Samaritan Service Solutions, Inc.

My Path 2 Recovery™ 

Term of Use

Terms of Service

My Path 2 Recovery™ is an interactive mobile application (the “Application”) provided by Samaritan Service Solutions, Inc. (“My Path 2 Recovery”). Use of the Application and our website at https://www.MyPath2Recovery.com (collectively, the “Services”) is governed by the terms and conditions of this Agreement. Although accessible by others, the Services (which include content) are intended for access and use only by U.S. customers. Please read these terms and conditions of use (the “Agreement”) carefully before accessing or using the Services. Throughout this Agreement, My Path 2 Recovery™ is referred to as “we” or “us.”

General Terms and Conditions

By accessing or using the Services, you agree to bound by this Agreement as posted and accessible through our Application or website at the time of your access or use and to use the Services in accordance with the terms and conditions of this Agreement, our Privacy Policy My Path 2 Recovery.com/privacy and any additional terms and conditions that are referenced herein or that otherwise may apply to specific features of the Services, or to products or services that we make available to you through the Services (all of which are deemed part of this Agreement). If you do not agree to the terms and conditions of use for the Services as set forth in this Agreement, you may not use the Services. The Web is an evolving medium. If we need to change the terms of this Agreement in the future, we will post the revised Terms and Conditions of Use through our Application or website and update the “Last Revised” date, below, to reflect the date of the changes. You agree to review these Terms and Conditions of Use each time you use the Services so that you are aware of any modifications made to this Agreement. By continuing to access or use the Services after we post such changes, you agree to the terms of this Agreement, as modified.

What Service does My Path 2 Recovery™ Provide?

My Path 2 Recovery™ is designed to offer information and a means to enable you to obtain video-telephonic consultations and treatment for common medical conditions by facilitating the connection between you and nearby health care professionals through the use of the Application. For the avoidance of doubt, the capitalized word “Services” as used in this Agreement refers only to our Application, website and related content and does not refer to the video-telephonic consultations and treatment that users receive from health care professionals.

How to Use the Application?

To use the Application, you first need to sign up with My Path 2 Recovery™. When signing up, you are obligated to provide us with certain information, such as your name, address, date of birth, credit card information and the name of your primary care provider (if you have one). In the future, we may also require users to provide insurance information. Upon successful completion of the sign up process, we will provide you with a personal account, accessible for you with a password of your choice.

You have to be 18 years of age or older and reside in a jurisdiction in which we offer the Application to use the Application. If you reside in a jurisdiction that restricts the use of the Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Application. You represent that you are of legal age to enter into a binding contract.

The Application is designed to enable you to send a request for non-emergency medical consultation services to a health care professional. The GPS receiver – which should be installed on the mobile device on which you have downloaded the Application – detects your location. The Application identifies to you healthcare professionals who have licensed the Application from us and that have engaged us to perform related services. You will be able to select a health care professional who you wish will perform healthcare services you. After your selection, the Application then sends a message to the professional you selected that asks the professional whether he or she would like to provide you with the requested healthcare services. In the event a health care professional agrees to provide you with healthcare services, the Application schedules those services. We make no representation or warranty to you any health care professional will be available to perform health care services MY PATH 2 RECOVERY™ IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, DOES NOT PROVIDE MEDICAL SERVICES, AND IS NOT A HEALTH CARE PROVIDER. THE HEALTH CARE PROFESSIONAL WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES. WE ONLY ACT AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH HEALTH CARE PROFESSIONALS WHO MAY BE INTERESTED IN PROVIDING YOU WITH MEDICAL SERVICES.

Your Use of the Services

You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version of the Application for your device.

By accessing or using the Services, you further agree that:

• You will only use the Services for your sole, personal use and you will not resell them to a third party;
• You will not copy or distribute the Services or other Services content
• You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
• You will not use the Services for any purpose in violation of local, state, federal or international laws;
• You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
• You will not impersonate another person;
• You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
• You will comply with all applicable third party terms of agreement when using the Services (e.g., your wireless data service agreement);
• You will ensure that no unauthorized person shall have access to your mobile device or your My Path 2 Recovery™ passwords or accounts;
• You will promptly notify us in the event your My Path 2 Recovery™ passwords or accounts have been compromised;
• You will not assign or otherwise transfer your account to any other person or entity;
• You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and
• You will provide us with whatever proof of identity we may request.
• We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.

