GestaltD Buyer - Terms and Conditions
Last Updated: September 6th, 2016
If you do not agree to these Terms, you are not permitted to access or use the Site or use our Service. By accessing and/or or using the Site, and/or engaging in any transaction through the Site, you agree to be legally bound by these Terms as they may be amended from time to time.
Amendment to Terms
Eligibility to Use
Our Service is available only to users who can form legally binding contracts under applicable law and who can fulfill their obligations under these Terms. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended or removed from the Site or engaged in any activity that could result in suspension or removal from the Site; and (c) have full power and authority to enter into and perform these Terms and that doing so will not violate any obligation to which you are subject.
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
Registration and Your Account
In order to access and use certain areas or features of the Services, you will need to register for an account. When you register, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your information as necessary; (c) maintain the security of your account credentials and the information you provide to us; (d) not share your account credentials with others; and (e) notify us immediately if you believe there has been any unauthorized use or security breach involving your account. You are responsible for maintaining the confidentiality of your user ID and password, and you are responsible for all activities that occur under your account. You may not transfer, assign or sell your account to any third party.
We Are Only a Venue
Our Service is an “access only” service that provides an online marketplace for sellers to offer to sell home décor products to buyers. The sale and all other transactions regarding such products are directly between the seller and buyer. Our role is limited to making the Site available and maintaining the Site as an intermediary. We are not a representative, agent, partner or fiduciary for any buyer, seller or manufacturer for any purpose. We do not control and we are not responsible for the sale of products or services or any other transaction between any buyer, seller or manufacturer, any information provided by any buyer, seller or manufacturer, or any of their respective acts or omissions.
Buyers and sellers are responsible to determine the value, condition and authenticity of any products or services being purchased, to pay the purchase price, and to arrange for shipping and/or installation. We do not warrant or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items or for buyers and sellers to otherwise fulfill their respective obligations in any transactions through the Site.
YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE GOOD(S) OFFERED.
Ordering and Payment
General. If you make an offer to purchase an item through our Site, and the offer is accepted, you are obligated to complete the transaction with the seller and to be bound by the terms and conditions specified by the seller, unless (i) the transaction is prohibited by law or this Agreement, (ii) the seller materially changes the item’s description or the item does not conform to the seller’s description, or (iii) a typographical error exists in the listing information which materially affects the terms of sale. Your offer to buy may be retracted for any reason at any time prior to acceptance by the seller.
Prices. All prices are shown in U.S. dollars, and taxes, shipping and handling charges are additional. All products and services are subject to availability, and we reserve the right to impose quantity limits on any order, cancel all or any part of an order, and discontinue products and services without notice, even if you have already placed your order. All prices are subject to change without prior notice.
Credit Card and Payment. We may offer Services on the Site that require payment by credit card. We will not charge your credit card unless you conduct an activity on our Site that has a fee associated with it. Before incurring fees, you will have an opportunity to review and accept the fees that you will be charged for the use of our Services. By agreeing to a transaction with a fee, you authorize us to charge your credit card or otherwise bill your Account for such fees. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly. If you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to your order or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
Cancelling an Order. You may cancel your order as long as your request is made within 48 hours of completing your purchase, provided that you have not yet received a shipment confirmation from us. In the event your order has already shipped, you may initiate a return in accordance with these Terms. To cancel an order, please email us at firstname.lastname@example.org or call us at (773) 980-9210. In the event of an error in information about an item on our Site, your sole remedy is to cancel your order.
Taxes. In general, the seller in any transaction you participate in through the Site is the “retailer of record,” and is responsible for collecting sales and/or use taxes and remitting those taxes to the appropriate taxing authority. If we are required to collect applicable sales or use tax on products you purchase through the Site, you agree that the amount of tax shown at checkout may be adjusted to reflect the actual sales or use tax applicable to your purchase. Also, some jurisdictions may impose an access or license tax, and if you are in such a jurisdiction it will be your responsibility to make any required reports and payments to the appropriate taxing authority.
We do not provide shipping or installation services. Shipping and installation is handled by the manufacturer or seller of the product directly in coordination with you.
Products are shipped directly from the seller or the manufacturer. Your purchases may arrive in multiple shipments. Please visit the “My Orders” section of your online GestaltD account to track the status of your orders. If all of your shipments have been delivered and you are still missing products, please contact us immediately at email@example.com.
We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. When you purchase a product through the Site, any shipping times are estimates only and actual delivery dates may vary. In addition, for some products the delivery or installation may require a specific appointment for in-home delivery.
