Veritable Terms of Service

Effective Date: May 1, 2020

This Terms of Service (“Terms of Service”) is a contract between you and Veritable Data Solutions, Inc. (collectively, “Veritable,” “Company,” “we,” “us” and “our”), governing your use of our website https://www.veritabledata.com/ (the “Site”), any mobile applications (“Apps”) that hyperlink to this Terms of Service, or any other websites, pages, features, or content owned and operated by us that hyperlink to this Terms of Service (collectively, including the Site and Apps, the “Services”).

Please read this Terms of Service carefully before proceeding.  By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the mobile applications, registering an account, or contributing content or other materials to the Site or on or via the Apps, you expressly understand, acknowledge and agree to be bound by the Terms of Use. You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms.

We reserve the right to modify the Terms of Service at any time, in our sole discretion.  If we modify material terms to this Terms of Service, we will provide you with notice of such change prior to it becoming effective. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.

  1. DESCRIPTION OF OUR SERVICES

1.1 Notary Services. Notary services conducted by notaries using our Services are governed by applicable notarial law. Veritable is not responsible for quality of services performed by notaries using our Services or for accuracy of information shared by notaries on our Services. The notaries are solely responsible for the services they perform using our Services.

1.2 Availability of Services. Veritable shall, using commercially reasonable efforts and commercially reasonable response and resolution times, during business days: (i) correct material errors on its Services reported by its users, and (ii) make the Services available to the users without material interruption. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right to modify or discontinue, temporarily or permanently, functions and features of the Services, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. You understand, agree, and accept that the Company will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services. This section will be enforced to the extent permissible by applicable law.

  1. USE OF OUR SERVICES

2.1 Representations. When you use our Services, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. You represent and warrant that you are at least 18 years old or visiting the Services under the supervision of a parent or guardian. Subject to the terms and conditions of this Terms of Service, Veritable hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services and not for use on behalf of any third party, except as explicitly permitted by Veritable in advance. Any breach of this Terms of Service shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by Terms of Service in writing. Veritable reserves the right to refuse Service, and/or terminate accounts, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (iii) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful. Veritable may assign you a password and account identification to enable you to access and use certain portions of the Services.

Additionally, you agree not to:

  • Use the Services for any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability;
  • Use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services;
  • Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
  • Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; and
  • Otherwise attempt to interfere with the proper working of the Service.

2.3 Account Creation and Termination. In order to access some features available on the Services, you will have to create an account. You may not use another person’s account. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site or Apps in a manner consistent with the Terms of Service, and Veritable has no obligation to investigate the authorization or source of any such access or use of the Services.
You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you whether or not such access to and use of this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Veritable of any unauthorized use of your password or identification or any other breach or threatened breach of the Site or App’s security.

From time to time, we may restrict access to some or all parts of the Services, including the ability to upload documents, make payments, or send messages.  We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms of Service. You may terminate your account at any time, for any reason, by following any such instructions specified in the Services, or by contacting us as described in the “Contact Us” section below.

2.4 Data. You warrant that your collection and use of any personal information or data provided while using the Services complies with all applicable data protection laws, rules, and regulations.

  1. PRIVACY POLICY

When you use our Services, you agree to provide us with accurate personal information. You also agree that we may use this information to contact you in the context of our Services. To learn more about our privacy practices, please visit our Privacy Policy (“Privacy Policy”) here. Our Privacy Policy is hereby incorporated by reference into this Terms of Service as though fully set forth herein.

  1. OUR INTELLECTUAL PROPERTY RIGHTS

4.1 Content. All content included on the Service such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of the Company or its licensors, and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Service is the exclusive property of the Company and its licensors and protected by U.S. and international copyright laws. The Company and its licensors expressly reserve all intellectual property rights in all Content.

4.2 License and Access. The Company grants you a limited license to access and make use of the Service and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate this Terms of Service including, without limitation, the prohibitions listed in this section of this Terms of Service. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate this Terms of Service. Accessing, downloading, printing, posting, storing or otherwise using the Service or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms of Service.

4.3 Feedback. You agree to share feedback to the Company concerning the functionality, user experience and/or performance (including identifying potential errors and improvements) of the Services (“Feedback”), and hereby assign to us all right, title, and interest in and to the Feedback. We are free to make unrestricted use of the Feedback, including but not limited to, incorporation of such Feedback into the Services or other software products without any necessity of payment to you. You represent and warrant that you are the sole owner of the Feedback, or otherwise have the unfettered right or license to make the foregoing assignment.

