The terms and conditions set forth herein constitute the full and complete agreement between you as a member of or a visitor to InternetLitigators and InternetLitigators. Your agreement to be bound by these terms is acknowledged by your acceptance of this agreement by checking the box indicating such acceptance in conjunction with your submission of the "member registration", "contact us" or other submission forms available on the InternetLitigators website (the "Site"). The terms contained herein supersede and replace any other agreement or negotiation between you and InternetLitigators whether oral, written or otherwise including any statements made by any representative of InternetLitigators at any time. InternetLitigators is not a referral service and is affiliated directly with the law offices of Cohen Business Law Group, A Professional Law Corporation ("CBLG"). InternetLitigators provides no legal services under this agreement or at any other time or in any other manner. All legal services provided through InternetLitigators are provided directly to the member or user by CBLG.

There are two main sections to this document, the first section "A" which applies to everyone using our website wheather they are members ("Members") or non-members ("Guests"). The second section "B" contains our Member terms and applies only to our Members. These terms require the acceptance of an arbitration provision to resolve any dispute in place of a jury, or any class action claim.

Section "A" - Website Use

Welcome! Come on in, look around, explore and check us out. We are confident that once you spend some time with us that you will find that we are your very best alternative for obtaining experienced, quality and strategilegal services realted to internet issues. This section of our Terms of Service is buid just for you as a Guest to our website. It outlines the nature of our relationship from now until the time you decide to become a Member and afterwards. Please review the terms carefully .

1. Binding Efffect. By using the Site you agree to be bound by these terms and to follow all applicalble laws, rules and regulations of your jurisdiction. If you do not agree to these terms please do not use this Site or any of our services, forms or tools. These terms may be revised at any time with or without notice to you, therefore, you should check back here often.   

2. Ellegibility. This site is made available to any person 18 years of age or older. In some cases we allow use by younger individuals with writen parental conset. If you are under age 18 and wish to use our Site please contact us for assistance.

3. Service. InternetLitigators is the website for the Internet Law practice group of CBLG. Through this site, InternetLitigators provides information about Internet legal issues facing businesses of all types. Through the Site, InternetLitigators allows Guests to register for Membership and allows Members to purchase products or services, engage us on projects, schedule meetings or calls, purchase discounted flat rate projects and register for certain free and other Member services. In some cases, certiain products or services may be available to Guests as well. Registration may or may not be required depending upon the offering. You are permitted to access the Site for this purpose only and for no other purpose.

4. Membership / Registration. Guests may use the Site but are not ellegible for Member pricing, discounts, or many products or services. All registrations, Member, Guest and otherwise, are pursuant to these Terms and the InternetLitigators Privacy Policy. For more information about Membership visit the Membership Page and see the Member Terms set forth below.

5. Attorney Client Relationship. For any business, a strong relationship with knowlegable counsel can be the difference between success and failure. Retaining counsel that you trust who knows and understands your business is of paramount importance. While attorneys at InternetLitigators or CBLG may in some cases form attorney client relationships with Members or even non-members, thre is no such privilege created by use of the site or registration as a non-Member. Such a relationship is accomplished only either (a) manually with a written retainer agreement signed by CBLG and by you or (b) electronically per the terms set forth below where a Member submits and CBLG accepts a legal assignment or agrees to engage in discussions thereabout with an accepted Member.  Your use of the Site or the submission of a Membership Registration request or any other service on the Site does not establish an attorney client relationship with InternetLitigators, CBLG or any of CBLG's lawyers and you are encouraged NOT to sibmit confidential or sensitive information until such a relaionship has been formed and you have spoken with one of our lawyers abou tthe submission of any such information. 

6. Ownership of Materials. The Site and all materials contained therein are the property of InterentLitigators. All right, title and interest in and to the materials provided on this Site including but not limited to information, documents, logos, graphics and images (the "Materials") are owned by InternetLitigators. Use of the Materials is prohibited except by the advance written consent of InternetLitigators. The Materials may not be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or or otherwise distributed in any way. Nothing on this Site shall be construed to confer any right or license to any Guest or Member. Contact us if you have any questions about obtaining consent to use any Materials on this Site. All rights not expressly granted herein are fully reserved.

