Terms of Service

Terms of Use Agreement

OVERVIEW

This website is operated by KORS TIRE. Throughout the site, the terms “we”, “us” and “our” refer to KORS TIRE. KORS TIRE offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

This website and the Content and Products (as defined below) contained hereon (collectively referred to as "the Site" unless specifically stated otherwise) are made available to you pursuant to the following Terms of Use and any other rules or policies posted on the Site (collectively referred to as the "Terms of Use Agreement".) All such rules and policies, including without limitation the Privacy Policy and the Return/Refund Policy, are incorporated by reference into this Terms of Use Agreement. By accessing, browsing and/or using the Site, including without limitation making any purchases of Products through the Site, you acknowledge that you have read, understood, and agree to be bound by this Terms of Use Agreement. If you do not agree with any provision of this Terms of Use Agreement, you are not authorized to access, browse or use the Site, including without limitation making any purchases of Products through the Site, for any purpose.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The Site is owned and operated by KORS TIRE and/or its subsidiaries and affiliates ("we","us", or "our.") This Site may be used as an information source and/or may be used to purchase goods and/or services through this Site. Any such goods or services displayed or purchased through this Site are referred to herein, individually or collectively, as "Products." We reserve the right to modify this Terms of Use Agreement at any time without giving you prior notice. You are responsible for regularly reviewing this Terms of Use Agreement. Your use of the Site, including a purchase of any Products, following any such modification constitutes your agreement to follow and be bound by this Terms of Use Agreement as modified. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice.
All software, object code, source code, schematics, data (including metadata), text, sound, graphic material, audio and video material, photographs, illustrations, artwork, images, documents, papers, instructions, proprietary information and all copyrightable or otherwise legally protectable elements of the Site or available on or through the Site, including, without limitation, all trademarks, service marks and trade names (individually and/or collectively, the "Content,") are our property or the property of our subsidiaries, affiliates, or other third parties and are legally protected under all applicable local, state, national and international intellectual property and other laws, regulations and treaties.
Your use of the Site or any of the Content available through the Site constitutes your acknowledgment that the Site and the Content contain proprietary and confidential information owned by us or other third parties. You hereby agree not to alter, delete or conceal any copyright, trademark or other proprietary notices of any party from the Content or the Site or any materials thereon. You hereby agree not to reproduce, modify, copy, distribute, disseminate, transmit, display, perform, broadcast, reproduce, publish, assign, license, sublicense, create derivative works from, reverse engineer, reverse assemble, loan, transfer, circulate to any third party (including, without limitation, on or via a third-party website), attempt to discover source code, or sell in any way any Content or Products included on the Site without the express prior written permission of us or other applicable third parties. Trademarks, service marks and trade dress owned by us or other third parties may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us or the applicable third-party. Any unauthorized or prohibited use of any Content or the Site may subject you to civil liability or criminal prosecution, or both, under applicable law.

SECTION 5 - PRODUCTS

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

License agreement

We hereby grant to you subject to this Terms of Use Agreement, a non-exclusive, non-sublicensable, non-transferable, limited license, during the term of this Terms of Use Agreement, to install and/or use in machine-readable form the Content which is made available for review on this Site. You may make one (1) copy of such Content only as necessary for backup or archive purposes in support of your use of this Site and such Content, including without limitation documentation of your purchase of any Products through this Site, provided that you reproduce all copyright and other proprietary notices that are on the original copies of the Content. Notwithstanding any of the foregoing, you hereby acknowledge that we and/or other third parties, as applicable, shall retain all other rights, title, and interest in and to the Content. All rights not expressly granted herein are reserved.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

You are not required to have an account to purchase Products on the Site. However, if desired, you can create a secure user account with a unique user name and password combination.
If you choose to create a user account, you must provide current, complete, and accurate information to us in connection with your account and/or purchase of Products in order to receive Products from the Site. It is your responsibility to keep the information that you provide to us up to date and we cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or if you fail to update the information you give us.
When purchasing Products through the Site, we cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information. Your purchase of Products through the Site constitutes your acknowledgement that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Products available on the Site by any local, state, national or international law. If we have grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate any current or further purchases by you through the Site and to refuse any and all current or future use of the Site or any portion of the Site by you, for any reason at any time.
You are solely responsible for maintaining the confidentiality of your account information and for restricting access to your computer and handheld devices, and you agree to accept responsibility for all activities that occur under your account or password, including, but not limited to, any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. We are not liable for any harm caused or related to the theft or misappropriation of your username or password, the disclosure of your username or password, or your authorization of anyone else to use your username or password. We reserve the right to take any and all action, as we deem necessary or advisable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event and under no circumstances shall we be held liable for any liabilities or damages resulting from or arising out of (i) any action or inaction by us with respect to these matters, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. Any unauthorized use of the Site will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
You hereby agree to immediately notify us if you become aware of or believe there is or may have been, any unauthorized use of your username or password or any other need to deactivate or change your username or password due to security concerns.
Purchases and prices, taxes, fees, and other charges
The price of any Products purchased through the Site will be the price specified at the time of your purchase. Prices for all Products exclude applicable taxes, disposal fees, shipping and handling charges, and any other fees unless otherwise indicated at the time of purchase. To the extent permissible by law, you agree to be responsible for any such applicable taxes, disposal fees, shipping and handling charges, and installation fees, as applicable. We reserve the right to collect applicable taxes and impose applicable disposal fees and/or shipping charges on all Products purchased from the Site.

