Terms of Service

Example Campaigns 2018-01-24T07:07:04+00:00
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Please review our Terms of Service carefully. By accessing or using one or more of Elevated Strategies, LLC's Services or any affiliated company, you accept the terms of this Agreement and it becomes a legally binding commitment between you and Elevated Strategies, LLC. If you do not agree with any part of the agreement or if you do not intend to use the services in accordance with these terms, you may not access, use, or do any business with Elevated Strategies, LLC. You should leave this website immediately by closing your internet window.
General Terms

The following terms apply to these Terms of Service ("Terms"), Privacy Policy, and to any or all Agreements or aspects of business with Elevated Strategies, LLC. These Terms govern all use of our Services, including but not limited to website use, offerings, consulting, marketing, and other services (collectively "Services").

"Customer", "Facility", "Client", "You", and "Your" refers to you, the person accessing and/or using Elevated Strategies' Services. By accessing and/or using our Services, you accept the Company's terms and conditions and you represent you have reached the age of majority for where you live or you have had a parent or legal guardian consent to be bound by these Terms.

"The Company", "Ourselves", "We" and/or "Us", refers to Elevated Strategies, LLC, and any affiliated companies ("Elevated Strategies").

"We", "Party", "Parties", and/or "Us", refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Terms of Service

We reserve the right to change these Terms from time to time, and any revised Terms will supersede prior versions. Any updates to these Terms shall be posted on this website. Unless indicated otherwise, they will be effective on the date listed at the top of the Terms. You acknowledge your responsibility to review our Terms from time to time and to be aware of any such changes. By continuing to use any of Elevated Strategies' Services after we post any such changes, you accept the revised Terms.

1. Terms

By doing business with Elevated Strategies, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using our Services or accessing this site.

The materials contained in this website are protected by applicable copyright and trademark law.

2. Services

When we refer to our Services in the Terms, we are referring to any of our services, including but not limited to our platform, programs, features, websites, account portals, customer service, marketing support, consultation services, interfaces, and technical support. The Terms apply equally to any white label or rebranded version of Elevated Strategies' Services.

Unless explicitly stated otherwise, any new services or features that augment or enhance the current Service shall be subject to this Agreement.

3. Service Availability & Deliverability

Elevated Strategies' Services may or may not be available in all countries or regions of the world. By using our Services, you agree that you are using our Services in accordance with any applicable governing laws.

We transmit messages initiated by you or sent to you by others through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software, and communications equipment needed to access the Services and for paying all access charges (e.g., Internet Service Provider, telecommunications) incurred while using the Services.

Elevated Strategies only provides that the Services are processed correctly and further transmitted by us to the applicable network. Elevated Strategies is not responsible for the final delivery of any communication initiated through use of our Services. Final delivery is out of our control and is the responsibility of downstream communications carriers.

Elevated Strategies transmits and receives text messages via other major telecommunications companies and mobile network operators, and thus Elevated Strategies' influence over the timing of the transmission of your messages and broadcasts is only within the technical constraints imposed upon us. While Elevated Strategies shall use commercially reasonable efforts to transmit your messages to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system related factors among the various entities involved in the transmission of your messages across the Internet. You should know that communications carriers assign text messages with a default lifetime and any message that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Elevated Strategies is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Elevated Strategies for any such non deliveries. Furthermore, you agree that message content is deemed to have zero value.

4. Your Account

Before you can use our Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. Prior to usage, you must create an account and provide us with some basic information, such as your full name, telephone number, billing address, and email address. All information that you provide about yourself while maintaining an Elevated Strategies account must be accurate, complete, and current.

You are solely responsible for all use (whether authorized or not) of our Services under your account(s). You are also solely responsible for all access to and use of your account, and for all acts and omissions of anyone that has access to it.

You are responsible for maintaining the confidentiality of your password. You agree to take all reasonable precautions to prevent unauthorized access to or use of our Services, and you will notify us promptly of any unauthorized access or use. Additionally, you agree to notify Elevated Strategies of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. We will not be liable for any loss or damage arising from unauthorized use of your account.

