APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. Robot delivery [] In those instances, Grubhub is committed to working with you to reach a reasonable resolution; however, we can only do this if we know about and understand each others concerns. It's also likely a blow for Grubhub, once Taco Bell's exclusive delivery partner after that 2018 agreement, which also included Yum Brands' KFC system. With all that said, let's take a look at each of the apps. When placing orders through the Platform, you may receive order status messages from Grubhub about each order. Swiggy enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. None of the Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. calculated at full value if required), C) Agree to provide refunds of products that are the result of poor quality or. In consideration of the use of the Platform and the Services, you agree that you are able to create a binding legal obligation with Grubhub, and you also agree to: (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete. If the recipient does not show you a government-issued identification card indicating that the recipient is at least 21 years of age, or if the name on the identification card does not match the order, or the recipient appears intoxicated, you agree not to release the alcoholic beverage(s) and you further agree to return the alcoholic beverage(s) to the Restaurant. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GRUBHUB DISCLAIMS, WITH RESPECT TO THE SERVICES, THE PLATFORM, THE MATERIALS AND ALL OTHER CONTENT ON THE PLATFORM, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Additionally. If you do any of the aforementioned, Grubhub will not be responsible in any way for any damage to your computer system or loss of data that results from such download. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. This food delivery platform connects diners to their favorite restaurants in their area. Offer is non-transferable and may not be resold. If you have any questions regarding this Agreement or the Platform, please visit our "Help" page for answers and our contact information. You may unsubscribe from all such feedback messages by replying "STOP" to the number sending the feedback messages. about how Grubhub is prioritizing the health and safety of delivery partners. Grubhub reserves the right to deactivate your access to the Driver App if your service falls below the industry standard for like services in your region, as determined by Grubhub in its good faith discretion. What's in it for you TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. This is where 1 year of delivery driving gets you. 512: A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works; Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites; Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address; A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and. If an order has been prepared but requires remaking due to a late pickup, restaurants are empowered to remake an order and contact Grubhub for a credit. Were excited to partner with you to deliver food happiness to diners. You agree to: (a) immediately notify Grubhub of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Your voluntary provision to Grubhub of your cell phone number represents your consent that Grubhub may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. If you initiate arbitration, you shall certify that you have complied with the Informal Dispute Resolution Procedure above and personally sign your Demand for Arbitration. Rather, Delivery Partners have entered into agreements with Grubhub which require them to comply with all applicable federal, state, and local laws, rules and regulations, including, without limitation, traffic laws, requirements of the applicable motor vehicle agency, and applicable insurance requirements. Grubhub does not warrant that any Mobile Application will be compatible with your mobile device. To resubscribe, text START to the same number from the phone number associated with your account. You agree that you are solely responsible for any such charges. If you need assistance, text HELP. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third partys intellectual property rights, Grubhub, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. THE PLATFORM, THE SERVICES, THE MATERIALS, AND ALL OTHER CONTENT ON THE PLATFORM ARE PROVIDED "AS IS" AND AS AVAILABLE AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. A party may raise non-compliance with this Informal Dispute Resolution Procedure in court and/or in connection with the arbitration. Except for the Dispute Resolution section below, the terms, conditions, and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice or conflict of laws principles. Grubhub is the leader in food ordering and delivery, a.k.a. Grubhub works by connecting customers with freelance drivers and nearby restaurants. your use of the Driver App is subject to any and all additional terms, policies, rules or guidelines applicable to Grubhubs services or certain features of the Driver App that we may post or link to on the Driver App (collectively, the Additional Terms), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Driver App. Once your background check clears and you sign your delivery partner agreement, you can enter your details including bank info into the DoorDash app to make sure you're able to get paid. Please send this notification to our copyright agent at: Grubhub Holdings Inc., Attention: Copyright Agent, 5 Bryant Park, 15th Floor, New York, NY 10018. