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Term & Conditions
 

Effective as of July 7, 2021

Agreement between User, Client, or Contractor and www.dnabrandmgt.com

Welcome to www.dnabrandmgt.com. The www.dnabrandmgt.com  website (the "Site") is comprised of various web pages operated by DAS & AGT MANAGEMENT LLC, also doing business as D&A Brand Management Company ("DAS & AGT MANAGEMENT LLC"). www.dnabrandmgt.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.dnabrandmgt.com  constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

www.dnabrandmgt.com  is an E-Commerce Site.

 

Selling digital services and other material

 

Privacy

Your use of www.dnabrandmgt.com  is subject to D&A Brand Management Company's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting www.dnabrandmgt.com  or sending emails to D&A Brand Management Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

If you use this site, 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 D&A Brand Management Company is not responsible for third party access to your account that results from theft or misappropriation of your account. D&A Brand Management Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

 

Children Under Thirteen

D&A Brand Management Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.dnabrandmgt.com only with the permission of a parent or guardian.

 

Cancellation/Refund Policy

All D&A Brand Management Co. Services are backed up by a 100% Customer Satisfaction Guarantee. This means we will provide you with a specific amount of revisions after the initial design/service is completed, based on the package, until a project has met our customers' reasonable and sound expectations and standards. D&A Brand Management does reserve the right to not proceed with further revisions if management determines the client has no clear strategy, business plans, or final destination from a design perspective.  Furthermore, because all Digital Services are unique and custom-branded, all Digital Services are non-refundable. Only under certain circumstances, and case-by-case situations, D&A Brand Management Co. will determine if a full refund is warranted at the discretion of management. Please note, if a client is considering canceling a monthly contract, service, or specified business relationship with D&A Brand Management that involves any or a combination of services, the client must do so 7 business days before the effective date of their cancellation via email, phone, or in-person. Failure to do so will result in a non-refundable charge if the clients' monthly recurring due date falls within the 7 business day cancellation period. D&A Brand Management creates, plans, schedules, and anticipates the content of the services we offer ahead of the billing cycle a client is enrolled in and will recover for lost research, content creation, and scheduled delivery of the digital services.

Dispute Resolution Policy

Resolving Disputes
a. At D&A Brand Management ("the Agency"), we strive to provide excellent service and maintain positive client relationships. If a customer has any issues, concerns, or disputes regarding our services or experiences with our employees or representatives, we encourage them to promptly reach out to us to discuss and resolve the matter.
b. Clients can contact our designated customer support team via phone, email, or any other communication channel specified by the Agency to initiate the dispute resolution process.

c. We are committed to addressing client concerns in a fair, transparent, and efficient manner, and will make reasonable efforts to find an amicable solution that satisfies both parties.

Non-Refundable Policy
a. D&A Brand Management maintains a non-refundable policy, as outlined in our terms and conditions or client agreement. This policy states that certain charges, fees, or payments made to the Agency are non-refundable, except as expressly stated otherwise in the agreement or as required by applicable laws.
b. Clients are responsible for familiarizing themselves with the terms and conditions or client agreement governing their engagement with the Agency, including the non-refundable policy.

Disputes Filed with Banks
a. If a customer attempts to file a dispute with their bank or financial institution against an authorized charge by D&A Brand Management, we want to emphasize that we have zero tolerance for customers disputing rightful charges through such means.
b. By engaging with our services and accepting our terms and conditions or client agreement, clients acknowledge and agree that disputes should be handled directly with the Agency in accordance with this policy.

c. In the event that a client initiates a dispute with their bank against a rightful charge by D&A Brand Management, the Agency reserves the right to uphold its non-refundable policy and take appropriate action to protect its interests.

Good Faith Resolution
a. We encourage open and honest communication between the client and the Agency during the dispute resolution process. Both parties should make reasonable efforts to provide accurate information, listen to each other's perspectives, and work towards a mutually beneficial resolution.
b. The Agency will make reasonable efforts to investigate and address the dispute in a timely manner, providing updates and maintaining clear lines of communication with the client throughout the process.

Governing Law and Jurisdiction
a. Any disputes arising from or related to this policy shall be governed by the laws and regulations of the jurisdiction where the Agency is located.
b. The parties agree that any legal action or proceedings arising out of or in connection with this policy shall be brought exclusively in the courts of the jurisdiction where the Agency is located.

