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Acceptance of Terms
This Web Site is owned and
maintained by ACE Insurance Limited or one or more of
its affiliates (the "Owner") within the ACE Group of
insurance and reinsurance companies (“ACE”). ACE is made
up of insurance and reinsurance companies that are
licensed or otherwise approved to transact insurance
and/or reinsurance business located in various countries
and various jurisdictions within the United States. ACE
also includes companies that provide services to the
insurance industry and other customers.
This Web Site provides
users with access to an online collection of information
and materials. These materials may include insurance
applications and policy forms and other information
related to certain insurance products and services
("Products and Services") offered by providers of
insurance and insurance-related services operating
within ACE. The Web Site also contains text, pictures,
graphics, logos, button items, images, works of
authorship, and other content (collectively, "Content"),
and may provide access to certain proprietary software
used in connection with navigating and utilizing the
functionality offered through this Web Site
("Software"). This Web Site is intended for use only by
users who are at least 18 years of age and who reside in
Thailand.
PLEASE NOTE: Your
access to and use of this Web Site are subject to the
following Terms of Use, as well as all applicable laws
and regulations. Please read these terms carefully. If
you do not accept and agree to be bound by any of these
terms or conditions you are not authorized to access or
otherwise use this Web Site or any information, content,
Services or Software contained on this Web Site. Your
access to and use of this Web Site constitute your
acceptance of and agreement to abide by each of these
terms and conditions set forth below. These Terms of Use
may be changed, modified, supplemented or updated by the
Owner from time to time without advance notice. Unless
otherwise indicated, any new Products and Services,
Content and Software added to this Web Site will also be
subject to these Terms of Use effective upon the date of
any such addition. You are encouraged to review the Web
site periodically for updates and changes.
Limited
License and Site Access
The Owner
hereby grants you a limited license to access and make
personal use of this site but not to download (other
than page caching) or modify it, or any portion of it,
except with express written consent of the Owner. This
license does not include any resale or commercial use of
this site or its contents; any collection and use of any
product listings, descriptions, or prices; any
derivative use of this site or its contents; or any use
of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site
may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial
purpose without the express written consent of the
Owner. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or
form) of the Owner or its affiliates without their
express written consent.
You may not use any meta-tags or any other "hidden text"
utilizing any of the ACE name(s) or service marks
without the express written consent of their owners. Any
unauthorized use terminates the permission or license
granted by the Owner.
Availability of Products and Services
Due to various
insurance and other regulatory restrictions, certain
Products and Services described on this Web Site are not
available to all users or in all jurisdictions.
EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION
CONTAINED ON THIS WEB SITE IS NOT AN OFFER TO SELL OR A
SOLICITATION TO BUY ANY SECURITY, INSURANCE PRODUCT, OR
OTHER PRODUCT OR SERVICE BY ACE MEMBER COMPANIES. No
security, insurance product or other product or service
is offered or will be sold by ACE member companies or,
if sold by ACE member companies, will be effective in
any jurisdiction in which such offer or solicitation,
purchase or sale would be unlawful under the securities,
insurance or other laws of such jurisdiction.
Please contact a
designated ACE representative or your broker to find
out which Products and Services are available to you.
This Web Site may provide
certain summary descriptions or other helpful
information regarding Products and Services. ACE and
its member companies attempt to be as accurate as
possible; however, any such materials are intended to
generally describe the Products and Services and are
subject in all respects to the specific terms and
conditions of the actual policy or product/service
agreement to which they refer. Complete policy terms are
available upon request.
Copyright
Except as
otherwise expressly stated, all Content and Software
appearing on this Web Site are the copyrighted work of
ACE member companies or their affiliates or third party
content suppliers and are protected by U.S. and
international copyright laws. The compilation (meaning
the collection, arrangement and assembly) of all Content
and Software is also the exclusive property of ACE
member companies or their affiliates and is protected
by U.S. and international copyright laws.
