Terms of Use

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Content and Intellectual Property.

Clexen Rentals Content, Copyright and Trademark Notice.

All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site, is owned or licensed by or to Clexen Rentals, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Clexen Rentals' prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Clexen Rentals reserves all rights not expressly granted hereunder. Clexen Rentals expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

clexenrentals.com, the Clexen Rentals' elliptical design and other trademarks used on the Site, are registered trademarks or service marks of Clexen Rentals. All other trademarks or service marks are property of their respective owners. The use of any Clexen Rentals trademark or service mark without Clexen Rentals' express written consent is strictly prohibited.

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Prohibited Actions

You may use the Site only for lawful purposes in accordance with these Terms of use. You agree not to use the Site: (a) in any way that violates any applicable federal, provincial, local or international law or regulation; (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with section of these Terms of use titled "Intellectual Property"; (d) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation; (e) to impersonate or attempt to impersonate Clexen Rentals, a Clexen Rentals employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Clexen Rentals or users of the Site or expose them to liability, or (g) to interfere with the proper working of the Site..

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Use of Site

You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

You also agree that Clexen Rentals may, in its sole discretion and without prior notice to you, terminate your access to the Site for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for rentals, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Clexen Rentals will not be liable to you or to any third party for termination of your access to the Site.

Clexen Rentals reserves the right to investigate complaints or reported violations of these Terms of Use, applicable licenses and/or copyright information on the Site, and to take any action they deem appropriate, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties.

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About Children

The Site is not intended for use by anyone under the age of 13 without the prior consent and ongoing supervision of a parent or guardian. By using the Site, you represent and warrant to Clexen Rentals that you meet the foregoing age requirement. Clexen Rentals will not knowingly collect personally identifiable information via the Site from visitors under the age of 13 and will take prompt steps to delete any such personally identifiable information if notified that any has been inadvertently collected.

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Consent to Collection, Use and Disclosure of Your Personal Information.

As more fully described in our Privacy Policy, you must disclose certain personal information to use our Site, request quote, and make rentals. As a condition of requesting quote with our Site or making any rentals of any products and/or services, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your personal information, and other information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any rental, you agree that you will first review our Privacy Policy prior to making any initial or subsequent rentals or using any features of the Site.

Any information collected through our Site may be stored and processed in the India or any other country in which Clexen Rentals operates. By utilizing our Site, you consent to any such transfer of information outside of your country of residence.

While Clexen Rentals takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL CLEXEN RENTALS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER CLEXEN RENTALS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

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Consent to Our Communication with You by E-Mail

When you visit the Site or send e-mails to Clexen Rentals, you are communicating with Clexen Rentals electronically. You consent to receive communications about your inquiry from Clexen Rentals electronically. Clexen Rentals will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Clexen Rentals provides to you electronically satisfy any legal requirement that such communications be in writing. By sharing your information with us, and each time you make a rental, request a quote, or otherwise use our Site, you grant permission for Clexen Rentals to contact you at your e-mail address. To stop receiving our marketing emails click the ‘unsubscribe’ link in the email or please contact us at support@clexenrentals.com.

Please be sure to include your full name, address, telephone number and email address so that we may reach you with a response. You may also call (999) 9225-725

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Conditions of Rental and Payment Terms

To rent any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state or provincial age of majority if greater. Prior to the rental of any goods or services on our Site, you must provide us with a valid company information, requirement location including all of the following: (i) your complete name and designation in a company, (ii) project name and the location, (iii) the equipment type, (iv) the date and period of requirement and (v) any other information to your project. By submitting that information to us, you hereby agree that you authorize us to share your shared information with our registered vendors.

By renting any goods and/or services on our Site you agree to be bound to the Rental Contract Clexen Rentals® Supplier Agreement and Privacy Policy, as amended from time to time (collectively the “Rental Agreement”). Such terms and conditions include, but are not limited to, indemnification and limitation of liability provisions that may affect your liability and that of Clexen Rentals. You acknowledge that the Rental Agreement terms and conditions may change over time and agree to be bound by such terms and conditions in use at the time of each rental in the jurisdiction where the rental occurs. The terms and conditions of the Rental Agreement are incorporated herein by reference. A hardcopy of the current Rental Agreement is also available upon request.