Website Maintenance Policy

Website Maintenance refers to D&A Brand Mgt providing assistance with any aesthetic and technical issues that may arise during the 12 months of service on the Wix hosting platform provided to the client. Minimum aesthetic and design changes are acceptable,  but the client will be charged $150 per hour for any "deemed to be significant design changes" to the completed website that the client requests to be completed. Maintenance does include uploading pictures, videos, new written content provided by the client, price changes, or any website updates that are necessary for the client's business to remain up-to-date. D&A Brand Mgt reserves the right to decline to make any changes that may violate Wix Hosting platform terms & conditions, are deemed unethical by US Federal and State laws, and/or any changes that may put D&A Brand Mgt, or the client, in any immediate risk or danger. Changes will typically be completed with 24 hours but may take longer depending on the scale of the changes. 

Search Engine Optimization Services (SEO)

This contract is entered into between D&A Brand Management Co. and your company (hereinafter
referred to as “Client”) on the day you complete the form.

  1. D&A Brand Management Co. will provide the Client with Search Engine Optimization Services (hereinafter referred to as “SEO”) as described in this contract. D&A Brand Management Co. will use specific keywords and/or phrases to improve the search engine ranking of, and/or position the contents of the Client’s website.

  2. All invoices must be paid in full within 3 days of billing.
    D&A Brand Management Co.'s SEO services are intended to serve two main purposes: 1) to provide the Client with increased exposure in search engines, and 2) to drive targeted online traffic to the site.

    • Researching keywords and phrases to select appropriate, relevant search terms.

    • Obtaining “back links” from other related websites and directories in order to generate link popularity and traffic.

    • Editing and/or optimization of text for various html tags, metadata, page titles, and page text as necessary.

    • Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.

    • Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.

    • Create traffic and ranking reports showing rankings in the major search engines.

    • Creating blog posts and social media posts.

  3. D&A Brand Management Co’s SEO Services may include (but are not limited to):

  4. For the purposes of receiving professional SEO services, the Client agrees to provide the following:

    • Administrative/backend access to the website for analysis of content and structure.

    • Permission to make changes for the purpose of optimization, and to communicate directly with any third parties.

    • Unlimited access to existing website traffic statistics for analysis and tracking purposes.

    • Access to a client email address (@domain or Gmail) for the purposes of requesting links.

    • Authorization to use client pictures, logos, trademarks, website images, pamphlets, content, etc., for any use as
      deemed necessary by (Company name) for search engine optimization purposes.

    • If the Client’s site is lacking in textual content, the Client will provide additional text content in electronic format for the
      purpose of creating additional or richer web pages.

  5. The client must acknowledge the following with respect to SEO services:

    • All fees are non-refundable 

    • All fees, services, documents, recommendations, and reports are confidential.

    • D&A Brand Management Co. has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.

    • Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, D&A Brand Management Co. does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.

    • Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, D&A Brand Management Co. will re-optimize the website/page based on the current policies of the search engine in
      question.

    • Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid-for inclusion or expedited service fees. D&A Brand Management Co. can offer a list of expedited listing services upon request.

    • Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. D&A Brand Management Co. does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.

  6. D&A Brand Management Co. is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.

  7. Additional Services not listed herein (branded copywriting, blitz campaigns, addition consulting, etc.) will be provided for a fee of $100-$200 per hour.

  8. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to D&A Brand Management Co. for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend D&A Brand Management Co. and its subcontractors
    from any liability or suit arising from the use of such elements.

  9. D&A Brand Management Co. is not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content, based on the hourly rate of $200 per hour. Notwithstanding any other provision of this Agreement, D&A Brand Management Co.'s obligation to provide free SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s webmaster uploads content without consulting D&A Brand Management Co., then D&A Brand Management Co. obligation to provide SEO
    services for free shall terminate.

Search Engine Optimization (SEO) 6-Month Moneyback Guarantee

D&A Brand Management Co.'s 6-Month Moneyback Guarantee starts after the 1st full month of SEO onboarding (30 days from SEO service activation). D&A Brand Management Co.'s guarantee applies and is considered successful if at least 1 keyword of the approved SEO keyword list arrives in the top 10 positions of search engine results on the 6-month mark of the SEO campaign activation date. If the customer cancels SEO service prior to the full 6 months from the activation date, requests keyword changes during the SEO campaign, or adds additional content to the website not approved by D&A Brand Management Co., the 6-month Moneyback Guarantee is voided and no refund will be issued. The actions listed above directly affect the initial assessment of the SEO campaign and may cause it to be extended beyond the initial estimated time of 6 months to successfully reach the top 10 results. D&A Brand Management Co. cannot assess or determine which exact action may have caused a setback in the SEO campaign and will therefore not attempt to determine a 6-month Moneyback Guarantee eligibility date if the actions listed above occur to void the 6-month Moneyback Guarantee.

Social Media Management & Marketing Services.