You are free to establish a hypertext link to our Services so long as the link does not state or imply any sponsorship of your website or service by us or by our Services. However, you may not, without our prior written permission, frame or inline link any of the content of our Services, or incorporate into another website or other service any of our material, content or intellectual property.

Our Right to Use User-Provided Content

We may, in our sole discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you. 

You acknowledge that My Path 2 Recovery™ only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons. Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.

You agree to indemnify and hold harmless My Path 2 Recovery™, My Path 2 Recovery™ affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of any User-Provided Content posted or transmitted through the Services by you or by others using your account.

Additional Terms for Mobile Applications   

Mobile Applications. We may make software available to access the Service through a mobile device ("Mobile Applications"). To use any Mobile Application, you must have a mobile device that is compatible with the Mobile Applications. The company does not guarantee that the Mobile Applications are compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless service provider for these services. You agree that you are solely responsible for such charges. The Company hereby grants you a non-exclusive license, non-transferable and revocable to use a compiled copy of the Mobile Applications code for a Company User Account on a mobile device owned or leased exclusively by you, for your personal use. You may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or transfer the Mobile Applications to third parties or use the Mobile Applications to provide timeshare or similar services for any third party; (iii) make copies of the Mobile Applications; (iv) eliminate, circumvent, disable, damage or interfere with the security-related functions of the Mobile Applications, functions that prevent or restrict the use or copying of any content accessible through the Mobile Applications, or functions that impose limitations on the use of the mobile device Applications; or (v) remove the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that the Company may from time to time release updated versions of the Mobile Applications and may automatically update the version of the Mobile Applications that you are using on your mobile device electronically. You agree to such automatic update on your mobile device and agree that the terms and conditions of this Agreement will apply to all such updates. Any third-party code that may be incorporated into the Mobile Applications is covered by the applicable third party or open source license EULA, if any, which authorizes the use of such code. The above license grant is not a sale of the Mobile Applications or any copies thereof, and the Company or its third-party partners or vendors retain all rights, title, and interest in the Mobile Applications (and any copies thereof). Any attempt by you to transfer any of the rights, duties, or obligations below, except as expressly provided in this Agreement, is void. The Company reserves all rights not expressly granted under this Agreement. If the Mobile Applications are acquired on behalf of the United States government, The following provision applies. The Mobile Applications will be considered “commercial computer software” and “commercial computer software documentation”, respectively, in accordance with Section 227.7202 of the DFAR and Section 12.212 of the FAR, as applicable. Any use, reproduction, publication, performance, display or disclosure of the Service and any accompanying documentation by the US Government will be governed solely by these Terms of Service and is prohibited, except to the extent expressly permitted by these Terms of Service. Mobile Applications originate in the United States and are subject to United States export laws and regulations. The Mobile Applications cannot be exported or re-exported to certain countries or to those persons or entities that are prohibited from receiving exports from the United States. Additionally, Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all US and foreign laws related to the use of the Mobile Applications and the Service. 

Apple App Store Mobile Applications. The following applies to any mobile application that you download for free or purchase from the Apple App Store (“Apple Software”): You acknowledge and agree that this Agreement is solely between you and the Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple Software or its content. Your use of Apple-supplied software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the Apple Software. In the event that the Apple Source Software fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Apple Source Software; To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Apple Software, and any other claim, loss, liability, damage, cost or expense attributable to any breach of any warranty will be governed solely by this Agreement and any laws applicable to the Company as the provider of the software. You acknowledge that Apple is not responsible for addressing any claim by you or a third party relating to the Apple Software or your possession and / or use of the Apple Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Software does not meet applicable legal or regulatory requirements; and (iii) claims derived from consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any laws applicable to the Company as the provider of the software. You acknowledge that in the event that a third party claims that the Apple Software or its possession and use of that Apple Software infringes the Intellectual Property Rights of that third party, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any claim of intellectual property infringement to the extent required by this Agreement. You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement in connection with your license to the Apple Software, and that by accepting the terms and conditions of this Agreement.  