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. The company writes that "listing restaurants on platforms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. Failure to strictly adhere to this policy will result in termination of your Partner Agreement. The preceding requirements are intended to comply with Grubhubs rights and obligations under the DMCA, including 17 U.S.C. Grubhub may monitor any and all use of the Driver App, and may manage the Driver App in a manner intended to protect our property and rights and to facilitate its proper functioning. . The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference. IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM GRUBHUB AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. Grubhub has fired their latest shot in their battle against order rejection. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein. Except as provided by your Partner Agreement, this Agreement will govern any disputes arising before the effective date of the Updated Terms. YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. Grubhub may also in its sole discretion limit access to the Platform, the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. It's easy and convenient. (NYSE: GRUB) ("Grubhub") have entered into a definitive agreement whereby the Company is to acquire 100% of the shares of Grubhub in an all-stock transaction (the . Code 1798.100 et seq. To unsubscribe from Customer Care messages, just reply to the message by texting STOP to the number sending the message. Also, each party retains the right to (1) elect (at any time prior to the appointment of an arbitrator) to have any claims heard in small claims court on an individual basis for disputes and actions within the scope of such courts jurisdiction, provided the proceeding remains in small claims court and is not removed or appealed to a court of general jurisdiction, and (2) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other confidential or proprietary information or intellectual property rights. Member FDIC. Centerview Partners (Financial adviser to Grubhub) +1 212 380 2650. This includes, but is not limited to: Indicating that you have delivered an order or orders when you have not; Unreasonably cancelling or otherwise failing to complete an order or orders that you accepted; Activities that result in repeated and/or serious complaint(s) from diners and/or restaurants who contact Grubhub to report your delivery services as incomplete, unsafe, unprofessional, or otherwise in violation of Grubhubs standards or harmful to Grubhubs reputation. The Driver App may allow you to rate and post reviews of Restaurants and other businesses (each a Rating or Review). If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAAs list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Supplemental delivery Use our drivers to reach customers outside the range of your own delivery team. "It is a very large expense. To ensure safety in your community, we default customers to contact-free deliveries and recommend that all delivery partners take proactive measures. In addition, Grubhub does not guarantee the quality of what the Merchants sell, nor does it guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third-party delivery service. Enter into a delivery service partnership with our ready-made Restaurant Delivery Service Agreement template. (the CCPA), in the performance of your obligations pursuant to the Agreement. Grubhub Delivery Let us deliver your food for you with our fleet of professional drivers. GRUBHUB DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. You agree not to communicate in any way that: is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of anothers privacy, portrays another in a false light, is hateful, and/or racially, ethnically and/or otherwise objectionable; has a commercial, political or religious purpose; is false, misleading and/or not written in good faith; infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity; is illegal and/or promotes illegal activity; contains unauthorized advertising and/or solicits users to a business other than those on the Sites; is disruptive and/or incites others to violate industry standards and/or Grubhubs standards; and/or. Make money on your own terms and start earning with Grubhub.*. You and Grubhub agree that to the extent any dispute, claim, or controversy is permitted to proceed in court (except for small claims court), it shall be brought and heard exclusively in the state and federal courts of New York County, New York. Grubhub is a leading food delivery service in the US. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from Grubhub, the Merchant, or your delivery person regarding your order or its delivery unless you also text "STOP" to the number sending the order-related messages, and even in such event, you may still receive individual texts from the Merchant or your delivery person to enable successful delivery of your order. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein. As part of their contractual agreement, third-party food delivery services retain all customer data. UNLESS BOTH YOU AND GRUBHUB OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSONS CLAIMS (EXCEPT AS SET OUT IN SECTION VII BELOW), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. The Platform and other Interactive Areas may allow you to rate (each, a Rating) and post reviews (each, a Review) of Merchants. Any rights not expressly granted herein are reserved by Grubhub and Grubhubs licensors. You agree to activate the Payment Card, to use it solely to pay for orders placed on the Platform and accepted by you for delivery, and to use it only for the amount of the order. This allows Grubhub to promptly offer the order to another driver. Grubhub does not own, operate or otherwise control such separate Merchant