Terms and Conditions

>> TERMS & CONDITIONS OF USE (ETFguide Premium Subscription Service)

Thank you for using ETFguide Premium. The investment research and services provided herein are subject to these terms, conditions, limitations and our written agreement outlined below. If you do not agree with these terms and conditions, do not use the service and immediately stop your subscription service.

1.0 Definitions

Applicant: Any entity or individual who applies for any of ETFguide’s subscription plans. Authorized User: A paid subscriber that is an individual. Company: ETFguide, LLC d/b/a ETFguide.com Customer: An individual subscribed to the ETFguide.com’s services and thereby assumes responsibility for the payment of charges and compliance with these terms and conditions. Service(s): Any or all services provided by ETFguide.com pursuant to this guide of terms and conditions.

2.0 Copyright and Trademark Notice

This Service is the property of ETFguide.com and may only be displayed, formatted and printed for your personal and non-commercial use. All other copyrights and service marks referred to are those of their respective owners. ETFguide and ETF(k) are registered trademarks and cannot be used without written permission for any reason whatsoever. ETFguide.com is the owner of all intellectual property, including the content produced on its Website. These ownership rights extend to even those unknown or unrealized by current laws. Any graphics, titles, layout, information, email newsletters, training courses, manner of doing business, etc. contained on the website is fully protected by copyright and trademark law. WARNING: Unauthorized use or a violation of these terms will result in severe consequences for perpetrators and prosecution to the fullest extent of the law.

3.0 Limitations of Service

(a) ETFguide.com reserves the right to discontinue or limit service when necessitated by conditions beyond its control or when service is used in violation of these terms and conditions. (b) ETFguide.com reserves the right to refuse credit cards when authorization cannot be validated. (c) ETFguide.com reserves the right to impose requirements, as required, to meet changing regulatory rules and standards. (d) ETFguide.com reserves the right to add, change, or delete services at any time. (e) ETFguide.com shall not be held liable for errors in data transmission, cyber-terrorism or theft, server or Website outages, or failure to establish connections. (f) ETFguide.com may rely on third parties to provide a portion of service. Selection of third party vendors is at the sole discretion of ETFguide.com and the company reserves the right to change vendors at any time. (g) ETFguide.com is a data provider and does not render investment advice on ETFs or other securities of any kind. (h) ETFguide.com is not acting as a broker/dealer or investment advisor to subscribing customers and subscription fees do not constitute a management fee or fee for advice. (i) It’s the sole responsibility of subscribers to self-determine their own risk tolerance and suitability of ETFguide.com’s research and services. (j) It’s the sole responsibility of subscribers to manage their own portfolio as ETFguide.com does not manage subscriber portfolios as part of this service agreement. (k) ETFguide.com does not make any warranties or representations about the safety or suitability of its portfolio subscription services. (l) ETFguide.com shall not be held liable for any losses due to portfolio or market performance or buy/sell transactions that subscribers make. (m) ETFguide.com reserves the right to terminate the service of nonpaying subscribers or subscribers that abuse or violate these terms and conditions. (n) Subscribers assume both the cost and risk of any investing or the trading they decide to undertake. (o) ETFguide.com shall not be held liable for any absence of material on its Website or for data calculation errors. (p) ETFguide.com does not make any guarantees, warranties or representations about the performance of its ETF portfolios or that subscribers are likely to achieve profits or losses similar to those shown. Past performance does not indicate or guarantee future results. (q) ETFguide’s portfolios do not constitute a solicitation of investment services, advice or a solicitation to buy/sell ETFs or other securities. (r) Read the prospectus for information on investment objectives, risks, charges, expenses, and other important data. ETFguide.com encourages subscribers to use educational resources provided by the Securities and Exchange Commission (SEC) www.sec.gov and the Financial Industry Regulatory Authority (FINRA) www.finra.org.

4.0 Code of Conduct

Customer agrees not to reproduce, distribute, sell, publish, broadcast, or circulate any information, research, charts, website pages or drawings received through us to anyone without our prior written consent. You may not post any content from this website, our newsletter, email alerts, message boards, reports, and all other content we offer to news groups, mail lists or electronic bulletin boards, or to other individual(s) or parties without prior written consent. Subscriptions are provided on an individual basis. No pass code sharing is allowed, unless permission is granted in writing by ETFguide.com. The subscription website is monitored closely to watch for any unauthorized use. At anytime, ETFguide.com may cancel the membership, with or without cause, or notification if a violation of this agreement is suspected and no refund will be given. While visiting the Website, you agree not to: Restrict or inhibit any other visitor or member from using any product or service, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of the ETFguide.com Website; Use any product or service for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted); Engage in spamming; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of ETFguide.com; Remove any copyright, trademark, or other proprietary rights notices contained at ETFguide.com; “Frame” or “mirror” any part of the ETFguide.com without prior written authorization; Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of any product or service or its contents; Harvest or collect information about visitors to or members of ETFguide.com without their express consent; or Permit anyone without an account or subscription to use any product or service through your subscription, user name or password.