7. Use of Links. From time to time we will provide Guests or Members with links to third party websites containing information or documents relevant to the subject mater of the Site. ("Links") The Links may be to the websites of third parties with whom we have some affiliation or they may be to third parties with whom we have no affiliation. The Links may also be to government or administrative agencies. Regardless of where the Links may lead, InteretLitigators takes no responsibility for and does not endorse such third parties or make any representation as to the availability, contents, products, services available or not available through any such third parties. Such Links are provided as a convenience only. You acknowledge that you bear all risks associated with access to and use of content provided on any such third party sites and agree that InternetLitigators is not responsible for any loss or damage which you may incur from visiting such third party sites or from purchasing or using any document, product or service provided by such third party.

8. Warrantees and Limitations.

8.1 InternetLitigators makes every reasonable effort to maintain operation of the InternetLitigators service and Site.  However, because many events and circumstances are beyond the control of InternetLitigators, InternetLitigators does not in any way warrant or otherwise guarantee the availability of the InternetLitigators Site or Services and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of InternetLitigators. 

8.2 THE INTERNETLITIGATORS SITE AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 

8.3 You expressly hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken or not taken as the result of your use of this Stite.

8.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF MEMBERSHIP FEES PAID BY YOU TO INTERNETLITIGATORS IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL INTERNETLITIGATORS OR CBLG BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES. 

 

Section "B" - Member Terms

In addition to the forgoing, this section apples to users that apply for and are accepted by InternetLitigators as InternetLitigators Members. This section identified all fees charged for legal services, products and services. The InternetLitigators service is intended to be completely transparent as to fees and costs associated with any project or legal service provided. Specific fees for particular projects and services will be identified on the Site at the time of purchase. Other projects and services including but not limited to litigation matters are more open ended and will be billed monthly while we hold a trust deposit against monthly billings which include Hourly Fees, Costs and Expenses.

9. Eligibility. Membership is open to individuals over age 18 and businesses with any legal issue pertaining to the Internet. Generally, InternetLitigators members are entitled to seek advice and obtain services on a myriad of legal issues. This includes virtually any legal issue that could affect your business. This may include drafting letters, agreements, policies, mergers, acquisitions, corporate compliance, subpoena response, DMCA Complaints, trademark registration, copyright registration, business litigation, trademark litigation, Insurance Issues, business disputes, customer disputes, employment disputes, compensation, and general business strategy among other things. All services provided are limited to those issues that relate to the business registered at the time of the commencement of your Membership.  InternetLitigators accounts are non-transferrable and may not be shared by more than one business. InternetLitigators reserves the right to refuse service to anyone and all Memberships and assignments are conditioned upon passing all conflict and other checks as to existing clients and assignments at the sole discretion of InternetLitigators. 

10. Fees, Deposits and Billing.

10.1 Membership Fee. The InternetLitigators membership fee is in the amount stated on the InternetLitigators Member Registration page at the time of any registration or renewal ("Membership Fee"). Membership includes (a) a discount on all elegible legal products and legal services offered by InternetLitigators or CBLG via InternetLitigators (b) opportunities to purchase occasional flat rate projects, (c) opportunities to purchase other products, services and specials offered on the Member Registration or other Member pages of the Site. ("Membership"). There are no refunds of Member Fees. The Membership fee is subject to change at the sole discretion of IL without prior notice to you. Any change to the Membership fee will be posted on the Member registration page of the Site. The Membership fee is separate from any Trust Deposit, Setup Fee, Hourly Fee or billing.

10.2 Setup Fee. New annual and monthly memberships are subject to a setup fee ("Setup Fee") in the amount set forth on the InternetLitigators Member Registration page. From time to time the Setup Fee may be waived. Any offer to waive the Setup Fee shall not obligate InternetLitigators to continue to waive the Setup Fee for any particular Member, New Member, Member category or Member Plan. There are no refunds of Setup Fess. In some cases, the waiver of a Setup Fee may be subject to conditions stated at the time of the offer. The Setup Fee is separate from any Trust Deposit, Setup Fee, Hourly Fee or billing.

