Terms of Use
Bold Street Terms of Use
Last Updated: 11/5/2023
These Terms of Use (the “
Terms
”) govern your use of the Bold Street website located at https://www.boldstreet.ai/ and https://app.www.boldstreet.ai/ (the “
Website”), the Bold Street Agent Platform (the “
Platform
”), and all other related content, services, features, activities, and products provided by Bold Street for you to discover, track, and review your experiences with friends and other users of Bold Street (collectively, the “Services”). The Services are owned and operated by Bold Street, Inc. d/b/a Bold Street AI (“Bold Street”, “we”, “us”, “our”). You, the reader (“You”, “Your”) should read these Terms carefully before using the Services. These Terms apply to all visitors, users, and others who access the Services including you (“Users“).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION AGREEMENT, WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND LIMITATIONS ON COMPANY’S LIABILITY. YOUR USE OF THE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE INCLUDING THE ARBITRATION AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND ALL POLICIES, TERMS, AND CONDITIONS STATED OR INCORPORATED BY REFERENCE IN THESE TERMS, INCLUDING OUR PRIVACY POLICY AND ADDITIONAL TERMS, YOU ARE PROHIBITED FROM, AND MUST IMMEDIATELY CEASE, ACCESSING OR USING THE SERVICES.
Table of Contents
- Eligibility
- Account
- Your Use of the Services
- User Content
- License Grant
- Our Proprietary Rights
- Subscription Fees
- Mortgage-Related Disclosure
- Privacy
- Copyright Complaints
- Third-Party Links
- Termination
- Indemnification
- Disclaimers
- Limitations of Liability
- Dispute Resolution; Arbitration; Prohibition of Class Actions
- General Provisions
- Contact Us
- Eligibility.
The Services are intended solely for Users who are 18 years of age or older, and any registration, use or access to the Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. If you are under 18 years of age you may use the Services only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. - Account.
- Account Creation.
In order to use certain features of the Services, you must register for an account (“
Account
“) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.You may delete your Account at any time, for any reason. We may suspend or terminate your Account in accordance with Section 12 entitled ‘Termination’. - Account Responsibilities.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Your Use of the Services.
Bold Street Users must be courteous and respectful of others. You must not:
- use the Services for any malicious means, or to abuse, harass, threaten, intimidate or impersonate any other member;
- use the Services to promote, engage in or incite hate, violence, discrimination or intolerance, including based on race, age, gender, gender identity, ethnicity, religion, disability, sexual orientation, or other protected attribute;
- post any information which is incomplete, false, inaccurate, or which you do not have permission to use;
- use the Services for any unlawful purpose including but not limited to the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act., or post any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person; or
- Harvest or collect email addresses or other contact information of other Users for the purpose of sending unsolicited emails or other unsolicited communications.
- User Content.
The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “
User Content
”). You agree that when posting User content, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any false, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other User from using and enjoying the Services; violate any code of conduct or other guidelines which may be applicable; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Bold Street has no obligation to monitor User Content. However, Bold Street reserves the right to review, modify and remove any User Content in its sole discretion. Bold Street reserves the right to terminate your access to any or all of the Services at any time without notice for any reason whatsoever.
- License Grant.
- By Bold Street.
Subject to your compliance with these Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. You may use the Services only as permitted by law. You agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (b) use the Services in any credit or service bureau arrangement; (c) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c). You understand and agree that you are not permitted to: (i) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Services, any updates, or any part thereof; (ii) use any means to discover the source code or to discover the trade secrets in the Services; or (iii) otherwise circumvent any functionality that controls access to or otherwise protects the Services. The licenses granted by us terminate if you do not comply with these Terms. - By You.
By posting any User Content on the Services, you expressly grant to us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not violate this policy and will not cause injury to any person or entity.
- Our Proprietary Rights.
Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “
Bold Street Content
“), and all intellectual property rights related thereto, are the exclusive property of Bold Street and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Bold Street Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. - Subscription Fees.
We may charge subscription fees for the use of certain services offered on the Services (“
Fees
”). We may change the amount of Fees payable from time to time. We will communicate any changes in Fees, and any changes will only take effect at the end of your current subscription period. Unless you cancel your subscription before the end of the current period, your subscription will automatically renew. You authorize us to charge and collect the subscription Fee for the next period (including any taxes payable) using the payment method they have on record for you. Subscriptions can be canceled at any time; however, there are no refunds for cancellation. In the event that we suspend or terminate your Account, you understand and agree that you shall receive no refunds. - Mortgage-Related Disclosure.
This Section 8 pertains to the Services Bold Street provides in connection with the mortgage loan industry.
- Bold Street does not confirm, and does not make or give any guarantee regarding (i) any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor (ii) any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor (iii) any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional.
- Bold Street does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker, or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment, or loan-related transaction.
