Terms & Conditions of The Flower.
(the "Corporation")
I. Agreement between user and The Flower.
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The Flower ("We") provides website features accessible at the URL https://www.theflowernyc.com/ (the "Website") and other products and services to you when you visit or shop at the Website, use The Flower products or services, use The Flower applications for mobile, or use software provided by The Flower in connection with any of the foregoing (collectively, "The Flower Services”). The Flower Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of The Flower Services constitutes your agreement to all such Terms.
Please read these Terms carefully before using The Flower Services, and keep a copy of them for your reference. By using The Flower Services, you acknowledge and represent that you are at least 18 years old and agree to be bound by these Terms. Unless you are at least 18 years old, you may not use The Flower Services. If you do not agree these Terms, we are not able to grant you access to The Flower Services.
â…¡. Access And Use
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A. Accounts
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In order to use any features of The Flower Services, you must register for an account with us and provide certain truthful, accurate information about yourself. You may not use a false e-mail address, impersonate any person or entity. If you use The Flower Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We and our associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
B. Third Party Accounts
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You will be able to connect your our account to third party accounts. By connecting you’re The Flower account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
C. International Users
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The Flower Service is controlled, operated and administered by us from our offices within the USA. If you access The Flower Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use our Content accessed through http://www.vurlap.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
D. Access To The Flower Services
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Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of The Flower Services. This license does not include any resale or commercial use of any The Flower Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any The Flower Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use The Flower Services in any manner which could overburden, damage, impair, or disable The Flower Services or interfere with any other party's use and enjoyment of The Flower 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 Flower Services. All rights not expressly granted to you in these Terms are reserved and retained by us or its licensors, suppliers, publishers, rightsholders, or other content providers. No The Flower Service, nor any part of any The Flower Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of us.
The information presented on The Flower Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to The Flower Services, or by anyone who may be informed of any of its contents.
E. Use Of Third Party Services
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The Flower Services may contain links to other websites (the "Linked Sites"). The Linked Sites are not under the control of us and We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of The Flower Services or any association with its operators.
Certain services made available via The Flower Services are delivered by third party sites and organizations. By using any product, service or functionality originating from the Website domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we has a contractual relationship to provide the requested product, service or functionality on behalf of The Flower Services users and customers.
F. User Content
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We does not claim ownership of the materials you provide to The Flower services (including user's profile, photographs, feedback and suggestions) or post, upload, input or submit to any The Flower Services or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, transmit, distribute, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
User is solely responsible for any and all of its User Content. We do not control User Content. and you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
We reserve the right, in our sole discretion, to: (1) Review any User Content; (2) Modify or remove your User Content; (3) Terminate your access to The Flower Services and the related services or any portion thereof at any time, without notice; (4) Report you to law enforcement authorities; (5) Take appropriate action against you if you violate the Use Policy or any other provision of these Terms
G. Privacy
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All information you provide to us to establish an account via The Flower Services or otherwise is subject to our Privacy Policy. Please review our Privacy Policy to understand our Privacy practices, which also governs The Flower Services and informs users of our data collection practices.
H. Intellectual Property
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All content included as part of The Flower Service, such as text, graphics, logos, page headers, designs, button icons, service names, images, scripts, slogans, selection, arrangement, audio, video and digital downloads, as well as the compilation thereof, and any software used on The Flower Services, is the property of us or its suppliers and protected by United States and international copyright and trademark, patent, trade secret and other laws that protect intellectual property and proprietary rights. 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.
Our trademarks and trade dress may not be used in connection with any product or service that is not us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
One or more patents owned by us apply to The Flower Services and to the features and services accessible via The Flower Services. Portions of The Flower Services operate under license of one or more patents.
You must not copy, transmit, distribute, publicly display, publicly perform, reproduce, modify, republish, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on The Flower Services. Our content is not for resale. Your use of The Flower Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of us and the intellectual property owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of us or our licensors except as expressly authorized by these Terms.
All trademarks, service marks, and logos ("Marks") displayed on The Flower Services as "Copyright © 2018, The Flower ®. All rights reserved." are our or other third parties’ property. You are not permitted to use these Marks without owner’s prior written consent.