Any suspected fraudulent, abusive, or otherwise illegal activity related to our Services may be grounds for suspension or termination of your user account, in Elevated Strategies' sole discretion, and you may be reported to appropriate law-enforcement agencies.

5. Use License

Elevated Strategies grants you a limited, revocable, non-exclusive, non-transferable license to use the Services for your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement.

You agree not to resell the Services. You may not modify, reverse engineer, decompile or disassemble the Services.

You may not copy, adapt, alter, modify, translate, or create derivative works of the Services without written authorization of Elevated Strategies.

You may not use the Services for illegal purposes.

You may not permit other individuals to use the Services, including, but not limited to, shared use via a network connection, except under the terms of this Agreement.

You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services.

You may not circumvent or disable any technological features or measures in the Services for protection of intellectual property rights.

You may not use the Services in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. Any such forbidden use shall immediately terminate Your license to the Services.

6. Disclaimer

The materials on Elevated Strategies' website are provided on an 'as is' basis. Elevated Strategies makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Elevated Strategies does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

7. Limitations

In no event shall Elevated Strategies or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Elevated Strategies' website, even if Elevated Strategies or an Elevated Strategies authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

8. Accuracy of materials

The materials appearing on Elevated Strategies' website could include technical, typographical, or photographic errors. Elevated Strategies does not warrant that any of the materials on its website are accurate, complete or current. Elevated Strategies may make changes to the materials contained on its website at any time without notice. However Elevated Strategies does not make any commitment to update the materials.

9. Links

Elevated Strategies has not reviewed all the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Elevated Strategies of the site. Use of any such linked website is at the user's own risk.

10. Cookies

We use cookies to make interactions with the Elevated Strategies' website easy and meaningful. When you visit one of the Company's Websites, our servers send a cookie to your computer. Standing alone, cookies do not personally identify you. They merely recognize your web browser. Unless you choose to identify yourself to us, either by responding to a promotional offer, opening an account, or filling out a web form (such as a "Sign Up" web form), you remain anonymous to the Company.

There are two types of cookies: session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer.

If you have chosen to identify yourself to us, the Company uses session cookies containing encrypted information to allow the Company to uniquely identify you. Each time you log into the Service, a session cookie containing a unique identifier that is tied to your account is placed on your browser. These session cookies allow the Company to uniquely identify you when you are logged into the Service and to process your online transactions and requests. Session cookies are required to use the Service and the Company does not recognize do not-track requests with respect to Session cookies.

We use persistent cookies that only the Company can read and use to identify browsers that have previously visited the Company's Websites. When you purchase the Service or provide the Company with personal information, a unique identifier is assigned you. This unique identifier is associated with a persistent cookie that the Company places on your Web browser. The Company is especially careful about the security and confidentiality of the information stored in persistent cookies. For example, the Company does not store account numbers or passwords in persistent cookies. If you disable your Web browser's ability to accept cookies, you will be able to navigate the Company's Web sites, but you will not be able to successfully use the Service. You may set most browsers to notify you if you receive a persistent cookie, or you may choose to block persistent cookies with your browser. Additionally, we will not place persistent cookies on any computer where the browser provides a "do-not-track" signal. However, if your settings block cookies and tracking, you may not be able to take advantage of the personalized features enjoyed by other users to our Site.

We may use information from session and persistent cookies in combination with Data about our Customers to provide you with information about the Company and the Service.

11. Children

Elevated Strategies is not a website intended for use for anyone age eighteen (18) years of age or younger. We do not intend to collect any personally identifiable information from these individuals, at any time, unless otherwise stated at the time of the collection of such information.

12. Legal Action

If requested, we may disclose information about our users including personally identifiable information and/or the messages that they have transmitted under these terms:

• Requests made by governmental or persons of legal authority conducting an investigation;

• Requests made via subpoena, court order or other legal process;

• In order to verify or enforce compliance with the policies governing our Website and applicable laws; or

• For protection against misuse or unauthorized use of our Website. We also may disclose user information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of our users.

