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Terms of Use Agreement
This site is owned or managed by Vitaelin
Nutraceuticals and Vitaelin Healthcenter (“Vitaelin”)
and is part of the Vitaelin family of companies, which
includes other brands and services, (each a “Vitaelin
Website,” and collectively the “Vitaelin
Websites”).
The information contained in this
website is solely intended for the visitors to this.
Vitaelin provides this Vitaelin Website and related
services for your personal non-commercial use only and
subject to your compliance with this Terms of Use
Agreement (the “Agreement”). Please read this Agreement
carefully before using this Vitaelin Website. Your use
of this Vitaelin Website constitutes your acceptance to
be bound by this Agreement without limitation,
qualification or change. If at any time you do not
accept all the terms and conditions of this Agreement,
you must immediately discontinue use of this Vitaelin
Website. This Agreement sets forth Vitaelin’s policies
with respect to its operation of the Vitaelin Websites.
Other policies govern Vitaelin’s non-Internet
operations.
Certain products or services offered
by this and/or other Vitaelin Websites (each a “Vitaelin
Internet Service,” and collectively “Vitaelin Internet
Services”), and certain areas within this and/or other
Vitaelin Websites may be governed by additional terms
(“Additional Terms”) presented in conjunction with those
products or services. You must agree to these Additional
Terms before using those areas or Vitaelin Internet
Services. The Additional Terms and this Agreement shall
apply equally. In the event of an irreconcilable
inconsistency between the Additional Terms and this
Agreement, the Additional Terms shall
control.
YOU MAY NOT USE ANY VITAELIN WEBSITE
FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS
AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR
ACCESS TO ANY VITAELIN WEBSITE MAY BE TERMINATED
IMMEDIATELY IN VITAELIN’S SOLE DISCRETION, WITH OR
WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY
PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR
FOR ANY OTHER REASON, OR NO REASON.
Changes to this Agreement
Vitaelin reserves the right, in its
sole discretion, to modify, alter, or otherwise change
this Agreement and/or the Additional Terms at any time.
Please review this Agreement and/or Additional Terms
periodically for changes. Your continued use of the
Vitaelin Website and/or Vitaelin Internet Service
constitutes your acceptance and agreement to be bound by
these changes without limitation, qualification or
change. If at any time you do not accept these changes,
you must immediately discontinue use of this Vitaelin
Website and/or the Vitaelin Internet Service to which
the changes may apply.
Privacy and Protection of Personal
Information
Vitaelin has developed a Privacy
Statement in order to inform you of its practices with
respect to the collection, use, and disclosure of
personal information. You can find this Statement by
clicking here
Accounts, Security, Passwords
If a particular Vitaelin Website or
Vitaelin Internet Service or one of our direct vendors
and/or associates requires you to open an account, you
must complete the specified registration process by
providing us with current, complete, and accurate
information as requested by the applicable online
registration form. It is your responsibility to maintain
the currency, completeness, and accuracy of your
registration data and any loss caused by your failure to
do so is your responsibility. After you have fully
completed the registration form, you may be asked to
choose a password and a user name. It is entirely your
responsibility to maintain the confidentiality of your
password and account. Additionally, you are entirely
responsible for any and all activities that occur under
your account. You agree to notify Vitaelin immediately
of any unauthorized use of your account. Vitaelin is not
liable for any loss that you may incur as a result of
someone else using your password or account, either with
or without your knowledge. You may cancel your account
by delivering notice in the manner provided in the
Additional Terms governing the particular Vitaelin
Internet Service.
Fees
Except where otherwise provided,
access to and use of this Vitaelin Website and the
Vitaelin Internet Services offered through this site are
currently available without charge. Vitaelin reserves
the right to charge a fee for access to or use of
selected parts of this Vitaelin Website, or any Vitaelin
Internet Service available on this Vitaelin Website at
any time in the future. Your access to or use of this
Vitaelin Website before such time does not entitle you
to use of this Vitaelin Website without charge in the
future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY
ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS
VITAELIN WEBSITE AND/OR VITAELIN INTERACTIVE SERVICE IS
AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE,
PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED
GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS
VITAELIN WEBSITE OR VITAELIN INTERACTIVE SERVICE ARE
PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.
VITAELIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS
INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, VITAELIN
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR
NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
VITAELIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
THAT THIS VITAELIN WEBSITE WILL OPERATE ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES
AND/OR OTHER HARMFUL COMPONENTS. VITAELIN DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND
CONTAINED WITHIN THIS VITAELIN WEBSITE FOR ANY PURPOSE,
INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION,
TEXT AND RELATED GRAPHICS CONTENT.
