TERMS OF USE

Updated May 15, 2020

This Terms of Use Agreement (“Terms of Use” or “Agreement”) is between you ("you" or "your") and APSA  (the “Company”). In consideration of the right to access and use the Company’s websites, which include www.apsausa.org and certain websites of APSA’s affiliates (each a “Website” and, collectively, the “Websites”), and the information offered on and through the Websites, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. You also hereby acknowledge that you have read and understand the privacy policy, including any displayed cookie policy, applicable to each Website you access (collectively, the “Privacy Policies”) and consent to APSA’s use of your personal data set out therein. If you do not agree to these Terms of Use or the Privacy Policies applicable to any Website you access, you should not use the Websites.

NOTE:  THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH APSA.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

 

 1. Nature of Agreement

These Terms of Use will take effect when you first commence using a Website. Company reserves the right at any time and for any reason to deny you access to any or all of the Websites or any portion thereof, or change, suspend or discontinue any aspect of the Websites at any time. Company may also impose limits on certain features and services or restrict your access to parts or all of the Websites without notice or liability. Termination will be effective without notice.

Please note that Company reserves the right to change the terms and conditions of these Terms of Use upon notice, which may be given by Company posting such change on the applicable Website, by e-mail, or any other reasonable way. If a change is notified by a posting on a Website, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of Company. Your continued use of the applicable Websites following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use on the Websites, delivered by email, or provided in any other reasonable way constitutes reasonable and sufficient notice. Company has the right, but not the obligation, to monitor the use of the Websites and their content.

 

2. Grant of License

These Terms of Use provide you with a personal, revocable, non-exclusive, non-transferable license to use the Websites conditioned on your continued compliance with the terms and conditions of these Terms of Use. You may, on an occasional and irregular basis, print and download materials and information on the Websites solely for personal and non-commercial use, or, only to the extent permitted by an Other Agreement (defined below), for internal business use, provided that you do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such materials and information.

 

3. Intellectual Property Rights

The Websites are protected by copyright under United States copyright laws. The Company and its affiliates’ trademarks, logos, slogans, and/or other distinctive designs are owned by Company, are protected by applicable law, and may not be copied or used without Company's prior written consent. All materials contained within the Websites (the "Content") are protected by copyright and are owned or controlled by Company, its affiliates and/or its licensors. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Websites. You may download, make copies of, or otherwise reproduce the Content and other downloadable items displayed on the Websites for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying, otherwise reproducing, or storing of any Content except for your personal, noncommercial use is expressly prohibited without the prior written consent of the Company.

 

4. Password Policy

Your use of certain portions of the Websites may require a password. As part of the registration process, you must select a user name and password and provide the Company with accurate, complete and up-to-date information. Anyone with knowledge of your password can gain access to the restricted portions of the Websites and the information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms of Use, you agree to be solely responsible for the confidentiality and use of your respective password and user ID’s, as well as for any communications entered through the Website using your password or user ID’s. You will also immediately notify the Company if you become aware of any loss or theft of your password and/or user ID’s or any unauthorized use thereof. The Company reserves the right to delete or change a password or user ID at any time and for any reason.

 

5. Unauthorized Use

Actual or attempted unauthorized use of the Websites may result in criminal and/or civil prosecution. For your protection, Company reserves the right to view, monitor, and record activity on the Websites without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Websites. Company will also comply with all court orders involving requests for such information.

 

6. Privacy

Your use of any of the Websites is subject to the terms of the Privacy Policies applicable to that Website.  Each such Privacy Policy is incorporated by reference into the Terms of Use applicable to such Website. By using the Websites, you consent to Company’s collection and use of personal data as outlined therein.

