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Terms & Conditions

Terms & Conditions

Last Updated 24 April  2022

1. Agreement to Terms and Conditions

1.1  These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and The Fibro Guy Ltd, or any other business which trade as “The Fibro Guy (Location) Ltd located at: Jocelyne, Launcherly, Wells, BA5 1QJ(weus), concerning your access to and use of the www.thefibroguy.com (www.thefibroguy.com) website as well as any related applications (the Site).

 

The Site provides and The Fibro Guy Ltd, or any other business which trade as “The Fibro Guy (Location) Ltd provides the following services: To facilitate rehabilitation services for chronic pain and Hypermobility(Services). You agree that by accessing the Site and/Programmes or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

 

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.  

1.2  The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

 

1.3  We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

 

1.4  We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.

 

1.5  Our site is directed to people residing in United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

 

1.6  The Site is intended for users who are at least 18 years old.  If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

 

1.7  Additional policies that also apply to your use of the Site, Services, and Programmes include:  
  • Our Privacy Notice https://www.thefibroguy.com/privacy-policy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy https://www.thefibroguy.com/privacy-policy/, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.
  • If you purchase digital goods, services, software, and/or content from the Site, our terms and conditions of supply https://www.thefibroguy.com/privacy-policy/ will apply to the sales, use, and licence.

2.    Acceptable Use

2.1  Our full Acceptable Use Policy https://www.thefibroguy.com/privacy-policy-2/, sets out all the permitted uses and prohibited uses of this site.

 

2.2  You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

 

2.3  As a user of this Site, you agree not to:  
  • Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us 
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
  • Use a buying agent or purchasing agent to make purchases on the Site
  • Use the Site to advertise or sell goods and services
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
  • Engage in unauthorized framing of or linking to the Site
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
  • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
  • Use any information obtained from the Site in order to harass, abuse, or harm another person
  • Sell or otherwise transfer your profile
  • Attempt to impersonate another user or person, or use the username of another user
  • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
  • Make improper use of our support services, or submit false reports of abuse or misconduct
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
  • Attempt to access any portions of the Site that you are restricted from accessing
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
  • Delete the copyright or other proprietary rights notice from any of the content
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
  • Use the Site in a manner inconsistent with any applicable laws or regulations
  • Misrepresent experience, skills, or information about a User
  • Advertise products or services not intended by us
  • Threaten users with negative feedback or offering services solely to give positive feedback to users
  • Falsely imply a relationship with us or another company with whom you do not have a relationship

3.   Information you provide to us

3.1  You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.  
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at Info@thefibroguy.com.
3.2  If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

4. Content you provide to us

4.1  There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.     
4.2  You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty. 
4.3  We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.  
4.4  We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values 
4.5  If you wish to complain about User Content uploaded by other users please contact us at adam.foster@thefibroguy.com.

5.   Our content

5.1  Unless otherwise indicated, the Site and Services, Programmes, and intellectual property, including source code, databases, functionality, software, website designs, trade secrets and techniques, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.   
5.2  Except as expressly provided in these Terms and Conditions, no part of the Site, Services, Programmes or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 
5.3  Provided that you are eligible to use the Site, Services, and Programmes you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.   
5.4  You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded. 
5.5  We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry-standard virus detection software to try to block the uploading of content to the Site that contains viruses.  
5.6  The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.  
5.7  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date. 

6.  Site Management

6.1  We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.  
6.2  We do not guarantee that the Site will be secure or free from bugs or viruses. 
6.3  You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

7. Modifications to and availability of the Site  

7.1  We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    
7.2  We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases. 
7.3  There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.  

8. Disclaimer/Limitation of Liability

8.1  The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/ Programmes or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.  We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. 
8.2  Our responsibility for loss or damage suffered by you: 
Whether you are a consumer or a business user:
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply https://www.thefibroguy.com/privacy-policy-2/.
If you are a business user
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 
  • use of, or inability to use, our Site/Services; or 
  • use of or reliance on any content displayed on our Site.
In particular, we will not be liable for: 
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.
If you are a consumer user:
  • Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. 
  • You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

The information provided by The Fibro Guy Ltd and any other business which trade as “The Fibro Guy (Location) Ltd  (‘We,” “US”, or “our”) on http://www.thefibroguy.com (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

 


9.  Term and Termination  

9.1  These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at adam.foster@thefibroguy.com.  
9.2  Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.  
9.3  If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.   

10.    General      

10.1  Visiting the Site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  
 
You hereby agree to the use of electronic signatures, contracts, orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  
 
10.2  These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.   
 
10.3  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.   
 
10.4  We may assign any or all of our rights and obligations to others at any time.   
 
10.5  We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.   
 
10.6  If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  
 
10.7  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services. 
 
