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PRIVACY POLICY
At
Mesothelioma-Lawyer.com.au, we are committed to protecting the
privacy of visitors to our website. We will use our best efforts
to ensure that the information you submit to us remains private,
and is used only for the purposes you agree to. The following
reflects our commitment to you.
General
Information Collected from Visitors to the Website
In general, we
gather information about all of our users collectively, such as
what areas users visit more frequently and what services users
access the most. We only use such data anonymously and in the
aggregate. This information helps us determine what is most
beneficial for our users, and how we can continually create a
better overall experience for you.
Your Personal
Information collected on this Website
In some
instances we may need more specific information about you, such
as name, address, email address, telephone number, etc. We would
collect this information if you were to apply for a job via this
website, or to sign up for a service, for example. We may also
ask you for other information such as the types of jobs you are
interested in and your workplace concerns in order to provide
you with the best possible service and internet experience. We
also provide you with the opportunity to opt-out of these types
of communications. If you choose to receive these types of
communications at the time of registration, but later decide you
no longer want to receive them, simply edit your account
preferences.
General
Information Disclosure
We do not
disclose information about your individual visits to this
website, or personal information that you provide, such as your
name, address, email address, telephone number, etc., to any
outside parties, except when we believe the law requires it.
Feedback
Mesothelioma-Lawyer.com.au
has several areas on the website where you can submit feedback.
Any feedback that is submitted through this area becomes the
property of Mesothelioma-Lawyer.com.au. We may use this
feedback, such as success stories or responses to surveys, for
marketing purposes, or to contact you for further feedback on
the site.
Changes to our
Privacy Policy
If we decide to
change our privacy policy for our website, we will post these
changes here so that you will always know what information we
gather, how we might use that information, and whether we will
disclose it to anyone. If, at any time, you have questions or
concerns about our commitment to your privacy, please feel free
to email us at
webmaster@mesothelioma-lawyer.com.au
TERMS OF USE
Mesothelioma-Lawyer.com.au
provides its service to you, subject to the following Terms of
Use, which may be updated by us from time to time without prior
notice to you. You can always view the most current version of
the Terms of Use at any time at:
www.mesothelioma-lawyer.com.au
1. DESCRIPTION
OF SERVICE
Mesothelioma-Lawyer.com.au
currently provides users with access to a rich collection of
resources, including, various communications tools, forums,
shopping services, personalized content and branded programming
through its network of properties (the "Service"). You also
understand and agree that the Service may include advertisements
and that these advertisements are necessary for Mesothelioma-Lawyer.com.au
to provide the Service. You also understand and agree that the
service may include certain communications from Mesothelioma-Lawyer.com.au,
such as service announcements, administrative messages and the
Mesothelioma-Lawyer.com.au Newsletter, and that these
communications are considered part of Mesothelioma-Lawyer.com.au
membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of
new Mesothelioma-Lawyer.com.au properties, shall be subject to
the Terms of Use. You understand and agree that the Service is
provided "AS-IS" and that Mesothelioma-Lawyer.com.au assumes no
responsibility for the timeliness, deletion, mis- delivery or
failure to store any user communications or personalization
settings. You are responsible for obtaining access to the
Service and that access may involve third party fees (such as
Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with
the display or delivery of advertisements. In addition, you must
provide and are responsible for all equipment necessary to
access the Service.
2. YOUR
REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you represent that you
are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of Australia or
other applicable jurisdictions. You also agree to: (a) provide
true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or
Mesothelioma-Lawyer.com.au has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, Mesothelioma-Lawyer.com.au has the right to suspend
or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
Mesothelioma-Lawyer.com.au is concerned about the safety and
privacy of all its users, particularly children. For this
reason, you must be at least 14 years old to create a
Mesothelioma-Lawyer.com.au account.
3. PRIVACY
POLICY
Registration
Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy
policy at
www.mesothelioma-lawyer.com.au
4. MEMBER
CONDUCT
You understand
that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such
Content originated. This means that you, and not
Mesothelioma-Lawyer.com.au, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make
available via the Service. Mesothelioma-Lawyer.com.au does not
control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Mesothelioma-Lawyer.com.au be liable
in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available
via the Service.