You may download
information from this Web Site and print out a hard copy
for your personal use provided that you keep intact and
do not remove or alter any copyright or other notice
(e.g., trademark, patent, etc.) contained in the
information. Except as otherwise expressly stated
herein, you may not alter, modify, copy, distribute (for
compensation or otherwise), transmit, display, perform,
reproduce, reuse, post, publish, license, frame,
download, store for subsequent use, create derivative
works from, transfer, or sell any information or Content
obtained from this Web Site, in whole or in part,
including any text, images, audio, and video in any
manner, without the prior written authorization of the
Owner or any applicable third party suppliers.
The use of Content, including images, by you, or anyone
else authorized by you, is prohibited unless
specifically permitted by the Owner. Any unauthorized
use of text or images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and
applicable regulations and statutes. Neither the Owner
nor its affiliates warrant or represent that your use of
Content, Services, Software or any other materials
displayed on this Web Site will not infringe rights of
third parties.
Trademarks and Service Marks
Certain
trademarks, including "ACE INA", "ace asia pacific",
“ace insurance”, “ACE Group”, "ESIS" and "West Chester",
are the registered service marks of ACE Limited or one
of its subsidiaries. The domain name for this Web Site (
www.aceinsurance.co.th),
the ACE USA and ACE logos, all page headers, custom
graphics, and button icons are service marks,
trademarks, logos, and/or trade dress of ACE member
companies or their affiliates. All other trademarks,
service marks, trade dress, product names, company names
or logos, whether registered or not, on the Web Site are
the property of their respective owners. In addition to
complying with all applicable laws, you agree that you
will not use any such trademarks, service marks, trade
dress, or other logos from this Web Site without the
prior written authorization of the Owner.
Ownership of information
submitted via this Web Site – To the extent permissible
by law, any information you transmit to ACE via this
Web Site, whether by direct entry, submission,
electronic mail or otherwise, including data, questions,
comments, or suggestions, will be treated as
non-confidential and non-proprietary and will become the
property of the Owner. Such information may be used for
any purpose, including but not limited to reproduction,
solicitations, disclosure, transmission, publication,
broadcast, and posting. ACE shall be free to use any
ideas, concepts, know-how, or techniques contained in
any communication you send to the Owner via this Web
Site or by any other means for any purpose whatsoever,
including, but not limited to, developing and marketing
products using such information.
Proprietary Software
Any Software
accessible through this Web Site is the property of the
Owner or its suppliers and is protected by U.S. patent
and copyright laws and international treaties. Any use
of the Software by you other than as required to
navigate and to utilize the intended functionality
offered through this Web Site is prohibited. You agree
not to copy, distribute, publicly display, alter,
modify, decompile, disassemble, reverse engineer or
otherwise attempt to discover the source code of the
Software. Further, you agree not to access the Services
or Content by any means other than the interface
provided by the Owner through this Web Site for your use
in accessing the Services and Content.
The Software provided on
this Web Site is owned by or licensed to the Owner, and
may contain technology that is subject to strict
controls pursuant to export control laws and regulations
of the United States of America and other countries and
jurisdictions. You shall not copy, transfer or export
such software in violation of such applicable export
laws and regulations. The Owner does not authorize the
downloading or exportation of any software or technical
data from this Web Site to any jurisdiction prohibited
by such export controls laws and regulations.
Connection Requirements
You are
responsible for providing and maintaining, at your own
risk, option and expense, any hardware, software and
communication lines required to access and use this Web
Site, and the Owner reserves the right to change the
access configuration of this Web Site at any time
without prior notice.
Prohibited Use
Any use or
attempted use of this Website (i) for any unlawful,
unauthorized, fraudulent or malicious purpose, or (ii)
that could damage, disable, overburden, or impair any
server, or the network(s) connected to any server, or
(iii) interfere with any other party's use and enjoyment
of the Web Site, or (iv) to gain unauthorized access to
any other accounts, computer systems or networks
connected to any server or systems through hacking,
password mining or any other means, or (v) to access
systems, data or information not intended by the Owner
to be made accessible to a user, or (vi) attempt to
obtain any materials or information through any means
not intentionally made available by the Owner, or (vii)
any use other than the business purpose for which it was
intended, is prohibited.
