Last modified: July 25, 2019.
GovAssist (“we,” “us,” or “our”) is pleased to welcome you to our website located at https://apply-eta.org (our “Site”). Our Site allows you to: (a) obtain end-to-end assistance to help you increase your chances to receive approval on your visa application and/or Electronic Entry Permit/eVisa to Canada; (b) interact with us and our Site; (c) connect with customer support resources for our Concierge Services; and (d) sign up to be a part of our Affiliate Program. These Terms and Conditions (the “Terms and Conditions”) govern your use of this Site, and your agreement is a condition precedent to using this Site. Please read these Terms and Conditions carefully before proceeding.
BY USING THIS SITE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS, TO WHICH WE RESERVE THE RIGHT TO MAKE CHANGES FROM TIME TO TIME, CONSISTENT WITH APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.
You must be at least 18 years old and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties herein in order to access this Site and purchase services and/or products from us. Individuals under the age of 18 are not eligible to use this Site and may not submit any personal information to us. By using this Site, you hereby represent and warrant that you are at least 18 years old and that you are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.
We will post a notification on this Site in the event of any material changes to these Terms and Conditions. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Please check these Terms and Conditions periodically for changes. Your continued use of this Site following our posting of any changes to these Terms and Conditions means that you accept those changes.
You may browse this Site and all associated content, including, without limitation, any articles or recommendations that we may share, solely for your personal use and enjoyment. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You agree not to use any device, software, or routine to interfere with the proper functioning of this Site. In using this Site, you may not:
• Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
• Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;
• Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder;
• Transmit any information, software, or other material that contains a virus or other harmful component;
• Use any software, tool, data, device, or other mechanism to navigate or search this Site, other than generally available browsers or a search engine provided by us;
• Frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
• Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.
Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:
• Accessing content or data not intended for you or logging onto a server that you are not authorized to access;
• Attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
• Interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
• Violating security features that prevent or restrict use or copying of any content or enforce limitations on use of the services or the content on the Site, including, without limitation, by the use of any manual or automated software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools;
• Using this Site to send unsolicited email promotions or advertisements for products or services;
• Forging any TCP/IP packet header or any part of the header information in any email or in any posting; or
• Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.
Any violation of system or network security may subject you to civil and/or criminal liability.
By accessing our Site and/or using any of the products or services offered on our Site, you agree to, acknowledge, and represent as follows:
• You represent, warrant and agree that you will comply with all applicable laws in using the Site, and any products and/or services made available to you on the Site, including, without limitation, the Concierge Service, and you will not perform or fail to perform any act that you know or reasonably should know would place us in violation of any applicable law. You agree to comply with all laws and regulations regarding online conduct and acceptable content. You agree that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access the Site and the products and/or services provided on the Site, including, without limitation, our Visa/ETA Application Assistance and our Concierge Service.
• You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make representations and be bound by the covenants provided in this Section.
When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us.
As between you and us, all content on this Site, including text, hidden text within our source code, trademarks, Concierge Service, Software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by us and /or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire contents of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content.
All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on this Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on this Site or these Terms and Conditions serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.
Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.
You agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material, content, and/or activity anywhere on this Site. Notwithstanding this right, we do not and cannot review all materials submitted to this Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe or otherwise violate the rights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the written communication to our copyright agent by e-mail AND by U.S. Mail to:
252 Calle Degetau
San Juan, PR 00915
Attn: DMCA Agent
E-mail Subject: “DMCA Request”
You are, and shall remain, solely responsible for the content of any materials, including suggestions, ideas, feedback, comments, notes, drawings, photographs, concepts, blog posts, articles, or other information or communications (collectively “User Content”) you transmit to us via this Site, the Internet, email, or otherwise. User Content shall be and remain your property. You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, assign, commercialize, sub-license, perform, and display User Content and to incorporate any User Content in other works in any form, media, or technology now known or later developed.
We will not be required to treat any User Content as confidential, and we may use User Content in our business (including, without limitation, for services, products or advertising) or for any other purpose without incurring any liability for royalties or any other consideration of any kind. Subject to existing laws, you waive any moral rights that you may have in any User Content.
We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that may be located in different countries and that may subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the content, products, or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfillment, or payment terms related to such Third-Party Sites. Access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the content or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites or retailers. Complaints, claims, concerns, or questions regarding Third-Party Sites should be directed to the applicable third party.
