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FatWallet, Inc. ("FatWallet"), utilizes commission-based affiliate marketing from our merchant partners ("Affiliate Merchants"). To ensure that you, as a FatWallet.com Registered User ("User"), fully understand what your rights are as a User, and what our responsibilities are to you, we have created this User Agreement ("Agreement"). As a User of the FatWallet.com website (referred to herein as "FatWallet.com" or the "Site"), you agree that you have read, understood and agreed to the following "Terms and Conditions," and consent to be bound by all of the "Terms and Conditions," including any future amendments or updates thereto.
Terms and Conditions
To post messages on our forums, you must choose a unique user name. Duplicate user names are not allowed, so if the name you enter is already in use, you will be prompted to choose another one. FatWallet, at its own discretion, may bar registration from any specific email service or ISP. Any message posted on our forums, including any files attached to posts, expresses only the views of the author of the message and does not necessarily reflect the views of Fatwallet or any person or entity associated with it. While FatWallet may use moderators and administrators to monitor the content and appearance of messages and files posted in our forums, you acknowledge that FatWallet is under no obligation to do so. Considering the real-time nature of this bulletin board, it is impossible for us to monitor or review every message and file. You agree that neither FatWallet, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted on our forums. You agree that you will not use our forums to post any material, or links to any material, or to attach files, which includes material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You agree you will not post promotional information for a website or entity with which you are an affiliate, employee, owner, or otherwise receive any benefit from. Users who breach this provision are authorizing FatWallet forums to charge the sum of $1000.00 in advertising fees per violative post, plus any collection and legal fees involved in collecting the debt. You agree you will not post any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you or FatWallet.
You hereby grant FatWallet a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit and otherwise use content and information you post in our forums for any purpose and in any media now known or hereinafter developed. You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any posting or communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Advertisements, referral programs, chain letters, pyramid schemes, solicitations and links to on-line gambling sites are also inappropriate on FatWallet forums. Any User who believes that a posted message is objectionable is encouraged to contact us immediately by clicking "alert moderator" next to any forum message. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular messages immediately. FatWallet reserves the right to delete any message for any reason whatsoever, at our sole discretion. You agree that you are solely responsible for the content of your messages, and that you will indemnify and hold harmless FatWallet and their agents and employees with respect to any claim based upon the appearance and/or transmission of your message(s).
This site contains robot exclusion headers. Much of the information on FatWallet.com is updated on a real time basis and is proprietary or is licensed to FatWallet by our Users, Affiliate Merchants, or third parties. You agree that you will not exceed the limited access to the Site granted to you or use any robot, spider, scraper or other automated means to access FatWallet.com for any purpose without our express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from this Site without the prior expressed written permission of FatWallet and appropriate third party, as applicable;(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
III. FATWALLET CASH BACK
As a User of FatWallet.com, you have the ability to earn money in the form of automatic rebates, which are separate and apart from, and in addition to, any other discounts available through FatWallet.com. ("FatWallet Cash Back"). This section identifies the manner in which you may earn FatWallet Cash Back, when you will be paid, what rights you have as a User to the FatWallet Cash Back you have earned, and FatWallet's rights and responsibilities with respect to the FatWallet Cash Back program.
1. Program Overview. The FatWallet Cash Back rebates program (the "Program") allows FatWallet.com Users to shop with FatWallet's participating merchants, and earn FatWallet Cash Back. The Program is free to Users, and is conferred as a benefit of registration with FatWallet. You are under no obligation to participate or redeem your FatWallet Cash Back.
As a User, FatWallet Cash Back is automatically earned when you make a qualifying online purchase from a merchant participating in the Program (a "Participating Merchant") on our Stores page. Some Participating Merchants may have special requirements to earn FatWallet Cash Back. Click the red asterisk next to their cash back offer for requirements and restrictions. Further, not all merchants listed on our Stores page participate in the Program. Participating Merchant's are identified by a corresponding offer ( % or $ ) to the left of their store name.
2. Eligibility. The Program is offered for purchases made through links on the FatWallet.com website. You must have Internet access and a valid working e-mail address to receive the privileges of the Program. Further, participation in the Program is limited to individuals that are 18 years of age or older.
3. Earning FatWallet Cash Back. To be eligible to receive FatWallet Cash Back, you must make a qualifying purchase. Generally, in order to make a qualifying purchase, you must satisfy the following criteria:
(1). You must be 18 years of age or older.
(2). You must log on to FatWallet.com with your user name;
(3). You must link to a Participating Merchant from FatWallet.com's Stores/Offers page;
(4). You must add items to your cart;
(5). You must complete your transaction; and
(6). You must have cookies enabled on your web browser
(7) You must reside in the U.S.A. or Canada
Reasons why you will not earn FatWallet Cash Back, include, but are not limited to, the following:
(1). You are under the age of 18.
