Terms of Service

Welcome to Rhinogram. Rhinogram operates a unified communications platform which allows healthcare practices and their doctors, nurses, administrators and other employees or representatives to engage with each other, with patients and with other third parties across digital, social media and other traditional communication channels.

Scope

These Terms of Service govern your access to and use of the website located at www.rhinogram.com or any subdomain thereof (the "Website"), the applications made available by us (the "Rhinogram Apps" and collectively with the Website, the "Rhinogram Sites") and the services (the "Services") offered by us through the Rhinogram Sites. As used herein, "Rhinogram," "we," "us" or "our" means Rhinogram, LLC or its affiliates or agents and "you," "your" and other similar words mean the person, entity or other organization (a "Practice") which sets up a Rhinogram account (a "Rhinogram Account") as well as each individual who accesses or uses the Rhinogram Sites or the Services (a "User").

Please read these Terms of Service carefully. BY SETTING UP A RHINOGRAM ACCOUNT OR ACCESSING OR USING THE RHINOGRAM SITES OR THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT SET UP A RHINOGRAM ACCOUNT WITH US OR ACCESS OR USE THE RHINOGRAM SITES OR THE SERVICES.

Access to and Use of the Rhinogram Sites and the Services

You may access or use the Rhinogram Sites or the Services only if you are able to enter into these Terms of Service and form a legally binding agreement between you and us. The information you provide us must be complete and accurate and you must at all times be in compliance with these Terms of Service and all applicable laws.

To create a Rhinogram Account, a Practice must (a) provide us the required account creation information, (b) provide us the required credit card or other payment information and (c) create a Practice administration username and password. If you create an account for a Practice, you represent and warrant to us that you, on behalf of the Practice, are authorized to (i) grant all permissions and licenses set forth in these Terms of Service, (ii) undertake the obligations set forth in these Terms of Service and (iii) enter into these Terms of Service.

To access or use the Rhinogram Sites or the Services, a User must (a) provide us the required User account creation information and (b) create an individual username and password. The information provided to us pursuant to this paragraph and the immediately preceding paragraph is referred to as "Account Information."

You are responsible for the security of your username and password and for your use of the Rhinogram Sites or the Services. You are not permitted to share your username with any other User or third party and you agree that you will notify us immediately of any unauthorized use of your username, password or Rhinogram Account. We reserve the right to from time to time require you to change your password.

You agree that you will not use the Rhinogram Sites or the Services for any illegal purposes. You agree to be responsible for, and comply with all applicable laws, including without limitation with the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), with respect to, all information, content, medical records, images (including scans and x-rays), communications, comments, links and other materials transmitted through the Rhinogram Sites or the Services ("Patient Information"). Unless you notify us at least ten days in advance, your Rhinogram account may not be transferred to any party. You agree that you will not take any action that infringes on the copyrights or other intellectual property rights of any third party.

Pricing and Payment Terms

We have provided you pricing and payment terms for your access and use of the Rhinogram Sites and the Services. By accepting these Terms of Service, you hereby accept and agree to the pricing and payment terms provided to you. We generally charge our customers on a monthly basis, but the pricing and payment terms provided to you will govern your specific payment terms. We reserve the right to at any time change the amount we charge you. The amounts we charge are not refundable. Rhinogram will charge you, and you must pay to Rhinogram, all applicable taxes, including any retroactive tax on past fees or charges (whether already paid or not) in cases where Rhinogram is under a legal obligation to collect such tax from you. You are solely responsible for any and all other taxes, which you are under a legal obligation to pay. All payment transactions handled by our third-party payment processors are subject to the terms, conditions and policies of our third-party payment processors.

Use and Restrictions

You agree to use the Rhinogram Sites and the Services only for (a) the transmission of Patient Information, (b) communications with patients regarding treatment, payment, and health care operation issues, including without limitation matters such as treatment options, test results, administrative, patient scheduling, and other provider/patient matters, (c) interoffice communications among doctors, nurses, administrators and other staff members and (d) communications with vendors, suppliers and other third parties. You agree that you will not use the Rhinogram Sites or the Services for any advertising, marketing, soliciting, promoting, selling or similar purposes to patients or any other parties.

You also agree that you will not (a) access, monitor, or copy any content or information on the Rhinogram Sites or the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (b) violate the restrictions in any robot exclusion headers on the Rhinogram Sites or the Services or bypass or circumvent other measures employed to prevent or limit access to the Rhinogram Sites or the Services; (c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (d) "frame," "mirror," or otherwise incorporate any part of the Rhinogram Sites or the Services into any other website without our prior written authorization; (e) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; or (f) access or use the Rhinogram Sites or the Services to engage in any form of fraud or misrepresentation. You understand and agree that Rhinogram may, in its sole discretion, terminate your access to the Rhinogram Sites or the Services at any time and without notice as may be necessary to enforce the foregoing use restrictions.