Returns and Refunds
Because many products offered through the Site are unique or made to order, GestaltD does not offer any returns or refunds, and all returns or refunds are handled directly between buyers and sellers. A seller of a product may, or may not, have a return policy or option. Please refer to each item’s product description on the Site for further information on the seller’s return and/or refund option.
Damaged or Missing Products
You must inspect the products shipped to you when you receive your order. Please document the damage, including pictures. If your items are damaged, your recourse will be against the seller (or the carrier) of the product. However, we will use reasonable efforts to facilitate a resolution to the situation. Please contact us at firstname.lastname@example.org.
If you observe significant damage to the outer packaging of the product when you receive it, please reject the shipment and have the carrier return it to the seller. If there is minor damage to the packaging, please indicate this when you sign for the delivery.
GestaltD does not provide any warranty for products or services you purchase through the Site. However, in many cases the products and services you purchase through the Site are covered by the manufacturer’s warranty as described in the product’s description on our Site and included with the product. To obtain any available warranty service from the manufacturer, please follow the instructions included with the manufacturer’s warranty.
We prohibit the listing or sale of any item on our Site that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, but not limited to, items listed in our Prohibited Products Policy available at http://gestaltd.com/footer_detail.php?id=8, which is incorporated herein by reference.
Limitations on Use
Unless otherwise indicated in writing by us, the Site and all content and other materials contained in the Site (including, but not limited to, logos, designs, text, graphics, photos, videos, information, data, software, sound files, User Content other files and the selection and arrangement thereof (collectively, “Materials”), are proprietary to us and our property (or our licensors’) and are protected by U.S. and international copyright, trademark and other laws. We reserve all intellectual property and other rights not expressly granted in these Terms.
Your use of the Service shall not include any right to (a) sell, resell or commercially use the Services or Materials without our prior written approval; (b) distribute, reproduce, publicly perform or publicly display any Materials without our prior written approval; (c) modify or otherwise make any derivative uses of the Services or Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of the Site or Materials; (f) use the Services or Materials other than for their intended purposes; (g) decompile, reverse engineer, disassemble or otherwise reduce the technology underlying the Services to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law and, in that case, only if you notify us in writing in advance; (h) copy, frameset, enclose or otherwise distribute any part of the Site; or (i) display any Materials in connection with any obscene, explicit, indecent or infringing materials or information. Any use of the Services or Materials that is not expressly permitted by these Terms is strictly prohibited, and may also violate applicable intellectual property and other laws. Except where expressly authorized in these Terms, nothing in these Terms confers any right or license to any patent, trademark, copyright or other proprietary rights belonging to us or any third party, whether by estoppel, implication or otherwise.
Our names, logos or slogans are trademarks or service marks that belong to us. You may not copy, imitate or use them, in whole or in part, without our prior written permission. The look and feel of our Service (including, without limitation, all page headers, custom graphics, button icons and scripts), is proprietary to us and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
We may display content, advertisements and promotions from independent vendors and other third parties through the Services or in shipments with products (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness.
We also make no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site or of websites linking to the Site. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Services.
Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, that third parties are solely responsible for Third-Party Content.
The Service may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, text, photos, videos, graphics, code, items or other materials (collectively, “User Content”). If you decide to share your User Content through the Service or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Service.
You represent and warrant that (i) your User Content is not confidential; (ii) you have the unrestricted right to post your User Content; and (iii) your User Content, and your use and posting thereof, will not violate these Terms or any applicable law or rights of any third-party.
You also agree not to use the Site to create, post, share or store any User Content that: (i) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (ii) advocates or encourages criminal or other conduct that violates any applicable law; (iii) advertises or otherwise solicits funds or is a solicitation for goods or services; (iv) infringes, misappropriates or otherwise violates the intellectual property rights of any person; (v) contains surveys, contests, pyramid schemes, chain letters, junk mail, spam or unsolicited messages; (vi) creates a false identity for the purpose of misleading others; (vii) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content or (viii) that we determine in our sole judgment to interfere with the use or management of the Service or that is otherwise objectionable. We have the right to terminate any receipt, transmission, or other distribution of any such material using the Site or Service, and although we are not obligated to screen or monitor User Content we may delete any such material from our servers at any time and without notice. We also intend to cooperate fully with law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
License Grant to Us
You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right and license to exercise all copyright, trademark, and publicity and other proprietary or intellectual property rights you have, in any existing or future media, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content and any other Material you post or upload to the Site, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. We will not compensate you for exercising any rights you have granted to us for any User Content or other Materials.