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Work Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your work order, nor does it constitute confirmation of our offer to rent. Clexen Rentals reserves the right at any time after receipt of your work order to accept or decline your order for any reason. Clexen Rentals further reserves the right any time after receipt of your work order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Clexen Rentals upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order.

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No Responsibility Rent Mispriced Products or Services

Clexen Rentals shall have the right to refuse or cancel any work orders placed for products and/or services quoted at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Clexen Rentals shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and payment has been credited in its account. If you have already been charged for the rental and your work order is canceled, Clexen Rentals shall immediately issue a credit to your company account in the amount of the charge.

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Modifications to Prices or Billing Terms

CLEXEN RENTALS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES RENTED, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

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Indemnification

By using the Site, you agree to defend, indemnify and hold harmless Clexen Rentals, its employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys'/legal fees and related expenses, arising from or related to (i) your use of the Site or the Content; (ii) any breach or alleged breach by you of these Terms; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties; (iv) a claim alleging your negligence or willful misconduct related to the Site or Content, or the provision of any products or services to you by Clexen Rentals; and (v) any User Content that you submit. You may not settle any claim without the prior written consent of Clexen Rentals, which shall not be unreasonably withheld. You shall not be required to defend, hold harmless or indemnify Clexen Rentals for its own wrongful acts or omissions or sole negligence.

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Disclaimers of Warranties

Clexen Rentals disclaims all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, and availability of information and material contained on the Site. The Site may contain inaccuracies or typographical errors. Clexen Rentals disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. Clexen Rentals does not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. Clexen Rentals and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data.

Clexen Rentals shall not be responsible for any delay or failure to perform any of its obligations of rental if such delay or failure is due to causes beyond its control including, without limitation, weather-related and other uncontrollable delays.

The delay or failure of Clexen Rentals to act with respect to breach of these Terms by you or others does not constitute a waiver and shall not limit Clexen Rental’s rights with respect to such a breach or any subsequent breaches.

THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. CLEXEN RENTALS DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES.

IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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LIMITATION OF LIABILITY

THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU.

IN NO EVENT SHALL CLEXEN RENTALS OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES OR CONTENT, THE DELAY OR INABILITY TO USE THE CLEXEN RENTALS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CLEXEN RENTALS SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF CLEXEN RENTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT CLEXEN RENTALS SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO CLEXEN RENTALS BY YOU. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF CLEXEN RENTALS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

CERTAIN STATE LAWS, AND THE LAWS OF CERTAIN OTHER JURISDICTIONS, 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.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Claims of Intellectual Property Infringement.

Copyright

Clexen Rentals has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Clexen Rentals respects the intellectual property of others and we ask others to do the same. If you believe that your copyright has been infringed through the Site, please contact our Legal Department, at (999) 9225-725, or mail at:

Attn: Legal Department
Clexen Rentals Pvt. Ltd.,
C-90, Awana Complex,
40 Ft. Road, Molarband Extension,
Badarpur, Delhi, India-110044

Any written notice describing the infringing activity must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the material that is allegedly infringed;
• A description of the allegedly infringing work or material;
• A description of where the allegedly infringing material is located on the Site;
• Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
• A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

Trademark

Clexen Rentals has implemented procedures for receiving written notification of claimed trademark infringement. Clexen Rentals respects the intellectual property of others and we ask others to do the same. If you believe that your trademark has been infringed through the Site, please contact our Legal Department, at (999) 9225-725, or mail at:

Attn: Legal Department
Clexen Rentals Pvt. Ltd.,
C-90, Awana Complex,
40 Ft. Road, Molarband Extension,
Badarpur, Delhi, India-110044

Any written notice describing the infringing activity must include the following information:

• a copy of the certificate of registration received from the Indian Patent and Trademark Office or, for foreign marks, registration with the appropriate intellectual property organization of your country (we cannot accept state or local registrations pursuant to this policy);
• your contact information, including full name, address, email, telephone number, and fax number; and
• a statement identifying:

• the material that you believe is infringing (the “Allegedly Infringing Material”), as well as the party posting the Allegedly Infringing Material;
• the trademark, service mark, trade dress, or name (the "Mark") that you believe to be infringed;
• the jurisdiction or geographical area in which the Mark is valid;
• the name, post office address and telephone number of the owner of the Mark identified above;
• the goods and/or services covered by or offered under the Mark;
• the date of first use of the Mark;
• the goods and/or services covered by or offered under the Allegedly Infringing Material;
• the precise location of the Allegedly Infringing Material, including URL address; and
• a good faith certification, signed under penalty of perjury, stating:
• the name of the complaining party,
• the Allegedly Infringing Material infringes the rights of the complaining party,
• the Mark being infringed, and
• use of the Mark is unauthorized and not defensible.