In addition, in connection
with your use of the Site, you agree you will not:
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a) |
Upload or
transmit any message, information, data, text, software or
images, or other content ("Material") that is unlawful,
harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or otherwise
objectionable, or that may invade another's right of privacy
or publicity; |
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b) |
Create a false identity
for the purpose of misleading others or impersonate
any person or entity, including but not limited to
any ACE representative, or falsely state or
otherwise misrepresent your affiliation with a
person or entity; |
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c) |
Upload or transmit any
Material that you do not have a right to reproduce,
display or transmit under any law or under
contractual or fiduciary relationships (such as
nondisclosure agreements); |
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d) |
Upload files that
contain viruses, trojan horses, worms, time bombs,
cancel-bots, corrupted files, or any other similar
software or programs that may damage the operation
of another's computer or property of another; |
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e) |
Delete any author
attributions, legal notices or proprietary
designations or labels that you upload to any
communication feature; |
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f) |
Use the Site’s
communication features in a manner that adversely
affects the availability of its resources to other
users (e.g., excessive shouting, use of all caps, or
flooding continuous posting of repetitive text);
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g) |
Upload or transmit any
unsolicited advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid
schemes" or any other form of solicitation,
commercial or otherwise; |
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h) |
Violate any applicable
local, state, national or international law; |
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i) |
Upload or transmit any
Material that infringes any patent, trademark,
service mark, trade secret, copyright or other
proprietary rights of any party; |
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j) |
Delete or revise any
Material posted by any other person or entity;
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k) |
Manipulate or otherwise
display the Site by using framing, mirroring or
similar navigational technology or directly link to
any portion of the Web Site other than the main
homepage,
www.aceinsurance.co.th, in accordance
with the Limited License and Site Access outlined
above; or |
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l) |
Register, subscribe,
attempt to register, attempt to subscribe,
unsubscribe, or attempt to unsubscribe, any party
for any Product or Service if you are not expressly
authorized by such party to do so; or |
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m) |
Harvest or otherwise
collect information about others, including e-mail
addresses. |
The Owner reserves the right to take whatever lawful actions
it may deem appropriate in response to actual or
suspected violations of the foregoing, including but not
limited to the suspension or termination of the user's
access and/or account. The Owner may cooperate with
legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil
wrong.
The Owner reserves the right at all times to disclose
any information as the Owner deems necessary to satisfy
any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in
part, in the Owner's sole discretion.
Right to Monitor
The Owner does reserve the right to monitor the use of
the website at any time as it deems appropriate and to
remove any materials that, in the Owner's sole
discretion, may be illegal, may subject the Owner to
liability, may violate this Terms of Use Agreement, or
are, in the sole discretion of the Owner, inconsistent
with the Owner's purpose for this Web Site.
Hyperlinks to Third Party Web sites
This Web Site may contain hyperlinks to other sites
owned and operated by parties other than the Owner. Such
hyperlinks are provided only for ready reference and
ease of use. We do not control such web sites and cannot
be held responsible for their content or accuracy and do
not endorse these sites unless we specifically so state.
In the event this Web Site provides hyperlinks to other
web sites that are not owned, operated or maintained by
the Owner or its affiliates, you acknowledge and agree
that the Owner is not responsible for and is not liable
for the content, products, services or other materials
on or available from such web sites. We accept no
liability for any information, products, advertisements,
content, services or software accessible through these
third party web sites or for any action you may take as
a result of linking to any such web site. Any such web
sites are likely to set forth specific terms of use and
privacy policies that you should review. The Owner is
under no obligation to maintain any link on this Web
Site and may remove a link at any time in its sole
discretion for any reason whatsoever. Neither the Owner
nor its affiliates shall be responsible or liable,
directly or indirectly, for any damages or losses caused
or alleged to be caused by or in connection with the use
of or reliance on such content, products, services or
other materials available on or through any such web
site.
No ACE Editorial Control of Third Party Content; No
Statement as to Accuracy
To the extent
that any of the Content included in the Web Site is
provided by third party content providers, ACE has no
editorial control or responsibility over such Content.
Therefore, any opinions, statements, services or other
information expressed or made available by third party
suppliers on this Web Site are those of such third party
suppliers. The Owner does not represent or endorse the
accuracy or reliability of any opinion, statement or
other information provided by any third party, or
represent or warrant that your use of the Content
displayed on this Web Site or referenced content or
service providers will not infringe rights of third
parties not owned by or affiliated with ACE member
companies.