VITAELIN IS NOT RESPONSIBLE FOR ANY
FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR
REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS,
INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET
ORDERS OR VITAELIN INTERACTIVE SERVICES, OR ANY COMPUTER
VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR
TECHNICAL IN NATURE.
Links
This Vitaelin Website may contain
links to websites operated by third parties. Vitaelin
does not monitor or control the linked sites and makes
no representations regarding, and is not liable or
responsible for the accuracy, completeness, timeliness,
reliability or availability of, any of the content
uploaded, displayed, or distributed, or products, or
services available at these sites. If you choose to
access any third party site, you do so at your own risk.
The presence of a link to a third-party site does not
constitute or imply Vitaelin’s endorsement, sponsorship,
or recommendation of the third party or of the content,
products, or services contained on, or available
through, the site.
Software Available Through Vitaelin
Websites
Any software that is made available
to view and/or download in connection with a Vitaelin
Internet Service (“Software”) is owned or controlled by
Vitaelin and/or licensors, affiliates and suppliers and
is protected by copyright laws and international treaty
provisions. Your use of the Software is governed by the
terms of the end user license agreement, if any, which
accompanies or is included with the Software. Vitaelin
accepts no responsibility or liability in connection
with any Software owned or controlled by third parties,
and makes no representation or warranty that such
software is free of defects, bugs, malicious code,
adware, spyware, viruses or other harmful
conditions.
Third-Party Merchants
This Vitaelin Website may enable
you to order and receive products, information and
services from businesses that are not owned or operated
by Vitaelin. The purchase, payment, warranty, guarantee,
delivery, maintenance, and all other matters concerning
the merchandise, services or information, opinion or
advice ordered or received from such businesses are
solely between you and such businesses. Vitaelin does
not endorse, warrant, or guarantee such products,
information, or services, and is not liable for the
accuracy, completeness, or usefulness of such
information or the quality of availability of such
products or services. Vitaelin will not be a party to or
in any way responsible for monitoring any transaction
between you and third-party providers of such products,
services, or information, or for ensuring the
confidentiality of your credit card information. Any
separate charges or obligations you incur in your
dealings with these third parties are your
responsibility and are not part of the fee, if any,
charged for the Vitaelin Internet Service.
Modification/Termination by
Vitaelin
Vitaelin reserves the right, in its
sole discretion, to modify, suspend, or terminate this
Vitaelin Website and/or any portion thereof, including
any Vitaelin Internet Service, and/or your account,
password, or use of any Vitaelin Internet Service, or
any portion thereof, at any time for any reason with or
without notice to you.
Termination of your account for a
Vitaelin Internet Service removes your authorization to
use the Vitaelin Internet Service. In the event of
termination, you will still be bound by your obligations
under this Agreement and any Additional Terms, including
the warranties made by you, and by the disclaimers and
limitations of liability. Additionally, Vitaelin shall
not be liable to you or any third-party for any
termination of your access to a Vitaelin Internet
Service.
Employment Opportunities
Vitaelin may, from time to time,
post Vitaelin employment opportunities on the Site
and/or invite users to submit resumes to it. If you
choose to submit your name, contact information, resume
and/or other personal information to Vitaelin in
response to employment listings, you are authorizing
Vitaelin to utilize this information for all lawful and
legitimate hiring and employment purposes. Vitaelin also
reserves the right, at its sole discretion, to forward
the information you submit to its parents, subsidiaries
and affiliates for legitimate business purposes. Nothing
in these Terms of Use or contained in the Site shall
constitute a promise by Vitaelin to interview, hire or
employ any individual who submits information to it, nor
shall anything in these Terms of Use or contained in the
Site constitute a promise that Vitaelin will review any
or all of the information submitted to it by
users.
Subscription Services
This Vitaelin Website may offer
certain Vitaelin Subscription Services such as
newsletters (collectively “Vitaelin Subscription
Services”). By registering for a Vitaelin Subscription
Service, you will be subject to any charges and rules
set forth in the description of that service.
Contests/Sweepstakes
For Additional Terms applying to
all contests or sweepstakes conducted by this Vitaelin
Website, refer to this site’s contest or sweepstakes
information.