(2). You do not log onto Fatwallet.com with your user name;
(3). You go directly to the participating merchant without first visiting our Stores page;
(4). You complete multiple transactions without returning to our Stores page. (Completing each transaction ends your "cash back session" with FatWallet, and you have to start over to earn cash back on additional items).
(5). You type a new address (URL) in the window opened by a FatWallet Stores or Offers page;
(6). You click on any "special offers" or toolbars from other websites while shopping;
(7). You allow too much time to lapse between linking to the merchant and completing the purchase.
(8). You contact the merchant to change an order.
(9). You fail to abide by the restrictions imposed by a Participating Merchant.
(10) You do not reside in the United States or Canada.
(11). The Participating Merchant fails to transmit to FatWallet the commission corresponding to the transaction for any reason or any commission transmitted to FatWallet is required to be repaid by an order of any court of competent jurisdiction.
(12). You have been notified by FatWallet that you, or certain purchases, are not eligible for Cash Back.
Determination of whether or not a purchase made through a Participating Merchant is a qualifying purchase is made at the discretion of Fatwallet.com.
Fatwallet.com is not responsible for tracking problems resulting from incorrect usage of the Fatwallet.com site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, merchant partner errors/omissions or from any other failure of tracking mechanisms.
Upon registration of your user name with Fatwallet.com, an account will be set up in your name for all FatWallet Cash Back you earn. The appropriate FatWallet Cash Back rebate will be posted to your account as "Reported" within thirty (30) days of the date on which a Participating Merchant reports your transaction to FatWallet.com. For a period of ninety one (91) to one hundred twenty one (121) days thereafter, your account will refer to the FatWallet Cash Back rebate as "Pending." This time period is in accordance with the Participating Merchant's right to reverse a transaction for return purposes. Once the participating merchant authorizes the payment of FatWallet.com's commission in connection with a qualifying purchase made by you, we will credit your account with the applicable FatWallet Cash Back. Your FatWallet Cash Back earned will be identified as "Available," at which time you can request a payment redeeming your FatWallet Cash Back. You can view your balance and history by clicking My Account in the upper right corner of any page.
4. Requesting Payment FatWallet Cash Back. You may request to redeem your earned FatWallet Cash Back designated as "Available" in your account. To receive FatWallet Cash Back in an amount of $10.00 or less, you must have an account at PayPal, and request payment electronically. To receive FatWallet Cash Back in an amount greater than $10.00, you may request to receive payment in redemption of your FatWallet Cash Back either electronically through PayPal, or by standard check. The FatWallet Cash Back will be distributed to the User within thirty (30) days of receipt of the User's request for payment. FatWallet.com is not responsible for lost mail or any other event beyond the control of FatWallet that would prevent a user from receiving their payment.
You are solely responsible for redeeming FatWallet Cash Back. There is no automatic or periodic redemption. If your check expires without being cashed or deposited or if it is returned to FatWallet, it will be returned to your account, where it will be subject to inactive account maintenance charges described below.
5. Account Adjustments; Inactive Accounts. FatWallet Cash Back awarded to you is subject to adjustments for returns and cancellations, FatWallet's receipt of information and payments on such purchases/orders from Participating Merchants, and other events. FatWallet reserves the right to make adjustments to User's accounts at any time in accordance with this Agreement. If you disagree with any adjustments made to your account, your sole remedy is to discontinue use of FatWallet.com.
FatWallet is not responsible for changes to, or discontinuance of, any Participating Merchant, or any Participating Merchant's withdrawal from the Program, or for any effect on accrual of FatWallet Cash Back caused by such changes, discontinuance or withdrawal.
Membership in the FatWallet program is free: there is no charge to be a member or to earn and receive Cash Back. If your account is inactive for more than twelve (12) consecutive months, FatWallet reserves the right to debit your FatWallet account balance two dollars ($2.00) per month to recover the cost of account maintenance until (i) you reactivate your account by starting a shopping session via FatWallet.com or FatWallet's Applications, completing a qualifying purchase, or updating your account information (providing a valid name, email and mailing address), or (ii) your account balance is zero. If the balance in your inactive account is or becomes zero, FatWallet will close the account permanently and cease to maintain your account records and program access. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to FatWallet.
6. Termination of Program. FatWallet reserves the right to terminate the Program in whole or in part at any time with notice. In the event the Program is terminated, you will have sixty (60) days to redeem your FatWallet Cash Back from the date notice is transmitted by FatWallet to the email address specified in your account. Notification will be sent to the email address provided to FatWallet during the registration process. FatWallet will not be responsible for failing to notify you of Program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform FatWallet of a change in your email address.