7. Payments

You may be permitted to use the Websites to order and pay for Company products and/or services (“Products”). To do so, you must have registered for an account with the Company and you must supply certain additional information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, the name on your credit card, and/or your billing address. Once you have submitted your payment information, the Company (or its third-party payment processor) will authorize the payment and send you a confirmation email. You agree to pay any fees applicable to your use of the Websites and/or the Company’s Products, including but not limited to fees and charges applicable to your purchases. The Company may suspend or terminate your account and/or access to the Websites or Products if your credit card cannot be processed. By providing a payment method, you expressly authorize the Company and/or its third-party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, all of which depend on the services you utilize and the Products you purchase. You agree that the Company or its third-party payment processor may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.

 

8. Idea Submission Policy and Your Communications to Company

Except as otherwise provided under the Privacy Policies concerning personally identifiable information, if you forward or transmit to Company through the Websites, by electronic mail or otherwise, any suggestions or material, including any questions or answers, ideas, comments, suggestions, or the like (together, “Submissions”), such Submissions will be treated as non-confidential and non-proprietary. Furthermore, any Submissions will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or in part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.

 

9. Restrictions and Covenants

With the exception of the license granted in Section 2 and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use any information or material obtained from or through the Websites, or link to the Websites in any manner that would bypass the Websites’ home page. Further, you may not post any content from the Websites to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of Company.

You represent and warrant to Company that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing or interfering with the Websites, (ii) collecting any information about other users of the Websites, including passwords, accounts or other information, (iii) systematically extracting data contained in the Websites to populate databases for internal or external business use; (iv) violating or infringing the rights of third parties, or (v) uploading any files that contain any viruses, worms, or other components that are intended to cause damage or expropriate any system, data or personal information.

10. Assumption of Risk; Your Acknowledgments

You acknowledge and agree that you use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Company has endeavored to create a secure and reliable websites, please be advised that the confidentiality of any communication or material transmitted to/from a Website over the Internet cannot be guaranteed. Accordingly, Company and Company’s licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Websites, or for the consequences of any reliance on such information. Company and Company’s licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Websites.

You acknowledge that transmissions to and from the Websites may be read or intercepted by third parties.

You expressly absolve and release Company and Company’s licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

11. Links to Third-Party Websites

Company may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by Company and are maintained by third parties over which Company exercises no control. Accordingly, Company expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.

 

12. Disclaimer of Warranty

THE INFORMATION PROVIDED WITHIN THE WEBSITES IS PROVIDED "AS IS." NEITHER COMPANY NOR ITS AFFILIATES NOR ITS OR THEIR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE WEBSITES OR WEBSITES TO WHICH THEY LINK, AND ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN THE CONTENT. COMPANY, ITS AFFILIATES AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANYTHING CONTAINED WITHIN THE WEBSITES OR WEBSITES TO WHICH THEY LINK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS AFFILIATES AND ITS AND THEIR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

13. Limitation of Liability

NEITHER COMPANY NOR ITS AFFILIATES NOR ITS OR THEIR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE ANY WEBSITE, RESULTING FROM ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY, ITS AFFILIATES AND/OR ITS OR THEIR LICENSORS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES AND ITS LICENSORS AND SUPPLIERS DISCLAIM LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE WEBSITES AND THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL COMPANY'S, ITS AFFILIATES’ OR ITS OR THEIR LICENSORS’ AGGREGATE LIABILITY FOR DAMAGES OF ANY KIND, BASED ON ANY LEGAL THEORY OR CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITES, EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU FOR SERVICES PROVIDED VIA THE WEBSITES IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE RELEVANT CLAIM ACCRUED, OR (B) ONE HUNDRED DOLLARS.

 

14. Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliates and its or their licensors, together with their respective affiliates, officers, directors, employees, consultants and agents from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from your violation of the terms of this Agreement and/or use of the Website or any information or content thereon in violation of any applicable law, rule, or regulation.

 

15. Notices / Contact Information

Except as explicitly stated otherwise, any legal notices shall be given by e-mail to legal@apsausa.org (in the case of Company) or to the e-mail address you provided to Company during your use of the Websites, or such other address as either party may specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. If you would like to contact the Company regarding these Terms of Use or the Privacy Policies, please send an email to legal@apsausa.org and put “Terms of Use” or “Privacy Policy” in your subject heading, as applicable.

