Carbon Salon Terms of Use and Privacy Policy

Carbon Salon Terms of Use

(last updated: February 2010)

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

Carbon Salon ("Carbon Salon" or "we" or "us") owns and operates the website "carbonsalon.net", "carbonsalon.org" and "carbonsalon.com" (individually and collectively, the "Site" or "Website"). The Site helps users manage information regarding the user's greenhouse gas (GHG) emissions and related consumption. The Site also offers users the opportunity to join groups of other users, which we call "salons" and "communities", in tracking their GHG emissions and related consumption as a group. The Site also allows its users to connect with other users through the use of bulletin boards and discussion forums.

The following are the Terms of Use ("TOU" or "Agreement") for the Site. By accessing the Site, you ("you" or "End User") agree to be bound by these TOU. These TOU do not alter in any way the terms of any other agreement you may have with us or our subsidiaries or affiliates. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these TOU on such entity's behalf, and that such entity agrees to indemnify you and Carbon Salon for violations of these TOU.

We reserve the right to modify these TOU at any time. Any changes will be effective immediately upon posting of the changes on the Site, and you waive any right you may have to receive specific notice of such changes. Your continued use of the Site following the posting of changes confirms your acceptance of such changes. We will change the "Last Updated" date at the top of this page every time we modify these TOU. You should frequently review these TOU to understand the terms and conditions that apply to your use of the Site. If you do not agree to the modified TOU, you must stop using the site.

BETA TERMS

If the homepage of our Site contains a notice or we otherwise notify you that the Site is in a pre-launch or pilot (also referred to as "beta") form, that means that it is not yet complete and is still under development or production. In that case, the following terms apply and supersede any conflicting terms in the Terms of Use below:

Pre-Launch Form. This pre-launch program has been developed in order to allow users to "try-out" the Site and provide feedback to Carbon Salon about their experience on the Site. You acknowledge that the Site is not yet commercially available and not all problems that arise from the use of the Site have been remedied, such as bugs and errors remaining on the Site, the inability of the Site to process your input, etc.

The Site's Current Form And Information You Provide On the Site May Not Exist Going Forward. One purpose of a beta pilot is to test the functions and effectiveness of an intended format and design. Those functions and formats may or may not be used by us going forward.In addition, you may input information on the Site, such as information regarding your household carbon consumption and emissions. Though we intend to retain the information you provide, as the Site evolves, we may for business reasons decide not to do so.

Feedback. By participating in the beta program, you may give us feedback about the Site, including, but not limited to completing pre and post beta questionnaires and providing information regarding usability, bug reports and test results ("Feedback"). All Feedback shall be the property of Carbon Salon and shall be Carbon Salon Confidential Information that is subject to the obligations set forth in the Confidentiality Section immediately below. You acknowledge that Carbon Salon shall have the unlimited right to use, share and commercialize your Feedback in any way and for any purpose without compensation to you.

Confidentiality. The Site during the beta, including its user interface, features, documentation and any Feedback, is confidential and proprietary to Carbon Salon and its suppliers ("Confidential Information"). You may not disclose Carbon Salon Confidential Information to third parties without our prior written consent. You may disclose Carbon Salon Confidential Information in response to a judicial or governmental order provided that you first give written notice to us to allow us to seek a protective order or otherwise protect the information.Carbon Salon Confidential information does not include information that: (i) becomes publicly known through no wrongful act; (ii) you received from a third party who did not breach confidentiality obligations to us or our suppliers; or (iii) you developed independently. You agree to maintain the confidentiality of all data and information provided to you via the Site with respect to other users of the Site.

Disclaimer. In addition to the disclaimers made in the TOU below, the following disclaimer will apply during the beta: The Site is currently in a pre-release form and may not operate correctly or even consistently with discussions we have had about it or with any of our documentation, and may be substantially modified prior to first commercial release, if any. We are not obligated to make this or any later version of Site commercially available. Furthermore, Carbon Salon is not responsible to provide any support to you in connection with your use of the Site. To the maximum extent permitted by applicable law, we provide the Site, and any technical advice or support services related thereto, AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties or conditions of merchantability, of non-infringement, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Site and the provision of or failure to provide technical or other support services.

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1) Void where Prohibited.

Use of the Site is void where prohibited.

2) Privacy.

Please refer to our Privacy Policy for information on how we collect, use, and disclose the personal information of our users.

3) Copyright and Limited License.

Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, the Carbon Salon logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Carbon Salon or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials, or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

4) Term and Termination.

This Agreement remains in effect with respect to your use of the Site even after you leave the Site.

Carbon Salon expressly reserves the right, in its sole discretion, to remove and/or delete information you've submitted and/or deny, restrict, suspend, or terminate your access to all or any part of the Site for any reason or for no reason.