7. Member Responsibilities. You are responsible for maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your email address, password and all other information concerning your account confidential. FatWallet is entitled to act on instructions received under your username and password. Fatwallet is not responsible for any credits or debits made to your account by someone else who uses your username or password. FatWallet will not be responsible for any losses or liabilities incurred through the use of your password by a third party.
You are also responsible for reviewing your account balance on a regular basis, and for checking to ensure that all FatWallet Cash Back has been properly credited to your account. If a discrepancy occurs in your FatWallet Cash Back account, such as a rebate not being credited to the account, then you must contact FatWallet via our customer support link on the Site, within sixty (60) days of the purchase/order date from a Participating Merchant. If you fail to contact FatWallet within that sixty (60) day period , such purchase/order shall be deemed to be accurate and you hereby waive any right to dispute said purchase/order.
(a) Participation in the Program is personal to you. FatWallet Cash Back received under the Program may not be assigned or transferred to any third party, except as expressly permitted by FatWallet, in writing. The sale, transfer, lending, exchange, pooling or barter of any FatWallet Cash Back, other than by FatWallet, is expressly prohibited. Any FatWallet Cash Back assigned, sold, or otherwise transferred in violation hereof may be confiscated or canceled.
(c) You are responsible for any taxes that may be due on FatWallet Cash Back redeemed by you.
(d) FatWallet Cash Back has no cash value until such time as you request and receive a payment in accordance with Article III, Section 4, herein above, and you shall have no property rights or other legal interest in FatWallet Cash Back.
IV. EARNING BONUSES & OTHER REWARDS
FatWallet periodically offers monetary bonuses or other rewards for referring new Members or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. To qualify for a referral bonus, a Member must refer a new Member who establishes his or her own Active Account and makes his or her own minimum qualifying purchases totaling at least twenty-five dollars ($25.00) within the first three hundred sixty five (365) days of becoming a Member. Please note that referral bonuses are given for the purpose of attracting brand new Members to FatWallet. A Member may earn only one referral bonus per individual person referred.
V. GENERAL PROVISIONS
1. Use of Online Coupons. FatWallet provides online coupons as a free service to its Users. FatWallet is not responsible for the redemption, errors/omissions or expiration of online coupons and it is your responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of an Affiliate Merchant. All offers and promotions on this site are subject to change without notice. FatWallet has no control over the legality of any coupons or other offers made by Affiliate Merchants, the ability of any of the Affiliate Merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the Affiliate Merchants. FatWallet has no control over whether Affiliate Merchants will honor the offers shown on FatWallet.com, and does not guarantee the accuracy or completeness of the information contained on the website. In the event you have a dispute with an Affiliate Merchant in any way relating to the FatWallet.com website or the use of information from the website, you agree to waive and release FatWallet from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
2. DISCLAIMERS AND LIMITATIONS ON LIABILITY.
FatWallet.com IS BEING PROVIDED BY FatWallet "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FatWallet DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO FatWallet.com, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE THAT FatWallet WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST FatWallet AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. FatWallet DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS. FatWallet DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND FatWallet ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE FATWALLET CASH BACK BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT.IN NO EVENT SHALL FatWallet BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF FatWallet.com; ANY ACT OR OMISSION BY FatWallet IN ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF FatWallet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FatWallet BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY FatWallet IN EXCESS OF THE CASH BACK EARNED BY YOU DURING THE MOST RECENT SIX (6) MONTHS. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD Fatwallet, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF FatWallet.com, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.
3. Amendment to Agreement. THE "TERMS AND CONDITIONS" SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME TO TIME; FatWallet WILL POST THOSE CHANGES ON THIS PAGE. YOU CONSENT TO BE BOUND BY ALL THE SAID "TERMS AND CONDITIONS," INCLUDING ANY AND ALL UPDATES THERETO. FatWallet WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF THE MODIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE FatWallet.com SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR USER NAME, PASSWORD AND REGISTRATION.
4. Compliance with Laws and Regulations. You agree to comply with all applicable laws, rules and regulations. You may participate in FatWallet.com if and to the extent that such participation is permitted by such laws, rules and regulations. FatWallet may refuse to enroll, restrict, modify or terminate your username, password and registration without liability to you or any other third party if you violate any law, rule or regulation, of if your participation could violate any law, rule or regulation.