13. Usage Policy

Your usage of Elevated Strategies' Services must comply with all State and Federal laws as well as all applicable guidelines to which the Services apply. In order to confirm your compliance with these Terms, so as to ensure that Elevated Strategies is complying with National and International laws, we may, from time to time, periodically check the messages that you send. In addition, Elevated Strategies reserves the right to add a maximum of three (3) Elevated Strategies' recipient phone numbers to your account in order to monitor messages as needed. The messages sent to these recipients are paid for by the customer.

When accessing or using the Elevated Strategies site, API, and/or any interfaces, or by engaging in business with us in any way, you represent and warrant that the owners of the phone numbers you provide to us, to which any type of outbound messages are sent through the Service, have consented or otherwise opted-in to the receipt of such messages. You acknowledge and agree that you will send messages only to individuals who have given you their express permission to be contacted and you will update your contacts list immediately in order to remove any phone number that has opted-out from receiving messages or from the Service. Elevated Strategies assumes no responsibility and/or liability for messages of any kind that are sent to individuals who have not opted-in to your messages.

Clients have the ability to remove mobile numbers for any of your customers who have opted-out. Elevated Strategies maintains an opt-out list that restricts our Customers from adding a mobile number to their list that has been previously opted-out, and a Global opt out list. If we suspect a violation of our Terms of Service, we will contact you and discuss the options, which may range from a warning, to termination of service. To the best of our knowledge, our system adheres to ALL state and national laws regarding sending unsolicited bulk / group text messages.

Without limiting the foregoing, you agree to familiarize yourself and abide by all applicable local, State, National and International laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages transmitted through Elevated Strategies. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, and campaigns transmitted through Elevated Strategies by visiting the following websites:

• Federal Trade Commission, http://www.ftc.gov

• Federal Communications Commission, http://www.fcc.gov

• DoNotCall Registry Info, http://www.donotcall.gov

The Telephone Consumer Protection Act (TCPA) (http://www.fcc.gov), the Federal Trade Commission (http://www.ftc.gov), the Federal Communications Commission (http://www.fcc.gov), DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls.

Elevated Strategies is in no way attempting to interpret the TCPA of 1991 or any other laws, rules or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages and campaigns prior to using the Website or Service. You are ultimately responsible to make your own informed decisions regarding your messages and campaigns.

You further agree that any individual requesting opt-out status shall immediately be placed on your opt-out accounts list and removed from your list of approved contacts used with the Services.

You shall schedule messages and/or campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the Website or Service.

You accept that the Services are provided for professional use only, and you agree that your use of our Services shall not include:

• Sending unsolicited marketing messages (i.e. spam);

• Harvesting, or otherwise collecting information about others, without their consent;•Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;

• Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;

• Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;•Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;

• Interfering with, or disrupting, networks connected to the Service or violating the regulations, policies or procedures of such networks;

• Attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;

• Interfering with another's use and enjoyment of the Service or Website; or•Engaging in any other activity that Elevated Strategies believes could subject it to criminal liability or civil penalty/judgment.

When accessing or using the Elevated Strategies site, API, and/or any interfaces, or by engaging in business with us in any way, you agree that Elevated Strategies is, under no circumstances, responsible for the contents and/or accuracy of your messages and Elevated

Strategies will only transmit them on a basis of good faith that you use the Service in accordance with these Terms.

Elevated Strategies will not be liable for any misuse of the Service by you. Elevated Strategies is not responsible for the views and opinions contained in any of your messages or broadcasts.

We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Service, including the web pages that are part of the Service and the Website. Except as expressly provided in these Terms, the availability of the Service and such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Website are the sole property of Elevated Strategies or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not modify, alter, create any derivative works, reverse engineer, decompile or disassemble any portion of the Service or Website, including any proprietary communications protocol used by the Service or Website.

You agree that you will include clear opt-out/unsubscribe information on at least every third text message you send through Elevated Strategies software systems and that your messages and advertising conform to all applicable guidelines we are subject to. It is your sole responsibility to ensure any opt-out/unsubscribe messages are processed and honored so that consumers who choose to opt-out do not receive further text messages from you.