5) Trademarks.

Carbon Salon, its licensors, and suppliers reserve all right, title, and interest to the names Carbon Salon, carbonsalon.net, carbonsalon.org, and carbonsalon.com, any and all associated trademarks and logos, and any and all services and their underlying functionality provided on the Site. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Carbon Salon or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Carbon Salon" or any other name, trademark, or product or service name of Carbon Salon without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Carbon Salon and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

6) Enforcement.

We reserve the right, in our full discretion, to monitor and enforce these TOUs, including by exercising our rights as described in the Section titled Termination above. Failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. We further reserve the right in our full discretion to take appropriate legal action for illegal or unauthorized use of the Site.

Carbon Salon may at any time begin to charge users for access to the Site or for any portion of the services made available on the Site, and may change any such fees at any time and at its full discretion. Carbon Salon may use a third party payment processing system to process your payments, and as a condition to your continued use of the Service, you agree to comply with all of the terms applicable to the payment processing.

7) Utility Account Access

If you provide the username and password (or other credentials) for your utility accounts to enable automatic data transfers from your utility companies, you authorize us to periodically use your username and password to log in to your utility accounts and copy data relating to your utility usage. If you provide such username and password, you represent and warrant that you are authorized to share such information with us and to authorize us to access your utility accounts.

8) You Are Older than 13 and Your Information is Truthful

By using the Site, you represent and warrant that any information you submit is accurate and truthful, that you will continue to keep your information up-to-date, and that you are over the age of 13.

9) Content you Submit

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding the Site, Carbon Salon, or Carbon Salon’s products or services that are provided by you in the form of email, postings on the Site, or through other submissions to us are non-confidential and shall become the sole property of Carbon Salon. Carbon Salon shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You may decide to provide information on the Site, including without limitation information about the number of people in your household, the cars you use, your utility accounts, travel, and any information you post on bulletin boards or in chat rooms we make available via the Site ("Your Content"). By inputting Your Content on the site, you grant Carbon Salon and its affiliates an irrevocable, perpetual, non-exclusive, sublicensable, royalty-free, transferable, worldwide license to use, copy, modify, adapt, publish, reformat, translate, excerpt (wholly or partially), create derivative works from, distribute, perform, and display Your Content ("License") without personal reference to you. You grant Carbon Salon and our affiliates and sublicensees the right to use the name that you submit in connection with such License. You represent and warrant that (1) you own and control all of the rights to Your Content; (2) Your Content is accurate and not misleading; and (3) use and posting of Your Content does not violate these TOU and will not violate any rights of or cause injury to any person or entity.

In order to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and Your Content. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

10) End User Obligations

You agree that while using the Site you will comply with all applicable laws and regulations. Further, you represent and warrant that any and all content which you submit or otherwise provide to the Site (1) does not violate or infringe upon the rights of any third party, including any right in patent, trademark, or copyright; (2) does not violate or infringe upon any right of privacy, publicity, or other personal or proprietary right; and (3) is not libelous, defamatory, or otherwise unlawful or objectionable.

You will not use the Site in any of the following ways or for any of the following purposes:

You are responsible for maintaining your username and password. You will not share your username and/or password with any third party and you will not use the username, password, or other information of another End User. You agree to notify us immediately if you believe that your account or any of your corresponding account information has been hacked, compromised, or otherwise accessed by a third party. You accept all risks of unauthorized access to your account information and any other information you provide to us.

11) Personal Identification Number.

There are features of the Site which may be accessible via your phone through a personal identification number (or "pin") that either we provide to you or that you select and which will enable you to update your GHG emissions and related consumption records by phone. While we currently do not charge for these features, your carrier's message and data rates may apply.

12) Copyright Complaints and Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.

You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

13) Third Party Consent and Conduct

We may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein and undertake no responsibility to update or review any Third Party Content.

We do not monitor or have control over any third-party websites or conduct. You use Third Party Content at your own risk and are solely responsible for your interactions with other users.

Carbon Salon takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Your use of salons, communities, discussion forums, or other interactive areas or services (“Interactive Areas”) is at your own risk. As a provider of interactive services, we are not liable for any statements, representations, or other content provided by our users in any Interactive Area of the Site. Although we have no obligation to screen, edit or monitor any of the content posted in any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen, or edit any content posted or stored on the Site at any time for any reason, or for no reason, without notice, and you are solely responsible for creating backup copies of and replacing any content you post or store on the Site at your sole cost and expense.

14) Disclaimers.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CARBON SALON, THE SITE, THE SITE MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

We reserve the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Carbon Salon. References to any commercial enterprise by third parties on the Site do not constitute an endorsement or warranty of any kind by Carbon Salon related to of any particular service, party, or product. You act on any and all information which you gather from the Site at your own risk.