5. Proprietary Rights to Content. You acknowledge that FatWallet.com content, including but not limited to: text, sounds, photographs, graphics, or other material contained in any FatWallet.com communication, advertisements or messages, whether by FatWallet, FatWallet.com or FatWallet's advertiser's or Affiliated Merchants, service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use content, service, or software as expressly authorized by FatWallet, its advertisers and Affiliated Merchants, as the case may be. You acknowledge that all the intellectual property rights in the Site are owned by FatWallet or FatWallet’s licensors. The provision of the Site does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
6. Termination of Agreement.
(a) Any violation of the Terms and Conditions of this Agreement is grounds for termination of your user name, password and registration with FatWallet.com.
(b) FatWallet reserves the right to terminate your user name, password and registration, if your account is inactive for twenty-four (24) consecutive months. An account shall be deemed and considered to be inactive if there has not been any FatWallet Cash Back earning activity.
(c) You may terminate your user name, password and registration at any time by sending an email to our 24 Hour Customer Service.
(d) If your user name, password and registration with FatWallet.com is terminated for any reason, either by you or by FatWallet, you shall forfeit any and all earned FatWallet Cash Back in your account.
7. Notice. All FatWallet notices will be given by email, postal mail, or by general posting to the FatWallet.com website.
8. Waiver. FatWallet's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
9. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without reference to conflicts of law rules, and you consent to exclusive jurisdiction and venue in the courts located in Rock County, Wisconsin for all matters in connection with this Agreement or your use of FatWallet.com.
10. FatWallet reserves the right to terminate your user name, password and registration, if your account has been associated with any legally questionable activity.
11. Severability of Provisions. Any provision (or part thereof) of this Agreement which is found to be invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceable, without invalidating the remainder of the provision or the remaining provisions hereof. To the extent permitted by the applicable law, each of the parties hereto hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect.
[User Agreement last updated 3/1/2014]
For questions or concerns relating to privacy, we can be contacted at:
100 East Grand Avenue
Beloit, WI 53511
or through our Online Support System
or you can reach us by telephone at (888) 634-0098, or fax (888) 299-2752.
Collection of Personally Identifiable Information
In order to use certain portions of the Service, you may be asked for, or you may choose to provide, certain personally identifiable information (PII) such as name, email address, postal address, PayPal account and similar information. We will not collect PII from you while you use the Service unless you voluntarily provide it to us or authorize us to collection such information.
You authorize FatWallet to receive any account information from any affiliated merchant including, but not limited to, information regarding any purchase made by you through utilization of the Service, such as: the products ordered, the order number, the time and date of the purchase, the email address entered for the purchase.
Collection on Non-Personally Identifiable Information
FatWallet does collect and track certain non-personally identifiable (non-PII) information, including but not limited to, user IP numbers and browser type, access times, domain names, usage habits and other information which does not specifically identify any individual.
Use of Personally Identifiable Information
FatWallet may use or disclose PII to operate and manage the Service, to provide services that you have requested or respond to your other inquires or requests. We may also disclose PII in the establishment or exercise of legal rights or defense against legal claims, to comply with applicable laws or regulations, to comply with a valid legal process such as a search warrant, subpoena or court order or to investigate suspected fraud or a violation of the terms of the FatWallet User Agreement.
We will never sell your Personal Information to any third party not affiliated with FatWallet without your consent, except in connection with the sale or merger of FatWallet or the division responsible for such services.
You should be aware that PII which you voluntarily include and transmit online, such as in online forums, may be viewed and used by anyone with access to such forums. FatWallet is unable to control such uses of your PII.
Use of Non-Personally Identifiable Information
We may use and disclose non-PII for any number of reasons, including but not limited to, working with business partners and improving our Service.
The security of your PII is very important to us and we take commercially reasonable steps to attempt to secure your PII. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees and contractors who need access to your PII in order to perform their duties are authorized to have access. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and FatWallet or information stored or transmitted through the Service or on our servers, will be completely free from unauthorized access by third parties such as hackers, and your use of the Service demonstrates your assumption of this risk.
No Children under 13
We have no intention of collecting PII from children under the age of 13. When we become aware that PII from a child under 13 has been collected without such child's parent or guardian's consent, we will use all reasonable efforts to delete such information from our database.
We give you the option to remove your PII from our list of active users completely in connection with the termination of your FatWallet.com user account. All unsubscribe or opt-out requests should be sent to us at email@example.com and we will process your request within a reasonable time after receipt. We are not responsible for removing your PII from the lists of any third party who has previously been provided your information in accordance with this policy.
Use of this Service is subject to the FatWallet User Agreement located at www.fatwallet.com/user-agreement/.
Our Service is maintained from within the United States of America. If you are located outside of the United States, by using the Service, you authorize the export of PII to the United States and its storage and use as specified in this policy.
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