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Terms of Service

Last updated: 3/31/2023

The following terms and conditions (the “Terms of Use”) apply to http://www.drinkwynk.com (the “Site”). The Site is the property of AG TECH VI, LLC & CANVAS 340, LLC and its affiliates, subsidiaries, parent company, and other related companies (hereafter referred to as the “Company,” “Us,” “Our,” and/or “We”). References to “you,” “your,” and “User” refer to you, a user of our Site and/or Services. The Site operates as an online e-commerce platform selling our products and services to lawfully compliant users (the “Services”) conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting our Site and/or purchasing something from us, you engage in our Services and agree to be bound by the Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  

These Terms of Use set forth the legally binding terms for your use of the Site and Services. By accessing or using the Site or Services, you are agreeing to be bound by the Terms of Use and you represent and warrant that you have the right, authority, and capacity to enter into this Terms of Use. If you do not agree with all of the provisions of this Terms of Use, do not access and/or use the Site or Services. If you are using the site or services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to this Terms of Use.

1. IMPORTANT DISCLAIMERS.

1.1 Acknowledgement of Laws. You are responsible for ensuring that your use of the Site and Services is compliant with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations you may maintain or enter into with applicable third-parties. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.2 Use. The Site and the Services are controlled and operated by the Company. The Company makes no representation that any of the materials or the Services to which you have been given access are available or appropriate for use in your location.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 8 AND 9 OR ELSEWHERE IN THIS TERMS OF USE.

2. ACCESS TO THE SITE AND/OR THE SERVICE.

2.1 Eligibility. In order to use and enjoy the Site and/or the Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

3. SITE.

3.1 License. Subject to the terms of this Terms of Use, Company grants you a non-assignable, non-transferable, non-licensable, non-sublicensable, non-exclusive license to use the Site and Services for your personal and internal business use. As a condition of your use of the Site and Services, you warrant that you will not use the Site and Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site and Services in any manner which could damage, disable, overburden, or impair the Site and Services, or interfere with any other party’s use and enjoyment of the Site and Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site and Services.

3.2 Certain Restrictions. The rights granted to you in this Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the functionality of the Site or Services shall be subject to the terms of this Terms of Use. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.

3.3 Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. Any modifications to the Site or Services will also be subject to the Terms of Use. The Company reserves the right, at any time, to update, change or replace any part of these Terms of Use by posting updates. It is your responsibility to check this page periodically for modifications. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

3.4 Ownership. All content included as part of the Site and Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site and Services, is our property or the property of our licensors and protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Terms of Use.

3.5. Personal Information. You agree that all information you provide to the Site or Services or otherwise, including, but not limited to, through the use of any interactive features on the Site or Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  

3.6. Products and Services. Certain products or services may be available exclusively online through the Site or Services. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping and Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on this Site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

4. COMMUNICATIONS.

4.1 Email Communication. You agree that we may send you emails concerning our products and services, as well as those of third parties, and you may send emails to our designated email addresses at [email protected] (the “Email Communication”). You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

4.2 Feedback. If you provide the Company with any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to the Company all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. 

5. ACCEPTABLE USE.

5.1 Technological Restrictions. You agree, warrant and represent that you will not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies, or procedures of such networks; (e) attempt to or impersonate another user or us or gain unauthorized access to the Site or Services, other computer systems, or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as generate automated searches, requests, and queries, or to strip, scrape, or mine data from the Site or Services.

5.2 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any Email Communication (including any image files or other attachments), investigate, and/or take appropriate action against you in our sole discretion (including terminating your access to the Site and/or Service in accordance with Section 10 and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated these Terms of Use or otherwise create liability for us or any other person.

6. INDEMNITY. You agree to indemnify and hold the Company (and its subsidiaries, affiliates, members, managers, officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services; (ii) your use or misuse of Linked Sites (as such term is defined in Section 7.1); (iii) your violation of this Terms of Use or the documents they incorporate by reference; and/or (iv) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. 

7. THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; DEALS; OTHER USERS; RELEASE.

7.1 Third-Party Links. The Site or Services might display links to other websites on the internet that are owned or operated by third parties (the “Third-Party Links”). All Third-Party Links are included or displayed exclusively for the convenience of Users. The Company does not endorse, review, monitor, maintain or control any websites that are directed through Third-Party Links (the “Linked Sites”), and the Company is not responsible for Linked Sites, including, but not limited to, their contents, products, and services offered thereby. If you decide to leave the Site or Services to access these third-party sites, you do so at your own risk.  Users acknowledge and agree to take full and exclusive responsibility and not hold the Company responsible for linking to Linked Sites, such responsibility to include, but not be limited to, all liabilities, decisions, and/or consequences associated with the Users’ accessing the Linked Sites.

7.2 Third-Party Interactions. During use of the Site or Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers through the Services. In particular, the Company is not a party to any transaction that you may enter into with a third-party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. The Company shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third-party you interact with through the Service.