Use of Cookies
A cookie is a
piece of information which a web server may place on
your computer when you visit a web site. Cookies are
commonly used by web sites to improve the user
experience and have not been known to transmit computer
viruses or otherwise harm your computer. Many cookies
last only through a single web site session, or visit.
Others may have an expiration date, or may remain on
your computer until you delete them.
We may use cookies for a
number of purposes - for example, to maintain continuity
during a user session, to gather data about the usage of
our Web Site for research and other purposes, to store
your preferences for certain kinds of information and
marketing offers, or to store a user name or encrypted
identification number so that you do not have to provide
this information every time you return to our Web Site.
Our cookies will track
only your activity relating to your online activity on
this Web Site, and will not track your other Internet
activity. Our cookies do not gather personally
identifiable information.
You can decide if and how
your computer will accept a cookie by configuring your
preferences or options in your browser. However, if you
choose to reject cookies, you may not be able to use
certain of our online Products and Services or Web Site
features.
We may occasionally use
other companies to set cookies on our web sites and
gather cookie information for us. In some cases we may
also use another company to operate web servers for our
Web Site. We use the cookie information gathered by
these companies in the same manner as stated above.
In addition to the
information we collect from cookies, we also obtain
information which you provide to us online - for
example, when you use our tools and calculators or when
you submit an application or otherwise communicate with
us. In some cases, we retain both the cookie information
and/or the information you provide to us online - for
example, to complete a transaction you requested or to
keep historical records of your past transactions. In
other cases - for example, when you use our tools and
calculators - we only retain the cookie and/or online
information you give us if you request us to do so for
your use in subsequent sessions.
Modification to Services
The Owner may, at
its discretion, modify or discontinue any of the
Products and Services, Content or Software, or any
portion thereof, with or without notice. Neither the
Owner nor its affiliates will be liable to you or any
third party for any modification or discontinuance of
any of the Products and Services, Content or Software.
Disclaimer
Information
contained on this Web Site has been prepared by the
Owner as a convenience to its users and is not intended
to constitute advice or recommendations upon which a
user may rely. The Owner has used reasonable efforts in
collecting, preparing and providing quality information
and material, but makes no warranty or guarantee about
the accuracy, completeness, or adequacy of the
information contained in or linked to this Web Site or
any other Web Site maintained by the Owner. Users
relying on information from this Web Site do so at their
own risk.
The information and
descriptions contained herein are not intended to be
complete descriptions of the terms, exclusions and
conditions applicable to the Products and Services, but
are provided solely for general informational purposes;
please refer to the actual policy or the relevant
product or services agreement for complete terms,
exclusions and conditions. Should you purchase an ACE
product from ACE or a third party, the terms and
conditions applicable to that transaction will govern
such purchase, and your use of this Web Site does not
affect that purchase in any manner.
This Web Site may provide
you with planning and educational tools, including
calculators. Such tools and calculators may allow you to
model "what-if" scenarios, the results of which are
illustrative and are based on the information and
assumptions identified. There is no guarantee that the
results shown are necessarily accurate or will be
achieved. In addition, these tools and calculators are
not part of any planning report for which you may have
paid a fee, even if the tools and calculators include
information derived from or contained in a report.
YOUR USE OF THIS WEB SITE IS
AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED
ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND THE OWNER
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THE OWNER MAKES NO WARRANTY
THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY,
UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY
SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE
THAT THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER
INTANGIBLE LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF
THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR
USE OR INABILITY TO USE THE WEB SITE, SERVICES, CONTENT
OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS
AND SERVICES RESULTING FROM ANY LOSS OF DATA,
INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM
PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB
SITE, OR STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR ANY
OTHER MATTER RELATED TO THE WEB SITE, SERVICES, CONTENT
OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF
THE WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT
TO SUE THE OWNER OR ITS AFFILIATES DIRECTLY OR TO
PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR
DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.
Some jurisdictions do not
permit the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or
consequential damages, therefore, some of the
limitations above may not apply to you.
CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
Notices – Any notices
to you from the Owner regarding the Web Site or
these Terms of Use will be posted on this Web Site or
made by e-mail or regular mail.
