Terms & Conditions

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Terms & Conditions

Last updated: November 19, 2017

Welcome to Torbi.io, which is owned and operated by Torbi LLC, (“Torbi,” “we,” or “us”). By visiting or accessing Torbi.io or any of its related applications, dashboards, or platforms (individually and collectively, the “Website”), or by using (either for yourself or on behalf of a client) any services (“Services”) or purchasing any products (“Products”) from Torbi, you are agreeing to the following terms and conditions (the “Terms” or “Agreement”). The term “You” in this Agreement means any person or entity who accesses the Website, uses the Services, or purchases any of the Products. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND THAT, IF YOU ARE ACCESSING THE WEBSITE ON BEHALF OF TORBI OR ANOTHER ENTITY, YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH COMPANY OR OTHER ENTITY AND TO BIND IT TO THE TERMS SET FORTH HEREIN. 1. Privacy Policy. The Website and Services may allow you, your clients, or your clients’ patients to post personal information, including photographs, on social media or in other publicly available media online. Therefore, it is critical that you review and understand our Privacy Policy, which governs how we use the information you provide. The Privacy Policy is a part of the Terms, and it is binding on both parties. 2. Changes to Terms and Privacy Policy. We may change the Terms and the Privacy Policy from time to time. When we do, the version of the Terms and Privacy Policy effective on the date you access the Website or use the Services or Products will govern our interactions. We encourage you to visit these Terms and the Privacy Policy periodically to ensure you understand them. 3. Services, Term and Fees. We offer several different Services. These Services may include, but are not limited to: (1) the promotion and facilitation of collecting and publishing feedback, both directly and indirectly; (2) the use of Torbi’s platform and dashboard; and (3) other services. We may, at our discretion, periodically change the description or content of our services in order to reflect changes to the service offerings and features, including, without limitation, to reflect enhanced capabilities, changes in the service terms, changes in regulatory requirements, and/or any other modification intended to improve the efficacy of the services or better address a perceived need among our customers. The initial term for any Service is one year, unless terminated for material breach by either party. If you terminate during the first year for any reason other than our material breach (and our failure to cure after 30 days’ notice), you will still be responsible for the fees due for the entire year. After the initial term of one year, this Agreement automatically renews for 30 day periods until terminated by either party by giving notice at least 30 days prior to the end of the then-current term. Fees for Services and Products (“Fees”) are payable as provided on any sign-up document. You understand and accept that, unless otherwise expressly stated on the applicable order, our services are subscription services that operate on an auto-renewal basis such that your credit card, debit card, electronic payment, or other method of payment (“Accounts”) will be assessed the specified Fees at regular intervals based on your subscription program (annually, quarterly, or monthly). The Fees will be paid in advance. 4. Sign-Up documents. You may sign up for any Services or Products either in person, online, or over the phone, and any record evidencing such sign-up shall be considered a sign-up document (“Sign-Up Document”). When you sign up, either in writing or orally, you agree to these Terms. If there is any conflict between your Sign-Up Document and these Terms, the Terms of the Sign-Up Document shall govern. 5. Communications. When you visit the Website or send e-mails to us, you are communicating with us electronically, and you consent to also receive communications from us electronically. 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. 6. Received Materials. Any reviews, comments, materials, or letters sent by you to Torbi, including, without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”), will be deemed by Torbi to be non-confidential and free of any claims of intellectual property or other personal rights. We shall have no obligation of any kind with respect to such Received Materials, and we will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, Torbi is free to use or sell any ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information or ideas, (including in connection with the sale, acquisition, or merger of Torbi or of all or substantially all of Torbi’s assets) without compensation or any other obligations to anyone, including you. 7. Uploaded Materials. In the course of your use of the Website, you or your clients or patients may upload reviews, photos, stories, experiences, or other materials (“Uploaded Materials”). By providing the Uploaded Materials or allowing them to be provided, you agree that we may use the Uploaded Materials for the purposes of this Agreement. Torbi shall have no obligation to compensate you for the use of the Uploaded Materials or derivative works created from the Uploaded Materials. 