You agree to
not use the Service to:
a. upload,
post, email, transmit or otherwise make available any Content
that is unlawful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable. When submitting a review of a service company you
have hired you must provide only factual information based on
your personal experience;
b. harm minors
in any way;
c. impersonate
any person or entity, including, but not limited to, a
Mesothelioma-Lawyer.com.au official, forum leader, guide or
host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
d. forge
headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload,
post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
f. upload,
post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
g. upload,
post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation;
h. upload,
post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
i. disrupt the
normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability to engage
in real time exchanges;
j. interfere
with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service;
k.
intentionally or unintentionally violate any applicable local,
state, national or international law;
l. "stalk" or
otherwise harass another; or
m. collect or
store personal data about other users.
You acknowledge
that Mesothelioma-Lawyer.com.au may not pre-screen Content, but
that Mesothelioma-Lawyer.com.au and its designees shall have the
right (but not the obligation) in their sole discretion to
refuse or move any Content that is available via the Service.
Without limiting the foregoing, Mesothelioma-Lawyer.com.au and
its designees shall have the right to remove any Content that
violates the Terms of Use or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content
created by Mesothelioma-Lawyer.com.au or submitted to
Mesothelioma-Lawyer.com.au, including without limitation
information in Mesothelioma-Lawyer.com.au Message Boards, and in
all other parts of the Service.
You
acknowledge, consent and agree that Mesothelioma-Lawyer.com.au
may access, preserve, and disclose your account information and
Content if required to do so by law or in a good faith belief
that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the
Terms of Use; (c) respond to claims that any Content violates
the rights of third-parties; (d) respond to your requests for
customer service; or (e) protect the rights, property, or
personal safety of Mesothelioma-Lawyer.com.au, its users and the
public.
You understand
that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
You understand
that the Service and software embodied within the Service may
include security components that permit digital materials to be
protected, and use of these materials is subject to usage rules
set by Mesothelioma-Lawyer.com.au and/or content providers who
provide content to the Service. You may not attempt to override
or circumvent any of the usage rules embedded into the Service.
Any unauthorized reproduction, publication, further distribution
or public exhibition of the materials provided on the Service,
in whole or in part, is strictly prohibited.
5. CONTENT
SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Mesothelioma-Lawyer.com.au does not claim ownership of Content
you submit or make available for inclusion on the Service.
However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you
grant Mesothelioma-Lawyer.com.au the following world-wide,
royalty free and non-exclusive license(s), as applicable:
• With respect
to Content you submit or make available for inclusion on
publicly accessible areas of Mesothelioma-Lawyer.com.au, the
license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely
for the purposes of providing and promoting the specific
Mesothelioma-Lawyer.com.au Group to which such Content was
submitted or made available. This license exists only for as
long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or
Mesothelioma-Lawyer.com.au removes such Content from the
Service.
• With respect
to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service, the
license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely
for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to
continue to include such Content on the Service and will
terminate at the time you remove or Mesothelioma-Lawyer.com.au
removes such Content from the Service.
• With respect
to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible
areas of the Service, the perpetual, irrevocable and fully sub
licensable license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content
into other works in any format or medium now known or later
developed.
"Publicly
accessible" areas of the Service are those areas of the
Mesothelioma-Lawyer.com.au network of properties that are
intended by Mesothelioma-Lawyer.com.au to be available to the
general public. By way of example, publicly accessible areas of
the Service would include Mesothelioma-Lawyer.com.au Message
Boards that are open to both members and visitors.
6. INDEMNITY
You agree to
indemnify and hold Mesothelioma-Lawyer.com.au, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post, transmit or
make available through the Service, your use of the Service,
your connection to the Service, your violation of the Terms of
Use, or your violation of any rights of another.
7. NO RESALE
OF SERVICE
You agree not
to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
8. GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge
that Mesothelioma-Lawyer.com.au may establish general practices
and limits concerning use of the Service, including without
limitation the maximum number of days that email messages,
message board postings or other uploaded Content will be
retained by the Service, the maximum number of email messages
that may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space
that will be allotted on Mesothelioma-Lawyer.com.au's servers on
your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period
of time. You agree that Mesothelioma-Lawyer.com.au has no
responsibility or liability for the deletion or failure to store
any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that
Mesothelioma-Lawyer.com.au reserves the right to log off
accounts that are inactive for an extended period of time. You
further acknowledge that Mesothelioma-Lawyer.com.au reserves the
right to modify these general practices and limits from time to
time.
9.
MODIFICATIONS TO SERVICE
Mesothelioma-Lawyer.com.au reserves the right at any time and
from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without
notice. You agree that Mesothelioma-Lawyer.com.au shall not be
liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
10.