promotional or loyalty programs and therefore shall have no liability for those separate programs, including without limitation your participation therein. Amazon reserves the right to modify or cancel the offer at any time. Regardless of the cause, Grubhub reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes. You can learn more about Google's practices at http://www.google.com/policies/privacy/partners. Ratings and Reviews are not endorsed by Grubhub, and do not represent the views of Grubhub or of any affiliate or partner of Grubhub. The Partners shall establish accounts at Restaurant. Accordingly, and without limiting any of the provisions set forth in the Partner Agreement, by using the Platform, including the Driver App, you acknowledge and agree that you are permitted to use the information disclosed or otherwise made available to you, including without limitation diners data (e.g. diners names, phone numbers, email, and physical addresses) and any other information subject to applicable privacy and/or data security laws, rules or regulations (collectively, Diner Data), transaction logs and other Materials (as defined below), solely for the purpose of providing the Services. Join now for a 14-day free trial or get Grubhub+ for $9.99/month. Informal Dispute Resolution Procedure. Except as provided by your Partner Agreement, Grubhub reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Driver App from a particular device and/or IP address. Dispute shall have the broadest possible meaning. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING. If you are a California resident, in accordance with Cal. In jurisdictions that permit the ordering and delivery of alcoholic beverages, if you deliver an order that includes any alcoholic beverage, you acknowledge that you have a responsibility, upon delivery, to examine a government-issued identification card of the recipient and confirm that: (i) the recipient is at least 21 years of age; (ii) the individuals name matches the name on the order; and (iii) the recipient does not appear intoxicated. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. The On-Time Delivery Guarantee offers claimants GHG Perks in connection with eligible online delivery orders that are delivered late. All such Additional Terms are hereby incorporated into this Agreement by reference. Except as modified by this Dispute Resolution section, the AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a consumer agreement as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules"). In accordance with the DMCA and other applicable law, Grubhub has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. It means that by accessing and/or using the Platform or our Services, or by clicking a button or checking a box marked I Agree (or something similar), you agree to all the terms and conditions of this Agreement. The terms and conditions for e-gift card use are located at https://grubhub.cashstar.com/about/terms_and_conditions and the privacy policy for gift cards is located at https://grubhub.cashstar.com/about/privacy_policy; and both are incorporated into this Agreement by reference. 512 (DMCA): Please send this notification to our copyright agent at: Grubhub Holdings Inc., Attention: Copyright Agent, 111 West Washington Street, Suite 2100, Chicago, Illinois 60602. You agree that you will review this Agreement periodically and check the Effective date in this Agreement to stay aware of any changes. YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. Except as otherwise provided in the Dispute Resolution section, the Updated Terms will govern any disputes between you and Grubhub, even if the dispute arises or involves facts dated before the Effective date of the Updated Terms. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE IS TO DISCONTINUE USING THE PLATFORM AND SERVICES, WHICH YOU MAY DO AT ANY TIME. Any waiver by Grubhub of any provision of this Agreement must be in writing. Civ. Eligible claimants will receive at least a $5 On-Time Delivery Guarantee GHG Perk. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with Grubhub or may enter into in the future with Grubhub. GRUBHUB ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE PLATFORM. The contract is entered into as of [Contract.CreatedDate] and shall remain in effect until [Contract.ExpirationDate] unless cancelled pursuant to the terms listed below. You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings, photographs and/or other materials and/or content that you submit, upload, post, publish, and/or otherwise make available to Grubhub through the Platform or otherwise in connection with your use of our Services, including, without limitation, information and materials provided or made available in connection with any Facebook, Google, or other third party login (Your Content). You may only create and hold one account on each of the separately branded properties on the Platforms (each, an Account) for your personal use. Can I sign up to deliver using my bicycle? We make your hungry team happy. If we make a material change to the Agreement, we will notify you. You grant Grubhub the right to freely and fully exploit and share any suggestions, input or other feedback or content you provide relating to the Platform or other Grubhub services we provide in connection with its business, without additional notice to, approval by or compensation to you. Grubhub does not endorse Delivery Partners Ratings or Reviews, and does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. Additionally, you agree to follow the standards of conduct below, and any additional standards that may be communicated to you from time to time. The following applies to any Mobile Applications