Upon receipt of the appropriate information identified above, Clexen Rentals will investigate the complaint, during which time Clexen Rentals, at its sole discretion and without any legal obligation to do so, may temporarily remove the challenged material from the Site, and/or, if the Allegedly Infringing Material is stored on a Clexen Rentals server, temporarily remove or deny access to the Allegedly Infringing Material.

If Clexen Rentals concludes that the complaining party has raised a legitimate infringement claim, or that it appears valid on its face, Clexen Rentals may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from the Site and/or, if the Allegedly Infringing Material is solely stored on a Clexen Rentals server, deny access to the Allegedly Infringing Material. If Clexen Rentals concludes that the complaining party has not raised a legitimate claim or if it is not clear whether the complaining party has raised a legitimate claim, Clexen Rentals may, at its sole discretion, restore access to the Allegedly Infringing Material.

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Counter Notification Policy

If Clexen Rentals has forwarded to you a notice of copyright or trademark infringement, you (“alleged Infringer”) may provide a “Counter Notification” by contacting Clexen Rentals at the above contact information, and including the following:

• An electronic signature of the alleged Infringer.
• Identification of the material that has been removed, or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.
• A statement under penalty of perjury that the alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• The alleged Infringer's name, address, and telephone number, and a statement that the alleged Infringer consents to the jurisdiction of the Delhi High Court, or, if the alleged Infringer's address is outside of the India, of any Indian District Court.

In all cases involving claimed copyright infringement, and where appropriate in Clexen Rentals’ sole discretion regarding claimed trademark infringement, upon receipt of a Counter Notification as described above, Clexen Rentals will promptly provide the complaining party with a copy of the Counter Notification, and inform the complaining party that Clexen Rentals will replace the removed material, or cease disabling access to it, in 10 business days. Clexen Rentals will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Clexen Rentals first receives notice from the complaining party that the complaining party has filed an action seeking a court order to restrain the alleged Infringer from engaging in infringing activity relating to the material on the Site.

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Links To Third Party Websites

This Site may contain links to websites maintained by third parties. All links are provided for your reference only. Clexen Rentals does not control or operate in any respect information, products or services on such third-party sites and is not responsible for their content. These sites may be governed by different privacy policies. Please check these policies before using these sites and/or any tools provided by same. By utilizing third-party tools, you agree to be bound by the Additional Terms of Service (including the third party’s Privacy Policy). However, in all instances, it is your obligation to check the policies related to all third-party tools, links, products, services, pages and sites. You assume sole responsibility for use of third-party links, content and/or tools.

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General

No delay or failure to take action under these Terms of Use shall constitute any waiver by Clexen Rentals of any provision of these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use will bind and inure to the benefit of Clexen Rentals' permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. These Terms of Use are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void. Clexen Rentals may freely assign these Terms of Use without consent or notice. These Terms of Use (including all documents expressly incorporated herein by reference, including but not limited to the Privacy Policy and Rental Agreement) constitute the complete and exclusive agreement between Clexen Rentals and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Severability and Waiver.

The invalidity of any term, condition, or provision of these Terms will not affect the enforceability of the remaining portions of these Terms. Clexen Rentals’ failure to enforce any right or provision in these Terms of use clexen shall not constitute a waiver of such right or provision.

Governing Law.

These Terms of Use shall be governed by laws of India and court of New Delhi shall have exclusive jurisdiction. All actions and proceedings relating to the Site or the Content will be commenced and heard exclusively in New Delhi and shall be conducted as per the Arbitration & Conciliation Act, 1996, in English language.

Notices.

If you have any questions regarding the Site or these Terms, please email us at: support@clexenrentals.com.

Last Modified: December 01, 2019