Restrictions on Use
You agree that you will not (i) use our Service only for any unlawful purposes, or in a manner that does not fully comply with all agreements and laws applicable to your access and use of the Service, or that violates or infringes any person’s privacy, publicity, copyright, trademark, or intellectual property rights; (ii) transmit any information, data, text, images, files, links or software through the Site except as authorized by us; (iii) use any other user’s account without authorization; (iv) use our Service in a manner that could damage, disable, overburden or impair its functioning (including without limitation by introducing viruses, worms, Trojan horses or other harmful code); (v) attempt to circumvent any security or content-filtering protocols on the Site; (vi) use any robot, spider, crawler, scraper or other automated tool to access the Site, extract data or otherwise interfere with or modify the Site; or (vii) use our Service in any manner that violates applicable law or these Terms.
We may investigate reports of abuse or misuse of our Service. If we determine in our discretion that it is appropriate to do so, we may limit, modify or prohibit your use of the Service and we may exercise any other legal or equitable right and remedy available to us. We also intend to cooperate with law enforcement and other governmental agencies, which may include disclosing information about your identity and other usage of the Services. We may also remove User Content or disable files on the Site. We may do any of these things without notice or liability to you.
If you are the owner of a United States copyright and you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide details of your contention to: GestaltD LLC, 1658 N Milwaukee Ave, #172, Chicago, IL – 60647
Disclaimer of Warranties; Limitation of Liability
THIS SITE AND OUR SERVICE ARE PROVIDED WITH ALL FAULTS, AS IS AND AS AVAILABLE.
GESTALTD OR OUR OFFICERS, DIRECTORS, MANAGERS, EQUITY HOLDERS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES AND OTHER AFFILIATES, AND LICENSORS (COLLECTIVELY, “RELATED PERSONS”) MAKE NO REPRESENTATION OR WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY REPRESENTATION OR WARRANTY REGARDING THIS SITE, OUR SERVICE AND ANY PRODUCTS OR ANYTHING ELSE YOU ACQUIRE THROUGH OUR SERVICE, INCLUDING WITHOUT LIMITATION:
YOU BEAR ALL RISK IN CONNECTION WITH YOUR USE OF OUR SERVICE AND ACQUISITION OF ANY PRODUCTS OR ANYTHING ELSE THROUGH OUR SERVICE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, OR THAT ANY SUCH MATERIAL OR ITEMS OR SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS.
YOU MAY NOT RELY, AND GESTALTD AND ITS RELATED PERSONS WILL NOT BE LIABLE FOR YOUR RELIANCE, ON ANY INFORMATION OR OPINIONS EXPRESSED ON THIS SITE. ANY OPINION OR INFORMATION PRESENTED ON THE SITE IS FOR YOUR CONVENIENCE ONLY AND WILL NOT CREATE ANY WARRANTY OR OTHER AGREEMENT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. ANY CONTENT YOU UPLOAD OR DOWNLOAD OR OTHERWISE PROVIDE TO OR OBTAIN THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.
GESTALTD AND OUR RELATED PERSONS SHALL NOT BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OR LOST PROFITS) RESULTING OR ARISING FROM OR CAUSED BY THE SERVICES OR USE OR INABILITY TO USE THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GESTALTD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN CONNECTION WITH YOUR ACCESS OR USE OF OUR SERVICE SITE, GESTALTD WILL BE LIABLE TO YOU ONLY FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES YOU INCUR, NOT TO EXCEED ONE HUNDRED DOLLARS ($100).
GESTALTD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON OUR SITE. GESTALTD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, INCLUDING PERSONS WHO SELL, MANUFACTURE, OR OTHERWISE PROVIDE PRODUCTS OR SERVICES THAT YOU PROCURE THROUGH THE SITE.
IN NO EVENT SHALL GESTALTD OR ANY OF OUR RELATED PERSONS BE LIABLE FOR ANY DAMAGES OF ANY NATURE WHATSOEVER CAUSED BY OR ARISING FROM THE ACTS, OMISSIONS OR STATEMENTS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DAMAGE TO PROPERTY (TANGIBLE OR INTANGIBLE) OR PERSONAL INJURY CAUSED BY OR ARISING FROM ANY PRODUCT, SERVICE OR ANYTHING ELSE YOU ACQUIRE THROUGH THE SITE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Your Indemnity Obligations and Release
You agree to indemnify and hold GestaltD and our Related Persons harmless from any damage, loss, liability, expense, suit, claim, allegation and proceeding related to or arising from (i) your use of the Service, (ii) your breach of any provision of these Terms, and (iii) any transaction or dispute between you and any third party, including any buyer or seller of products or anything else on this Site.