5.0 Assignment or Transfer

ETFguide.com controls all services provided under these terms and conditions and the customer may not transfer or assign the use of services with out the express written consent of ETFguide.com. Consent shall be ETFguide.com’s sole discretion.

6.0 Subscription Rates, Special Offers, and Renewals

ETFguide.com reserves the right to modify its subscription fees and services at any time, as well as the terms and conditions under which they apply. All annual subscriptions automatically renew in 12 months, unless applicant indicates otherwise by contacting information@etfguide.com and opting out of this feature. Likewise, all monthly subscriptions automatically renew on a monthly basis unless applicant opts out of this feature. Also, our promotional offers of $1 dollar for the first month automatically renew every month at the regular price unless the subscriber specifically opts out. ETFguide does not provide pro-rated refunds or allow for premature cancellation for subscribers that use promotional offers or discounts to any of its subscription services.

7.0 Cancellation of Subscription

Applicant may cancel their annual subscription at any given time via mail, e-mail (information@etfguide.com) or phone, if such action does not conflict with section 6.0 of the said terms of agreement. Upon cancellation of an annual subscription, the authorized user will receive a pro-rated refund based on the unused portion of the subscription. A $10.00 processing fee will apply for termination within 30 days of sign up. Applicant may cancel their monthly subscription at any time after a 3-month commitment period from date of sign up. ETFguide does not provide pro-rated refunds for monthly subscriptions under any circumstances. PLEASE NOTE THAT UNSUBSCRIBING FROM ANY OF ETFguide’s E-MAIL COMMUNICATION (free newsletter or e-mail updates) DOES NOT CONSTITUTE A CANCELLATION, it merely removes the e-mail address from the database.

8.0 Disclaimer of Warranties & Other Disclosures

Except as these terms and conditions state, ETFguide.com and its affiliates expressly make no express or implied warranties about its services and disclaims the implied warranties of title, merchantability, or fitness for a particular purpose. ETFguide does not authorize anyone to make a warranty on ETFguide’s behalf and subscriber may not rely on any statement of warranty as coming from ETFguide.com or its affiliates. At any given moment, ETFguide’s Editor, contributors, and owners may or may not have positions in specific exchange-traded funds mentioned in the subscription service.

9.0 Force Majeure

ETFguide.com shall not be held liable for any failure of performance hereunder, if such failure is due to any cause or causes beyond ETFguide.com’s reasonable control. Such causes shall include, without limitation, acts of God, fire, explosion, vandalism, terrorism, natural disaster, cybertheft, or other similar occurrence, or any law, order, regulation, direction, action, or request by the U.S. or other government, civil, or military authority, national emergencies, insurrections, riots, wars, labor strife, or supplier failures. ETFguide.com will be excused from performance during the period of such interference, provided that ETFguide.com uses all reasonable efforts available to avoid such event. If delaying of service occurs for more than 45 business days, customer or ETFguide.com may terminate the affected service. This section shall not operate to excuse the payment of money.

10.0 Indemnification; Governing Law; Jurisdiction:

You agree to defend, indemnify, and hold us, our employees, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, expenses (including attorneys fees), in connection with or arising from your breach of this Agreement. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. As an implied condition of use of the services provided, ETFguide has the sole right to choose the proper forum and/or jurisdiction for any proceeding and may, at its own option, require each party to submit to alternative forms of dispute resolution such as determined necessary and/or desirable by the company.

YOU AGREE THAT IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS LEGAL AGREEMENT, THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ETFguide.com FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SUBSCRIPTION SERVICES OR ANY SERVICE OFFERED BY THE ETFguide.com WEBSITE.

>> TERMS & CONDITIONS OF USE (Portfolio Report Card)

This Terms of Use Agreement sets forth the agreement between ETFguide, LLC and each user (“you”) governing the use by you of this Internet site, ETFguide.com (the “Site”). Please read the terms and conditions set forth herein carefully before using the site. If you do not agree to these terms and conditions you may not access or otherwise use this Site, and you must exit this Site immediately. By connecting to and using this Site, you are indicating that you are 18 years of age or older and acknowledging that you have read and accepted these terms and conditions. Your access to and use of this Site is subject to your compliance with all the terms and conditions set forth herein.

