Terms of Use

FungiTecture ("we", "us", "our", "its") welcomes you to its web site (the "Website"), which is located at http://www.fungitecture.com.

1. ACCEPTANCE OF TERMS
These Terms of Use ("TOU") contain the terms and conditions governing your access to and use of the Website. Please read these TOU carefully before using the Website. If you do not read, understand, and agree to all of these TOU, you may not use the Website. By using the Website, you signify that you have read, understood and agree to all of these TOU. FungiTecture may amend these TOU at any time and without notice to you. Such amendments become effective immediately upon posting to the Website. You are advised to review these TOU from time to time to become aware of any amendments. Your continued use of the Website after amendments have been posted will constitute your acceptance of the amendments.

2. FUNGITECTURE OFFERINGS
The Website offers a rich resource of content ("Content"), facilities ("Facilities"), goods ("Goods") and services ("Services"), which may vary from time to time. The Content, Facilities, Goods and Services (collectively, the "Offerings") are offered for your personal and non-commercial use only. Unless FungiTecture has given you its express written consent, any other use, including the commercialisation, reproduction, modification, distribution, transmission, republication, display or performance of any of the Offerings is strictly prohibited. You agree to comply with all applicable laws, statutes and regulations in connection with your use of the Website and Offerings.

3. YOUR LICENSE TO USE THE WEBSITE AND THE OFFERINGS
FungiTecture solely and exclusively owns all intellectual property and other right, title and interest in and to the Website and Offerings, except as expressly provided in these TOU. You will not acquire any right, title or interest in or to any part of the Website or Offerings except as expressly provided in these TOU. FungiTecture may modify the Website and Offerings at any time and without notice to you, and will incur no liability for doing so. FungiTecture grants you a limited revocable license to access and use the Website and the Offerings for their intended purposes, subject to your compliance with these TOU. This license does not include the right to collect or use information contained in the Website for purposes prohibited by FungiTecture; to create derivative works based on the content of the Website; or to download or copy the Website other than in page caching. If you use the Website in a manner that exceeds the scope of this license or otherwise breach these TOU, FungiTecture may revoke the license granted to you.

4. ORDERING GOODS OR SERVICES
When ordering Goods or Services through the Website, you agree to do so also in accordance with FungiTecture's Terms of Sale and Terms of Service respectively.

5. FUNGITECTURE FACILITIES
FungiTecture may provide any number of Facilities on or through the Website, including but not limited to email, forums, message or bulletin boards, advertising space, events calendars and other means of communication, as well as search and shopping facilities. You understand and agree that your use of the Facilities may require communications from FungiTecture, such as administrative messages and service announcements, that these communications are a necessary part of the Facilities, and that in using the Facilities you may not opt out from receiving these communications. These TOU are additional to the specific terms and conditions that may apply to individual Facilities provided by FungiTecture. Unless explicitly stated otherwise, any new feature that augments or enhances the current Facilities (or any part thereof) shall also be subject to these TOU. You understand and agree that the Facilities are provided "as-is" and that FungiTecture assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Website and the Facilities, including all third party fees (such as Internet Service Provider and transmission charges) allowing you to access the Internet. In addition, you are responsible for providing and maintaining all equipment and software necessary for you to access Internet.

6. THIRD-PARTY FACILITIES
FungiTecture may use third parties to provide certain Facilities accessible through the Website, including but not limited to hosting, financial transactions and shipping. FungiTecture does not control these third parties or their Facilities, and you agree that FungiTecture shall not be liable to you in any way for or in your use of these Facilities. These third parties may have their own terms of use and other policies. You must comply with the terms and conditions and policies of the third parties as well as these TOU when you use the Facilities. If any such terms or policies conflict with these TOU, agreements or policies, you must comply with our TOU, agreements or policies, as applicable.

7. PROPRIETARY RIGHTS OF FACILITIES PROVIDERS
You acknowledge and agree that the Facilities and any necessary software (the "Software") used in connection with the Facilities may contain proprietary and confidential information that is protected by applicable intellectual property or other laws. You further acknowledge and agree that Content contained in advertisements or other messages presented to you through the Facilities may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FungiTecture or by the Facilities or Software provider, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Facilities or the Software, in whole or in part.

FungiTecture grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Facilities. You agree not to access the Facilities by any means other than through the interface provided by FungiTecture for use in accessing the Facilities.