You release GestaltD and our Related Persons from, and covenant not to sue for, any damage, loss, liability, expense, suit, claim, allegation and proceeding related to or arising from any transaction or dispute between you and any third party, including any buyer or seller of products or anything else on this Site. This release and covenant not to sue includes matters that are unknown by you at this time. If applicable to you, you waive any rights under California Civil Code Section 1542, which provides that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor.”
GestaltD and its Related Persons will not be liable for any failure to perform, or for any interruption or delay in performance, caused by circumstances beyond our reasonable control, including without limitation a labor shortage or disturbance, an outage or interruption of service with respect to power supply, the Internet, servers or other hardware, failure by any of our service providers to perform, fire, civil disturbance or natural disaster.
All matters related to the Service, these Terms, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of Illinois or any other jurisdiction).
Any suit, action or proceeding arising out of or related to the Service or these Terms shall be instituted exclusively in the federal courts of the United States of the courts of the State of Illinois, in each located in the City of Chicago, Illinois. You waive any objections to exercise of jurisdiction over you by such courts and to venue in such courts. We may file a suit for injunctive or other equitable non-monetary relief in any other jurisdiction.
YOU AND WE EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE SERVICE AND THESE TERMS.
Any waiver by us of any provision of these Terms shall be in a writing and expressly refer to the provision or right to be waived, signed by an authorized representative of GESTALTD, and any such waiver shall not be deemed a continuing waiver of such provision or a waiver of any other provision, and any failure by us to assert a right under these Terms shall not constitute a waiver thereof.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be modified to the minimum extent necessary to make the provision valid, legal and enforceable. If modification is not possible, such provision shall be deemed stricken and the remaining provisions of these Terms shall continue in full force and effect.
These Terms shall be construed according to their plain meaning and without regard to any rule of construction requiring language to be construed against the person drafting the same.
Any notices given to us pursuant to these Terms must be given in writing and sent by mail (first class postage prepaid) to: GestaltD LLC, 1658 N Milwaukee Ave, #172, Chicago, IL – 60647, Attn: Puja Lakhanpal; and will be effective when we receive it. We can deliver notices to you by mail (first class postage prepaid) or by email to the street or email that we have on file for you, and will be effective 24 hours after being sent by email or 3 days after being deposited into the mail. We may also give notice of changes to these Terms or other matters by displaying notices on the Site.
GestaltD Seller - Terms and Conditions/Seller Agreement
By registering to sell through The Marketplace on GestaltD.com using the Portal and any related websites and applications owned or operated by or on behalf of GestaltD (collectively, the “Site”), you as an individual, or the entity on behalf of which you are registering (referred to as “you,” “your” or “Seller”), agree to be bound by the terms, conditions and other provisions of this Seller Agreement, and all of the policies and guidelines referred to herein (which are incorporated herein by reference and are collectively referred to as the “Agreement”). GestaltD LLC (referred to as “GestaltD”, “we,” “us” or “our”) and Seller are each referred to as a “Party” and collectively as the “Parties”). This Agreement is effective as of the date you register for the Site through the Portal (the “Effective Date”). Certain capitalized terms are defined at the end of this Agreement.
We reserve the right to change any of the terms, conditions and other provisions in this Agreement (including all policies and guidelines referred to in this Agreement), at any time and in our sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the Site and being aware of any applicable changes. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE.
Buyer Orders. GestaltD will process Buyer orders and collect Sales Proceeds remitted by Buyers for Merchandise ordered from you through the Site. GestaltD has no obligation to initiate collection action or take any action against a Buyer to collect funds on your behalf. GestaltD payment timeline to vendors is based on whether a product is Custom Made upon receiving customer order or an In-stock item. For custom products, GestaltD will remit amounts, less any amounts you owe to GestaltD, in two payments as follows - (i) GestaltD will pay 50% of applicable amount, 1-3 days after GestaltD receives sales proceeds for the applicable merchandise, from the Buyer (ii) GestaltD will pay remining 50% of applicable amount 3-5 days after the date on which the applicable merchandise is delivered and accepted by the Buyer, by electronic funds transfer to the bank account you identified in the Portal.
For in-stock items, GestaltD will remit amounts, less any amounts you owe to GestaltD, 3-5 days after the date on which the applicable merchandise is delivered and accepted by the Buyer, by electronic funds transfer to the bank account you identified in the Portal.
All payments are contingent upon GestaltD receiving payment from the buyer. GestaltD may withhold partial payment to settle any customer disputes and/or issue refunds etc. You hereby appoint GestaltD as your agent for the sole and express purpose of receiving Sales Proceeds. You agree that GestaltD's receipt of Sales Proceeds from a Buyer is deemed to be the receipt of those funds from the Buyer by you.
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