1.0 Definitions, Limits, Rules, and Trademarks

The Portfolio Report Card provides an independent financial opinion of your investment portfolio and should not be construed as investment advice or an offer to buy or sell securities. By using the Portfolio Report Card service you acknowledge and understand ETFguide is not rendering personalized financial or investment advice. By submitting your data to us, you agree to share your information with ETFguide and its portfolio analyst affiliates in order to complete your Portfolio Report Card. If you don’t share your data, you don’t get Portfolio Report Card grade.

ETFguide does not analyze or grade investment portfolios with a value less than $100,000.  If your portfolio is less than $100,000 and you still want to receive a Portfolio Report Card, a $250 grading fee may apply.

ETFguide reserves the right to use your Portfolio Report Card score and data – without personally identifying you – for educational purposes on its Website and syndicated partner sites. When you participate in ETFguide’s Portfolio Report Card program, you agree to and are bound by these terms. ETFguide doesn’t not make any warranties or guarantees about its Portfolio Report Card system whatsoever.

To receive the $100 for an “A” grade, a person must submit one-year of documented portfolio data to their portfolio grader. If the portfolio data submitted to ETFguide is contained in an Excel spreadsheet or another program, documented proof that the account currently exists and has existed for a least one-year is required. ETFguide reserves the right to refuse $100 payment for undocumented portfolios or ones that don’t meet its grading standards. ETFguide does not grade fictitious or back-tested portfolios. Also, ETFguide’s reserves the right to refuse issuing a Portfolio Report Card for anyone or any portfolios that don’t qualify based upon its established guidelines

The Portfolio Report Card name is a registered trademark owned by ETFguide, LLC.

>> TERMS & CONDITIONS OF USE (Investment Advice)

1.0 Definitions, Limits, and Rules

As a paid subscriber of ETFguide, LLC, you are bound by the terms and conditions of this subscriber agreement. If you do not agree with these terms and conditions, you are free to unsubscribe or avoid subscribing in the first place.

You acknowledge and accept the following:

1) All payments made to ETFguide for its investment advice services are strictly limited to the following services:  a) access to ETFguide’s portfolio data research, and b) access to ETFguide’s network of third-party financial advisors who provide you with personalized investment advice.

2) The first year of your subscription to ETFguide’s investment advice services requires a 1-year annual contract at the current monthly rate of $29.99. Thereafter, your service automatically converts to a month-to-month agreement. Our money back guarantee is only provided during the first 7-days of your subscription and thereafter you are bound to a 1-year contract, even if you decide not to use the service.

2) Your monthly subscription fee is strictly limited to the following investment services:

• Helping you to establish a written investment policy statement
• Personalized asset allocation advice related to your core investment portfolio
• Assistance with core portfolio implementation and periodic rebalancing
• Ongoing support of 2 hours per year of phone, online or video conferencing access to a financial advisor (you may pre-pay for more time at your full discretion, for an additional fee of $125 per hr.)
• Ongoing support for a maximum of (4) core investment portfolios including traditional IRA, Roth IRA, 401(k) plan, taxable brokerage and trust account (you may purchase advice to cover additional investment portfolios that exceed the limit of 4)
• Storing your investment policy statement, your portfolio data, and your unique investor profile

3) Not covered in your subscription fee are the following investment services:

• Day-to-day hands-on management of your investment portfolio
• Financial planning, estate planning, or tax preparation
• Tactical investment advice related for non-core investments like long/short strategies, sector investing, options trading, or stock picking

4) The delivery of investment advice comes from a third-party financial advisor who assumes suitability and is responsible for the actual investment advice being rendered to you. ETFguide is not a licensed financial advisor and is not in the business of rendering investment advice, nor does ETFguide recommend a specific financial advisor for hire.

5) ETFguide does not make any warranties as to the qualifications or disciplinary history of the advisors that provide investment advice.

6) ETFguide’s data and analysis are provided “as is” and without warranty or guarantees of any kind. ETFguide and its employees or third-party advisors shall not have any liability for any loss sustained by anyone who has relied on the information published by ETFguide. No portfolio data or research offered by ETFguide shall be construed to be investment advice or a solicitation to buy or sell securities.

7) ETFguide and it’s owners, employees, and partners may have positions in the securities discussed and may purchase or sell such securities without notice.

8) ETFguide makes every attempt to provide accurate information, but errors may occasionally happen and when this happens we will make an effort to rectify the error ASAP.

9) Distribution or sharing of your personal data without ETFguide’s authorization is strictly prohibited and may result in suspension or closure of your account.