Limitations on Liability
In no event shall Vitaelin, its
subsidiaries, affiliates, distributors, suppliers,
licensors, directors, officers, employees, agents or
others involved in creating, sponsoring, promoting, or
otherwise making available the Vitaelin Website and its
contents, be liable to any person or entity whatsoever
for any direct, indirect, incidental, special,
compensatory, consequential, or punitive damages or any
damages whatsoever, including but not limited to:
(i)
Loss of goodwill, profits, business
interruption, data or other intangible losses;
(ii)
Your inability to use, unauthorized
use of, performance or non-performance of the Vitaelin
Website;
(iii)
Unauthorized access to or tampering
with your personal information or transmissions;
(iv)
The provision or failure to provide
any service;
(v)
Errors or inaccuracies contained on
the Vitaelin Website or any information, software,
products, services, and related graphics obtained
through the Vitaelin Website;
(vi)
Any transactions entered into
through this Vitaelin Website;
(vii)
Any property damage including
damage to your computer or computer system caused by
viruses or other harmful components, during or on
account of access to or use of this Vitaelin Website or
any site to which it provides hyperlinks; or
(viii)
Damages otherwise arising out of
the use of the Vitaelin Website and Vitaelin Internet
Services. The limitations of liability shall apply
regardless of the form of action, whether based on
contract, tort, negligence, and strict liability or
otherwise, even if Vitaelin has been advised of the
possibility of damages.
Indemnification
You agree to indemnify, defend, and
hold harmless Vitaelin, its subsidiaries, agents,
distributors and affiliates, and their officers,
directors and employees from and against any and all
claims, actions, demands, liabilities, costs and
expenses, including, without limitation, reasonable
attorneys’ fees, resulting from your breach of any
provision of this Agreement, the Additional Terms, or
any warranty you provide herein, or otherwise arising in
any way out of your use of this Vitaelin Website and any
related Vitaelin Internet Service and/or software.
Vitaelin reserves the right to take exclusive control
and defence of any such claim otherwise subject to
indemnification by you, in which event you will
cooperate fully with Vitaelin in asserting any available
defences.
International Use/U.S. Export
Controls
Accessing materials on this
Vitaelin Website by certain persons in certain countries
may not be lawful, and Vitaelin makes no representation
that materials on this Vitaelin Website are appropriate
or available for use in locations outside the United
States. If you choose to access this Vitaelin Website
from outside the United States, you do so at your own
risk and initiative, and are responsible for compliance
with any applicable local laws.
The United States controls the
export of any software downloadable from this Vitaelin
Website. No software or any other materials associated
with this Vitaelin Website may be downloaded or
otherwise exported or re-exported to countries or
persons prohibited under export control laws, including
but not limited to countries against which the United
States has embargoed goods, or to anyone on the U.S.
Treasury Department list of Specially Designated
Nationals and Blocked Persons or the U.S. Commerce
Department’s Table of Deny Orders. You are responsible
for compliance with the laws of your local jurisdiction
regarding the import, export, or re-export of any such
materials. By using and/or downloading any such
materials from a Vitaelin Website, you represent and
warrant that you are no located in, under the control
of, or a national or resident of any such country to
which such import, export, or re-export is prohibited or
are not a person or entity to which such export is
prohibited.
Privacy
statement
This statement informs you of
Vitaelin’s practices with respect to the online
collection, use, and disclosure of personal information
from this Vitaelin Website. Personal information is
information that allows us to contact you (such as email
address, home address, or telephone number) or other
information that, when linked to your name or contact
information, allows us to personalize your visit to our
site by providing you with information that suits your
interests.
Vitaelin is the owner of this
website and retains all ownership rights to the
information collected at this site. Vitaelin reserves
the right to change, modify, add, or remove provisions
of this Privacy Statement. Any changes to this Privacy
Statement will be posted on this website and we
encourage you to check back from time to
time.
Personalization
Although you may use many features
of this site without completing a registration or
sign-up form, visitors who do register and/or sign up
for special services may have access to additional
features of the site and are more likely to receive
information suited to their interests.
We may use the contact information
you give us to better tailor your website experience to
your interests, and to send you information about
Vitaelin and its services as well as promotional
material on behalf of some of our partners. We use other
information that you provide to us to show you content
in which you may be interested and to display the
content according to your preferences. We will also
share this information within the Vitaelin family in
order to enhance your experience on this and other
Vitaelin Websites.
In addition, we may share this
information with advertisers or other third parties that
are not part of the Vitaelin family on an aggregate or
other basis that does not disclose your identity or
contact information.
Online Surveys/Contests
From time to time, we may conduct
online surveys and contests. These ask you for contact
information (like name or email address) and demographic
information (like zip code or age). We may use this
contact information from our surveys and contests to
provide you with information about our company and
promotional material on behalf of some of our partners,
and to contact you when necessary.
Supplemental Information
To enhance Vitaelin’s ability to
tailor this site to your preferences, we may combine
information that you provide us on registration and
other online sign-up forms with other information about
you that we may obtain. We do not share that information
with any other party.