8. Warranty. By providing any Received Materials or Uploaded Materials, the individual posting the information warrants and represents that he or she has sole ownership of such Received Materials or Uploaded Materials and that they are free of any intellectual property claims by any third party. He or she also represents that he or she is in full compliance with all applicable state and federal laws, rules, and regulations. In particular, and without limitation, you warrant and represent that your use of the Services and Website will not violate any obligation with respect to the the Telephone Consumer Protection Act of 1991, the Health Insurance Portability and Accountability Act of 1996, the Gramm-Leach-Bliley Act of 1999, and any other applicable federal or state law and amendments thereto. If monitoring and managing your online reviews or ratings is included in the services you order, you represent and warrant that (a) you are authorized to provide us with any customer, patient, and user information that you provide to us in connection with such services (the “Reviewer Information”), including any personally identifying information of those parties; (b our possession and/or use of the Reviewer Information on your behalf in connection with the Services will not violate any contract, statute, or regulation; and (c) any content that you and/or your authorized representative(s) submit for publication on an online review or ratings website as a provider of goods or services will be true and accurate, are the original work of your authorship, and will only concern you and the goods and/or services that you provide, (d) you and/or your authorized representative(s) will only request reviews via the Torbi.io platform from actual paying customers. We will not be held liable for any consequences of false and/or inaccurate content published to an online review or ratings website through the Torbi.io platform. 9. Waiver of Restrictions. Various state and federal laws may restrict the use of personal information similar to the information you provide on the Website. By providing information, the use and collection of which may be restricted by law, you waive any protections or restrictions related to such information. 10. Use by Children Under 13. The Child Online Privacy Protection Act (“COPPA”) restricts website operators from collecting or using any personal information from individuals under the age of 13. In order to exceed the compliance requirements of COPPA, we do not target children under 18, nor do we knowingly collect any information from children under 18 or allow plug-ins or other services to collect such information without express written consent from their parents or guardians. We also prohibit children under 18 from posting any information on the Website without written parental consent. By using any of the Services or posting any information about yourself, you warrant that you are at least 18 years old. In addition, you may not post any photos or other information about any individual who is under 18 without obtaining written parental consent. If you become aware of any materials posted by a child under age 18, please notify us immediately. 11. Claims of Copyright Infringement. We comply with the “safe harbor” provisions of the Digital Millennium Copyright Act of 1998. If you see any materials on the Website that you believe violate any copyright rights, including yours, please send an e-mail describing the violation you believe exists to the copyright agent designated below. If we become aware of any such items on the website, we will promptly take action to ensure we are in full compliance with all privacy and copyright laws. 12. License and Restrictions. Subject to the provisions of this Agreement, including any payment obligations, Torbi grants you a limited, non-exclusive, non-transferable right to access the Website and to use the Services. Torbi retains all intellectual property rights to its intellectual property and the Received Materials and Uploaded Materials. The Website, Services, and Products involve information, methods and processes that contain valuable proprietary information and trade secrets of Torbi, embodying substantial creative efforts and confidential information, ideas, and expressions. You agree that you will not attempt to scrape or collect information from, to modify, translate, disassemble, create derivative works based on, reverse-assemble, reverse-compile or otherwise reverse-engineer the Website, the Services, the Products or any information obtained therefrom, in whole or in part, or to otherwise use, copy, reproduce or distribute any such information. The provisions of this section shall survive the termination of this Agreement. 13. Your Account Data: You are responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer and the Products, and you agree to accept responsibility for all activities that occur under your account or password, including any photos or information posted by clients or patients. Torbi reserves the right (but does not accept any obligation) to refuse service, terminate accounts, or remove or edit content in its sole discretion. You are also solely responsible for the accuracy and currency of the data entered into the Services under your user account. 14. DISCLAIMER OF LIABILITY AND WARRANTY. YOU ACCESS AND USE THE WEBSITE, THE SERVICES, PRODUCTS, AND INFORMATION ON THE WEBSITE AT YOUR OWN RISK. THEY ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TORBI DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCURACY, OR TRUTHFULNESS OF THE WEBSITE, THE SERVICES, THE PRODUCTS, OR ANY INFORMATION PROVIDED BY OR WITH RESPECT TO THE SERVICES, INCLUDING ANY REVIEWS RELATED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, TORBI DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE WEBSITE AND/OR DELIVERY OF THE SERVICES OR PRODUCTS SHALL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES LIMIT THE APPLICABILITY OF SUCH LIMITATIONS AND DISCLAIMERS. IN THOSE STATES, THE LIMITATIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. 