8. YOUR REGISTRATION OBLIGATIONS
Although FungiTecture may allow free and unfettered access to the Website, FungiTecture will only knowingly provide the Offerings to parties that can lawfully enter into and form contracts under applicable law. If you are not of legal age, you may use the Offerings only under the supervision of a parent or legal guardian who agrees to be bound by these TOU. In using the Offerings, you represent that you are of legal age to form a binding contract and are not a person barred from receiving or using the Offerings under the laws of the State of Victoria, Commonwealth of Australia, or of your jurisdiction. You further agree to provide true, accurate, current and complete information about yourself as requested by any registration form (the "Registration Data") on the Website, and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if FungiTecture has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FungiTecture may suspend or terminate your account and refuse you any or all current or future use of the Offerings (or any part thereof), and may also seek legal or other remedy.

9. PRIVACY POLICY
FungiTecture is concerned about the safety and privacy of all its users, including children. Registration Data and other information collected from you or others is subject to our Privacy Policy. You understand that through your use of the Website or the Offerings you consent to our collection and use of this information as set forth in our Privacy Policy, which may include the transfer of information to other countries for storage, processing or other use by FungiTecture and its associates.

10. MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon completing the registration process, you will be allocated a password and account designation ("Fungitecture ID"). You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify FungiTecture of any unauthorized use of your password or account, or any other breach of security, and to ensure that you formally logoff from your account at the end of each session. FungiTecture cannot and will not be held liable for any loss or damage arising from your failure to comply with this section.

11. RESTRICTIONS ON USE
As a condition of your use of the Website and the Offerings you agree that you will not:

  1. reverse engineer or decompile (whether in whole or in part) any software available on or through the Website or the Offerings (except to the extent expressly permitted by applicable law);
  2. remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Website or the Offerings;
  3. remove any copyright, trade mark or other intellectual property right notices contained in material on the Website or the Offerings;
  4. make copies, modify, reproduce, republish, post, transmit, distribute or alter (including the creation of html links to or from the Website) all or any part of the Website and the Offerings, or any materials contained therein.

You understand that the Website and the Offerings may include security components that permit digital materials to be protected, and that the use of these materials is subject to usage rules set by FungiTecture and/or any providers of Content to the Website or the Offerings. You may not attempt to override or circumvent any of the security components or usage rules embedded into the Website and the Offerings.

12. PROHIBITED USE OF WEBSITE AND OFFERINGS
You agree to not use the Website and the Offerings to:

  1. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, limit, or destroy the functionality of any computer software or hardware or telecommunications equipment;
  2. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  3. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  4. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  5. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas that are designated for such purpose;
  6. hack into the Website, the Offerings or any of their servers or networks, or log into an account which the user is not authorized to access, or access data not intended for such user;
  7. attempt to probe, scan or test the vulnerability of a system or network or breach security or authentification measures without proper authorization;
  8. interfere with or disrupt the Website or the Offerings, or servers or networks connected to Website or the Offerings, including, without limitation, overloading, flooding, spamming, mail-bombing, or crashing;
  9. disobey any requirements, procedures, policies or regulations of networks connected to the Website or the Offerings;
  10. forge any TCP/IP packet header or otherwise alter or manipulate identifiers in order to disguise the origin of Content transmitted through the Offerings;
  11. impersonate any person or entity, including but not limited to an officer of FungiTecture, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  12. collect or store personal data about other users of the Website or the Offerings;
  13. harass, stalk, threaten or otherwise infringe the rights of others;
  14. intentionally or unintentionally violate any applicable local, state, national or international law; and/or
  15. assist or encourage any third party in engaging in any activity prohibited by these TOU.

FungiTecture will investigate occurrences that may involve such violations, and may involve and cooperate with law enforcement authorities in prosecuting users involved in such violations.

You understand that all information, data, text, software, music, sounds, photographs, graphics, video, messages, tags, or other materials ("Content") posted to the Offerings, whether publicly or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not FungiTecture, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Offerings. FungiTecture does not control the Content posted via the Offerings and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Offerings, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FungiTecture be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Offerings. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance upon the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FungiTecture or submitted to FungiTecture, including without limitation information posted on FungiTecture Message Boards.

FungiTecture reserves the right, but does not assume the obligation, to monitor transactions and communications made through the Website or the Offerings. If FungiTecture determines, in its sole and absolute discretion, that you or another user is in breach of a term or condition of these TOU, or that such transaction or communication is inappropriate, FungiTecture may cancel such transaction and take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

You acknowledge, consent and agree that FungiTecture may access, preserve and disclose your account information and Content if required to do so by law or if FungiTecture believes that such access, preservation or disclosure is reasonably necessary to comply with legal processes, to enforce the TOU, to respond to claims that certain Content violates the rights of third parties, to protect the rights, property or personal safety of FungiTecture, its users and the public, to resolve a technical problem in the operation of the Website or the Offerings, or to respond to your requests for customer service.

13. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION IN THE OFFERINGS
FungiTecture does not claim ownership of Content you submit or make available for inclusion on the Offerings. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Offerings, you grant FungiTecture the following worldwide, royalty-free and non-exclusive license(s), as applicable:

  1. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Offerings, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Offerings solely for the purposes of providing and promoting the FungiTecture Offerings to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Offerings and will terminate at the time you or FungiTecture removes such Content from the Offerings.
  2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Offerings, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Offerings solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Offerings and will terminate at the time you or FungiTecture removes such Content from the Offerings.
  3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Offerings, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Offerings are those areas of the FungiTecture network of properties that are intended by FungiTecture to be available to the general public. For example, publicly accessible areas of the Offerings would include Message Boards or Forums that are open to both members and visitors, but would not include those areas of FungiTecture limited to members, those areas of FungiTecture intended for private communication, and portions of web sites that are accessible via hypertext or other links but are not hosted or served by FungiTecture.

14. CONTRIBUTIONS TO FUNGITECTURE
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to FungiTecture, such as via email, contact or feedback pages, you acknowledge and agree that:

  1. your Contributions do not contain confidential or proprietary information;
  2. FungiTecture is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
  3. FungiTecture shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media;
  4. FungiTecture may have something similar to the Contributions already under consideration or in development;
  5. your Contributions automatically become the property of FungiTecture without any obligation of FungiTecture to you; and
  6. you are not entitled to any compensation or reimbursement of any kind from FungiTecture under any circumstances.

15. INDEMNITY
You agree to indemnify and hold FungiTecture and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including legal fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through your use of or connection to the Website or the Offerings, your violation of the TOU, or your violation of any rights of another.

16. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FungiTecture may establish general practices and limits concerning the use of the Website and the Offerings, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained or displayed by the Facilities, the maximum number of email messages that may be sent from or received by an account on the Facilities, the maximum size of any email message that may be sent from or to an account on the Facilities, the maximum disk space that will be allotted on FungiTecture's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Facilities in a given period of time. You agree that FungiTecture has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Facilities. You acknowledge that FungiTecture reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FungiTecture reserves the right to modify these general practices and limits from time to time.

17. MODIFICATIONS TO THE WEBSITE AND THE OFFERINGS
FungiTecture has the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and the Offerings (or any part thereof) with or without notice to you. You agree that FungiTecture shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website and the Offerings.

18. TERMINATION
You agree that FungiTecture may, under certain circumstances and without prior notice, immediately terminate your FungiTecture account, any associated email address, and access to the Website and the Offerings. Cause for such termination shall include, but not be limited to:

  1. breaches or violations of the TOU or other incorporated agreements or guidelines;
  2. requests by law enforcement or other government agencies;
  3. a request by you, or your parent or guardian if you are not of legal age (self-initiated account deletions);
  4. discontinuance or material modification to the Offerings (or any part thereof);
  5. unexpected technical or security issues or problems;
  6. extended periods of inactivity;
  7. engagement by you in fraudulent or illegal activities; and/or
  8. non-payment of any fees owed by you in connection with the Offerings.

Termination of your FungiTecture account may include:

  1. removal of access to all offerings within the Offerings;
  2. deletion of your password and all related information, files and content linked to your account (or any part thereof); and
  3. barring your further use of the Offerings. You further agree that all terminations shall be made at the sole discretion of FungiTecture and that FungiTecture shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Offerings.

19. NO RESALE OF THE WEBSITE OR THE OFFERINGS
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Website or the Offerings, or your use of or access to the Offerings, including your FungiTecture ID.

20. LINKS
The Website and the Offerings, including the Facilities provided by third parties, may provide links to other web sites or resources. Because FungiTecture has no control over external web sites and resources, you acknowledge and agree that FungiTecture is not responsible for the availability or performance of such web sites or resources, and does not endorse and is not responsible or liable for any content, advertising, goods, services or other materials available on or through any such web site or resource. You further acknowledge and agree that FungiTecture 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 the use of or reliance on any content, advertising, goods, services or other materials available on or through any such web site or resource.

REPRESENTATIONS AND WARRANTIES

21. MUTUAL REPRESENTATIONS AND WARRANTIES
You represent and warrant to FungiTecture and FungiTecture represents and warrants to you:

  1. that you or it has the full power and authority to enter into and perform under these TOU;
  2. the execution and performance of your or FungiTecture's obligations under these TOU do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound; and
  3. these TOU are a legal, valid and binding obligation of the party entering into these TOU, enforceable in accordance with the terms and conditions of these TOU.