Transmission of Protected Health Information

In connection with your use of the Services, you will more than likely transmit Patient Information that constitutes protected health information ("PHI") under HIPAA. You may only transmit a patient's PHI through the Services if your Practice has obtained from that patient a signed HIPAA-compliant Authorization that permits the Practice to transmit such patient's PHI in connection with the Services (an "Authorization"). As such, you represent and warrant to us that you will not transmit any patient's PHI through the Services unless your Practice has obtained a signed Authorization from that particular patient. A Practice may use the Services to obtain Authorizations from its patients. You understand and agree that Rhinogram may, in its sole discretion, terminate your access to the Rhinogram Sites or the Services immediately and without notice if you fail to comply with this paragraph.

Business Associate

We acknowledge that under HIPAA the Services we provide to a Practice as a covered entity will in most circumstances cause us to become the Practice's business associate. As such, Rhinogram will provide a business associate agreement to be signed by both parties, unless the Practice indicates its desire to use a mutual agreed upon alternative business associate agreement.

Privacy Policy

We are committed to safeguarding your privacy. Please carefully review the Rhinogram Privacy Policy located at www.rhinogram.com/privacy-policy. The terms of the Rhinogram Privacy Policy are incorporated into, and constitute a part of, these Terms of Service.

Security

We care about the security of your Account Information and Patient Information (collectively, "Information"). We use a variety of security technologies and procedures to help protect your Information from unauthorized access, use, and disclosure. For example, Patient Information you provide us through the Rhinogram Sites is encrypted on computer servers that are located in controlled facilities. We limit access to your Information to only our employees, contractors, and agents who need to know the Information in order to operate, develop, or improve the Rhinogram Sites and our Services. These individuals are bound by confidentiality obligations and are subject to discipline, including termination, if they fail to meet these obligations. We continuously work to protect the security of your Information; however, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any unauthorized use of your Information.

Assumption of Risks Related to the Services

YOU KNOWINGLY AND FREELY ASSUME ALL RISK RELATED TO YOUR USE OF THE RHINOGRAM SITES AND THE SERVICES. ON BEHALF OF YOURSELF AND YOUR SUCCESSORS, ASSIGNS, PERSONAL REPRESENTATIVES OR HEIRS, YOU HEREBY RELEASE (AND AGREE TO IN THE FUTURE) RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY RHINOGRAM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUB-LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE RHINOGRAM SITES OR THE SERVICES.

Grant of License

For as long as you comply with these Terms of Service, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Rhinogram Sites and the Services. The Services, including the Rhinogram Sites, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose. When accessing the Services through downloaded Rhinogram Apps, you acknowledge and agree that you have not entered into any agreement with the Rhinogram App provider regarding the Rhinogram Apps or the Services. As such, we are responsible for the Rhinogram Apps, any maintenance and support services needed or any claims that could be made regarding the Rhinogram Apps.

Information

Except to the extent required by applicable law, we are not obligated to store, maintain or provide you a copy of your Information. We will endeavor to maintain all Patient Information available for downloading for a period of __ days following its original transmission, but we cannot guarantee that any or all of such Patient Information will be available for such downloading. As such, we strongly encourage you to promptly download soon after transmission any Information that you desire to have for long-term access. You are solely responsible for ensuring that your computers and systems have the capacity to download your Patient Information from the Rhinogram Sites.

Restrictions

By using the Services, you agree not to transmit, distribute, upload, or otherwise disseminate through the Services any of the following:

We take no responsibility and assume no liability for any information or content transmitted, stored, or uploaded by you or any third party, or for any use of or loss or damage to any of such information or content. Although we have no obligation to screen, edit, or monitor any information or content transmitted through the Services, we reserve the right, and have absolute discretion, to remove, screen, and edit any information or content transmitted on or through the Services at any time and for any reason without notice. You will communicate and transmit information or content on or through the Services at your own risk and we will have no obligation or liability regarding your use, misuse or dissemination of such information or content.

Intellectual Property

The Rhinogram Sites and the Services, all software (source code and object code) related thereto, all content provided by us or our affiliates or agents, all processes, designs, techniques, concepts, improvements, modifications, inventions and discoveries related to the Rhinogram Sites or the Services, all trademarks, copyrights, service marks, patents, applications therefore, trade secrets and other intellectual property rights appurtenant thereto and any derivate works thereof related to the Rhinogram Sites or the Services are and shall remain our exclusive property. No use of the Rhinogram Sites or the Services shall be deemed to transfer title, or grant a license to the any of the foregoing. Except as otherwise set forth herein, Information that you communicate to other Users shall, as between us and you, be your sole and exclusive property.