15. LIMITATION ON LIABILITY. IN NO EVENT WILL TORBI, ITS SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, AS WELL AS ANY DAMAGES ARISING OUT OF ANY ACCIDENT THAT OCCURS IN RELIANCE UPON THE INFORMATION PROVIDED BY THE WEBSITE, OR OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES OR PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL TORBI’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND USE OF THE SERVICES AND PRODUCTS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT OF $500.00. THE PARTIES AGREE THAT THIS SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY. THE PARTIES ACKNOWLEDGE THAT THE SERVICES CAN BE MADE AVAILABLE FOR FREE OR AT REDUCED PRICES, ONLY BECAUSE OF TORBI’S RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME STATES LIMIT THE APPLICABILITY OF SUCH LIMITATIONS AND DISCLAIMERS. IN THOSE STATES, THE LIMITATIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. 16. Indemnity and hold harmless. You agree to defend, indemnify, and hold harmless Torbi from and against any losses, claims, judgments, damages, and settlements, including but not limited to third-party claims, which arise out of or are related in any way to (1) your use of or reliance upon the Website, the Services, Products, or reviews or other information provided by Torbi, to plan or carry out any activity, including but not limited to choosing a dentist or other professional, (2) a claim that the Received Materials or Uploaded Materials that you provide infringe upon any intellectual property or privacy rights of any third party, (3) any claim of a governmental entity or other party that you have violated any law, rule, or regulation, and (4) any breach by you of the obligations, representations, and warranties made by you in this Agreement. 17. Outside Links and Services. Torbi may use or access tools or programs provided by third parties as part of the Services. You agree to hold harmless Torbi from and against any claim based on the inaccuracy or other fault of such third party services. 18. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to the United Nations Convention on the International Sales of Goods. The Parties hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Florida. 19. Attorney Fees. In case of an action to enforce any rights or conditions of the Terms, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred. 20. Entire Agreement, Amendment. The Terms are a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral; and may be amended or modified only by an instrument in writing signed by both parties. 21. Non-Waiver. No waiver of any provision of the Terms shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of the Terms shall not operate as a waiver of such provision or any other provision or of the right to enforce such provision or any other provision. 22. No Third-Party Beneficiaries. Nothing in the Terms, express or implied, is intended to confer on any person, other than the parties to the Terms, any right or remedy of any nature whatsoever. 23. Headings. The headings used in the Terms are for ease of reference only. They are not intended as a complete re-statement of the matters contained under each heading, and you acknowledge that you have read and understand all the text of this Agreement, and not just the headings. 24. Content of Uploaded Material: You warrant and represent that you will not upload or post any material that is violent, unduly graphic, pornographic, racist, or offensive, or that violates the intellectual property rights of any third party. If Torbi learns of materials that it believes in its sole discretion violates this requirement, it may delete such information and, in certain cases, terminate your access to the Website, Services, and Products. 25. Independent Contractor: It is the express intention of the parties that the parties act as independent contractors. Without limiting the generality of the foregoing, neither party is authorized to bind the other party to any liability or obligation or to represent that such party has any authority. 26. Severability, Binding Effect. If any provision of the Terms shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of the terms shall not be impaired. The Terms shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, successors, and assigns. 27. Force Majeure. Torbi will not be liable for, or be considered to be in breach of or default under the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond Torbi’s reasonable control. 28. Linking Policy. If you link to this Website, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of Torbi. The link to this website must not damage, dilute or tarnish the goodwill associated with any Torbi names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Torbi. You may not "frame" this Website or alter its intellectual property or material in any other way. You may not link to the Website for purposes of harming the Website’s ranking in search engines. You agree that if Torbi requests that you remove a link to the Website for any reason, you will do so immediately without charge to Torbi. If you fail to remove any such link after request, you agree to pay Torbi’s costs incurred in enforcing this provision.

