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Please
read this agreement carefully. It governs your use of the Road Runner
Offroad web site and the services and goods provided through the web site
(collectively the "web site"). It exempts Road Runner Offroad and other
persons from liability or limits their liability and contains other
important provisions that you should read. Each time you use the web site
you acknowledge and signify that you have read, understood, and agreed to
be bound by this agreement. If you do not agree with each provision of
this agreement each time you use the web site, you may not use the web
site. Each time you use the web site, the text of this agreement as it
then reads will govern your use. Accordingly, when you use the web site
you should check the date of this agreement and review any changes since
the last version. |
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1.
YOUR ACCEPTANCE OF THIS AGREEMENT: |
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This
is an agreement between you and Road Runner Offroad and governs your use
of the Road Runner Offroad Web site and its content and the services and
goods provided through the Web site (collectively the "Web Site"). Each
time you use the Web Site you signify your acceptance and agreement, and
the acceptance and agreement of any person you purport to represent (and
for purposes of this Agreement, "person" includes any type of incorporated
or unincorporated entity), without limitation or qualification, to be
bound by this Agreement, and you represent and warrant that you have the
legal authority to agree to and accept this Agreement on behalf of
yourself and any person you purport to represent. If you do not agree with
each provision of this Agreement, or you are not authorized to agree to
and accept this Agreement, or you do not have the legal authority to agree
to and accept this Agreement, you may not use the Web
Site. |
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2.
CHANGES TO THIS AGREEMENT: |
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You
may not change, supplement, or amend this Agreement in any manner. Road
Runner Offroad may, in its sole discretion, change, and supplement or
amend this Agreement as it relates to your future use of the Web Site from
time to time, for any reason, and without any notice or liability to you
or any other person, by posting a revised Agreement on the Web
Site. |
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3.
PERMITTED USERS AND ACCESS: |
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The
Web Site may be used only by persons who have reached the age of majority
or legal age in their jurisdictions and who can form legally binding
contracts under applicable law. The Web Site may not be used by persons in
jurisdictions where access to or use of the Web Site or any part of it may
be illegal or prohibited. It is solely your responsibility to determine
whether your use of the Web Site is lawful, and you must comply with all
applicable laws. |
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4.
MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND
ORDERS: |
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Road
Runner Offroad endeavors to provide current and accurate information on
the Web Site. Nevertheless, misprints or other errors may occur.
Accordingly, Road Runner Offroad reserves the right to change the prices,
fees and charges regarding the goods and services available through the
Web Site at any time and from time to time without any notice or liability
to you or any other person. Also, Road Runner Offroad cannot guarantee
that goods or services advertised on the Web Site will be available when
ordered or thereafter. Road Runner Offroad also reserves the right at any
time to reject, correct, cancel or terminate any order. If you order goods
or services for which the price was incorrectly displayed, Road Runner
Offroad will provide you with an opportunity to cancel your order. If you
order goods or services that are not available, Road Runner Offroad will
notify you by email. Road Runner Offroad reserves the right to limit
quantities licensed or sold. The advertisements on the Web Site are
invitations for purchase orders, and are not offers to sell. Your properly
completed and delivered order form constitutes your offer to purchase the
goods or services referenced in your order. Your order shall be deemed to
be accepted only if and when Road Runner Offroad sends an order acceptance
and shipping notice email to your email address. If you wish to cancel an
order, you may request a cancellation by sending an email to Road Runner
Offroad. However, Road Runner Offroad may not receive and process your
cancellation request before it accepts and processes your order, in which
case your cancellation request may not be
effective. |
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5.
