Website Terms and Conditions

If you, like me, don't get turned on by legalese, realize that without the
Legal section of this website, it would be impossible to provide Bust
Your Cravings Breakthrough Sessions online and they would have to be
done as face-to-face, in-office meetings only.

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE...

By using our Website, you agree to these Terms and Conditions
of Use ("Terms & Conditions"). We reserve the right, in our
sole discretion, to change, modify, add or remove portions of these
Terms & Conditions at any time. You should check these Terms
& Conditions periodically for changes. By using this Website
after we post any changes to these Terms & Conditions, you
agree to accept those changes, whether or not you have reviewed them.
If you do not agree to these Terms & Conditions, you should not
use our Website and, if applicable, you should arrange to cancel your
registered user account or subscription with us.

1. Scope of Terms & Conditions

Unless we indicate otherwise, these Terms &
Conditions apply to your use of the websites which are owned or
operated by Eric Rosen and his affiliates
(collectively, "we," "us," or "our"), including, without limitation,
this website and any other website that we may own or operate currently
or in the future (collectively, our "Website"). For purposes of these
Terms & Conditions, "affiliates" shall mean any entity or
person, directly or indirectly, owning a controlling interest in, owned
by, or under common ownership control with, Eric Rosen and any subsidiary he
may come to own in the future.

2. Terms & Conditions - In General

By using this Website, you agree to be legally bound and to
abide by these Terms & Conditions, just as if you had signed
this agreement. If you do not comply with these Terms &
Conditions at any time, we reserve the right, if applicable, to
terminate your password, user account, and/or access to this Website
(or any part thereof). In our sole discretion and without prior notice
or liability, we may discontinue, modify or alter any aspect of the
Website, including, but not limited to, (i) restricting the time the
Website is available, (ii) restricting the amount of use permitted, and
(iii) restricting or terminating any user's right to use the Website.
You agree that any termination or cancellation of your access to, or
use of, the Website may be effected without prior notice.

If you do not abide by the provisions of these Terms &
Conditions, except as we may otherwise provide from time to time, you
agree that we may immediately deactivate or delete your user account
and all related information and files in your user account and/or bar
any further access to such information and/or files, or our Website.
Further, you agree that we shall not be liable to you or any
third-party for any termination or cancellation of your access to, or
use of, our Websites. From time to time, we may supplement these Terms
& Conditions with additional terms and conditions pertaining to
specific content, activities or events ("Additional Terms"). Such
Additional Terms may be placed on the Website to be viewed in
connection with the specific content, activities, features or events
and shall be identified as such. You understand and agree that such
Additional Terms are hereby incorporated by reference into these Terms
& Conditions.

3. Restrictions on Use of Materials

Unless otherwise specified, we grant you a non-exclusive,
non-transferable, limited right to access, use and display this Website
and the material provided hereon for your personal, noncommercial use,
provided that you comply fully with the provisions of these Terms
& Conditions. You acknowledge that this Website contains
information, software, photos, video, text, graphics, music, sounds,
questions, creative suggestions, messages, comments, feedback, ideas,
recipes, notes, drawings, articles and other materials (collectively,
"Content") that are protected by copyrights, patents, trademarks, trade
secrets and/or other proprietary rights, and that these rights are
valid and protected in all forms, media and technologies existing now
or hereafter developed. All Content is copyrighted under the United
States copyright laws (and, if applicable, similar foreign laws), and
we own a copyright in the selection, coordination, arrangement and
enhancement of such Content. All trademarks appearing on this Website
are trademarks of their respective owners.

BUST YOUR CRAVINGS is the trade name and trademark and service mark of
Eric Rosen. Our commercial partners, suppliers, advertisers, sponsors,
licensors, contractors and other third parties may also have additional
proprietary rights in the Content which they make available on this
Website. You may not modify, publish, transmit, distribute, perform,
participate in the transfer or sale, create derivative works of, or in
any way exploit, any of the Content, in whole or in part. When Content
is downloaded to your computer, you do not obtain any ownership
interest in such Content. Modification of the Content or use of the
Content for any other purpose, including, but not limited to, use of
any Content in printed form or on any other website or networked
computer environment is strictly prohibited unless you receive our
prior written consent.

4. Becoming a Registered User

There is no cost to become a registered user of our Website.
You do not have to become a registered user to use this Website.
However, if you do not register, you may be precluded from using
certain products, offerings, features, or resources of our Website. You
must register in accordance with instructions that you will find on
this Website to participate in, and to contribute to, any Community
Area or use of the "Public Profile" feature of our Website. A
"Community Area" means any blog, personal page, group page, chat room,
message board, bulletin board, recipe swap, or similar activity where
you can communicate with other users of our Website or post your own
Content.