Google Play Store Mobile Applications. The following applies to any Mobile Application that you download for free or purchase from the Google Play Store (“Google Software”): (i) you acknowledge that the Agreement is between you and the Company only, and not with Google, Inc. (“Google”) ; (ii) your use of the software provided by Google must comply with the Google Play Store Terms of Service in effect at that time; (iii) Google is only a provider of the Google Play Store where you obtained the Google software; (iv) The Company, and not Google, is solely responsible for your Google Software; (v) Google has no obligation or obligation to you with respect to the Google Software or the Agreement; and (vi) you acknowledge and agree that Google is a third party beneficiary of the Agreement as it relates to the Company's Google Software. 

Payment

There is no charge to register with My Path 2 Recovery™ on the web or download the Application on your mobile device. All end-users have access to the free chat communication tool via the web or mobile application. Service Providers can access their Admin Panel, patient resources, and instant messaging on the platform. All other end-users have access to their profile, instant messaging, and resources that are included with their enrollment.

Service Providers are only charged a flat fee when they purchase one of the advertising listing packages that are available within the platform to advertise their services on My Path 2 Recovery™. The Service Provider is responsible for picking locations in which they are legally able to render such services and be listed as a selectable choice for end-users to access. If a Service Provider chooses to opt-in, that Service Provider would have access to other communication tools on the platform, encrypted videoconferencing, and compliant chat features. 

We reserve the right to introduce a fee in the future for downloading the Application and registering with us. If we decide to introduce such a fee, we will inform you accordingly and allow you to either continue or terminate your account. These may be modified or updated from time to time. 

My Path 2 Recovery™ may charge your credit card account, as provided by you when registering for the Services, including any taxes, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing My Path 2 Recovery™ with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable unless it adheres to the refund policy.

We use a third-party payment processor (the “Payment Processor”) to link us to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Application will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services, My Path 2 Recovery™ will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy. At present we do not process any insurance claims.

Intellectual Property Ownership

Samaritan Service Solutions, Inc. and My Path 2 Recovery™ alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Services shall be owned solely and exclusively by Samaritan Service Solutions, Inc. and My Path 2 Recovery™, and/or, as applicable, My Path 2 Recovery™ third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to My Path 2 Recovery™ any and all of your rights, title or interests in the Services or any modification to or derivative work of the Services. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services. This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by My Path 2 Recovery™. My Path 2 Recovery™ name, logo and the product names and logos associated with the Services are trademarks of My Path 2 Recovery™, its affiliated companies or third parties, and no right of license is granted to use them. The materials on the Services are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).

Application License

Subject to your compliance with the terms and conditions of this Agreement, My Path 2 Recovery™ grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal use.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.

Disclaimer

THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

The Services are solely designed to enable you to video-telephonic consultations and treatment for common medical conditions by facilitating the connection between you and nearby health care providers. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. The services provided in the Application are here to help connect you to nearby health care providers only. Any information contained in the Services should not be relied upon as the basis of any health-care decision. The Services do not constitute the practice of any medical, counseling, nursing or other professional health care advice, diagnosis or treatment. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR APPLICATION OR WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MAY USE THIS APPLICATION TO TRY TO CONTACT A NEARBY HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.

We do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of the health care providers that you may connect with via the Services. We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Services at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Services. Users of the Services are responsible for maintaining a means external to the Services for the reconstruction of any lost data.

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL MY PATH 2 RECOVERY™ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF MY PATH 2 RECOVERY™ FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF MY PATH 2 RECOVERY™ WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.

Indemnification

You agree to indemnify and hold harmless Samaritan Service Solutions, Inc., My Path 2 Recovery™, My Path 2 Recovery™ affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Modifications to, or Discontinuation of, the Services

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.

Privacy

Your use of the Services is subject to My Path 2 Recovery™ Privacy Policy.

Please review this policy so you understand what information we collect through the Services, how we use it, how we secure it, and when we may share it.

Miscellaneous

This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern. This Agreement will be governed by and construed in accordance with the laws of the State of Kentucky, without regard to any conflicts of law provisions contained therein.

This Agreement is personal to you and you may not assign it to anyone. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

Last Revised:

July 2020

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