services only for its stated purpose; (v) shall keep your profile information accurate and current; (vi) shall only post information and materials to which you have a legal right to post; or (vii) shall bear the risks of any reliance on or use of any User Content or any information provided by any person or entity other than RAW.

ACTIONS EXPRESSLY PROHIBITED. The Services and Content shall only be used by persons and entities wishing to express thoughts, opinions, praise, and dissatisfaction to Government Officials. RAW specifically prohibits any other use of the RAW Website(s). USERS MAY NOT use any RAW Website(s), Content or Services to transmit, post, distribute, store or destroy material (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; (iii) THAT IS UNLAWFUL, FRAUDULENT, DISCRIMINATORY, THREATENING, ABUSIVE, LIBELOUS, DEFAMATORY, OBSCENE OR OTHERWISE OBJECTIONABLE OR THAT CONTAINS SEXUAL, ETHNIC OR RACIAL OR OTHER DISCRIMINATING SLURS, OR MATERIAL WHICH IS NOT RELEVANT (IN RAW’S SOLE DISCRETION), OR WHICH IS OTHERWISE IN VIOLATION OF THE LAW; and (iv) that contains proprietary information, trade secrets or confidential information. USER CONTENT MAY NOT contain any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by RAW), or encourage, facilitate or cause spamming or flooding. You agree that RAW may reject or remove any job listing or any screening questions from the Website for any or no reason. You shall indemnify and defend RAW, its agents, affiliates, and licensors from any third party claim or liability (including, but not limited to reasonable legal and attorneys’ fees) arising out of your posting a job on RAW or using screening questions.

Further, USERS ARE ALSO PROHIBITED FROM (i) violating or attempting to violate the security of any Website; (ii) accessing the Website(s) except through the interface provided by RAW; (iii) interfering with or disrupting the Website, servers or networks connected to RAW; (iv) accessing data not intended for Users or logging into a server or account which the User is not authorized to access; (v) transmitting or uploading any harmful code (including, but not limited to viruses, “Trojan horses”, “worms”, “time locks” or “bombs”, or any other harmful or unapproved code) or use or misappropriate the data on the Website for Your own commercial gain; and (vi) generating or assisting with the creation of unsolicited mail, faxes, or email (this includes no violations of the USA CAN-SPAM Act or any other anti-spam law then in effect). Any violation of system or network security may result in civil and/or criminal liability. RAW reserves the right to limit or restrict your access to the Website and Content and may conduct investigations into potential violations of security. Notwithstanding any other provision of the Terms or Privacy Policy, RAW may use User information and content in relation to civil or criminal suits for suspected violations of these Terms or security provisions.

USERS SHALL NOT do any of the following: (i) use the Content to sell or promote any products or services; (ii) use the Website(s) for commercial purposes; (iii) post or submit any false or inaccurate information or information which is not your own; (iv) delete or revise any material posted by any other person or entity; (v) use or attempt to use any engine, software, tool, agent or other device (including, but not limited to: browsers, spiders, robots, avatars or intelligent agents) to navigate or search any RAW Website(s) other than search engines (e.g., Firefox, Internet Explorer) (vi) decompile, disassemble or reverse engineer any of the software that is associated with or used by RAW; or (vii) aggregate, copy or duplicate in any manner any of the Content or information available from any RAW Website, without express written consent from RAW.

Use of Content; Indemnification. RAW will not reveal your name, physical address or email address to any person or entity, unless compelled to do so by a legitimate governmental process. However, to the maximum extent permitted by law, if you post content or submit material to RAW, including, but not limited to material subject to or potentially subject to copyright, trademark, patent or other intellectual property rights, including material you submit for the correspondence, you grant RAW a nonexclusive, worldwide, perpetual, irrevocable (except as described below), fully paid, royalty-free, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, you may grant RAW, its affiliates (if any), and sublicensees (if any) consent to use your name and/or user name in connection with the Content. You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the posting of your Content on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on or through the Website. You agree to defend and indemnify RAW and its affiliates (if any) from any claims resulting from any Content or materials you provide hereunder. If you wish to revoke your license grant for any such Content, please send a written request to the principal business office with a detailed statement about your rights in the material, all your contact information, a copy of your photo identification, a request for removal of such Content, and identify the Content with specificity for which the license is being revoked. RAW may request additional information from you and there may be a reasonable charge assessed for responding to and executing such a request.

User has a duty to notify RAW immediately, in writing, upon User’s belief or accusation by any entity or government office that User is in violation of any law. User understands that RAW is merely and only providing a web-based software service and does not sell any particular good.

User Sharing, Liability Release. Notwithstanding any other provision herein, RAW will not share or make publicly available (beyond the intended recipient persons and/or organizations) your Content with your name and personally identifiable information without your consent. You may share your Content and correspondence in any platform, however RAW DISCLAIMS – TO THE FULLEST EXTENT PERMITTED BY LAW - ANY RESPONSIBILITY FOR ANY RESULT OR UNDESIRABLE CONSEQUENCE OF YOUR DECISION TO SHARE YOUR CONTENT, AND YOU RELEASE, DEFEND AND FOREVER HOLD RAW, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS HARMLESS FOR ANY AND ALL LIABILITY OR INJURY CAUSED OR ASSOCIATED WITH YOUR SHARING OF CONTENT, WHETHER THE LIABILITY OR INJURY IS TO YOU DIRECTLY OR ANY OTHER PERSON OR ENTITY.

Aggregate Data. RAW may use - during and after this agreement - all aggregate non-identifiable data in the Services for purposes of enhancing the Services, technical support and any other business purpose.