10) ETFguide does not guarantee the financial advisor assigned to help you will have a professional desigation like CPA, CFA, or CFP.

You may conduct a background check on the financial advisor helping you at Finra.org or at SEC.gov.

>> TERMS & CONDITIONS OF USE (General)

This Terms of Use Agreement sets forth the agreement between ETFguide, LLC and each user (“you”) governing the use by you of this Internet site, ETFguide.com (the “Site”). Please read the terms and conditions set forth herein carefully before using the site. If you do not agree to these terms and conditions you may not access or otherwise use this Site, and you must exit this Site immediately. By connecting to and using this Site, you are indicating that you are 18 years of age or older and acknowledging that you have read and accepted these terms and conditions. Your access to and use of this Site is subject to your compliance with all the terms and conditions set forth herein.

>> IMPORTANT LEGAL INFORMATION & RISK STATEMENT

The information provided by this Site has been prepared by ETFguide, LLC for information purposes only. Neither the information nor any opinions contained or expressed in the Site constitutes or should be construed as a solicitation or offer by ETFguide, LLC or its affiliates to buy or sell any securities or other financial instruments or to provide any investment advice or recommendations.

The information in the Site is descriptive of specific securities or other financial instruments that may not be available to or suitable for you. Furthermore, the opinions expressed in the Site do not constitute investment advice and should not be construed to be a warranty or guarantee of a return on an investment.

The information in this Site is directed at, and is intended for distribution to, and use by, persons in the United States only. As such, Site content is not intended for distribution to or for use by, any person in any other jurisdiction. Access to the information contained in this Site may be restricted by laws or regulations applicable to you. None of the services or investments referred to in the Site are available, and prospectuses in respect of them will not be distributed to persons resident in any state or territory where such distribution would be contrary to local law or regulation. It is your responsibility as the user to be informed of and to observe all applicable laws.

>> COPYRIGHT & TRADEMARK NOTICES

The text, graphics, design, interviews, and other content available through this Site, as well as the arrangement, are property of ETFguide, LLC or its licensors and are protected by United States and international copyright and other intellectual property laws. Unless otherwise specified, the content displayed on this Site are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, re-publish, circulate, license, transfer, create derivative works from, or sell the content from this Site to any entity or person without the express written consent of ETFguide, LLC. You may not post any content from this Site to any chat rooms, newsgroups, mail listings, electronic bulletin boards, and the like without the express written consent of ETFguide, LLC.

All rights to such materials are reserved to their respective copyright owners. Content received through this Site may be displayed and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Site to anyone, including but not limited to others in the same company or organization, without the express prior written consent of ETFguide, LLC. You may not post any content from this Site to newsgroups, mail lists, chat room, or electronic bulletin boards without the prior written consent of EFS. You agree not to reproduce (except as provided above), modify, distribute, replicate, commercially exploit or create derivative works of any portion of the Site or material thereon.

The ETFguide name and logo are trademarks of ETFguide, LLC. Furthermore the ETFguide brand and product name represent the creativity and ingenuity that ETFguide, LLC has put into making quality products and services. As such, significant steps are taken so that users can easily identify and differentiate the ETFguide brand from the products and services of other companies.

All other trademarks and service marks that appear or are referenced on this Site are the property of their respective owners.

>> LINKS TO OTHER WEBSITES

Any links to other Sites contained within ETFguide.com have not been developed, checked for accuracy, or otherwise reviewed by ETFguide, LLC, and neither such content nor the operators of any site to which ETFguide.com might link are endorsed by or affiliated with us unless otherwise indicated. Furthermore, ETFguide, LLC is not liable for damages and/or loss as a result of any delays, omissions, or defects that may exist in the services, information, or other content provided in Sites to which ETFguide may link, whether actual, alleged, consequential, or punitive. Leaving ETFguide.com is done at your own will and risk. ETFguide, LLC makes no guarantees or representations as to, and shall not be held liable for, any content delivered by any third party, including without limitation, the accuracy, quality, timeliness, or subject matter of such content.

>> ACCESS TO SITE

You agree to use this Site only for lawful purposes, and that you are responsible for your use of the Site. You further agree that you will not access by any means except through the interface provided by ETFguide.com for access to the Site. You agree that you will not deep-link to pages on this Site and that, in the event that you provide any link to this Site from another Internet site, such link will be only to the home page of this Site. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not ETFguide, LLC and its affiliates, are responsible for compliance with applicable local laws.

You agree that ETFguide.com may terminate or suspend your access to all or part of this Site, without notice, for any conduct that ETFguide, LLC at its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, our company or its affiliates.