If you elect to become a registered user of our Website, you
agree to provide us with true, accurate and complete information about
yourself ("Registered User Data"), and to maintain and promptly update
the Registered User Data and any other information you provide to us,
to keep it accurate. Without limiting any other provision of these
Terms & Conditions, if you provide any information that is
untrue, inaccurate, or incomplete, or we have reasonable grounds to
suspect that such is the case, we reserve the right to suspend or
terminate your user account and refuse any and all current or future
use of our Website (or any portion thereof). You agree not to assign,
transfer or sublicense your rights as a registered user of this
Website. You further agree not to register for more than one account,
create an account on behalf of someone else, or create a false or
misleading identity on this Website.

5. Privacy

We are committed to protecting your privacy and security. For
more information, you should review our Privacy
Policy
, which is incorporated into these Terms &
Conditions by this reference.

6. Community Standards and Conduct Guidelines

You acknowledge that all Content posted, emailed, or
otherwise transmitted to or on this Website, whether posted at our
request or voluntarily, and whether publicly posted or privately
transmitted (collectively, the "Postings"), are the sole responsibility
of the person who made such Postings. This means that you are entirely
responsible for all Postings that you post, email or otherwise transmit
to this Website. We do not control the Postings posted, emailed or
otherwise transmitted on our Website by others and, as such, we do not
guarantee the accuracy, integrity or quality of such Postings.

Although we have adopted community standards and conduct
guidelines for the users of our Website (as described below), you
understand that by using this Website, you may be exposed to Postings
that are offensive or objectionable. Under no circumstances will we be
liable in any way for any Postings (other than for Content developed by
us), including, but not limited to, for any errors or omissions in any
Postings, or for any loss or damage of any kind incurred as a result of
the use of any Postings posted, emailed or otherwise transmitted to or
through this Website. You agree not to use this Website (including any
Community Areas) to:

a. Upload, post, email or otherwise transmit any Postings
or other materials that are unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable (in our sole discretion);
b. Harm minors in any way, or solicit or otherwise attempt
to gain any information from a minor;
c. Impersonate any person or entity, including, but not
limited to any user of this Website, a director, officer, employee,
shareholder, agent or representative of Eric Rosen, his affiliates or any
other person or entity, or falsely state or otherwise misrepresent your
affiliation with Eric Rosen, or his affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Postings or other materials
transmitted to or through this Website;
e. Upload, post, email or otherwise transmit any Postings
or other materials that are not your own, or that you do not have a
right to upload, post, email or otherwise transmit under any law or
under contractual or fiduciary relationships (such as insider
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f. Upload, post, email or otherwise transmit any Postings
or other materials that infringe upon any patent, trademark, trade
secret, copyright, right of privacy or publicity or other proprietary
rights of any party;
g. Upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
commercial solicitation, except in those areas, if any, that are
specifically designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings
or other materials that contain 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 a Community Area (or other portion
of this Website) are able to type, or otherwise act in a manner that
negatively affects or otherwise diminishes the quality of another
user’s experience of this Website;
j. Interfere with or disrupt this Website or servers or
networks connected to this Website, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Website;
k. Intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited
to, any regulations having the force of law;
l. "Stalk" or otherwise harass another user or employee of
this Website; or
m. Solicit, collect or post personal data or attempt to
solicit, collect or post personal data about other users of the
Website, including user names or passwords; or Access or attempt to
access another user’s account without his or her consent;

Except as may otherwise be provided in our Privacy
Policy
, all Community Area communications, including, but not
limited to, chat, message board, blog, groups, and profile
communications, are public and not private communications. We reserve
the right to monitor some, all, or no areas of this Website (including
any Community Area) for adherence to the community standards and
conduct guidelines set forth above or for any other purpose.

You acknowledge that by providing you with the ability to distribute
Postings in the Community Areas, we are acting as a passive conduit for
such distribution and we are not undertaking any obligation or
liability relating to any Postings or activities in any Community Area,
nor do we endorse any such Postings. Although we reserve the right to
remove, without notice, any Posting for any reason, we have no
obligation to review Content prior to the Content’s posting or to
delete Postings that you may find objectionable or offensive. We are
not responsible for maintaining a copy of any material we remove from
our Website, and we are not liable for any loss you incur in the event
that Content you post or transmit to our Website has been removed.

7. Submissions

If, at our request or on your own, you send, email, post or
otherwise transmit to us or this Website any Content, (collectively,
the "Submissions"), you grant us and our successors and assigns a
royalty-free, perpetual, irrevocable, non-exclusive right (including
any moral rights) and license (as well as consent) to use, license,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, derive revenue or other remuneration from,
communicate to the public, perform and display any Submissions (in
whole or in part and with or without the use of your name) worldwide
and/or to incorporate the Submissions in other works in any form,
media, or technology now known or later developed, for the full term of
any copyrights, trademarks and other intellectual and proprietary
rights (collectively, the "Rights") that may exist in such
Submissions.