- Bold Street is not a lender, mortgage broker, loan originator, loan processor, or underwriter. Bold Street does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.
- Bold Street does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.
- Bold Street does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals.
- Bold Street does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.
- Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
- Bold Street is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.
- Bold Street does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed, or discussed) or related communications between lenders, brokers, or other loan professionals and any other person, nor any rates, information, or other content on or accessible through any third party websites, applications, or services.
- Privacy.
By using the Services, you acknowledge and agree that you have reviewed and understand our
Bold Street Privacy Policy
[a]
, which is hereby incorporated by reference, and you consent to the practices described therein as they may be updated from time to time. - Copyright Complaints.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please send us the following information:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of the material that is claimed to be infringing and where it is located on the Services;
- Your address, telephone number, and 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 the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Attn: DMCA Notice
Bold Street, Inc.
1350 Old Bayshore Highway
Suite 520-419
Burlingame, CA
94010
Please note that this procedure is exclusively for notifying Bold Street and its affiliates that your copyrighted material has been infringed.
- Third-Party Links.
Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Bold Street. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites, applications, or services. If you access a third party website from Bold Street, you do so at your own risk, and you understand that these Terms and the Bold Street Privacy Policy do not apply to your use of such sites. You expressly relieve Bold Street from any and all liability arising from your use of any third-party website, application, or service or third-party owned content. - Termination.
We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. - Indemnification.
You agree to defend, indemnify and hold harmless Bold Street and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (iv) your violation of any applicable law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your Account; or (vi) any other individual’s access and use of the Services with your unique username, password or other appropriate security code. - Disclaimers.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BOLD STREET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE SERVICES ARE SUBJECT TO SCHEDULED AND UNSCHEDULED SERVICE INTERRUPTIONS. ALL ASPECTS OF THE SERVICES ARE SUBJECT TO CHANGE OR ELIMINATION AT OUR SOLE DISCRETION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY INTERRUPTION OF THE SERVICES, DELAY, OR FAILURE TO PERFORM.
- Limitations of Liability.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BOLD STREET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 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. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OTHER THAN FOR INDEMNIFICATION OBLIGATIONS ARISING HEREUNDER, WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR YOUR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY/PROPRIETARY RIGHTS IN AND TO THE SERVICES, EACH PARTY’S TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US HEREUNDER. YOU ACKNOWLEDGE THAT THIS ARRANGEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT NEITHER PARTY WOULD ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON LIABILITY. - Dispute Resolution; Arbitration; Prohibition of Class Actions.
PLEASE READ THIS ARBITRATION AGREEMENT IN THIS SECTION 15 (“
ARBITRATION AGREEMENT
”) CAREFULLY. IT IS PART OF YOUR CONTRACT WITH BOLD STREET AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement.
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services provided by Bold Street that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Bold Street, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. - Notice Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“
Notice of Dispute
” ) describing the nature and basis of the claim or dispute, and the requested relief. A Notice of Dispute to Bold Street should be sent to:
Bold Street, Inc.
1350 Old Bayshore Highway
Suite 520-419
Burlingame, CA
94010
After the Notice of Dispute is received, you and Bold Street may attempt to resolve the claim or dispute informally. If you and Bold Street do not resolve the claim or dispute within thirty (30) days after the Notice of Dispute is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules.
Arbitration shall be initiated through the American Arbitration Association ( “AAA” ), an established alternative dispute resolution provider (“ADR Provider” ) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules“) governing the arbitration are available online at
adr.org
or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00USD) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars ($10,000.00USD) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. - Additional Rules for Non-Appearance Based Arbitration.
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. - Authority of Arbitrator.
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Bold Street. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Bold Street. - Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. - Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. - Confidentiality.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief. - Courts.
In the event this Arbitration Agreement is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in
San Mateo County, California.
[b]
- General Provisions.
- Changes to these Terms of Use.
We reserve the right to amend these Terms at any time, including by changing the amount of any Fees payable for any of our Services, and may also add new features that will be subject to these Terms. If these changes are material we will communicate the changes to You prior to the changes going into effect. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms. - Choice of Law.
These Terms and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the internal laws of the State of California without regard to the conflict of law provisions thereof. - No Waiver.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. No waiver shall be effective unless in writing signed by both Parties. - Severability.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. - Survival.
All provisions regarding indemnification, warranty, liability, and limits thereon, and protections of proprietary rights shall survive the termination of these Terms. - Assignment.
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Skupos’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Bold Street may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees. - Headings.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
- Contact Us.
If you have any questions about these Terms, please contact us via email at
info@boldstreet.ai
, or otherwise at:
Bold Street, Inc.
1350 Old Bayshore Highway
Suite 520-419
Burlingame, CA
94010
[a]
Link
[b]
Confirm
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