Trademarks

All graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress (collectively, "Trademarks") on the Rhinogram Sites and, except as set forth below, belong to Rhinogram or its licensors. Unless you and we agree otherwise in writing, Rhinogram's Trademarks may not be used or displayed in connection with any product or service that is not Rhinogram's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Rhinogram. All use of Rhinogram's Trademarks must be in accordance with Rhinogram's trademark policies then in effect. Trademarks not owned by Rhinogram that appear on the Rhinogram Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rhinogram. Except to the extent you have provided written notice to the contrary, you consent to the display of your Practice's Trademarks and logos on the Rhinogram Sites solely for the purpose of showing that your Practice is a customer of Rhinogram. Trademarks that are not owned by Rhinogram may not be used or displayed in any manner except with the written permission of the owners of those Trademarks.

Copyrights

All content included on the Rhinogram Sites or displayed through the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Rhinogram or its licensors and protected by U.S. and international copyright laws. The compilation of all content on the Rhinogram Sites is the exclusive property of Rhinogram and protected by U.S. and international copyright laws.

You may not duplicate, copy, or reuse any portion of our visual design elements or concepts without our prior express written permission. Furthermore, you shall not, nor permit any other party to, (a) disassemble, decompile, decrypt, or reverse engineer, or in any way attempt to discover or reproduce source code for any part of the Rhinogram Sites or the Services; (b) alter, modify, or prepare derivative works based on the Rhinogram Sites or the Services or any materials related thereto; or (c) use any part of the Rhinogram Sites or the Services or any materials related thereto to create, invent or develop any computer program or other invention, work or device that performs, replicates, or utilizes the same or substantially similar functions as the Rhinogram Sites and or Services or any materials related thereto.

Submissions

Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (collectively "Submissions"), are deemed non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use your Submissions for any purpose without compensation or attribution to you, in accordance with applicable law.

Electronic Communications

When you access the Rhinogram Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Rhinogram Sites. 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.

Cancellation and Termination

Although we will be sorry to see you go, you are entitled to terminate your Rhinogram Account at any time. All cancellations must be made by logging into your Rhinogram Account, going to the account settings, and cancelling the Rhinogram Account. Following a cancellation of your Rhinogram Account, you will have 30 days to reactivate your Rhinogram Account. If you want your Rhinogram Account permanently terminated prior to the expiration of the 30-day period, you can request us to permanently terminate your Rhinogram Account. If you fail to comply with these Terms of Service, our Privacy Policy or any other policies or procedures of Rhinogram or engage in any behavior we deem inappropriate or unacceptable, we have the right to at any time suspend or terminate your Rhinogram Account (or the rights of any User) or refuse any or all current or future use of the Rhinogram Sites and the Services. Although we reserve the right to maintain your Information in order to comply with applicable laws, we cannot guarantee that your Information will be available to you following a cancellation, termination, or suspension of your Rhinogram Account.

Release and Indemnification

To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our respective affiliates, partners, officers, employees, agents, consultants, licensors, co-branders or other collaborators (collectively, "Covered Persons"), for all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and reasonable attorneys' fees) of every kind and nature, arising from or in any way related to your access to or use of the Rhinogram Sites or the Services. You will indemnify, defend and hold Covered Persons harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) (collectively, "Claims") that may arise from or are related to your access to or use of the Rhinogram Sites or the Services. You will control the defense and settlement of any Claim that is subject to this indemnification, provided that we may at any time elect to take over control of the defense and settlement of any such Claim. In any event, you will not settle any such Claim without our prior written consent. Notwithstanding the foregoing, if there is a conflict between this paragraph and any business associate agreement that we and you have entered into, the terms of the business associate agreement shall govern.

Modifications to the Rhinogram Sites and the Services

We reserve the right to at any time and from time to time modify, upgrade or discontinue, temporarily or permanently, the Rhinogram Sites and the Services we offer, with or without notice. We may upgrade the Rhinogram Sites and our Services and you agree that these Terms of Service will apply to such upgrades. You agree that we will not be liable to you, your employer or any third party with respect to any such modification, upgrade or discontinuance of the Rhinogram Sites or the Services.