I. Use Policy
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You may use The Flower Services only for lawful purposes and in accordance with these Terms. You agree to comply with all laws, rules and regulations that apply to your use of The Flower Services. You agree not to use The Flower Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
You agree not to: (1) Violates our right, including copyright, trademark, patent, trade secret, moral right, or any other intellectual property or proprietary right; (2) Use The Flower Services in any manner that could overburden, damage, impair, or disable The Flower Services or interfere with any other party's use of The Flower Services; (3) Use any robot, spider or other automatic device, process or means to access The Flower Services for any purpose, including monitoring or copying any of the material on The Flower Services; (4) Use any device, software or routine that interferes with the proper working of The Flower Services; (5) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of The Flower Services, the server on which The Flower Services is stored, or any server, computer or database connected to The Flower Services; (7) Attack The Flower Services via a denial-of-service attack or a distributed denial-of-service attack; (8) Otherwise attempt to interfere with the proper working of The Flower Services.
You also agree not to use The Flower Services to copy, collect, display, transmit, or distribute any User Content that: (1) violates any third party right, including privacy right, publicity right, copyright, trademark, patent, trade secret, moral right, or any other intellectual property or proprietary right; (2) is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties or objectionable; (3) consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
J. Electronic Communications
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When you use any The Flower Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other The Flower Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
â…¢. Sales
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A. Products and Pricing
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All Products ("Products") listed on The Flower Services, their descriptions, and their prices are subject to change. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed with incorrect information or at an incorrect price due to typographical error or error in Product information or pricing received from our suppliers, we shall have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge. We generally do not charge your credit card until after your order has entered the shipping process or, for digital Products, until we make the digital Product available to you.
B. Orders
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When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient's name and shipping address. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that: (1) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order); or (2) we will not charge your credit card for the cancelled portion of the order.
When starting a subscription, you agree to be billed in a recurring fashion on a per-order basis until your subscriptions is canceled or paused. If pausing, the subscription will remain paused until the requested resume date or if a resume date is not specified, the subscription will remain paused indefinitely.
C. Payment
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For each Product you order on The Flower Services, you agree to pay the price applicable for the Product as of the time you submitted your order ("Product Price"), any applicable Taxes and the delivery fees for the delivery service you select ("Delivery Fees"). All payments are non-refundable (except for any proper remedy). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts. Acceptable forms of payment are Paypal, Visa, MasterCard, American Express, Discover, JCB, Diners Club credit and debit cards.
D. Shipping Policy
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Any delivery times provided by us are estimates. Currently, we deliver within Part of New York & New Jersey only. All items purchased from us are made pursuant to a shipment contract with the carrier. But the risk of loss and title for such items pass to you upon our delivery to you.
E. Return And Cancellation Policy
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Your flowers and fresh add-ons purchase (e.g.; chocolate, cookies) are final and nonrefundable. We do not accept any Product exchanges. No Product may be returned except Damaged Products. If the Product arrives damaged ("Damaged Product"), we will provide a replacement product if the photo of the original (Damaged) Product is sent by you. Provided that we confirm that your Product was a Damaged Product and the photo was sent in accordance with this Agreement, your sole and exclusive remedy is that we will send a replacement Product. At our discretion, a replacement Product may be issued without requiring a return. In this situation, we do not take title to the return item. If a replacement Product is issued, we cannot guarantee that the replacement Product will contain exactly the contents or will have the same theme as the originally shipped Product. In the event that the we are unable to provide a replacement Product, we may at its sole discretion elect to refund the credit card used for purchase in the original amount of the purchase.
But any other Add-ons (e.g.; vase, flower food) are refundable at your own expense for return shipping except Damaged any other Add-ons of which we will take return shipping expense.
Subscriptions are on a per-order basis until your subscriptions is canceled or paused. Your subscription may be cancelled at any time via our Website, via e-mail communication or through the phone with our customer support team. If cancelling via e-mail or phone, please allow up to 72 hours for cancellation.
You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription. This includes cancelling a subscription and later starting one of a similar configuration. Also, If you cancel your subscription prior to second order to be generated, you will be charged the discount amount for first order.