TERMINATION
You agree that
Mesothelioma-Lawyer.com.au may, under certain circumstances and
without prior notice, immediately terminate your
Mesothelioma-Lawyer.com.au account, any associated email
address, and access to the Service. Cause for such termination
shall include, but not be limited to, (a) breaches or violations
of the Terms of Use or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the
Service (or any part thereof), (e) unexpected technical or
security issues or problems, and (f) extended periods of
inactivity. Termination of your Mesothelioma-Lawyer.com.au
account includes (a) removal of access to all offerings within
the Service, (b) deletion of your password and all related
information, files and content associated with or inside your
account (or any part thereof), and (c) barring further use of
the Service. Further, you agree that all terminations for cause
shall be made in Mesothelioma-Lawyer.com.au's sole discretion
and that Mesothelioma-Lawyer.com.au shall not be liable to you
or any third-party for any termination of your account, any
associated email address, or access to the Service.
11. DEALINGS
WITH ADVERTISERS
Your
correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that Mesothelioma-Lawyer.com.au shall not
be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Service.
12. LINKS
The Service may
provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Mesothelioma-Lawyer.com.au has
no control over such sites and resources, you acknowledge and
agree that Mesothelioma-Lawyer.com.au is not responsible for the
availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that
Mesothelioma-Lawyer.com.au shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such
site or resource.
13.
Mesothelioma-Lawyer.com.au's PROPRIETARY RIGHTS
You acknowledge
and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly
authorized by Mesothelioma-Lawyer.com.au or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in
whole or in part.
Mesothelioma-Lawyer.com.au grants you a personal,
non-transferable and non- exclusive right and license to use the
object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface
that is provided by Mesothelioma-Lawyer.com.au for use in
accessing the Service.
14. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
a. YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. Mesothelioma-Lawyer.com.au
EXPRESSLY DISCLAIMS 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.
b.
Mesothelioma-Lawyer.com.au MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
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.
d. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Mesothelioma-Lawyer.com.au OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
e. A SMALL
PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE
NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN
YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE
SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
15. LIMITATION
OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT Mesothelioma-Lawyer.com.au SHALL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF Mesothelioma-Lawyer.com.au HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
16. EXCLUSIONS
AND LIMITATIONS
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 OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
17. NO THIRD
PARTY BENEFICIARIES
You agree that,
except as otherwise expressly provided in this Terms of Use,
there shall be no third party beneficiaries to this Agreement.
18. NOTICE
Mesothelioma-Lawyer.com.au may provide you with notices,
including those regarding changes to the Terms of Use, by either
email, regular mail, or postings on the Service.
19. TRADEMARK
INFORMATION
Mesothelioma-Lawyer.com.au,
Mesothelioma-Lawyer.com.au logo and other Mesothelioma-Lawyer.com.au
logos and product and service names are trademarks of
Mesothelioma-Lawyer.com.au (the "Mesothelioma-Lawyer.com.au
Marks"). Without Mesothelioma-Lawyer.com.au's prior permission,
you agree not to display or use in any manner, Mesothelioma-Lawyer.com.au
Marks.
20. GENERAL
INFORMATION
Entire
Agreement. The Terms of Use constitute the entire agreement
between you and Mesothelioma-Lawyer.com.au and govern your use
of the Service, superseding any prior agreements between you and
Mesothelioma-Lawyer.com.au. You also may be subject to
additional terms and conditions that may apply when you use or
purchase certain other Mesothelioma-Lawyer.com.au services,
affiliate services, third-party content or third-party
software.
Choice of Law
and Forum. The Terms of Use and the relationship between you and
Mesothelioma-Lawyer.com.au shall be governed by the laws of the
State of Western Australia without regard to its conflict of law
provisions. You and Mesothelioma-Lawyer.com.au agree to submit
to the personal and exclusive jurisdiction of these courts.
Waiver and
Severability of Terms. The failure of Mesothelioma-Lawyer.com.au
to exercise or enforce any right or provision of the Terms of
Use shall not constitute a waiver of such right or provision. If
any provision of the Terms of Use is found by a court of
competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavour to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of the Terms of Use remain in full force and effect.
No Right of
Survivorship and Non-Transferability. You agree that your
Mesothelioma-Lawyer.com.au account is non-transferable and any
rights to your Mesothelioma-Lawyer.com.au I.D. or contents
within your account terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and
all contents therein permanently deleted.
Statute of
Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or
related to use of the Service or the Terms of Use must be filed
within one (1) year after such claim or cause of action arose or
be forever barred.
The section
titles in the Terms of Use are for convenience only and have no
legal or contractual effect.
21. VIOLATIONS
Please report
any violations of the Terms of Use to our Support Team.
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