LEGAL DISCLAIMER, TERMS OF USE, CONDITIONS AND PRIVACY POLICY:
SpecialeAnalysis.com Speciale Analysis AnthonySpeciale.com Anthony Speciale Jr. ASJR Enterprises, LLC
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ACCEPTANCE OF TERMS
This Agreement contains the complete terms and conditions that apply to your participation in our site. By accessing our website and/or purchasing any of our products/services, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or purchase any of our products/services.
MODIFICATIONS OF TERMS OF USE
Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the it before you use our site, read our newsletters, purchase or subscribe to products.
CFTC RULE 4.41
CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
GOVERNMENT REGULATIONS REQUIRE DISCLOSURE OF THE FACT THAT WHILE THESE METHODS MAY HAVE WORKED IN THE PAST, PAST RESULTS ARE NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. WHILE THERE IS A POTENTIAL FOR PROFITS THERE IS ALSO A RISK OF LOSS. A LOSS INCURRED IN CONNECTION WITH TRADING FUTURES, STOCKS, FOREX, OPTIONS OR ANY KIND OF OTHER TRADING PRODUCTS CAN BE SIGNIFICANT. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION SINCE ALL SPECULATIVE TRADING IS INHERENTLY RISKY AND SHOULD ONLY BE UNDERTAKEN BY INDIVIDUALS WITH ADEQUATE RISK CAPITAL.
U.S. Government Required Disclaimer Stock, Futures, Forex & Options trading has large potential rewards, but also large potential risk and it is not appropriate for everyone. You must be aware of the risks and be willing to accept them in order to speculate in the Stocks, Futures, Forex, and Options markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell any securities. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. TRADE AT YOUR OWN RISK
CFTC RULE 4.41 Hypothetical or simulated performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
Cryptocurrency Trading Cryptocurrencies on margin carries a high level of risk, and may not be suitable for everyone. Past performance is not indicative of future results. The high degree of leverage can work against you as well as for you. Before getting involved in Cryptocurrency trading you should carefully consider your personal venture objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial deposit and therefore you should not place funds that you cannot afford to lose. You should be aware of all the risks associated with Cryptocurrency trading, and seek advice from an independent financial advisor if you have any doubts. The information contained on this web page does not constitute financial advice or a solicitation to buy or sell any Cryptocurrency contract or securities of any type. Dyno Trading will not accept liability for any loss or damage, including without limitation any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
Hypothetical Results Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs, in general, are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
THERE IS RISK OF LOSS IN ALL TRADING. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. ALL RESULTS ARE HYPOTHETICAL. NO IMPLICATION IS BEING MADE THAT ANYONE UTILIZING ANY OF THE SERVICES OF Speciale Analysis HAS OR CAN OBTAIN SUCH PROFITS AND RESULTS. THIS INFORMATION IS NOT A RECOMMENDATION TO BUY OR SELL AT THIS TIME, BUT MERELY A PRESENTATION OF TRADING STRATEGIES. THE INFORMATION CONTAINED HEREIN HAS BEEN OBTAINED FROM SOURCES BELIEVED RELIABLE, BUT IS NOT GUARANTEED AS TO THE ACCURACY OR COMPLETENESS. WE ARE SOFTWARE MARKETERS AND EDUCATORS ONLY. YOU AGREE AND UNDERSTAND THAT TRADING OF ANY KIND IS RISKY AND YOU SHOULD CHECK WITH YOUR FINANCIAL ADVISOR TO DETERMINE IF TRADING IS FOR YOU.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE SUBJECT MATTER OF THE AGREEMENT, LOSS OF DATA OR LOST PROFITS, REGARDLESS OF WHETHER OR NOT SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED.
Educational Purposes. All software materials and presentation materials are for educational purposes only. The information contained on this website, or on our electronic/telephone messages, or on our social media platforms, or in any product or service that Speciale Analysis provides does not constitute financial advice or a solicitation to buy or sell any securities of any type. Speciale Analysis will not accept liability for any loss or damage, including without limitation any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
You should fully understand the risks associated with trading futures, options, ETF’s and retail off-exchange foreign currency transactions (“Forex”) before making any trades. Trading futures, options, ETF’s and Forex involves substantial risk of loss and is not suitable for all investors. You should carefully consider whether trading is suitable for you in light of your circumstances, knowledge, and financial resources. You may lose all or more than your initial investment. Past performance is not necessarily indicative of future results. NO FINANCIAL, INVESTING OR TRADING ADVICE OFFERED.