10.3 Trust Deposit. Trust deposits are not InternetLitigators Fees and are held for the benefit of Members in an attorney trust account (IOLTA) regulated by the State Bar of California. From time to time, for certain projects, at the option of InternetLitigators, Members may be required to make a Trust Deposit toward Hourly Fees, Costs and Expenses in an amount determined by InternetLitigators based upon the nature and amount of work required. In the event of any request for a Trust Deposit, Member shall make the requested deposit within ten (10) days. In the event that Member fails to make any requested Trust Deposit, within the time requested, InternetLitigators may cease all work on any ongoing project or withdraw from any ongoing litigation matter. Members will be billed monthly against all Fees, Costs and Expenses. In the event that any portion of any Retainer Deposit is applied to any outstanding bill, Member shall make a deposit in the amount applied immediately upon request. BILLS ARE TO BE PAID MONTHLY AND ARE NOT CHARGED AGAINST THE TRUST DEPOSIT. ANY UNAPPLIED TRUST DEPOSIT WILL BE RETURNED TO THE MEMBER AT THE CONSLUSION OF THE PROJECT. 

10.4 Costs and Expenses. You hereby authorize InternetLitigators and CBLG incur on your behalf whatever costs and expenses are reasonably required in connection with the provision of legal services on any project or assignment. Without limitation such costs and expenses may include electronic research fees, photocopying at .15 cents per page, long distance telephone calls, facsimile transmission, messenger charges; travel expenses, court reporter fees, expert fees, consultant fees, mileage, parking, investigators, court filing fees; process server fees, etc., et. al. InternetLitigators may at our sole option either advance such costs and apply them to your monthly bill, deduct them from your Trust Deposit or require that you pay them directly. 

10.5 Hourly Fees; Billing. The Membership Fee and Setup Fee does not cover billing for legal work performed by InternetLitigators or CBLG. All fees for legal work ("Hourly Fees"), Costs and Expenses will be reflected in monthly billings. Members in good standing are entitled to a discount on all Hourly Fees. Member Discounts do not apply to Costs or Expenses. Billing will be monthly, due and payable upon issuance. Interest at the legal rate will accrue on any unpaid billing. In the event of any question regarding any Fee, Cost or Expense please contact us upon your receipt. All billings will be considered accepted and any objection waived ten (10) days after issuance if no objection is received within that time. 

10.6 Credit Card Authorization. By providing your credit card processing information in connection with any bill payment you consent to allow InternetLitigators to process (a) the transaction for which you have provided such information immediately upon submission and (b) all subsequent monthly billings at any time at least three (3) business days after issuance of each such billing. You agree to pay all such charges according to the terms of your credit card issuer agreement. You agree to maintain current valid existing credit card information with InternetLitigators for the purpose of satisfying all InternetLitigators fees, charges and bills as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for immediate Membership termination at the sole option of InternetLitigators under Paragraph 13 herein. Failure to maintain such information shall be considered a material breach under this Agreement. An administrative fee of $75.00 may be charged for the refusal, rejection or return of any check or credit card charge for any reason whatsoever or any portion thereof.

10.7 Delinquent Bills; Delinquent Trust Deposits. All bills are due and payable upon issuance without regard to any available Trust Deposit. In the event that any bill or Trust Deposit request goes unpaid, in full or in part, for ten (10) days from issuance InternetLitigators may apply all or any portion of the Trust Deposit necessary to cover any outstanding bill. At the option of InternetLitigators, InternetLitigators and/or CBLG may cease the provision of any services and withdraw as counsel of record. Furthermore, as to any such unpaid bill, at the option of InternetLitigators, such unpaid bill may be adjusted to standard rates without any Member discount. Furthermore any such unpaid balance, shall accrue interest at the legal rate until paid. In the event of any withdrawal, you hereby grant a lien in favor of InternetLitigators in the amount of any unpaid billing plus any accrued interest charges.

10.8 Other Fees. InternetLitigators reserves the right to waive, alter, change, amend or delete fees at its sole option. InternetLitigators further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate. There are no refunds offered for any fees. The exercise of any option to forgo, reduce or waive any fee shall not operate as any obligation to continue to do so.

11. No Tax Advice. InternetLitigators does not give tax, financial or investment advice. You understand and agree that you will not rely upon the advice of InternetLitigators for purposes related to any of the forgoing issues. 