ELECTRONIC COMMUNICATIONS
When you visit this Web Site
or send e-mails to us, you are communicating with us
electronically. You consent to receive communications
from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree
that all agreements, notices, disclosures and other
communications that we provide to you electronically
satisfy any legal requirement that such communications
be in writing.
General Provisions
Entire Agreement
–
This Terms of Use Agreement and other policies the Owner
may post on this Web Site constitute the entire
agreement between the Owner and you in connection with
your use of this Web Site and the Content, Services and
Software, and supersedes any prior agreements between
the Owner and you regarding use of this Web Site,
including prior versions of the Terms of Use Agreement.
The Owner may update this Terms of Use Agreement from
time to time by posting revised Terms of Use on this Web
Site, without notice to you, and your subsequent use of
the Web Site indicates your acceptance of and is
governed by those new Terms of Use. The Terms of Use is
effective until terminated or updated by the Owner, at
any time without notice. In the event of termination,
the disclaimers and limitations of liabilities set forth
in the Terms of Use Agreement will survive. The Terms of
Use will be deemed to include all other notices,
policies, disclaimers and other terms contained in this
Web Site; provided, however, that in the event of a
conflict between such other terms and the terms of these
Terms of Use, these Terms of Use will control.
Third Party Purchases
Governed by Separate Agreement – The terms and
conditions governing your purchase of any goods or
services from any third party companies or financial
institutions represented in this Web Site shall be
governed by a separate agreement duly executed between
you and the supplier of such goods or Services,
including ACE INA, as applicable.
Age and Location of
User – All information and content available on this
Web Site are solely directed to individuals 18 years of
age or older residing in Thailand. The Owner makes no
representation that the Content, information, products,
Services or Software are available for use outside of
Thailand. Any use of the Services, Content and Software
is prohibited where they are not allowed by law.
This Web Site Contains A Binding Arbitration Provision
Which May Be Enforced By The Parties
Dispute Resolution
Any controversy or claim arising out of or relating to
this Terms of Use Agreement or use of this Web Site
shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American
Arbitration Association, except that, to the extent you
have in any manner violated or threatened to violate the
Owner’s or any member of ACE INA's intellectual property
rights, the Owner may seek injunctive or other
appropriate relief in any state or federal court in the
Commonwealth of Pennsylvania, and you consent to
exclusive jurisdiction and venue in such courts. Any
such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in
Philadelphia, Pennsylvania, and claims regarding the
judgment of the arbitrator (including entry of judgment
on the arbitration award) may be brought and shall be
subject to the exclusive jurisdiction of the State and
federal courts located in Philadelphia, Pennsylvania,
and you waive any jurisdictional, venue, or inconvenient
forum objections to such courts. Either you or the Owner
may seek any interim or preliminary relief from a State
or federal court of competent jurisdiction in
Philadelphia, Pennsylvania, as may be necessary to
protect the rights or property of you or the Owner
pending the completion of arbitration. You agree that
any action to enforce this arbitration provision will be
brought in the federal or state courts located in
Philadelphia, Pennsylvania.
Governing Law;
Jurisdiction; Venue; Severability of Provisions –
The Terms of Use are governed by the laws of Thailand.
If any provision is deemed by a court of competent
jurisdiction to be unlawful or unenforceable, it will
not affect the validity and enforceability of the
remaining provisions. The section headings are for
convenience only and do not have any force or effect.
Password Accounts, Passwords, and Security.
If you have been given the
option to open an account on this Web Site which will
provide you with access to password protected portions
of the site and you elect to do so, you must complete
the registration process by providing us with current,
complete and accurate information as prompted by the
applicable registration form, and choose a password and
user name. You are entirely responsible for maintaining
the confidentiality of your password and account and for
any and all activities that occur under your account.
You agree to (a) immediately notify the Owner of any
unauthorized use of your account or any other breach of
security of which you become aware, and (b) exit
completely from your account at the end of each online
session. The Owner will not be 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. However, you could be held liable for losses
incurred by the Owner or another party due to someone
else using your account or password. You may not use
anyone else's account at any time, without the
permission of the account holder.
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