10.8  For consumers only  – Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr  
 
10.9  For business users only – If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.   
 
10.10  The following are trade marks of The Fibro Guy Ltd. You are not permitted to use them without our approval unless they are part of material our Site explicitly states you are permitted to use.    
  • The Fibro Guy, trade marked in uk    
10.11  A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. 

11.    Testimonial and Programme Disclaimer    

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences.

By using our Site, Services, and Programmes, you acknowledge that whilst The Fibro Guy Ltd, or any other business that trades as “The Fibro Guy (Location) Ltd has considerable skills and expertise within the scope of chronic pain and hypermobility rehabilitation, we cannot guarantee any one particular outcome from the use of our services. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.


Privacy Policy

Your privacy is critically important to us.

The Fibro Guy Ltd, or any other business which trade as “The Fibro Guy (Location) Ltd is located at:
Jocelyne
Launcherly
Wells
Somerset
BA51QJ

It is The Fibro Guy’s policy to respect your privacy regarding any information we may collect while operating our website or working with our clients, either in an in-person or online capacity. This Privacy Policy applies to www.thefibroguy.com (hereinafter, “us”, “we”, ”our”, “The Fibro Guy”, “TFG” or “www.thefibroguy.com”). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website or working within in-person or online. We have adopted this privacy policy (“Privacy Policy”) to explain what information may be collected on our Website and during the use of our Services/Programmes, how we use this information, and under what circumstances we may disclose the information to third parties.

This Privacy Policy applies to information we collect through the Website, as well as whilst working with clients in a 1:1 capacity, using our Services/programmes.

This Privacy Policy, together with the Terms and conditions posted on our Website, set forth the general rules and policies governing your use of our Website, Services and Programmes. Depending on your activities when visiting our Website and using our Services/Programmes, you may be required to agree to additional terms and conditions.

 

Website Visitors

Like most website operators, The Fibro Guy collects non-personally identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. The Fibro Guy’s purpose in collecting non-personally identifying information is to better understand how The Fibro Guy’s visitors use its website. From time to time, The Fibro Guy may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

The Fibro Guy also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on http://www.thefibroguy.com blog posts. The Fibro Guy only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

 

Gathering of Personally-Identifying Information

Certain visitors to The Fibro Guy’s websites choose to interact with The Fibro Guy in ways that require The Fibro Guy to gather potentially, personally-identifying information. The amount and type of information that The Fibro Guy gathers depend on the nature of the interaction. For example, we ask visitors who sign up for a blog at http://www.thefibroguy.com to provide a username and email address.

For clients working with us online and in-person, we may need to store information about you in the form of session notes, that help to provide our services and Programmes to you. However, this is only as long as it is necessary to do so. We aim to ensure that all data that is collected, is anonymised where possible, or deleted if it is deemed not necessary to store. We will also never sell your data nor use your data in profiling (a type of automated processing where your personal data is used to analyse or predict things such as your performance at work, economic situation, health, personal preferences and interests). Likewise, we will only disclose your data if we are required to by law or;

(a)is necessary for the purpose of, or in connection with, legal proceedings (including prospective legal proceedings),

(b)is necessary for the purpose of obtaining legal advice, or

(c)is otherwise necessary for the purposes of establishing, exercising or defending legal rights,

Any data that we collect from you is on the lawful basis of either “consent” or “Legitimate Interest”.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

 

Advertisements

Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by The Fibro Guy and does not cover the use of cookies by any advertisers.

 

Links To External Sites

Our Service may contain links to external sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.

 

Aggregated Statistics

The Fibro Guy may collect statistics about the behaviour of visitors to its website. The Fibro Guy may display this information publicly or provide it to others. However, The Fibro Guy does not disclose your personally-identifying information.

 

Cookies

To enrich and perfect your online experience, The Fibro Guy uses “Cookies”, similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. The Fibro Guy uses cookies to help The Fibro Guy identify and track visitors, their usage of http://www.thefibroguy.com, and their website access preferences. The Fibro Guy visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using The Fibro Guy’s websites, with the drawback that certain features of The Fibro Guy’s websites may not function properly without the aid of cookies.
By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to The Fibro Guy’s use of cookies.

 

Privacy Policy Changes

Although most changes are likely to be minor, The Fibro Guy may change its Privacy Policy from time to time, and at The Fibro Guy’s sole discretion. The Fibro Guy encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

 

Contact Us

Under GDPR, you have the right to request from us, any personal information that we may hold. For any information on your personal data or to submit a subject access request (SAR) please email Info@thefibroguy.com. Please note, that we may need you to provide a photographic ID to help us ensure we protect your Data.

For more information on your rights surrounding data protection, please visit: https://ico.org.uk/your-data-matters/your-right-to-be-informed-if-your-personal-data-is-being-used/

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