14. No spam and consent to damages

Elevated Strategies will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can

cause harm to Elevated Strategies (and our User base) in numerous ways including, but not limited to, damaging the Elevated Strategies brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. Elevated Strategies retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by Elevated Strategies; then you agree to pay Elevated Strategies liquidated damages of $5.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your Elevated Strategies account; otherwise, you agree to pay Elevated Strategies' actual damages, to the extent such actual damages can be reasonably calculated by Elevated Strategies.

15. User Warranties; Indemnification

You warrant and represent to Elevated Strategies that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder and that nothing contained in these Terms or in the performance of these obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules, and regulations with regard to your use of the Elevated Strategies Services, including, without limitation, the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. 227, the Federal Trade Commission's Telemarketing Sales Rule including the August 2008 Amendment at 16 CFR Part 310, , the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing.

You agree to indemnify and hold harmless Elevated Strategies and our affiliates, as well as each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers, and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs, and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements, and attorneys' fees, including attorneys' fees incurred from counsel selected by Elevated Strategies in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action based upon or arising out of your activities under these Terms or your acts or omissions in connection with any use by you, an account belonging to you, or a computer under your control, of the Elevated Strategies Services. You acknowledge and agree to be held liable for any and all damages caused to Elevated Strategies by you as a direct result of any violation of local, state, national, or international laws or regulations, including, but not limited to, those damages arising from your fraudulent, intentional, or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing, and/or services provided by Elevated Strategies to you.

You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and in which we would otherwise subject to indemnification by you. You will also be liable to us for any costs and attorneys' fees we incur to successfully establish or enforce our right to indemnification under this Section.

16. Pricing, Charges, Billing, & Fees

Elevated Strategies bills/counts SMS message segments based on the industry standards for SMS segmentation. Depending on the language and characters you are sending, SMS text message segments are limited to either seventy (70) or one hundred-sixty (160) characters in length. Elevated Strategies' website application will allow up to four hundred-eighty (480) characters in the message window, and it will be billed and segmented based on the industry standards. The Elevated Strategies' website provides a character count in the message dialogue box to assist its customers in estimating text message length. While we strive to provide an accurate character count for our Customers, sometimes, non alpha/numeric, US-English characters (i.e., emojis, carriage returns) translate to more than one character, and may not accurately be represented in the on-screen, website count. Elevated Strategies' assumes no liability if such characters increase the message segment count, resulting in additional fees charged for the message.

In some circumstances, Clients may ask us to send a message on their behalf. Elevated Strategies will perform this service only if using language approved by you. These messages are limited to one thousand twenty-four (1024) characters in length and will be billed and segmented based on industry standards. You agree that if you request such Services, Elevated Strategies is, under no circumstances, responsible for the contents and/or accuracy of your messages and Elevated Strategies will only transmit them on a basis of good faith that you requested these Services in accordance with these Terms.

Amounts charged may include sales and other taxes, where applicable, carrier pass-through fees, and any other amounts indicated.

Your use of our Services is contingent on your paying for such use in the amounts, paying via credit card, ACH, and/or business check. If paying by credit card, you hereby authorize Elevated Strategies to charge your credit card as set forth in the Payment Method section of the Credit Card Authorization form. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by Elevated Strategies.

If any invoiced amount is not received by us by the due date, then without limiting our rights or remedies (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) we may suspend all Services.

You are responsible for paying for any message you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As Elevated Strategies is dependent on other entities for the delivery of your messages; our price per message may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time and without prior notice.

Elevated Strategies cannot readily or accurately ascertain your location when you request to use the Services. You therefore agree that your use of the Services occurs in Georgia and is subject to any applicable Georgia taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by us, you agree that you will pay them to any applicable taxing authority when due, including any interest or penalties assessed.

Elevated Strategies shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.