F. Promotions
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Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
â…£. Indemnification And Liability Disclaimers
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A. Indemnification
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You agree to defend, indemnify and hold harmless us, its affiliates, licensors and service providers, and its respective officers, directors, employees, agents licensors, contractors, suppliers and third parties, for any demands, claims, damages, losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use The Flower Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
B. Liability Disclaimers
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The information, software, products, and services included in or available through The Flower Services may include inaccuracies or typographical errors, viruses or other harmful components. Changes are periodically added to the information herein. We and/or our suppliers may make improvements and/or changes in The Flower Services at any time. We and/or our suppliers make no representations about the availability, accuracy, error-free, completeness, suitability, reliability, quality, uninterrupted, security and timeliness of the information, software, products, services and related graphics contained on The Flower Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" and "as available" without warranty or condition of any kind. We and/or our suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall we and/or our suppliers be liable for any direct, indirect, special, incidental, consequential, punitive damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of The Flower Services, with the delay or inability to use The Flower Services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through The Flower Services, or otherwise arising out of the use of The Flower Services, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of its suppliers has been advised of the possibility of damages. But the liability disclaimer contained in these Terms do not affect the statutory rights of a consumer. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The liability disclaimer shall apply to customer only to the extent such limitations or exclusions. Because some states/jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of The Flower Services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using The Flower Services.
â…¤. Dispute Resolution And Governing Law
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A. Binding Arbitration
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The parties agree to arbitrate disputes and claims in regards to these Terms or any disputes arising as a result of these Terms or relating in any way to your use of any The Flower Services, or to any products or services sold or distributed by The Flower, whether directly or indirectly, including Tort claims that are a result of these Terms. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute will be resolved exclusively and finally by binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties, rather than in court, except that: (1) you may assert claims in small claims court if your claims qualify; (2) you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.
The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. This arbitration provision shall survive the termination of these Terms.
B. Governing Law and Jurisdiction
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By using any The Flower Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of The Flower Services. Use of The Flower Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Our performance of this agreement is subject to existing laws and legal process. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to The Flower Services and it supersedes all prior or contemporaneous communications, proposals, representations, understandings, agreements and warranties whether electronic, oral or written, between the user and us with respect to The Flower Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
â…¥. Miscellaneous Matters
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A. Effectiveness Of Terms And Termination
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These Terms will become effective and binding when you use The Flower Services. You may delete your Account at any time, for any reason. We reserve the right to terminate your Account, your access to The Flower Services, and these Terms at any time without notice. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.
B. Changes To Services
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We reserve the right to change The Flower Services at any time without notice. If you object to any changes to The Flower Services, your sole recourse will be to cease using The Flower Services. Continued use of The Flower Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with The Flower Services as so changed. We also reserve the right to discontinue The Flower Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to change or discontinue The Flower Services. We may update the content on The Flower Services from time to time, but its content is not necessarily complete or up to date. Any of the material on The Flower Services may be out of date at any given time, and we are under no obligation to update such material.
C. Changes To Terms
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We may revise and update these Terms from time to time. We reserve the right, in its sole discretion at any time, to change these Terms under which The Flower Services are offered. The most current version of these Terms will supersede all previous versions. All changes are effective immediately when we post them. We encourage you to periodically review these Terms to stay informed of our updates. If you use The Flower Services, it is your responsibility to periodically review these Terms on the Website, and if at any time you find these Terms unacceptable, you must immediately cancel your order. Your continued use of The Flower Services following the posting of revised terms means that you accept and agree to the changes. New Terms will only apply proactively to products or subscriptions purchased after the date we post the new Terms.
D. Feedback
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We welcome your comments and suggestions regarding The Flower Services and the information, products and services we make available here. Contact us at info@theflowernyc.com to provide feedback.
E. Contact Information
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Business Name and Legal Contact : The Flower
E-mail : info@theflowernyc.com
Phone : 201-840-8010
Mailing Address : 824 Broad Ave #C, Ridgefield, NJ 07657
F. Effective Date
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Effective as of November 01, 2018
Last modified: October 25, 2018