Shopping/Commercial Services
This Vitaelin site may offer
shopping services, which may be offered by us or by a
firm that operates a store under contract with us. If
our site offers shopping or other commercial services,
you will use a customer order form to request
information, products, and services. The order form will
ask you to give us contact information (like name or
email address), financial information (like account or
credit card numbers), and demographic information (like
zip code or age).
We will use the financial
information that you provide to bill you for products
and services. By giving our site your credit card and
related personal information, you are authorizing our
store to give that information to the merchant and
credit card company in order to confirm and fulfil your
order.
We will use contact information
from the order form to fulfil your orders. We may also
use contact data to get in touch with you when
necessary. We will not otherwise use or distribute your
financial information without your prior
approval.
Public Forums
This site may make available chat
rooms, forums, message boards, and news groups. Please
remember that any information that you disclose in these
areas becomes public information and you should exercise
caution when deciding to disclose your personal
information.
Information Sharing With Third
Parties
From time to time we may enter into
a special relationship with another company that is not
owned by Vitaelin to provide additional features at this
site. These special relationships may include “powered
by” partners, business partners, sponsors, and
co-branded sites (referred to here as “co-branded
pages”). These might include, for example, pages that
share our name and that of another entity. You should
look for a specific privacy statement on any such
co-branded page. Any personal information that you
provide when signing up at one of those co-branded pages
may be shared with our third party partner. You should
also check our partner’s website for information
regarding its privacy policies.
Also, the nature of some features
of our site may require that we share personal
information about you with persons or companies outside
of the Vitaelin family. For example, this may occur at a
feature that enables you, via our site, to ask questions
of persons or entities that are not part of the Vitaelin
family. By responding to those features of the site,
whether by email or direct entry of information on our
Website, you are consenting to our transferring that
information to such persons or entities.
With respect to specific
registration modules, like contests, we may disclose
personal information collected, and we will post a
conspicuous statement on the registration module to the
effect that we will be disclosing the information
collected with third parties.
Finally, we may share any of the
information collected from you with these other
non-Vitaelin companies in an aggregate basis. The
aggregated information is not linked to any information
that can identify you.
IP Address and Log Files
We may use your IP address to
administer our Website, to help diagnose problems with
our server, to analyse trends, to track users’ webpage
movements, to help identify you and your shopping cart,
and to gather broad demographic information for
aggregate use.
Cookies
This Vitaelin site may use a
standard technology called a “cookie” to collect
information about how you use the site. Cookies reside
on your computer and help our website to recognize your
computer’s browser as a previous visitor. This
information allows us to customize delivery of
information. For example, our site may use cookies to
save and remember registration information or
preferences that you may have set while browsing the
site, to keep track of your shopping cart, to ensure you
don’t see the same ad content repeatedly, to deliver
content specific to your interests, and to save your
password so you don’t have to re-enter it each time you
visit our site. We use cookies only to gather
information as indicated in this policy.
In addition, on occasion our site
may also set a “session cookie” which helps us
administer the site. The session cookie expires when you
close your browser and does not retain any information
about you after it expires.
Banner Advertising
We may license ad-server software
from another company to place banner advertising on our
sites. All of the data provided and generated by the
ad-server software remains in our possession and no data
is transferred to the licensor of the software. This
feature of our site may, on occasion, set “cookies” on
your computer. Any information collected or stored by
the ad-service or the cookies is treated in the same
manner as other information as described in this
statement.
Children’s Personal
Information
Consistent with the Children’s
Online Privacy Protection Act:
This site does NOT collect, use, or
disclose personal information (including online contact
information) of children under the age of 13.
In the event that a child under the
age of 13 attempts to register on our site, we will NOT
accept the registration and will delete information
received from the child.
In the event that a child posts
personal information in a public forum such as a chat
room, we will attempt to delete that information once we
become aware of it.
Your Choices
This Vitaelin site provides you the
opportunity to opt-out of receiving email communications
from us and from our special relationship partners. To
opt-out of receiving email communications, you:
• Modify your registered user
information on our website; or
• Send an
email to admin@vitaelinhealthcenter.com
Access to Personal Information
Vitaelin gives you the opportunity
to modify or remove personal information that you have
provided to us. You may do so by modifying your
password-protected registered user information on our
website.
Security of Your Personal
Information
Vitaelin employs reasonable
security measures consistent with standard industry
practice, for information collected through this
website. We believe that we have adequate security
measures in place in our physical facilities to protect
against the loss, misuse, or alteration of the
information we collect on our website. We also use
internal protections to limit access to users’ personal
information to only those employees who need the
information to perform a specific job. You should be
aware that Internet is inherently susceptible to
security failures beyond Vitaelin’s control, and you
should keep this in mind when communicating any
information.