Privacy Policy

Last Updated: November 19, 2017

Welcome to Torbi.io, which is owned and operated by Torbi LLC. (“Torbi,” “We,” or “Us”). By visiting or accessing Torbi.io or any of its related applications, dashboards, or platforms (individually and collectively, the “Website”), or by signing up for any services (“Services”) or purchasing any products (“Products”) from Torbi, you are agreeing to the following privacy policy (“Privacy Policy”), which, together with the Terms and Conditions govern your use of the Website, the Services, and Products. Terms used in this Privacy Policy have the same meaning as those set forth in the Terms and Conditions, unless otherwise specified. The term “You” in this Agreement means any person or entity who accesses the Website, uses the Services, or purchases any of the Products. 1. Privacy Policy. This Privacy Policy governs how we use the information you provide to us in connection with the Website, the Services, and the Products. Therefore, it is critical that you review and understand this Privacy Policy. We may change this Privacy Policy periodically and will notify you by posting the updates on the Website. You should review this Privacy Policy periodically, as your use of the Website indicates your continuing acceptance of the provisions current at the time of your use. 2. Applicable Information: This Privacy Policy applies to the information you provide us on the Website. “Personal Information” consists of your, or your client’s, first and last name, e-mail address, physical address, login information, billing information, credit card number, mobile device type, ads you click on, and any contact information you provide us. It also includes information related to your use of the Website, such as the date and time of your visits, IP address, and other information gathered through the use of cookies (see definition of “cookies” below). Personal Information does not include information you provide for our public use in connection with the Website, such as the information you provide for your personal profile and the items defined in the Terms and Conditions as “Received Materials” and “Uploaded Materials.” Those items are, by their nature, intended for public use, and they are governed by the license you grant in our Terms and Conditions. 3. Use of Personal Information: We never sell, rent, lease, or make available your Personal Information for use by any third party. However, we may internally use your Personal Information to improve the Website, to improve your experience as you use the Website, to customize and communicate informational or product offerings and promotions to you, and to make our Services more helpful or useful to other users. We may use the services of a third party to perform these functions. In addition, we may allow ad exchanges, web analytics vendors, social networking platforms and other third parties to collect certain data and other non-personally identifiable information when you visit our Site. These companies may use non-personally identifiable information (e.g., search and click stream information, browser type, time and date, the identity or type of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you. By way of example, these companies may use a cookie or web beacon to collect this information. 4. Cookies: A cookie is a very small text document, which often includes an anonymous unique identifier. Cookies can help differentiate you from other users and keep you from having to log in repeatedly. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Browsers are usually set to accept cookies. However, if you would prefer not to receive cookies, you may alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of the Website will not function as effectively when viewed by the users. A cookie cannot retrieve any other data from your hard drive or pass on computer viruses. You must disable cookies on each computer you use and for each browser on each computer. 5. Unsubscribing: If you wish us to stop sending offers and promotions to you, you may unsubscribe at any time by clicking unsubscribe on digital material or contacting us. 6. Cooperation with Authorities, Consent to United States Processing: Torbi complies with all applicable laws and regulations. This may require cooperation with governmental authorities with respect to information we receive from you. If we believe it is necessary, in our sole discretion, to disclose information about you to law enforcement officials or in connection with a court proceeding, you hereby consent to such disclosure. In addition, if we believe a disclosure of such information is necessary to protect our property and rights, to protect public safety, or to prevent potentially illegal or unethical conduct, we may disclose certain information, and you consent to such disclosure. If you reside outside the United States, your local laws may afford a higher degree of protection to your Personal Information than provided under United States law. Your use of the Website constitutes your consent to have your Personal Information transferred to, collected by, and processed by servers in the United States. 