you acquire from the Google Play Store (Google-Sourced Software): (i) you acknowledge that the Agreement is solely between you and Grubhub only, and not with Google, Inc. (Google); (ii) your use of Google-Sourced Software must comply with Googles then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Grubhub, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Grubhubs Google-Sourced Software. You are responsible for all of Your Content. Grubhub expressly reserves its right to raise unique defenses as to each claimant in connection with this process. If the arbitrator finds that either the substance of a claim or the relief sought in a Demand for Arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the arbitrator may award attorneys fees, costs and expenses in favor of a party. You and Grubhub agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of this Agreement or payments by or to Grubhub, or that in any way relate to your use of the Platform, the Materials, the Services, and/or other content on the Platform, your relationship with Grubhub, or any other dispute with Grubhub, (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (each, a Dispute) shall be submitted exclusively to binding arbitration. Grubhub does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. It can also be called the context of the contract. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. As used in this Agreement, you means any visitor, user, or other person who accesses our Platform or Services, whether or not such person registered for an Account (as defined below). pick-up and delivery partners (" PDP ") who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the . The arbitrator's award of damages and/or other relief must be consistent with section III above and also must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. TODC invests time and expenses and provides certain services related to promoting and managing (i) a restaurant's food and beverage products on online delivery and other virtual platforms including without limitation UberEats, Door Dash, GrubHub and Postmates (including in each case, their respective affiliates) (collectively, the "Online . By accessing the Driver App, you agree to the following conditions: You will not accept orders offered through the Driver App that you do not intend to deliver; You will not disclose, and will maintain the strict confidentiality of, the Diner Data and transaction logs available through the Driver App; You will not violate any applicable law(s) or Grubhubs Terms of Use; You will not deliver alcohol unless you and the alcohol recipient are 21 or older, and you have verified the recipients name and age using a valid photo identification at the time of alcohol delivery; You will not access the Driver App or related services using a third-partys account/registration, or attempt to impersonate another person, particularly any Delivery Partner; You will not falsely report your geographic location or prevent or otherwise attempt to prevent the Driver App from accurately reporting your geographic location; You will not attempt, through any means, to gain unauthorized access to any part of the Driver App and/or any related service, or any other account, computer system and/or network connected to any Grubhub server; You will not attempt to deceive, mislead, confuse, or defraud Grubhub through any means of circumvention related to the Driver App or the Services you are purporting to provide; You will not decompile or reverse-engineer the Driver App and/or monitor any portion of the Driver App and/or any Materials and/or other content on the Driver App, unless an authorized representative of Grubhub has given you specific permission to do so in writing; You will not conduct any kind of systematic retrieval of data or other content from the Driver App; You will not create or compile, directly or indirectly, any collection, compilation, database or directory from the Driver Apps content; You will not use the Driver App in any manner that could damage, disable, overburden and/or impair any Grubhub server, or the network(s) connected to any Grubhub server, and/or interfere with any other Delivery Partners use of the Driver App; You will not use any information obtained from the Driver App or the Grubhub services (apart from authorized use of Grubhub services) in order to contact, solicit, or buy or sell any products or services to anyone, including but not limited to any Diner, Restaurant or another Delivery Partner; You will not copy or republish any content, including, but not limited to Diner Data and transaction logs; You will not license, sell and/or otherwise provide access to and/or use of your Account or the Driver App to any third party (other than subcontractors, pursuant to your Partner Agreement), including without limitation to build a competitive product and/or service; You will not harass, annoy, intimidate or threaten any Grubhub employees or agents engaged in providing any portion of Grubhubs services; You will not contact any Diners or Restaurants beyond what is necessary to fulfill your delivery services, unless the Diner(s) or Restaurant(s) expressly consents to such contact; You will not delete the copyright or other proprietary rights notice from any Materials or any portion of the Driver App or Grubhubs services; You will not upload or transmit viruses or other harmful, disruptive or destructive files; You will not disrupt, interfere with, or otherwise harm or violate the security of the Driver App, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Driver App or affiliated or linked sites (including those of our restaurant partners); and.
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