D&A Brand Management Co. can not guarantee the number of followers you will receive or obtain. We cannot guarantee that social media management will drive or increase your revenue-generating capabilities. The Social Media Management services are design to entice followers to look at your social media presence, gain a better understanding of your brand's services and concept, and increase engagement with your brand; however, the effectiveness of this service is based on your own resources, services, and ability to maintain engagement with your audience, followers, and customers.

 

Links to Third-Party Sites/Third-Party Services

www.dnabrandmgt.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of D&A Brand Management Company and D&A Brand Management Company is 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. D&A Brand Management Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by D&A Brand Management Company of the site or any association with its operators.

 

Certain services made available via www.dnabrandmgt.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.dnabrandmgt.com domain, you hereby acknowledge and consent that D&A Brand Management Company may share such information and data with any third party with whom D&A Brand Management Company has a contractual relationship to provide the requested product, service, or functionality on behalf of www.dnabrandmgt.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.dnabrandmgt.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to D&A Brand Management Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. 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.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of D&A Brand Management Company or its suppliers and protected by copyright 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.

 

You will not modify, publish, transmit, 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 Site. D&A Brand Management Company content is not for resale. Your use of the Site 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 D&A Brand Management Company and the copyright 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 D&A Brand Management Company or our licensors except as expressly authorized by these Terms.

Intellectual Property Ownership and Cancellation Policy

Intellectual Property Ownership
a. D&A Brand Management ("the Agency") retains full ownership and control over all intellectual property created, developed, or produced by the Agency, including but not limited to trademarks, copyrights, trade secrets, patents, designs, inventions, and any other intellectual property rights recognized by applicable laws.
b. Unless explicitly agreed upon and approved by D&A Brand Management in writing, the Agency does not transfer or assign any copyrights or intellectual property rights to clients or third parties.

Cancellation of Contract
a. In the event that a client cancels a contract with D&A Brand Management, the Agency reserves the right to charge the customer for the full market value of the intellectual property created or developed by the Agency for the client during the course of the engagement.
b. The full market value of the intellectual property shall be determined by the Agency, taking into consideration factors such as the scope of work, resources invested, creative efforts, and the fair market value of similar intellectual property.

c. The client shall be liable to pay the full market value of the intellectual property, unless there is a prior written agreement between the client and D&A Brand Management that specifically grants the client ownership or usage rights to the intellectual property upon contract termination.

Release of Intellectual Property Rights
a. If the client has made full payment for the intellectual property as determined in accordance with Section 2, or if there is a prior written agreement granting ownership or usage rights, D&A Brand Management may, at its discretion, release the intellectual property rights to the client upon request.
b. The release of intellectual property rights shall be subject to any applicable terms and conditions as mutually agreed upon by the client and D&A Brand Management.

Dispute Resolution
a. In the event of a dispute regarding intellectual property ownership or the charges imposed upon contract cancellation, the parties agree to resolve the dispute through good-faith negotiations and, if necessary, alternative dispute resolution mechanisms such as mediation or arbitration.
b. Any dispute resolution process shall be conducted in accordance with the applicable laws and regulations governing such matters.

Modification and Termination
a. D&A Brand Management reserves the right to modify, amend, or terminate this policy at any time, in whole or in part, at its sole discretion. Any such modifications or termination shall be communicated to clients in writing.
b. This policy shall continue to apply to any intellectual property created or developed by the Agency during the period of the engagement, even after the termination of the contract.

 

International Users

The Service is controlled, operated, and administered by D&A Brand Management Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the D&A Brand Management Company Content accessed through www.dnabrandmgt.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless D&A Brand Management Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or 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. D&A Brand Management Company 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 D&A Brand Management Company in asserting any available defenses.

 

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and 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. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. 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. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and D&A Brand Management Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. D&A Brand Management Company AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

D&A Brand Management Company AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. D&A Brand Management Company AND/OR ITS 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 D&A Brand Management Company AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF D&A Brand Management Company OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

D&A Brand Management Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and D&A Brand Management Company as a result of this agreement or use of the Site. D&A Brand Management Company's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of D&A Brand Management Company's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by D&A Brand Management Company with respect to such use. 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 D&A Brand Management Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and D&A Brand Management Company with respect to the Site. 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 of the parties that this agreement and all related documents be written in English.

 

Changes to Terms

D&A Brand Management Company reserves the right, in its sole discretion, to change the Terms under which www.dnabrandmgt.com is offered. The most current version of the Terms will supersede all previous versions. D&A Brand Management Company encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

D&A Brand Management Company welcomes your questions or comments regarding the Terms:

 

D&A Brand Management Company

Email Address:

info@dnabrandmgt.com

Phone number:

(305) 548-1822

 

Effective as of July 7, 2021

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