You also warrant that, to the extent you are not the exclusive
holder of all Rights in a Submission, any third party holder of any
Rights, including moral rights in such Submissions, has completely and
effectively waived all such rights and validly and irrevocably granted
to you the right to grant the license stated above. You further
acknowledge that we and our successors and assigns shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
Submissions. You also permit any user to access, display, view, store
and reproduce any Submission that you have made available in a
Community Area for personal use. Subject to the foregoing, the owner of
a Submission placed on this Website retains any and all Rights that may
exist in such Submission. Except as provided in our Privacy
Policy
, none of the Submissions shall be subject to any
obligation of confidence on our part, and we shall not be liable for
any use or disclosure of any Submissions.

8. Parental or Guardian Permission

Some of the Content on this Website may not be appropriate
for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE
THIS WEBSITE. We strongly recommend that children between the ages of
13 and 18 ask for their parent's or guardian's permission before
viewing our Website.

9. Links

These Terms & Conditions apply only to this Website,
and not to the websites of any other person or entity. We may provide,
or third parties may provide, links to other worldwide websites or
resources. You acknowledge and agree that we are not responsible for
the availability of such external sites or resources, and do not
endorse (and are not responsible or liable for) any content,
advertising, products, or other materials on or available from such
websites or resources. You further acknowledge and agree that, under no
circumstances, will we be held responsible or liable, directly or
indirectly, for any loss or damage that is caused or alleged to have
been caused to you in connection with your use of, or reliance on, any
content, advertisements, products or other resources available on any
other website (regardless of whether we directly or indirectly link to
such content, advertisements, products or other resources). You should
direct any concerns with respect to any other website to that website's
administrator or webmaster.

10. Third Party Products and Services

You may order services, merchandise or other products through
our Website from other parties (collectively, the "Third Party
Sellers"). All matters concerning the services, merchandise and other
products desired from the Third Party Sellers, including, but not
limited to, purchase terms, payment terms, warranties, guarantees,
maintenance and delivery, are solely between you and the Third Party
Sellers. We make no warranties or representations whatsoever with
regard to any services, merchandise and other products provided by the
Third Party Sellers. You will not consider us (and we will not be
construed as) a party to such transactions, whether or not we may have
received some form of revenue or other remuneration in connection with
such transactions, and we will not be liable for any costs or damages
arising out of, either directly or indirectly, you or any other person
involved or related to the transactions.

11. Copyright Complaints

We respect the intellectual property of others, and we ask
our users to do the same. We may, in appropriate circumstances and in
our discretion, terminate the rights of any user to use our Website (or
any part thereof) who infringes the intellectual property rights of
others. The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S. copyright
law. If you believe that your work has been copied in a way that
constitutes copyright infringement or are aware of someone doing so,
please contact us and include the following information a) a physical
or electronic signature of the owner of the copyright or a person
authorized to act on behalf of the owner; b) identification of the
copyrighted work claimed to have been infringed (or if multiple
copyrighted works located on this website are covered by a single
notification, a representative list of such works); c) identification
of the material that is claimed to be infringing or the subject of
infringing activity, and information reasonably sufficient to allow us
to locate the material on our Website; d) your name, mailing address,
telephone number and email address; e) a statement by you 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 the law; and
f) a statement by you that the information in your notification is
accurate, and that you attest under penalty of perjury, that you are
the copyright owner or that you are authorized to act on the copyright
owner’s behalf. If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA permits you
to send us a counter-notice. Notices and counter-notices with respect
to this website should be sent to our designated agent for notice of
claims of copyright infringement: Myron S. Rosen, General Counsel,
Delta State Communications, Inc., 61 Broadway, Suite 3010 New York, New
York. 10006.

12. Password and User Security

If you are a registered user of this Website, you are
entirely responsible for maintaining the confidentiality of your
password and user account information. You agree to notify us
immediately in the event of any known or suspected unauthorized use of
your user account, or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of your or anyone
else's password. You are entirely responsible for any and all
activities which occur under your user account. You agree to
immediately notify us of any unauthorized use of your user account or
any other breach of security known to you.

13. Relationship with Delta State Communications, Inc.

BustYourCravings.com is the property of Eric Rosen, and is authorized to use any brand and
intellectual property of Eric Rosen on the Internet. BUST YOUR CRAVINGS is the
trade name and the trademark and servicemark of Eric Rosen as are certain
other trademarks and service marks used by BustYourCravings.com on this
Website under the control of Eric Rosen.