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND
INDEMNITY: |
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Road
Runner Offroad strives to make your use of the Web Site a useful and
enjoyable experience, and a safe and easy way to purchase goods over the
Internet. Nevertheless, Road Runner Offroad and its service providers (the
"Providers") do not accept any liability for your use of the Web Site. For
that reason, the following provisions apply to your use of the Web
Site: |
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5.1
DISCLAIMER |
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YOUR
USE OF THE WEB SITE IS AT YOUR OWN RISK. |
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THE
WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT
ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR
DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY ROAD RUNNER OFFROAD AND
THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
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YOU
(AND NOT ROAD RUNNER OFFROAD OR THE PROVIDERS ) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER
EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB
SITE. |
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THE
OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND ROAD
RUNNER OFFROAD'S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE
CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT
BE ELIMINATED. |
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ROAD
RUNNER OFFROAD IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF
THE WEB SITE. |
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THROUGH
YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN
COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT
YOUR OWN RISK. ROAD RUNNER OFFROAD IS NOT A PARTY TO ANY SUCH TRANSACTIONS
AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
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WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, ROAD RUNNER OFFROAD AND ITS
PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
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THE
WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND
SOFTWARE; |
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THE
WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL
BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
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THE
INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE,
COMPLETE, SEQUENTIAL, OR TIMELY; |
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CERTAIN
OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
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THE
USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY
INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER
DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR |
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THE
USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS ( INCLUDING INTELLECTUAL
PROPERTY RIGHTS ) OF ANY PERSON; |
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AND
ROAD RUNNER OFFROAD AND ITS PROVIDERS DISCLAIM ANY AND ALL
LIABILITYREGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
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5.2
LIABILITY EXCLUSION |
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ROAD
RUNNER OFFROAD AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION,
LOSS OF INCOME OR PROFITS ( ANTICIPATED OR OTHERWISE ), LOSS OF MARKETS,
ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR
PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF
LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE
WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR
OTHER FAULT OR WRONGDOING BY ROAD RUNNER OFFROAD OR ANY PROVIDER OR ANY
PERSON FOR WHOM ROAD RUNNER OFFROAD OR ITS PROVIDERS ARE RESPONSIBLE, AND
NOTWITHSTANDING THAT ROAD RUNNER OFFROAD OR ITS PROVIDERS MAY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU
OR ANY OTHER PERSON. |
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5.3
LIABILITY LIMITATION |
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IN
NO EVENT WILL ROAD RUNNER OFFROAD OR ANY OF ITS PROVIDERS BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS,
DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER
THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT
OR WRONGDOING BY ROAD RUNNER OFFROAD OR ANY PERSON FOR WHOM ROAD RUNNER
OFFROAD IS RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO ROAD
RUNNER OFFROAD FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.
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5.4
RELEASE |
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YOU
HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF ROAD RUNNER OFFROAD
AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, INFORMATION PROVIDERS, SERVICEPROVIDERS, SUPPLIERS, LICENSORS
AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS
FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF
ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND
DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING,
WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM,
RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
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5.5
INDEMNITY |
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YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF ROAD RUNNER OFFROAD
AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS
AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (
COLLECTIVELY, THE "INDEMNIFIED PARTIES" ) FROM AND AGAINST ANY AND ALL
LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE
LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION
WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH
YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST
AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES
IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND. |
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ADVICE
AND INFORMATION PROVIDED BY ROAD RUNNER OFFROAD OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR
CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER,
LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
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The
exclusion of certain warranties and the limitation of certain liabilities
are prohibited by legislation in some jurisdictions. Such legislative
limitations may apply to you. |
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The
disclaimer, liability exclusion, liability limitation, release, and
indemnity provisions in this Agreement survive indefinitely after the
termination of this Agreement. |
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6.
TERMINATION OF THIS AGREEMENT AND THE WEB SITE: |
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If
you breach any provision of this Agreement, you may no longer use the Web
Site. |
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Road
Runner Offroad may, in its sole discretion, change, suspend or terminate,
temporarily or permanently, the Web Site or any part of it or any of its
features at any time, for any reason, without any notice or liability to
you or any other person. |
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Road
Runner Offroad may at any time and for any reason, with or without cause,
and in its sole discretion, immediately suspend or terminate ( in whole or
in part ) your permission to use the Web Site, without any notice or
liability to you or any other person. |
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If
this Agreement or your permission to use the Web Site is terminated by you
or Road Runner Offroad for any reason, this Agreement will nevertheless
continue to apply and be binding upon you in respect of your prior use of
the Web Site and your purchases of goods and services through the Web Site
and anything connected with, relating to or arising from those
matters. |
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7.
INFORMATION SUBMISSIONS: |
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All
information you provide through the Web Site, including registration
information (name and email address), payment information (credit card
numbers and expiration dates), and transaction-related information, must
be true, accurate, current and complete. You must also provide Road Runner
Offroad with updated registration information and payment information
within 30 days of any changes. |
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Road
Runner Offroad will rely on the information you provide. You will be
solely responsible and liable for any and all loss, damage, and additional
costs that you, Road Runner Offroad or any other person may incur as a
result of your submission of any false, incorrect or incomplete
information or your failure to update your registration information and
payment information within 30 days of any change. Road Runner Offroad may
require a copy of a government-issued form of identification before making
any changes to your registration
information. |
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8.