WARRANTY DISCLAIMER. THE SERVICES AND PRODUCTS, WEBSITE, MATERIALS, INFORMATION, AND USER CONTENT INCUDED IN THE WEBSITE ARE PROVIDED “AS IS”, AND RAW DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, THE EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WHILE RAW TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, RAW DOES NOT GUARANTY THAT THE SERVICE CANNOT BE COMPROMISED AND DISCLAIMS ANY AND ALL WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, PERFORMANCE OF SERVICES, OR INFORMATION OBTAINED THROUGH THE SERVICES, ADVERTISEMENTS OR LINKS PROVIDED. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, OR THAT RESULTS FROM THE USE OR DOWNLOAD OF SUCH MATERIAL OR DATA.

RAW DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THE RAW RESULTS OR POSTED ON THE WEBSITE BY RAW, USERS OR THIRD PARTIES. RAW DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. RAW DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING, ACCESSING OR SHARING OF ANY INFORMATION OR MATERIAL ON THE WEBSITE OR ON OTHER SITES ON THE INTERNET ACCESSED THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL RAW BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE RAW WEBSITE AND/OR CONTENT.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL RAW OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, OR THE SHARING OF CONTENT ON OTHER PLATFORMS (e.g., social media), ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF RAW OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION, SERVICE OR PRODUCT THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, under no circumstances shall RAW or its licensors 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, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

INDEMNIFICATION YOU HEREBY AGREE TO HOLD HARMLESS AND INDEMNIFY RAW AGAINST ANY AND ALL EXPENSES (INCLUDING ATTORNEYS' FEES), WITNESS FEES, DAMAGES, JUDGMENTS, FINES AND AMOUNTS PAID IN SETTLEMENT AND ANY OTHER AMOUNTS THAT RAW BECOMES LEGALLY OBLIGATED TO PAY BECAUSE OF ANY CLAIM OR CLAIMS MADE AGAINST OR BY RAW IN CONNECTION WITH ANY THREATENED, PENDING OR COMPLETED ACTION, SUIT OR PROCEEDING, WHETHER CIVIL, CRIMINAL, ARBITRATIONAL, ADMINISTRATIVE OR INVESTIGATIVE (INCLUDING AN ACTION BY OR IN THE RIGHT OF RAW) TO WHICH RAW IS, WAS OR AT ANY TIME BECOMES A PARTY, OR IS THREATENED TO BE MADE A PARTY, BY REASON OF THIRD PARTY CLAIMS OR YOUR USE OF THE WEBSITE(S), CONTENT AND SERVICES, INCLUDING, BUT NOT LIMITED TO COMMUNICATIONS WITH OTHER USERS AND SHARING OF CONTENT ON OR IN OTHER PLATFORMS.

CLAIMS OF INFRINGEMENT

US The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by RAW infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow RAW to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send RAW a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Please consult your legal counsel before filing a notice or counter-notice. There can be penalties for false claims under the DMCA.

Other Claims of Infringement. For claims of infringement that do not involve US copyrights, please contact us via our Website.

PAYMENT

You shall be charged for the Services in the manner indicated on the Website(s) and payment must be made in United States Dollars. If you owe a balance to RAW, you agree to pay this balance within seven (7) calendar days of the date the balance becomes due and owing. Failure to pay a balance owed to RAW may result in RAW terminating your use of the Website(s) and Services, at RAW’s sole discretion, and a collections process. You waive all claims relating to charges unless claimed within 60 days after the charge. You are responsible for paying for all reasonable expenses and attorney’s fees associated with collecting any amounts due and owing. You agree that you will not cancel credit card charges via arrangements with your credit card issuer. Refunds (if any) are at the sole discretion of RAW and only in the form of credit for the Services. You acknowledge and agree that any credit card and related billing and payment information that you provide to RAW may be shared by RAW with companies who provide services to RAW or you, (for example, payment processors and/or credit agencies), solely for the purposes of checking credit, effecting payment to RAW and servicing your account. RAW may also provide such information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. RAW shall not be liable for any use or disclosure of such information by such third parties.

GENERAL PROVISIONS

Governing Law; Venue. This Agreement and any dispute arising out of or in connection with this Agreement will be governed by and under the laws of the State of Texas, U.S.A., without giving effect to conflicts of law principles. Any and all actions, lawsuits, or other legal proceedings related to such dispute shall be filed exclusively in the federal or state courts located in Travis County, Texas. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas.

Notices. Any notices to RAW must be sent to the RAW business address via certified mail return receipt requested or overnight courier, and are deemed given upon receipt. Any notices to you shall be to the email address specified by and linked to your account.

Nonassignment. You may not assign or delegate any of your rights or obligations hereunder without RAW’s prior written consent and any such attempt is void. RAW may freely assign or delegate its rights and obligations hereunder without notice to you.

Independent Contractors. You and RAW are independent contractors with respect to each other.

Revision. RAW reserves the right to change our Terms and Privacy Policy at any time. We encourage you to refer to the Terms and Privacy Policy on an ongoing basis so that you understand our current Terms and Privacy Policy. Your continued use of the Website(s) or Services shall be deemed acceptance of any revised provisions of the Terms or Privacy Policy.

Material To Agreement. YOU UNDERSTAND AND ACKNOWLEDGE THAT PROVISIONS INCLUDING, BUT NOT LIMITED TO WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION ARE MATERIAL TO THIS AGREEMENT AND RAW WOULD NOT ENTER INTO CONTRACT WITH USER WITHOUT THESE PROVISIONS.

Entire Agreement; Severability. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by RAW. This Agreement, together with any amendments and any additional agreements you may enter into with RAW in connection with the Website, shall constitute the entire agreement between you and RAW concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

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