While we may provide links and locations of third parties who sell products or services online, we cannot control the completion or validity of the transactions of such third parties or the content of their Third-Party Sites; you access them at your own risk. However, we seek to protect the integrity of this Site and the links placed upon it. We therefore welcome any feedback on not only our own Site, but also Third-Party Sites and retailers we link to and/or identify on our Site (e.g., if a specific link does not work).
If we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit, or otherwise make available on those websites may be viewed by the general public. We do not control any content information, including, without limitation, User Content, made available on social media pages and are not responsible for any third-party use of any information, including, without limitation, PII, that you have posted, transmitted, or otherwise made available there.
We will not be liable if, for any reason, all or part of this Site is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, including, without limitation, the products and services made available on the Site, (or any part thereof) with or without notice. We undertake no obligation to update, amend, or clarify information on this Site, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to special offers, product and service availability, product promotion, pricing information, service and product descriptions, or product shipping charges and transit times. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON THE SITE, IS AT YOUR SOLE RISK. THIS SITE, INCLUDING THE PRODUCTS AND SERVICES MADE AVAILABLE ON AND THROUGH THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE, INCLUDING, THE PRODUCTS AND SERVICES MADE AVAILABLE ON AND THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR SUCH PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SUCH PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SITE OR SUCH PRODUCTS OR SERVICES WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SUCH PRODUCTS OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SUCH PRODUCTS OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. WE DO NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SITE OR SUCH PRODUCTS OR SERVICES, AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION. WE ALSO DISCLAIM THAT WE ARE IN ANY WAY AFFILIATED WITH THE UNITED STATES GOVERNMENT OR ANY OF ITS AGENCIES. WE ALSO DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR SUCH PRODUCTS OR SERVICES. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS (INCLUDING ANY CONCIERGE SERVICE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF VIRUSES, CONTAMINATION, DESTRUCTIVE FEATURES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR SUCH PRODUCTS OR SERVICES PROVIDED OR MADE AVAILABLE TO YOU ON THE SITE IS TO STOP USING THE SITE OR SUCH PRODUCTS OR SERVICES, AS APPLICABLE. THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON THE SITE; (II) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SITE (INCLUDING PRODUCTS AND SERVICES MADE AVAILABLE ON THE SITE), (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE IMPROPER AUTHORIZATION FOR THE PRODUCTS AND/OR SERVICES OFFERED ON THE SITE BY SOMEONE CLAIMING SUCH AUTHORITY; OR (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.
IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, OFFICERS, AND DIRECTORS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED $300.00.
You agree to indemnify, defend, and hold harmless us, our affiliates, our subsidiaries, and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns (collectively, the “GovAssist Parties”) from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation of these Terms and Conditions or other documents incorporated herein by reference; (ii) your use of the Site, and/or any products or services made available on the Site; (iii) your violation of another person’s rights; (iv) your violation of applicable law; or (v) any claim related to your User Content, including a claim that your User Content caused damage to another person. This indemnification obligation will continue after you stop using the Site and/or our products or services made available on the Site. In addition, you release the GovAssist Parties from all claims, demands, actions, or suits in connection with your User Content, including any liability related to the GovAssist Parties’ use or non-use of your User Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.
We may send you responses or notices by e-mail, posting to this Site, or written communication sent by U.S. Postal Service. 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.
Unless expressly stated otherwise in these terms, any notices you provide to us shall be given by postal mail to:
252 Calle Degetau
San Juan, PR 00915
Any notices provided by either party by postal mail shall be deemed given three (3) days after the date of mailing if mailed from within the Continental US. International postal mail will be deemed given at minimum, ten (10) days after the date of mailing.
These Terms and Conditions and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of The Commonwealth of Puerto Rico, without giving effect to any principles of any choice or conflict of law provision or rule that would cause the laws of any jurisdiction other than those of District of San Juan to apply.
Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of any products and/or services) must be commenced within one (1) year after the claim or cause of action arises.
Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in The Commonwealth of Puerto Rico, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.
Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
This Site is controlled and operated by us from our offices in the United States of America, and the content, services, products and incentives we may provide from time to time on and through the Site are intended to comply with U.S. state and federal laws and regulations. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. If you are a non-U.S.-based user, be advised that other countries may have laws or regulatory requirements that differ from those in the U.S. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions will remain in full force and effect.
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. We may be contacted via e-mail at [email protected]
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