Disclaimer of Warranties

YOUR USE OF THE RHINOGRAM SITES OR THE SERVICES IS AT YOUR SOLE RISK. THE RHINOGRAM SITES AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT (a) THE RHINOGRAM SITES OR THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (b) THE RHINOGRAM SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RHINOGRAM SITES OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF THE RHINOGRAM SITES OR THE SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE RHINOGRAM SITES OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE RHINOGRAM SITES OR THE SERVICES WILL BE CORRECTED. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE RHINOGRAM SITES, OR THE CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES MADE AVAILABLE TO YOU THROUGH THE RHINOGRAM SITES, ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. RHINOGRAM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE RHINOGRAM SITES OR THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR APPLICATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RHINOGRAM SITES OR THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. 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.

Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RHINOGRAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RHINOGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE RHINOGRAM SITES OR THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE RHINOGRAM SITES OR THE SERVICES; (c) UNAUTHORIZED ACCESS TO TRANSMISSIONS OR ALTERATION OF YOUR INFORMATION; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE RHINOGRAM SITES OR THE SERVICES; (e) OR ANY OTHER MATTER RELATING TO THE RHINOGRAM SITES OR THE SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE OR THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON 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 the foregoing, if there is a conflict between this paragraph and any business associate agreement that we and you have entered into, the terms of the business associate agreement shall govern.

Site Policies, Modification and Severability

Please review our other policies posted on the Rhinogram Sites. These policies also govern your use of the Rhinogram Sites. We reserve the right to make changes to our policies at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

General Conditions

You acknowledge and agree that Rhinogram may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Rhinogram Sites and the Services.

We reserve the right to modify these Terms of Service from time to time at our sole discretion. Any such modification will be effective immediately upon our posting of the revised Terms of Service on the Rhinogram Sites. We will provide no other notice to you. It is your responsibility to review our Terms of Service from time to time to ensure that you continue to agree with our Terms of Service. If you no longer agree to these Terms of Service after a modification, you must immediately cease using the Rhinogram Sites and the Services. All new or modified features related to the Rhinogram Sites and the Services, including the release of new features, tools and resources, will be subject to these Terms of Service.

You agree that you will not modify, adapt or hack the Rhinogram Sites and the Services or modify another application or website so as to falsely imply that it is associated with the Rhinogram Sites and the Services or Rhinogram. You agree that you will not reproduce, duplicate, copy, sell, resell or exploit all or any part of the Rhinogram Sites and the Services.

You understand that the technical processing and transmission of the Rhinogram Sites and the Services, including your Information, may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree that you will not upload, post, host, or transmit unsolicited email, SMS or "spam" messages. You agree that you will not transmit any worms or viruses or any code of a destructive nature.

The sections titled Transmission of Protected Health Information, Privacy Policy, Assumption of Risk Related to the Services, Information, Intellectual Property, Trademarks, Copyrights, Submissions, Release and Indemnification, Disclaimer of Warranties, Limitations of Liability and General Conditions shall survive the termination of these Terms of Service.

If any portion of these Terms of Service is determined to be illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect any other portion of these Terms of Service. You may not assign any of your rights under these Terms of Service to anyone else without our prior written consent. We may assign our rights to any other individual or entity at our discretion.

These Terms of Service are intended as a contract under and shall be construed and enforceable (both as to validity and performance), shall be interpreted and the rights and obligations of the parties shall be determined in accordance with the laws and procedures and provisions of the State of Tennessee (other than conflict of law rules which might result in the application of the laws of any other jurisdiction). We each agree to submit to the personal jurisdiction of the state and federal courts located in Hamilton County, Tennessee.

In the event any litigation or dispute resolution procedure is utilized to enforce the provisions of these Terms of Service, the prevailing party in such action shall be entitled to the recovery of its reasonable attorneys' fees and expenses, court costs, dispute resolution costs and expenses, expert witness fees and expenses and such other costs as are fixed by the court or other party serving to resolve such dispute.

To the extent permitted by applicable law, we reserve the right to access, read, preserve, and disclose any Information or personal or account information we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these Terms of Service, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Rhinogram, its users and the public. This includes exchanging information with other companies and organizations for payment processing and fraud protection and spam prevention.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and the other policies, terms and conditions referred to in these Terms of Service constitute the entire agreement between you and us and will govern your use of the Rhinogram Sites and the Services, superseding any prior agreements between you and us. If any provision of these Terms of Service is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.

If there is a conflict between any term or condition of these Terms of Service and any term or condition of any business associate agreement that we and you have entered into, then the terms and conditions of the business associate agreement shall govern.

Questions

Any questions regarding these Terms of Service should be addressed to legal@rhinogram.com. If additional information are instructions are needed regarding our Services, please call one of our customer care representatives at (423) 800-7644.

These Terms of Service were last updated on August 1, 2016.

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