12. Results Not Guaranteed. InternetLitigators and all assigned counsel will use their best efforts to bring about the expeditious completion of all assignments under this agreement, however, there are many unpredictable variables that could affect the timing and costs associated with the completion of any particular assignment and for that reason neither InternetLitigators nor any assigned counsel makes any representation regarding the applicable time frames, total number of hours necessary or expenses that may be incurred. InternetLitigators and assigned counsel's comments about the likely outcome of any work performed under this agreement or any phase thereof are expressions of opinion only and do not constitute guarantees or warranties. 

13. Termination / Discharge. You may discharge InternetLitigators CBLG at any time. InternetLitigators and/or CBLG may withdraw from further representation of you either with or without your consent for good cause. Good cause includes but is not limited to the following: Your breach of this agreement; 

13.1 Your material breach of this Agreement;

13.2 Your failure to (a) make timely payment as required herein; (b) make any timely Trust Deposit payment; (c) make any timely Cost or Expense deposits or (d) otherwise make any payment due hereunder; or

13.3 Your refusal to cooperate with InternetLitigators or CBLG; or 

13.4 The development of an irreconcilable conflict between InternetLitigators or CBLG and You as to the conduct of the any matter; or

13.5 Any fact or circumstance that would cause the provision of any services or continuing to provide any services by InternetLitigators or CBLG to violate any law, ordinance, regulation, code or any applicable rules of professional conduct or ethics. Upon discharge or withdrawal of InternetLitigators or any assigned counsel, all unpaid fees and costs shall immediately become due and payable to InternetLitigators. 

14. Arbitration. In the event of a dispute between you and InternetLitigators or CBLG regarding fees, costs, or any other matter related to or arising out of any services provided under, or arising out of this Agreement or any performance by InternetLitigators or CBLG of any services under this agreement, the dispute shall be determined, settled, and resolved by private, confidential arbitration in Los Angeles, California. Notwithstanding the foregoing, InternetLitigators or CBLG may apply to a court of competent jurisdiction for any provisional remedy that may be appropriate (e.g., writ of attachment, temporary restraining order, preliminary injunction, writ of possession, etc.). Without limiting the generality of the foregoing, and except for applications to court for a provisional remedy, You expressly agree that any and all question as to whether or not any issue constitutes a dispute or other matter arbitrable under this section shall itself be settled by arbitration in accordance with this section. Any arbitration award shall be final, binding and conclusive upon the parties, and any judgment rendered therein may be entered in any court having jurisdiction thereof.

14.1 Demand for Arbitration. Arbitration may be demanded under this agreement by the sending of written notice to the other party. If arbitration is demanded, within twenty (20) days of the demand the party demanding arbitration shall present a list of five (5) qualified individuals who would be willing to serve as an acceptable arbitrator. To serve as arbitrator, the individual must be a retired judge having served on any federal court in California or the California Superior Court or higher court in the State of California. Within twenty (20) days of receiving such list such party may at its sole discretion (i) select any individual from that list and that individual shall serve as the arbitrator, or (ii) propose their own list of five (5) individuals for arbitrator. If such party chooses to present a separate list, then the party demanding arbitration may within twenty (20) days select any individual from that list and that person shall serve as the arbitrator. If no arbitrator can be agreed upon at the end of this process, the parties shall each select one individual from its own list and those two individuals shall select a neutral third party to serve as the sole arbitrator. The costs of the arbitration may be awarded by the arbitrator to the prevailing party according to the discretion of the arbitrator or arbitrators. 

14.2 Scope; Waiver of Jury. By accepting these terms, you agree to binding arbitration of all disputes, whether as to fees and/or costs, quality of services rendered, the arbitrability of the dispute, or otherwise; the parties are giving up rights to a jury or court trial except as aforesaid; and, specifically, you are waiving your right to proceed under the arbitration provisions of the State Bar Act, California Business & Professions Code §§6200, et seq. and the applicable provisions of any other State. If you so desire, InternetLitigators encourages you to have this agreement reviewed before execution by independent counsel acting on your behalf. 

15. Confidentiality. It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of InternetLitigators including but not limited to the InternetLitigators customer service and maintenance tools. You acknowledge that all right and title to any such InternetLitigators intellectual property shall remain the sole property of InternetLitigators and that you have no right, title or interest therein. You further agree not to provide access to the InternetLitigators services to any third party. You agree yourself and further not to assist any third party in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the InternetLitigators Site or Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the InternetLitigators shall also remain the sole property or InternetLitigators.