USE OF OUR PRODUCTS/SERVICES - USAGE DISCLAIMER
ALL SOFTWARE IS PROVIDED TO YOU AS IS AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SPECIALEANALYSIS.COM OR ITS SUPPLIERS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OR CONDITIONS OF TITLE, QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SPECIALEANALYSIS.COM AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED. SPECIALEANALYSIS.COM AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OF THE ANY PRODUCTS PURCHASED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. ALL PRODUCTS/SERVICES AVAILABLE FOR SALE ON OUR WEBSITE ARE 100% INTENDED FOR EDUCATIONAL USE ONLY.
SPECIALEANALYSIS.COM AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE.
SPECIALEANALYSIS.COM does not summon OR recommend ANY kind of trading, trading decisions, investments and/or investment decisions.
Refund Policy
SPECIALEANALYSIS.COM provides NO refunds, NO exchanges, NO pro-rates, NO credits, NO exceptions whatsoever for any products/services that are sold under any and all circumstances. By purchasing and/or subscribing to any of our previews / products / services, you agree that you have read, understood, and accept our ENTIRE Refund Policy. If you are already a customer and in the event you are offered a free trial for any of our premium add-on products AND you purchase aforementioned add-on product, then you agree and certify that you have had the opportunity to evaluate product and you are satisfied with product and you understand no refunds are offered for any add-on products. Any violation of this Agreement regarding add-on products may result in your ENTIRE account (all your License Keys) being suspended until the violation is resolved. A License Key reset fee of $295.00 will be applicable.
Stalled Payments
For customers who enroll in any of our Installment plans, you agree and understand that your credit card will be auto-billed by our Merchant Payment Processor on your Calendar Cycle Date. You agree and understand that you are required to keep your credit card up to date and that it is your responsibility to ensure that your payment is processed successfully. You also agree and understand that in the event your payment fails to process, then your access to our products/services may be suspended until you resolve the payment issues on your end. A License Key reset fee of $295.00 may be applicable.
In the case of a customers or website visitors who may infringe or repeatedly, infringes our copyrights or other intellectual property rights or the rights of others, we may, at our own discretion, terminate or deny access to and use of the Website and/or products. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid.
REGISTRATION INFORMATION
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the signup process. You must certify that you are 21 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of SPECIALEANALYSIS.COM Privacy Policy.
NON-COMMERCIAL USE BY MEMBERS
Members on this social networking website are prohibited to use the services of the website in connection with any commercial endeavors or ventures. This includes providing links to other websites, whether deemed competitive to this website or not. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of SPECIALEANALYSIS.COM and should not use the site for any purpose.
LINKS & FRAMINGS
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
SPECIALEANALYSIS.COM and its aliases makes no express or implied warranties or representations with respect to any products/services sold to you (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation or fulfillment of our products/services will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued our products/services or any part of it at any time. The information, content and products/services we provide are provided on an “as is” basis. When you use our products/services and or participate therein, you understand and agree that you participate at your own risk.
Testimonial Disclaimer
Testimonials within this site were received via email or placed in the comments section of our various social media channels. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way or other. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services.