14. Health Disclaimer

This Website (and the content it embeds from other sites)
provides information on how to reduce one’s consumption of foods and
non-alcoholic beverages thought to be habitual and hard to change. The
information, applications, and content published over the Internet are
intended only to assist users in deciding whether to engage in a Bust
Your Cravings Breakthrough Session (as defined elsewhere on this site)
with a BustYourCravings.com consultant who is a certified
hypnotherapist, a certified practitioner of neuro-linguistic
programming (NLP), or both.

A Bust Your Cravings Breakthrough Session uses techniques of
NLP and/or Energy and Tapping Techniques (ETT) to enable the
unconscious mind to permit a dramatic reduction in the person’s
consumption of a habitual food or non-alcoholic beverage. Because a
Bust Your Cravings Breakthrough Session engages the unconscious mind,
Conversational Hypnosis is a de-facto element in the process, however,
formal hypnosis where one is guided into a deep trance, typically with
eyes closed, is not.

NLP, Hypnosis and ETT are neither regulated nor licensed by
the State of California. BustYourCravings.com is not a medical organization and
neither Eric Rosen nor this site's Consultants can give you medical or mental health advice or
diagnosis. Nothing contained in this Website should be construed as
such advice or diagnosis. Any information, reports or services
generated or provided by us should not be interpreted as a substitute
for physician consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a physician
before beginning any weight loss effort, regimen or change in eating
habits. This Website is intended for use only by healthy adult
individuals. The Website is not intended for use by minors, pregnant
women, or individuals with any type of health condition. Such
individuals are specifically warned to seek professional medical advice
prior to initiating any form of weight loss effort, regimen or change
in eating habits. For more information, you should review our Health Notice which is
incorporated into these Terms & Conditions by this reference.

15. Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF
WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS
WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY,
ACCURACY OR NON-INFRINGEMENT. NEITHER ERIC ROSEN, ANY OF HIS AFFILIATES, NOR
ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS
OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN
THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT,
OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING,
CONTENT OR MATERIAL. NEITHER ERIC ROSEN, ANY OF OUR AFFILIATES, NOR ANY OF OUR
OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR
SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN
THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED
BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS &
CONDITIONS.

16. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR
RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B)
THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE
OR WEBSITES LINKED TO THIS WEBSITE, (C) 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 THIS WEBSITE; (D)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY
OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR
WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR
WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY
PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID,
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

17. Indemnification

You agree to indemnify, hold harmless and, at our option,
defend Eric Rosen and our affiliates, and our and their officers, directors,
employees, stockholders, agents and representatives from any and all
third party claims, liability, damages and/or costs (including, but not
limited to, reasonable attorneys fees and expenses) arising from your
improper use of this Website or our products, services or offerings,
your violation of these Terms & Conditions, or your
infringement, or the infringement or use by any other user of your
account, of any intellectual property or other right of any person or
entity.

18. Governing Law and Choice of Forum

These Terms & Conditions shall be governed by and
construed in accordance with the laws of the State of California,
without giving effect to any principles of conflicts of law. You agree
that any action at law or in equity arising out of or relating to your
use of this Website or these Terms & Conditions shall be filed
only in the state or federal courts located in Santa Clara County in
the State of California and you hereby consent and submit to the
personal jurisdiction of such courts for the purposes of litigating any
such action.

19. Miscellaneous Terms

In any action against us arising from the use of this
Website, the prevailing party shall be entitled to recover all legal
expenses incurred in connection with the action, including but not
limited to its costs, both taxable and non-taxable, and reasonable
attorney's fees. If any provision of these terms shall be unlawful,
void, or for any reason unenforceable, then that provision shall be
deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. These Terms &
Conditions are the entire agreement between you and us relating to the
subject matter herein. If you are a subscriber to one of our online
subscription offerings or products, in the event of any conflict
between these Terms & Conditions and the Subscription
Agreement, the Subscription Agreement shall control.

These Terms & Conditions may be modified only by our
posting of changes to these Terms & Conditions on this Website,
or by written agreement of both parties. Each time you access this
Website, you will be deemed to have accepted any such changes. We may
assign our rights and obligations under these Terms &
Conditions. These Terms & Conditions will inure to the benefit
of our successors, assigns and licensees. The failure of either party
to insist upon or enforce the strict performance of the other party
with respect to any provision of these Terms & Conditions, or
to exercise any right under the Terms & Conditions, will not be
construed as a waiver or relinquishment to any extent of such party's
right to assert or rely upon any such provision or right in that or any
other instance; rather, the same will be and remain in full force and
effect.

(Last modified as of December 03, 2013)

 

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