7. Assignment of Rights to Information: In the event of the sale, acquisition, or merger of Torbi LLC or of all or substantially all of its assets, and in the event of any other change of control of Torbi, your Personal Information, Received Materials, and Uploaded Materials, in addition to all other information possessed by Torbi may be transferred, sold, or shared in connection with such transaction. In that event, your Personal Information will still be subject to the same protections as provided herein. 8. Child Online Privacy Protection Act: Torbi complies with the Child Online Privacy Protection Act (“COPPA”). Our Terms and Conditions govern our activities and your conduct in relation to COPPA. 9. California Users: California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2016 will receive information about 2015 sharing activities). As set forth in this privacy policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@torbi.io. You must include this Website as the subject line, and your full name, e-mail address, and postal address in your message. 10. Deleting Your Information: If you have registered with us, you may delete the Personal Information in your account by contacting us. We will make commercially reasonable efforts to delete such information upon request. We may archive all or some of your Personal Information as we believe may be required by law or for legitimate business purposes. 11. Community Features: The Website may provide, at its sole discretion, one or more sharing features, review submission features, chat areas, message boards, e-mail functions, messaging services, file communities, polls, surveys, and other services (collectively, the "Community Features"). We provide these Community Features subject to the Terms of Use, and the community guidelines set forth below. Any user who posts content in the Community Features ("Community Content") is responsible for the reliability, accuracy and truthfulness of such Community Content, and we have no control over the same. In addition, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and we expressly disclaim any responsibility for such material. By using any of the Community Features, you acknowledge and agree that information you post or otherwise make public will be available to the public. Please review our restrictions on use and guidelines for Community Features. In addition, please note that this Privacy Policy does not apply to any information you may disclose publicly in any Community Feature. You should keep in mind that whenever you publicly disclose information about yourself online, that information could be collected and used by people that you do not know. We bear no responsibility for any action or policies of any third parties who collect any information users may disclose in Community Features or other public areas, if any, of this Website. In consideration for your use of the Website's Community Features and functionality, you agree to comply with the Community Guidelines set forth below. Users who violate the community guidelines, may, in our sole discretion, be permanently banned from using the Website. 12. Community Guidelines: Entering any Community Feature will constitute acceptance of the Community Guidelines. If you do not agree to abide by the Community Guidelines, please do not enter any Community Features. You are entirely responsible and liable for all activities conducted by you within the Community Features, including the transmission, posting, or other provision of Community Content to any portion of the Community Features. listed below are some, though not all, violations that may result in us terminating or suspending your access to Community Features on a temporary or permanent basis, as determined by us in our sole discretion. You agree not to do any of the following actions while using any of the Community Features: • Violate these Community Guidelines or abuse the community purpose of the chat areas. • Participate in any part of the Site if you are under the age of 18. • Use profanity, obscenities, or **asterisks** or other "masking" characters to disguise profane or obscene words. • Use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind. • Impersonate other users. • Attack (flame or "cyberbully") individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand. • Post topics on message boards, on the Site or within any of the Community Features that are unrelated to the subject of the Website. • Advertise or promote other companies or URL’s. • Include advertising in communications. • Post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein. • Include advanced fonts, java, tables, html, or other programming codes or commands in messages. • Distribute or otherwise publish any Community Content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization. • Collect or harvest the information of any user or otherwise access the Website using automated means (including but not limited to harvesting bots, robots, spiders or scrapers). 13. Safeguarding Your Information. Torbi values very highly the security of your Personal Information. We have implemented reasonable security measures to ensure that security. While no system can be guaranteed to be 100% secure all the time, we strive to use the best practices used in the community to protect your Personal information. We will make any disclosures that are required by the law in the event we discover any breach of the security of your Personal information, including notifying you via e-mail or conspicuous posting on the Website without unreasonable delay.

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