INTELLECTUAL PROPERTY RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
CONFIDENTIALITY
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of SPECIALEANALYSIS.COM. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
WAIVER
Failure of the SPECIALEANALYSIS.COM to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
SEVERABILITY OF TERMS
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
ENTIRE AGREEMENT
This Agreement shall be governed by and construed in accordance with the substantive laws of New Jersey, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
CHOICE OF LAW; JURISDICTION; FORUM
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New Jersey, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
PRIVACY POLICY
SCOPE This Privacy Policy applies only within this website and other pages where this policy appears. This would describe and explain how we take care and handle your personal information you shared to us. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. COLLECTION & HOW USE If you attempt to use the services and applications of our website and/ or choose to provide information to us, this website shall collect Personal Information from you. This information includes, but is not limited to: name, address, telephone number, mobile number and/or email address. By providing this information to us, you are Opting In to receive marketing and promotional materials from us on a frequent basis. If you would like to Opt Out of receiving such materials, please send an email to: info@specialeanalysis.com HOW WE USE AND WITH WHOM WE SHARE THE PERSONAL INFORMATION WE GATHER We assure you that the personal information we gather from you is used by us only as explained below. SENDING YOU RESPONSES AND UPDATES, SPECIAL OFFERS AND PARTNER OFFERS. We generally respond to any e-mail questions, requests for product or service information, and other inquiries that we receive. We may also retain this correspondence to improve our products, services, and Website, and for other disclosed purposes. Frequently we retain contact information so that we can send individuals updates or other important information about our services and products. Occasionally these updates or other important information may be sent out by third parties on our behalf. Please be assured that any third party who contacts you in this capacity has executed a confidentiality agreement with us that contains a provision ensuring the privacy and security of any transferred information and limits the third party’s use of the shared information to sending updates or providing services on our behalf. Our subsidiary companies may also send you information about their services and products. In situations where you have supplied your information in connection with a question or request for information about a product or service offered by a SPECIALEANALYSIS.COM business partner, we may also send the information you have supplied to the SPECIALEANALYSIS.COM business partners that offer such products or services. Please be assured that these SPECIALEANALYSIS.COM business partners have agreed to ensure the privacy and security of any transferred information and may only use the shared information to send you information about products or services about which you asked or registered for. FACILITATING THE SUPPORT, RENEWAL, AND PURCHASE OF OUR PRODUCTS AND SERVICES We may use the information you submit to contact you to discuss the support, renewal, and purchase of our products and services. We may provide our subsidiary companies with your information so that they may send you information about their services and products. We may also provide the information you have submitted to us to a SPECIALEANALYSIS.COM subsidiary, business partner, or independent reseller (either within or outside the United States) so that the subsidiary, business partner, or independent reseller can contact you and facilitate the support, renewal, and purchase of SPECIALEANALYSIS.COM products and services. You may receive a communication directly from one of our subsidiaries, business partners, or independent resellers. Please be assured that any subsidiary, business partner, or independent reseller who contacts you for one of these purposes has agreed to use the information we supply only in accordance with a confidentiality agreement. To find out the names and locations of the subsidiaries, business partners, and/or independent resellers to whom we have provided your information, please contact us at the address given at the end of this Privacy Statement. YOUR ABILITY TO OPT-OUT OF FURTHER NOTIFICATIONS From time-to-time, we notify our subscribers of new products, announcements, upgrades and updates. If you would like to opt-out of being notified please use the unsubscribe option in our ICANN compliant emails, or please contact us at the address given at the end of this Privacy Statement. If you receive a marketing communication from our subsidiaries, business partners or independent resellers, you should opt-out with that entity directly. SURVEYS From time-to-time we may request information from customers via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Survey information will be used for purposes of monitoring or improving the use of and satisfaction with this Web site, and improving our customer service and product offerings. BUSINESS TRANSITIONS Circumstances may arise where, whether for strategic or other business reasons, SPECIALEANALYSIS.COM decides to sell, buy, merge or otherwise reorganize businesses or business units in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is SPECIALEANALYSIS.COM practice to seek appropriate protection for information in these types of transactions. DISCLOSURE We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes. COOKIES The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. SECURITY All collected information is stored in a technically and physically secure environment. While we use SSL encryption to protect Sensitive Information online, we also do everything in our power to protect PII (including Sensitive Information) off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect our end-users’ personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. ACCESSING AND UPDATING PERSONAL INFORMATION When you use our products/services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users’ personal information. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our policies and take other actions otherwise permitted by law. THIRD PARTIES We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement. MINORS This Website is not intended for visitors that are minors or under eighteen (18) years of age. SPECIALEANALYSIS.COM does not knowingly solicit or collect information from individuals under the age of eighteen (18). If we determine that we have inadvertently collected personal information from someone under eighteen (18) years of age, we will take reasonable steps to purge this information from our database. We encourage parents and guardians to spend time online with their children and to participate and monitor the Internet activities of their children. CHANGES AND AMENDMENTS & NOTIFICATION OF CHANGES SPECIALEANALYSIS.com reserves the right to change or update this Privacy Policy at any time by posting a clear and conspicuous notice on the Website explaining that we are changing our Privacy Policy. All Privacy Policy changes will take effect immediately upon their posting on the Website. Please check the Website periodically for any changes. Your continued use of the Website and/or acceptance of our e-mail communications following the posting of changes to this Privacy Policy will constitute your acceptance of any and all changes. Terms and Conditions Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at Contacting Us If there are any questions regarding this privacy policy you may contact us using the information below: info@specialeanalysis.com
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