16. Term. The term of your Membership shall be either (a) monthly or (b) annually as requested by you at the time of your initial registration or any renewal thereof whether automatic or manually processed. All InternetLitigators memberships are set to automatically renew unless cancelled at least 30 days prior to the renewal date. This agreement shall be subject to renewal throughout the existence of any pending matter. Should you choose to allow your membership to expire during the courts of an ongoing assignment or litigation matter the Hourly Rate will revert to the Non-Member rate and all other provisions of this section shall remain in effect.

17. Cessation of Program. InternetLitigators and CBLG reserves the right to cease the membership plan or any service or feature thereof at any time without advance notice to you. This may include, the further acceptance of new members, the renewal of any particular membership, the sale of flat rate packages, or the complete cessation of the InternetLitigators membership program. In the latter event your Member account may be terminated at the option of InternetLitigators.

18. Information Use. After the creation of your Membership, communications between you and any InternetLitigators or CBLG attorney regarding a specific legal assignment may be protected by any applicable attorney client privelege. However, prior to the commencement of any Membership or communications concerning any particular legal matter, information exchanged between you and InternetLitigators may not be so protected. Please do not submit any confidential or sensitive information to us unless and until you have been assigned an attorney to work with. Until that time, You hereby consent and agree that as to any information which InternetLitigators may collect from you and/or maintain with respect to you, including but not limited to your InternetLitigators account information, dates of service, billing address, billing records, usage statistics, site statistics, correspondence to or from InternetLitigators from you or concerning you or your account, or other information which is incidental to your account but not any particular legal matter is not subject to any privilege and, subject to the sole judgment of InternetLitigators may be disclosed to public or private third parties as applicable law may require or permit. The decision as to whether or not to disclose such information shall be within the sole discretion of InternetLitigators and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the InternetLitigators Terms of Service, Privacy or other policies. Nothing contained herein shall affect any rights or obligations arising out of the attorney work product, attorney client or any other legal privilege that may apply to the disclosure of any information.

19. During and after the term of any Membership you agree to receive periodic emails from InternetLitigators in regards to InternetLitigators or partner products, services, your account, and system conditions, changes, updates or and schedules.

20. You agree that at all times during the term of your Membership that you will maintain true and accurate billing and contact information on file with InternetLitigators specifically including your Name, Address, Email address, telephone number, credit card or other billing information and any other account information requested at any time during your registration process or thereafter. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your Membership to cancellation and the immediate withdrawal from further representation on any legal matter or litigation in wich we may be engaged.

21. Notice

21.1 Any notice under this agreement shall be given by InternetLitigators to You via email at the address provided by you to InternetLitigators at the commencement of Your Membership  or as InternetLitigators is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by contacting customer service via the Contact Us page on the Site.

21.2 Any notice by you to IL shall be made by telephone to a customer service representative at 1-310-469-9800 during InternetLitigators regular business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time and is effective only upon receipt by InternetLitigators of any such notice. Such notice may also be sent via United States Mail to the following Address:

InternetLitigators
a Division of JACO Product Development
10990 Wilshire Blvd., Suite 1025
Los Angeles, CA 90024

22. Indemnity. You agree to fully defend and indemnify and hold harmless InternetLitigators, CBLG and any assigned counsel of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney's fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of InternetLitigators in any way related to your use of the InternetLitigators Site, any services or any portion thereof.

23. Survival. Sections  1-8, 10, 12, 14-15, 18-19, 21-23, 26-27, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.

24. Force Majeure. Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

25. Assignment. This agreement is not subject to assignment by Member but may be assigned by InternetLitigators to an associate law firm upon notice of such assignment by InternetLitigators to member. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

26. Severability. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

27. Choice of Law. This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be adjudicated via the arbitration provisions set forth herein or, if such terms should be determined by a court of competent jurisdiction to be invalid, then any such action shall be venued in the Superior Court of the State of California, County of Los Angeles. In that event, the parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

28. No Agency. Notwithstanding any other provision of this agreement, InternetLitigators is not your agent, partner or joint venturer in any respect.

29. Amendment. InternetLitigators may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the InternetLitigators Site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.

30. California - Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the InternetLitigators service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

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