OWNERSHIP AND PERMITTED USE OF THE WEB SITE: |
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The
Web Site and all information ( in text, graphical, video and audio forms
), images, icons, software, design, applications and other elements
available on or through the Web Site are the property of Road Runner
Offroad, its Providers and others, and are protected by AUSTRALIA and
international copyright, trade-mark, and other laws. Your use of the Web
Site does not transfer to you any ownership or other rights in the Web
Site or its content. You may only use the Web Site in the manner described
specifically in this Agreement. |
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The
Web Site may not be used for any purpose not expressly permitted by this
Agreement. In particular, except as expressly stated otherwise in this
Agreement, the Web Site may not be copied, imitated, reproduced,
republished, uploaded, posted, transmitted, modified, indexed, catalogued,
or distributed in any way, in whole or in part, without the express prior
written consent of Road Runner Offroad. You may not use any of the
software that is used in the operation of the Web Site except while you
are use the Web Site. You may not reproduce, copy, duplicate, sell, or
resell any part of the Web Site (including the software used in the
operation of the Web Site) or access to the Web
Site. |
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The
Web Site is made available to you for your lawful use only. You may not
print or download the pages. |
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9.
PERSONAL INFORMATION PRIVACY: |
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Road
Runner Offroad collects, uses, and discloses your personal information in
accordance with the Privacy Policy, which is available here. Road Runner
Offroad may change the Privacy Policy from time to time in its sole
discretion. By accepting this Agreement, and each time you use the Web
Site, you consent to Road Runner Offroad's collection, use and disclosure
of your personal information in accordance with the Privacy Policy as it
then exists without any further notice or any liability to you or any
other person. |
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10.
OTHER WEB SITES: |
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The
Web Site includes advertisements for, and links to, other Web sites or
resources and businesses operated by other persons ("Other Sites"). Other
Sites are independent from Road Runner Offroad, and Road Runner Offroad
has no responsibility or liability for or control over Other Sites, their
business, goods, services, or content. Links to Other Sites are provided
solely for your convenience. Road Runner Offroad does not sponsor or
endorse any Other Sites or their content or the goods or services
available through those other Web Sites. Your use of Other Sites and your
dealings with the owners or operators of Other Sites is at your own risk,
and you shall not make any claim against Road Runner Offroad arising out
of your use of any Other Sites or your dealings with the owners or
operators of any Other Sites. As between you and Road Runner Offroad, the
provisions of this Agreement under the section headed Disclaimer,
Liability Exclusion, Liability Limitation, Release and Indemnity apply,
with all necessary modifications, to your access to and use of any Other
Sites and their business, goods, services, and
content. |
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11.
LINKING TO THE WEB SITE: |
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Anyone
may link to http://www.roadrunneroffroad.com.au/ at any
time. |
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Road
Runner Offroad reserves the right to cancel and revoke any permission it
may give to link to the Web Site at any time, for any reason, without any
notice, and without any liability to you or any other
person. |
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12.
TRANSACTION AGREEMENTS: |
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All
transactions through the Web Site, including the purchase and sale of
Advertising and services and the licensing of software, are governed by
this Agreement and any applicable Transaction Agreement. By participating
in a transaction through the Web Site, you signify your agreement and
acceptance of the applicable Transaction
Agreement. |
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13.
PROMOTIONS: |
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From
time to time Road Runner Offroad may make promotions available to users of
the Web Site and others. All promotions are governed by this Agreement and
the applicable promotion rules. By participating in a promotion through
the Web Site, you signify your agreement and acceptance of this Agreement
and the applicable promotion
rules. |
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14.
DISPUTE RESOLUTION: |
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Any
dispute or difference arising in connection with this agreement shall be
submitted to arbitration in accordance with, and subject to, the Rules for
the Conduct of Commercial Arbitrations of the Institute of Arbitrators,
AUSTRALIA. During such arbitration, both parties may be represented by a
duly qualified legal
practitioner. |
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15.
GENERAL: |
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This
agreement shall be governed by the laws of the State of Victoria and the
parties hereby submit to the jurisdiction of the Courts of that State for
the resolution of any dispute under this
agreement. |
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THIS
AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE! |
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