Sale or Merger
If this site is sold to, or merges
with, another company not owned by Vitaelin, you should
expect that some or all of the information collected
from this website may be transferred to the
buyer/surviving company. If so, Vitaelin will seek to
obligate the acquiring company to use any personal
information transferred by this site in a manner
consistent with this statement, but cannot guarantee
that it will be able to impose that requirement or that
the acquiring company will comply.
Legal Process
You should be aware that Vitaelin
might be required to disclose your personal information
to the government or third parties under certain
circumstances, such as in court or regulatory
proceedings.
Contacting the Website
If you have any questions about
this privacy statement, the practices of this site, or
your dealings with this website, you can contact us at
info@vitaelinhealthcenter.com
Leased Content
No third-party licensor shall have
any liability for the accuracy or completeness of this
service or any component thereof or for delays, lack of
authenticity, omissions, or other defects therein nor
for any claims or losses arising there from or
occasioned thereby, including, without limitation, any
lost profits, indirect, special, or consequential
damages. Third party licensors have exclusive
proprietary rights from the information received via the
service. Customer, end-user, or visitor, as applicable,
shall not use or permit anyone to use the information
provided through the service for any unlawful or
unauthorized purpose. Customer, end-user, or visitor, as
applicable, is not authorized or permitted to furnish
such information to any person or firm for reuse or
retransmission without prior written approval of the
source of such information. Provision of the information
on the service is subject to termination in the event
that any agreement between a third party licensor and a
provider of information distributed through the service
is terminated in accordance with its terms. Third party
licensor and its subsidiaries, affiliates, information
providers and content partners shall have no liability
for investment decisions based on the information
provided hereby.
General Information
This Agreement and the Additional
Terms shall be governed by, construed and enforced in
accordance with the laws of the State of Arizona, as it
is applied to agreements entered into and to be
performed entirely within such state, without regard to
conflict of law principles. You agree that any cause of
action you or Vitaelin brings to enforce this Agreement
and/or the Additional Terms, or in connection with any
matters related to this Vitaelin Website and/or the
Privacy Statement, shall be brought only in either the
state or Federal courts located in Phoenix, Arizona. You
agree to submit to the personal jurisdiction of the
courts of the State of Arizona for any cause of action
arising out of this Agreement. You agree to file any
cause of action with respect to this Agreement within
one year after the cause of action arises. You agree
that a cause of action filed after this date is
barred.
If any provision of this Agreement,
or the application thereof to any person or
circumstances, is held invalid or for any reason,
unenforceable including, but not limited to, the
warranty disclaimers and liability limitations, then
such provision shall be deemed superseded by a valid,
enforceable provision that matches, as closely as
possible, the original provision, and the other
provisions of this Agreement shall remain in full force
and effect. The failure of either party to insist upon
strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or
right. Unless expressly provided otherwise, this
Agreement is the entire agreement between you and
Vitaelin with respect to the use of this Vitaelin
Website and shall not be modified except in writing,
signed by an authorized representative of
Vitaelin.
If you have any questions
concerning this Agreement, you may send them by email to
admin@vitaelinhealthcenter.com You must send any official
correspondence via postal mail to:
Vitaelin Nutraceuticals
General Counsel
c/o Legal Department
4960 South Gilbert Rd
Suite 1-286t
Chandler, AZ 85249
E-mail: info@vitaelinhealthcenter.com
Other Foreign Nations
This Vitaelin website is governed
by and operated in accordance with the laws of United
States of America and is intended for enjoyment of
residents of the United States. Vitaelin makes no
representation that this website is governed by or
operated in accordance with the laws of other nations.
By using this site and submitting any personal
information, visitors from outside of the United States
acknowledge that this site is subject to U.S. law,
consent to the transfer of personal data to the U.S.,
and waive any claims that may arise under their own
national laws.
Copyright & Trademark
Notice
Use of
Intellectual Property
The Vitaelin Website, and all of
its contents, including but not limited to articles,
other text, photographs, images, illustrations,
graphics, video material, audio material, including
musical compositions and sound recordings, software,
logos, titles, characters, names, graphics and button
icons (collectively “Intellectual Property”), are
protected by copyright, trademark and other laws of the
United States, as well as international conventions and
the laws of other countries. The Intellectual Property
is owned or controlled by Vitaelin or by other parties
that have provided rights thereto to
Vitaelin.
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