22. FURTHER REPRESENTATIONS AND WARRANTIES TO FUNGITECTURE
You further represent and warrant to FungiTecture that, in your use of the Website and the Offerings, you:

  1. will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and
  2. will comply with all applicable laws, rules, and regulations;
  3. there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Content;
  4. FungiTecture will not be required to make any payments to any third party in connection with its use of your content, except for the expenses that FungiTecture incurs in providing the Offerings;
  5. the use of any instructions, formulae, recipe, recommendations, or the like contained in your content will not cause injury to any third party; and
  6. your content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

23. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:

  1. Your use of the Website and the Offerings is at your sole risk. The Website and the Offerings are provided on an "as is" and "as available" basis. FungiTecture and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. FungiTecture and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:
    1. the Website or the Offerings will meet your requirements;
    2. the Website or the Offerings will be uninterrupted, timely, secure or error-free;
    3. the results that may be obtained from the use of the Website or the Offerings will be accurate or reliable;
    4. the quality of any goods, services, information or other material purchased or obtained by you through the Website or the Offerings will meet your expectations; and
    5. any errors in the software will be corrected.
  3. Any material downloaded or otherwise obtained through the use of the Website or the Offerings is accessed at your own discretion and risk, and 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.
  4. No advice or information, whether oral or written, obtained by you from FungiTecture or through or from the Website or the Offerings shall create any warranty not expressly stated in the TOU.
  5. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on computer screens or while using the Website or the Offerings. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you experience any of the following symptoms while using the Website or the Offerings, immediately discontinue use of the service and consult your physician or a qualified medical practitioner: dizziness, eye or muscle twitches, altered vision or hallucinations, loss of awareness, disorientation, involuntary movement, or convulsions. If you, or anyone in your family, has an epileptic condition, consult your physician prior to using the Website and the Offerings.

24. LIMITATION OF LIABILITY
Subject to applicable law, you expressly understand and agree that FungiTecture and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of health, wealth, profits, goodwill, use, data or other intangible losses (even if FungiTecture has been advised of the possibility of such damages), resulting from:

  1. the use or the inability to use the Website or the Offerings;
  2. the cost of procurement of substitute goods or services resulting from any data, information, goods or services purchased or obtained or messages received or transactions entered into through or from the Website or the Offerings;
  3. unauthorized access to or alteration of your transmissions or data;
  4. statements or conduct of any third party on the Website or the Offerings; or
  5. any other matter relating to the Website or the Offerings.

25. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 23 and 24 may not apply to you.

26. SPECIAL WARNING CONCERNING FUNGI
If you intend to search for, request or receive any news, messages, alerts or other information from the Website or the Offerings concerning the handling or ingestion of fungi, please read the above Sections 23 and 24 again. They go doubly for you. The age-old adage "One man's meat is another man's poison" is particularly apt in this regard. The Website and the Offerings are provided for informational purposes only, and no Content included in the Website or the Offerings is intended for you or anyone else to act or rely upon. FungiTecture shall not be held responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available through the Website or the Offerings , and shall not be held responsible or liable for the results of any action undertaken by you or anyone else based on such information.

27. NO THIRD-PARTY BENEFICIARIES
You agree that there shall be no third-party beneficiaries to this agreement, except as otherwise expressly provided in this TOU.

28. NOTICE OF CHANGES
FungiTecture may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the Website or the Offerings.

29. TRADEMARK INFORMATION
The FUNGITECTURE trademark and service marks and other FungiTecture logos and product and service names are intellectual property of www.fungitecture.com (the "FungiTecture IP") in Australia and other countries. You agree not to display or use in any manner any FungiTecture IP without first obtaining express written consent from www.fungitecture.com.

30. GENERAL INFORMATION
The TOU constitutes the entire agreement between you and FungiTecture and governs your use of the Website and the Offerings, superseding any prior agreements between you and FungiTecture with respect to the Website and the Offerings. You may also be subject to additional terms and conditions that may apply when you use or purchase certain Goods, Services, affiliate services, third-party content or third-party software.

The TOU and the relationship between you and FungiTecture shall be governed by the laws of State of Victoria, Commonwealth of Australia, without regard to its conflict of law provisions. You and FungiTecture agree to submit to the personal and exclusive jurisdiction of the courts of Victoria, Australia.

The failure of FungiTecture to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties shall agree nevertheless that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the TOU shall remain in full force and effect.

You agree that your FungiTecture account is non-transferable and any rights to your FungiTecture ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account will be terminated and all contents therein permanently deleted.

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 Website or the Offerings must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These TOU shall not be varied unless FungiTecture has given its express written consent.

The section titles and numbering in this TOU are for convenience sake and shall have no legal or contractual effect.

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