Purchases and payment methods

Payment may be made via Visa, MasterCard, American Express cards (collectively referred to as the "Cards"). Upon presentation of a Card, you warrant that you are the cardholder or have the permission of the cardholder to use the Card and that the billing information provided is accurate. By purchasing Products by use of a Card, you authorize us to charge the Card for the purchase price of the Products being purchased, plus any taxes, disposal fees, shipping, and handling, and/or installation charges, if applicable.
Payments may also be made using the pay by PayPal payment option. If you choose to use PayPal to make purchases, you agree to allow PayPal to debit from your PayPal account (and the credit card(s), bank account(s) or other allowed payment methods linked to your PayPal account), the full amount of the purchase price of the Products being purchased, plus any taxes, disposal fees, shipping, and handling, and/or installation charges, if applicable. You agree that if PayPal fails or is unable to withdraw that full amount owed, you must pay KORS TIRE the remaining balance by using a Card.

As mentioned below in the section, “Third-party websites and third-party services,” third party services such as payment processing by Card issuers or PayPal option are subject to any terms, conditions, restrictions, limitations, warranties or representations of the third party payment processor.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

OFFERS, COUPONS, and GIFTS
We may offer users of the Site discounts, promotions and other offers (“Offers”). Offers may come in a variety of forms including a coupon, coupon code, promotional code or any other similar medium (“Coupon”). Unless expressly stated otherwise on the Coupon, all Coupons and Offers are non-transferrable and users may not combine multiple Offers, use any Coupon with more than one order, or otherwise misuse any Offer or Coupon (“misuse” to be determined by KORS TIRE in its sole discretion). We reserve the right to, at any time and with or without prior notice, cease honoring any Offer or Coupon or to impose conditions on the redemption thereof. As mentioned below, KORS TIRE may terminate your purchase of any Products at any time and for any reason, including your violation of this section of this Terms of Use Agreement.
Offers may also include the ability to receive from a third party, certain services, such as discounts, gift cards or other offers that may be used with third-party merchants and service providers (“Third Party Offers”). Third Party Offers are subject to compliance with all eligibility (e.g., purchase requirements) and redemption requirements and all other terms presented with the Third Party Offer, including terms of applicable third party merchant or provider. Neither KORS TIRE nor any of its affiliates are responsible or liable for any Third Party Offers, including your redemption or third-party fulfillment of the Offer. We reserve the right to, at any time and with or without prior notice, cancel any Third Party Offer.

Acts of God

KORS TIRE shall not be held liable for non-performance, in whole or in part, of any of its obligations whatsoever toward you, nor for damages or losses you may suffer, if such non-performance, damages or losses resulting from an Act of God or from circumstances beyond its control.

Site security

You shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or any Content or Products or interfere with any other party's use and enjoyment of the Site or any Content or Products. You may not attempt to gain unauthorized access to any accounts not registered to you, or computer systems or networks owned and operated by us through hacking, password mining, or any other means. Violations of our system or network security may result in civil or criminal liability.

Copyrights & Trademarks

The entire website content (pictures, texts, illustrations, logos, graphics, slogans, products and service names, trade names are a trademark) is licensed by KORS TIRE. Any duplications of the materials of this site are prohibited. All other trademarks that are on this website are properties of their respective owner. No trademark or service names authorisations of these companies are allowed according to the material of this site.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
On the Site, you may post reviews, comments, and other content, send other communications, and submit suggestions, ideas, comments, questions, or other information about such product or service (collectively referred to as "Postings",)so long as the Postings are not and do not contain any content that is illegal, tortious, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property or any other rights, false, misleading, likely to deceive, objectionable, or otherwise injurious to third parties and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead readers as to the origin of any Posting.
Postings do not reflect our or our affiliates' views, and while we do not endorse any Posting, we do reserve the right to monitor and screen any Posting. In no event shall we or our affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever. With respect to any Posting, you agree that we may and we reserve the right (but not the obligation) to do any of the following in our sole discretion, at any time and without limiting any and all other rights we may have under this Terms of Use Agreement, at law or in equity: (a) refuse to allow you to Post; (b) remove, delete, and/or edit Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational, or other means available to us to enforce the provisions of this Terms of Use Agreement, including, without limitation, blocking specific IP addresses or deactivating your account.
If a Posting originates from you or your account, and unless we indicate otherwise, you grant us and our affiliates, licensees, and sublicensees a non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, alter, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit that Posting throughout the world in any media. You grant us and our affiliates and sub licensees the right to use the name provided in connection with the Posting. You represent and warrant that you own or otherwise control all of the rights to the content of the Posting and have the right and authority to grant the licenses granted herein , that the Posting does not violate this Terms of Use Agreement, and that no payments are or will be owed to you or any third party for the exercise of the rights granted hereunder.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall KORS TIRE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless KORS TIRE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of THE PROVINCE OF BRITISH COLUMBIA, CANADA

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@korstire.ca

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