>> SITE PRIVACY

ETFguide respects the privacy of its visitors. To that end, we take the burden of protecting personal information you may provide via the Site very seriously. When you visit this Site, you are not required to provide any personal information on this Site unless you choose to do so. Our web server will recognize the domain name from which you are accessing this Site and certain other technical facts (such as the operating system and web browser that you are using), but not your e-mail address or other personally identifying information. We currently do not use any “cookie” technology on this Site. If we add any cookies in the future, we will change this notice to explain how such cookies are used.

When you click on links (including advertising banners, if any), which take you to Internet sites not operated by ETFguide.com, you will be subject to privacy policies of the operators of such other sites. While we support the protection of privacy on the Internet, ETFguide.com expressly disclaims any and all liability for the actions of third parties, including without limitation actions relating to the use and/or disclosure of your personal information by third parties. Third party advertisers may place cookies on user computers from banner ads that appear on the Site.

This privacy policy is subject to change. In the event of any change, we will provide notice of such change on this page. See our privacy policy for further detail.

>> BUSINESS & TECHNOLOGY PARTNERS

ETFguide, LLC has established business relationships with a wide range of companies including advertisers, banks, distribution channels, investment brokers, fund companies, and many others. We do not intend to list them all, and the line-up of companies will change from time to time. As a general rule, advertisements, listings, and sponsorships posted on ETFguide.com are paid ads.

>> SECURITY OWNERSHIP DISCLOSURE & TRADING RESTRICTIONS

When an ETFguide writer publishes data about a security that he or she owns or has beneficial interest in, that fact is disclosed at the end of the article.

In addition to the above disclosure requirements, all ETFguide writers are governed by the below guidelines and restrictions:

Must hold any security they own for at least 30 days. (No day trading permitted)
Cannot write about a security in the period of five days before and five days after purchasing or selling the security.
Cannot trade based on any knowledge they may have about articles yet to be published about the security.
Must notify ETFguide every time they buy or sell a security, regardless of whether they have written about it.

>> DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

ALL INFORMATION IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND

All data provided by ETFguide.com is based solely upon research information provided by third party providers and proprietary investment research. ETFguide, LLC has not reviewed, and in no way endorses the validity of such data. ETFguide, LLC shall not be liable for any actions taken in reliance thereon. All information provided “as is” for informational purposes only, not intended for trading purposes or advice. Neither ETFguide.com nor any of independent providers is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein. By accessing the ETFguide.com site, you agree not to redistribute the information found therein.

ETFguide, LLC and its content licensors do not warrant the accuracy of the materials provided herein, either expressly or impliedly, for any particular purpose, and expressly disclaim any warranties of merchantability or fitness for a particular purpose. Although the information provided to you on this Site is obtained or compiled with reasonable care from sources we believe to be reliable to ensure that the information contained herein is not untrue or misleading at the time of publication, ETFguide.com cannot and does not warrant the accuracy, validity, timeliness or completeness for any particular purpose of any data or other information made available to you, including without limitation any information relating to the prices, tax, cost basis, or investment benefits or other attributes of exchange-traded funds or any other investments. Neither ETFguide.com nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any party involved in compiling, interpreting, reporting, delivering or making available to you this Site or the information or other data contained herein, or from any other cause relating to your access to, inability to access, or use of or reliance upon this Site or the information or other data contained herein, whether or not the circumstances giving rise to such cause may have been within the control of ETFguide.com, its affiliates, directors, officers or employees, or any vendor providing software or services support. Neither ETFguide.com nor any of its affiliates, directors, officers or employees will be responsible for any decisions made or actions taken in reliance upon, or any errors or omissions resulting from, the use of the information provided by this site. Nor will ETFguide.com, its affiliates, directors, officers or employees be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this Site or any liability incurred for infringement of any intellectual property rights that results from use of this site. In no event will ETFguide.com, its affiliates, directors, officers or employees be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if ETFguide.com or any other party have been advised of the possibility thereof. All opinions expressed in interviews and by guest contributors are not necessarily those of ETFguide, LLC and/or, other sponsors or affiliates.

>> GENERAL

ETFguide, LLC reserves the right to make any and all changes to this Site at its sole discretion without notice. This Terms of Use Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided, however, that in the event of a conflict between such other terms and the terms of this Terms of Use Agreement, the terms of this Terms of Use Agreement shall control. This Terms of Use Agreement has been made in California and shall be construed and enforced in accordance with California law. Any action to enforce this Terms of Use Agreement shall be brought in the federal or state courts located in California. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. ETFguide, LLC  / PO Box 130517 / Carlsbad, CA 92013


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