15) Limitation of Liability and Exclusion of damages

IN NO EVENT SHALL CARBON SALON, ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CARBON SALON'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL OUR OR OUR AFFILIATES, LICENSORS, OR SUPPLIERS AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAID, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM.

16) User Disputes.

You agree not to hold Carbon Salon responsible or liable for the content or actions of third parties (including your interactions with users) on or relating to the Site. This includes interactions you may have with any third party, such as a community or salon leader, in connection with the Site, as well as the collection, handling, and sharing of personal information that you provide to third parties through postings on bulletin boards or information you share on a Site forum. If you have a dispute with a third party relating to the Site, you release Carbon Salon and its directors, officers, employees, and agents (collectively, the "Carbon Salon Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

17) Export Controls.

To the extent that the Site is subject to United States laws and regulations regarding the export of software, you are responsible to comply with those laws. International treaties and laws may also apply to your use of the Site. You are responsible for complying with those laws as well.

18) Disputes.

This Agreement and your use of the Site shall be governed by and construed in accordance with the laws of the state of Washington applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that all claims and disputes between you and us that arise out of or relate in any way to this Agreement or your use of the Site will be resolved either by (a) binding arbitration by a single arbitrator in King County, Washington, or (b) binding non-appearance based arbitration conducted by telephone, online, or based solely on written submission. Such arbitration will be administered by Judicial Arbitration and Mediation Services ("JAMS") (see www.jamsadr.com) pursuant to its Comprehensive Arbitration Rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.

19) Indemnity.

You agree to defend, indemnify, and hold harmless Carbon Salon, its subsidiaries, and affiliates, and the respective officers, agents, partners, and employees of each, from and against any claims, damages, costs, liabilities, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site in violation of this Agreement, your breach of this Agreement, or any content you post, store, or otherwise transmit on or through the Site.

20) Other.

This Agreement constitutes the entire agreement between you and Carbon Salon regarding the use of the Site. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.


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Carbon Salon Online Privacy Policy

(last updated: February 2010)

This Policy explains how your personal information is collected, used, and disclosed by Carbon Salon, Inc., and its subsidiaries and affiliated companies ("Carbon Salon" or "We"). This privacy policy ("Policy") applies to the Websites of Carbon Salon, including carbonsalon.net, carbonsalon.org, and carbonsalon.com, and Carbon Salon’s other online services (collectively, the "Sites")

Personal Information Collected

We collect information about you in various ways when you use our Sites. We collect personal information you provide to us. For example, we collect your name, email address, utility account information, your emissions data and energy usage information including household information (for example, the number of people in your household), vehicle information (for example, the make and model of your car), travel information (for example your air travel), your lifestyle (for example, your recycling habits and diet) and other information you provide us on our Sites. We also collect credit card numbers if you purchase products on our Sites. We may also obtain information from other sources and combine that with information we collect on our Sites.

When you visit our Sites, some information is automatically collected. For example, when you visit our Sites your computer's operating system, Internet Protocol (IP) address, access times, browser type and language, and the Web site you visited before our Site are logged automatically. We also collect information about your usage and activity on our Sites.

Cookies.

We may automatically collect information using "cookies." Cookies are small data files stored on your hard drive by a Web site. Among other things, cookies help us improve our Sites and your experience. We use cookies to see which areas and features are popular and to count visits to our Sites.

Web Beacons

We may collect information using Web beacons. Web beacons are electronic images that may be used on our Sites or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and to tell if an email has been opened and acted upon.

Use of Personal Information we Collect

We use personal information collected through our Sites for purposes described in this Policy or disclosed to you on our Sites or in connection with our services. For example, we may use your information to:

Carbon Salon may store and process personal information in the United States and other countries.

Sharing of Personal Information

Carbon Salon is designed to be an interactive community. When you sign up you will be asked to create a user name. Your user name and other information you post or share such as your vehicle names may be publicly displayed on Carbon Salon when you participate in interactive features of the Site, such as salons, message boards, and discussion forums.

We do not share your personal information with third parties other than as described above and as follows:

Third Party Advertisers

The Sites may carry advertisements from third party advertisers and networks. Their collection and use of your personal information is governed by their privacy policies.

Your Information Choices and Changes

You may opt out of receiving promotional emails from Carbon Salon by following the instructions in those emails. You may also send requests about your contact preferences and changes to your information by emailing support@carbonsalon.com. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.

Changes to this Policy

Carbon Salon may change this Policy from time to time. If we make any changes to this Policy, we will change the "Last Updated" date above.

Enforcement

If you have any questions about this Policy, please contact us at support@carbonsalon.com.


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