  1. PAYMENT TERMS

5.1  Subscription Plan. Prices for Services, if any, are subject to change at any time and without notice. At the conclusion of its stated term, each subscription plan will auto-renew on a month-by-month basis until terminated by either party as set forth in this Terms of Service. In the event a subscriber changes its subscription plan, from and after the date of the change, the terms of the new subscription plan will determine the Services available to the subscriber and associated fees and charges. After any change or cancellation, a subscriber will no longer have access to any unused Services which would have been available during the remainder of any prepaid term of the prior or canceled subscription plan.

5.2  No Refunds. You will timely pay the Company all fees associated with your or use of the Services.  YOUR PAYMENTS ARE NON-REFUNDABLE.

5.3  Tax Responsibility.   All payments required by this Terms of Services are stated exclusive of all taxes, duties, levies, imposts, fines, or similar governmental assessments, including sales and use taxes, value-added taxes (“VAT”), goods and services taxes (“GST”), excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on DocuSign’s net income (collectively, “Taxes”). You shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of the Services. Where the responsibility to remit Taxes falls upon the Company, the Taxes will be added to the payment and payable to the Company at the same time as the payment. Taxes shall not be deducted from the payments to the Company, except as required by law, in which case you shall increase the amount payable as necessary so that after making all required deductions and withholdings, we receive and retain (free from any Tax liability) an amount equal to the amount we would have received had no such deductions or withholdings been made. The Company’s and Customer’s obligations under this Section (Tax Responsibility) shall survive the termination or expiration of this Terms of Service.

  1. OUR MANAGEMENT OF THE SERVICE

6.1 Our Right to Manage the Services. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Services for violations of these Terms of Service and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (iii) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Content or any portion thereof; (iv) manage the Services in a manner designed to protect our and third-party rights and property or to facilitate the proper functioning of the Service; and/or (v) terminate or block you your use of the Services for violating these Terms of Service.

6.2 Our Right to Terminate UsersWITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION.

  1. THIRD-PARTY APPLICATIONS

The Services are integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) to make our Services available to you.  These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications, nor do we warrant the compatibility or continuing compatibility of the Third-Party Applications with the Service. THESE TERMS OF SERVICE DO NOT APPLY TO THIRD-PARTY APPLICATIONS. BEFORE VISITING A THIRD-PARTY APPLICATION THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICES, YOU SHOULD REVIEW THE THIRD-PARTY’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD-PARTY APPLCIATIONS.

  1. LEGAL DISPUTES AND ARBITRATION AGREEMENT

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

8.1 Initial Dispute Resolution. We are available by email at support@veritabledata.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

8.2 Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to section 8.1 above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.

8.3 Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in section 8.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

8.4 Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

8.5 Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

8.6 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in sections 8.2 and 8.3 by sending written notice of your decision to opt-out by emailing us at support@veritabledata.com. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

8.7 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in section 8.2 do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this section 8, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

8.8 Applicable Law.You agree that federal laws and the laws of the Delaware, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and the Company.

  1. WARRANTY DISCLAIMER; LIMITATION ON LIABILITY

9.1 Disclaimer of Warranties
(A)       TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE CONTENT, AND ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY OF THE CONTENT, MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD-PARTY SITES, OR THAT WE BELIEVE THE CONTENT OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.

(B)       TO THE EXTENT PERMITTED BY APPLICABLE LAW,WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE, THE CONTENT, OR ANY OTHER MATERIALS OR ITEMS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, MATERIAL OR ITEMS (FOR CLARITY, ON OR OFF THE SERVICE) (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SERVICE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT, MATERIALS OR ITEMS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE CONTENT, MATERIALS OR ITEMS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

9.2 Limited Liability.TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE CONTENT OR ANY OTHER MATERIALS OR ITEMS ON THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

  1. INDEMNIFICATION

You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Service or any content or information available through the Service, or any violation of these Terms of Service and/or our Privacy Policy and/or the terms and conditions that are applicable to your use of Third-Party Sites. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from the Company’s own negligent conduct.

  1. NOTICE TO NEW JERSEY USERS

Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth in sections 8, 9, or 10 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you, but the rest of these Terms of Service shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

  1. NOTICE TO CALIFORNIA USERS

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to support@veritabledata.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

  1. GENERAL PROVISIONS

13.4 Independent Contractors.  Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

13.5 Non-Waiver.  Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.

13.6 Severability.  These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

13.7 Assignment.  We may assign our rights under these Terms of Service without your approval and with or without notice to you.

13.8 No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

13.9 Force Majeure. Except for any payment obligations, neither you nor the Company will be liable for failure to perform any obligation under this Terms of Service to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, pandemics, action by governmental entity, strike, and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.

 

  1. CONTACT US

If you have any questions about these Terms of Service or your account, please contact us at support@veritabledata.com.

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