7.3 Third-Party Materials. The Site or Services might display, include, or make available third-party content (including data, information, articles, applications, or other products, services and/or materials) services, and advertisements for third parties, including pricing and descriptions of products or services (collectively, “Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials may be subject to their own terms and conditions of use and privacy policies and your use of Third-Party Materials will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you, and you use them entirely at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.

7.4 Release. You hereby release and forever discharge the Company (and our officers, members, managers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

8. DISCLAIMERS.

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. LIMITATION ON LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. TERM AND TERMINATION. Subject to this Section, this Terms of Use will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services; or (b) terminate this Terms of Use, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Terms of Use. Upon termination of this Terms of Use by us, your right to access and use the Site and Services will terminate immediately. We will not have any liability whatsoever to you for any termination of this Terms of Use. Even after this Terms of Use is terminated, the following provisions of this Terms of Use will remain in effect: Sections 1, 6, 7.4, 9, and 12.

If we terminate or suspend your rights to use the Site and/or Services for any reason, you are prohibited from accessing the Site and/or Services under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your rights to use the Site and/or Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. COPYRIGHT POLICY. We respect and adhere to copyright law, including but not limited to the Digital Millennium Copyright Act (“DMCA”). We expect Users of the Site and Services to do the same. If you believe that any content on the Site infringes on the intellectual property of a third party, you may send it to at [email protected]. To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Site or Services that infringes upon the copyright, and a declaration that:  (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.

12. DISPUTE RESOLUTION.

12.1 Arbitration Rules and Forum. To the fullest extent permitted by law and except as otherwise expressly stated herein, you and the Company (individually, a “Party” and collectively, the “Parties”) agree to resolve any and all disputes between or among us involving this Terms of Use or any other subject matter and arising under any federal, state or local law exclusively through final and binding arbitration before the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under its rules and pursuant to the terms of this Terms of Use. This arbitration provision (the “Arbitration Provision”) shall be governed by the Federal Arbitration Act (9 U.S.C.  §§ 1-16). Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules- streamlined-arbitration/; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at (800) 352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’ rules. If JAMS is not available to arbitrate, the parties will select an alternative arbitration forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.

If either Party wishes to initiate arbitration, that Party must notify the other Party in writing by certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. The demand for arbitration must include (i) the name and address of the person or entity seeking arbitration, (ii) a statement of the legal and factual basis of the claim, and (iii) a description of the remedy sought. Any demand for arbitration directed at the Company must be delivered to its headquarters address listed on the Site. Any demand for arbitration by the Company must be delivered to your last known business address.

12.2 Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Provision including, but not limited to any claim that all or any part of this Arbitration Provision is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. 

Except as provided in the class action waiver above, the arbitrator may award all remedies to which a party to the arbitration is entitled under applicable law and which would otherwise be available in a court of law, but will not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator will apply the state or federal substantive law, or both, as applicable. The arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedures governing such motions. The arbitrator’s decision or award will be in writing with findings of fact and conclusions of law.

Notwithstanding any other language in this Arbitration Provision, the Parties may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief if necessary to preserve the status quo and prevent the possibility of irreversible or irreparable harm that cannot be adequately remedied by money damages pending final resolution of arbitration proceedings.

12.3 Waiver. 

THE PARTIES MUTUALLY AGREE THEY HEREBY WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BETWEEN THEM BROUGHT, HEARD OR ADJUDICATED IN COURT OR IN ARBITRATION AS A CLASS ACTION, COLLECTIVE ACTION, AND/OR REPRESENTATIVE ACTION, AND THE JAMS ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). NOTWITHSTANDING ANY OTHER CLAUSE CONTAINED IN THIS TERMS OF USE OR ANY JAMS RULES, ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. IN ANY CASE, IN WHICH (I) THE DISPUTE IS FILED AS A CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ACTION AND (II) THERE IS A FINAL JUDICIAL DETERMINATION THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ACTION MUST BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION, BUT ONLY TO THE EXTENT THE CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, AND THE PORTION OF THE CLASS ACTION WAIVER THAT IS ENFORCEABLE WILL BE ENFORCED IN ARBITRATION.

Neither this Arbitration Provision nor the Class Action Waiver above shall apply to a representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq.; any representative action brought under PAGA on behalf of others must be litigated in a court of competent jurisdiction.

12.4 Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified in Section 13.3 below.

12.5 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

13. GENERAL.

13.1 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

13.2 Miscellaneous. This Terms of Use constitutes the entire agreement between you and the Company regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Terms of Use shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by the Company of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of this Terms of Use will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and the Company. This Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Terms of Use shall be binding upon assignees.

13.3 Contact Information.

AG TECH VI, LLC & CANVAS 340, LLC

1619 New London Road, Landenberg, Pennsylvania, 19350, United States

Email: [email protected]

Please check back periodically for updates.

 

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