 

16. Termination

The Company may, with or without cause, immediately terminate this Agreement, and deny you access to any or all of the Websites. Without limiting the foregoing, Company has the right to immediately terminate your right to access any or all of the Websites in the event that you breach this Agreement or engage in conduct that Company, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access the Websites. In the event of termination, the restrictions imposed on you with respect to material downloaded, copied or otherwise reproduced from the Websites, the disclaimers and limitations of liabilities and the indemnification set forth in this Agreement, shall survive.

17. Governing Law, Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions and without regard to the U.N. Convention on Contracts for the International Sale of Goods.

ARBITRATION; CLASS ACTION WAIVER.

Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) carefully.  It affects your rights.

Please read this Provision carefully.  It provides that all Disputes (as defined below) between you and APSA shall be resolved by binding arbitration.  Arbitration is a form of private dispute resolution and replaces the right to go to court.  In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering into these Terms of Use constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms of Use and can award the same damages and relief as a court (including attorney’s fees).

For purposes of this Provision, “APSA” means APSA and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents.  The term “Dispute” means any dispute, claim, or controversy between you and APSA regarding, arising out of or relating to any aspect of your relationship with APSA, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as APSA’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND APSA EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give APSA an opportunity to resolve the Dispute.  You must commence this process by mailing written notification to APSA, 1010 West Jasper Drive, Suite 5, Killeen, Texas 76542

That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek.  If APSA does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

 

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or APSA may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF USE (the “Opt-Out Deadline”).  You may opt out of this Provision by mailing written notification to APSA, 1010 West Jasper Drive, Suite 5, Killeen, Texas 76542.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with APSA through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with APSA.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

 

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or APSA may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because the Websites and these Terms of Use concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or APSA may initiate arbitration in either Bell County, Texas or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – APSA will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.  Fees and costs may be awarded as provided pursuant to applicable law.  In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with APSA as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

 

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and APSA specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Provision, as specified above, this Class Action Waiver will not apply to you.  Except to the extent that representative claims under California’s Private Attorney General Act (“PAGA”) are excluded from this Agreement, neither you, nor any other user of a Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

 

Jury Waiver

You understand and agree that by entering into these Terms of Use you and APSA are each waiving the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, you and APSA might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

 

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.

 

Continuation

This Provision shall survive the termination of your use of the Websites.  Notwithstanding any provision in these Terms of Use to the contrary, we agree that if APSA makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require APSA to adhere to the present language in this Provision if a dispute between us arises.

 

18. Other Agreements

Your rights to use certain material available on or through the Websites may be subject to separate written agreements with Company (“Other Agreements”). Particular pages or features of the Websites with content supplied by Company, its affiliates or its or their licensors may have different or additional terms ("Special Terms"), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms of Use and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms of Use and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control.

 

19. Miscellaneous

With the exception of any Special Terms and Other Agreements, these Terms of Use and the Privacy Policies represent the entire agreement between you, the Company and/or the Company’s affiliates with respect to your use of and material available on or through the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you, the Company and/or the Company’s affiliates with respect to the Websites. Any rights not expressly granted herein are reserved. You may not assign this Agreement. If any provision this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms of Use or your use of the Websites. Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. By using the Websites, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. You also hereby acknowledge that you have read and understand all applicable Privacy Policies and consent to the use of your personal data set out therein.

NATIONAL HEADQUARTERS

1010 West Jasper Dr. Suite 5,

Killeen, Texas 76542

Email: admin@apsausa.org

Admin:  254-212-APSA (2772)

Sales:  1-888-495-APSA (2772)

SUPPORTER

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STATE LICENSES
Florida Sector

Investigation Agency A3000131

Security Agency B3000233

Training Academy DS 3000076

 

Mississippi Sector

Individually Licensed

 

Oklahoma Sector

Security 16SGA-4722

Texas Sector

Security & Investigations C19653

Training Academy F01328

Wisconsin Sector

Private Detective Agency 17188-62

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