17. Fee Disputes

You must notify us in writing if you dispute any portion of any fees paid or payable by you under this Agreement. You must provide that written notice to us within ninety (90) days of the applicable charge, and we will work together with you to promptly resolve the applicable dispute. If you do not provide us with this written notice of your fee dispute within this 90- day period, you will not be entitled to dispute any fees paid or payable by you.

Should the dispute result in the need for Elevated Strategies to obtain legal counsel for any action or proceeding to enforce rights under these Terms, Elevated Strategies is entitled to recover costs and attorneys' fees if we substantially prevail.

18. Termination, Cancellation, and/or Suspension by Elevated Strategies

If you breach these Terms at any time, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any time and for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as one of our clients, your financial status, or the content of the messages or broadcasts originating from you.

Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and Elevated Strategies shall have no obligation to you after any termination or cancellation of these Terms.

The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of our Services.

19. Termination by You

You are free to terminate or cancel your use of the Services at any time, and for any reason. If your account contains contracted Services, including but not limited to: campaigns; consulting; marketing support; technical services; technical support; API integration, you must provide written cancellation notice five (5) days in advance of termination. Correspondence should be sent via overnight carrier to: Elevated Strategies, LLC, 3344 Peachtree Rd, NE, Unit 4503, Atlanta, GA 30326.

Notwithstanding the foregoing, unless due to a breach solely by Elevated Strategies that it fails to cure within thirty (30) days of its receipt of your notice, in no event shall Elevated Strategies be obligated to refund to you any moneys paid to Elevated Strategies.

20. Choice of Law

The enforceability and interpretation of Section 21 (Agreement to Arbitrate) will be determined in accordance with the Federal Arbitration Act, 9. U.S.C. 1-16, as amended (the "Federal Arbitration Act"), including its procedural provisions. Apart from Section 21 (Agreement to Arbitrate), the Terms shall be governed by and construed in accordance with the substantive law of the State of Georgia (subject to any applicable preemption or supersedence by U.S. federal substantive law) without regard to conflict of law principles that would cause laws of another jurisdiction to apply.

21. Agreement to Arbitrate

Most disputes can be resolved by contacting our Customer Support team. We strongly encourage you to reach out to them before you decide to bring a formal legal case.

21.1. We Both Agree to Arbitrate. If we are not able to successfully work together to resolve the dispute, you (and any of your affiliates) and Elevated Strategies all agree to resolve any dispute arising under these Terms (including our privacy policies) or any dispute relating to our Services by binding arbitration in Atlanta (Fulton County), Georgia.

This agreement to arbitrate applies to all claims under any legal theory, including any claim that requires the interpretation of this document, except for the exception below in subsection 21.2 (Exception to Agreement to Arbitrate). This agreement also continues to apply after you have stopped using our Services. If we have a dispute about whether this agreement to arbitrate can be enforced or whether it applies to the dispute, we all agree that the arbitrator will decide that as well.

In addition, if any of us brings a claim in court that should be arbitrated or if any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). Any of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

21.2. Exception to Agreement to Arbitrate. Anything in the foregoing paragraphs to the contrary notwithstanding, Elevated Strategies may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of these Terms. Moreover, you consent to the personal jurisdiction of these courts.

21.3. Arbitration Procedure. The Commercial Arbitration Rules of the American Arbitration Association ("Rules") then in effect shall apply to the arbitration, except to the extent that they conflict with any express provisions in this Section 21 (Agreement to Arbitrate).

A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. The arbitrator shall be a member of a state bar engaged in the practice of law in the United States or a retired member of a state or the federal judiciary in the United States. If the dispute is one to be decided by arbitration and such agreement cannot be reached within thirty (30) days after the dispute first arose, the selection of the arbitrator shall be made in accordance with the Rules as then in effect.

Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery.

The award of the arbitrator shall be based on the evidence admitted and shall contain an award for each issue and counterclaim. The award shall be made within thirty (30) days following the close of the final hearing and the filing of any post-hearing briefs authorized by the arbitrator. It shall set forth in writing the factual findings and legal reasoning for the award. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (but the foregoing is not intended to limit Elevated Strategies' access to the courts to the extent provided in subsection 21.2). The arbitrator may not change, modify, or alter any express condition, term, or provision of these Terms.

Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties, and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. The statute of limitations applicable under Georgia law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder.

21.4. Recovery of Costs and Attorney's Fees. In any action or proceeding to enforce rights under these Terms, Elevated Strategies will be entitled to recover costs and attorneys' fees if we substantially prevail.

21.5. Class Action Waiver. Both you (and your affiliates) and Elevated Strategies agree that any claims or controversies between us must be brought against each other only on an individual basis. Neither you (and your affiliates) nor Elevated Strategies can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person or entity's claims into a single case and cannot preside over any class, consolidated, or representative proceeding (unless we agree otherwise). Moreover, the arbitrator's decision or award in one person or entity's case can only impact the person or entity that brought the claim, not other Elevated Strategies customers; it cannot be used to decide other disputes with other customers.

If a court decides that this subsection 21.5 (Class Action Waiver) is unenforceable or invalid, then the entire Section 21 (Agreement to Arbitrate) will be null and void. But the rest of the Terms will still apply.

22. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

22. Force Majeure

Elevated Strategies shall not be liable for any failure or delay in performing our obligations hereunder, if such failure or delay is caused act of God, such as earthquake, hurricane, tornado, flooding, or other natural disaster, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, illness, injury, death, or the inability to perform his/her functions of an Elevated Strategies' Partner, government sanction, blockage, embargo, failure of electrical service, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or internet facilities, governmental restrictions, any court order, compliance with any law, regulation, order of any governmental authority, or any other cause beyond the reasonable control of Elevated Strategies. In addition, we shall be so excused in the event that we are unable to acquire from our usual sources, and on terms we deem to be reasonable, any material necessary for the performance of our Services.

23. No Waiver

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Any waiver must be in writing and signed by both parties to be legally binding.

13. Usage Policy

Your usage of Elevated Strategies' Services must comply with all State and Federal laws as well as all applicable guidelines to which the Services apply. In order to confirm your compliance with these Terms, so as to ensure that Elevated Strategies is complying with National and International laws, we may, from time to time, periodically check the messages that you send. In addition, Elevated Strategies reserves the right to add a maximum of three (3) Elevated Strategies' recipient phone numbers to your account in order to monitor messages as needed. The messages sent to these recipients are paid for by the customer.

When accessing or using the Elevated Strategies site, API, and/or any interfaces, or by engaging in business with us in any way, you represent and warrant that the owners of the phone numbers you provide to us, to which any type of outbound messages are sent through the Service, have consented or otherwise opted-in to the receipt of such messages. You acknowledge and agree that you will send messages only to individuals who have given you their express permission to be contacted and you will update your contacts list immediately in order to remove any phone number that has opted-out from receiving messages or from the Service. Elevated Strategies assumes no responsibility and/or liability for messages of any kind that are sent to individuals who have not opted-in to your messages.

Clients have the ability to remove mobile numbers for any of your customers who have opted-out. Elevated Strategies maintains an opt-out list that restricts our Customers from adding a mobile number to their list that has been previously opted-out, and a Global opt out list. If we suspect a violation of our Terms of Service, we will contact you and discuss the options, which may range from a warning, to termination of service. To the best of our knowledge, our system adheres to ALL state and national laws regarding sending unsolicited bulk / group text messages.

Without limiting the foregoing, you agree to familiarize yourself and abide by all applicable local, State, National and International laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages transmitted through Elevated Strategies. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, and campaigns transmitted through Elevated Strategies by visiting the following websites:

• Federal Trade Commission, http://www.ftc.gov

• Federal Communications Commission, http://www.fcc.gov

• DoNotCall Registry Info, http://www.donotcall.gov

The Telephone Consumer Protection Act (TCPA) (http://www.fcc.gov), the Federal Trade Commission (http://www.ftc.gov), the Federal Communications Commission (http://www.fcc.gov), DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls.

Elevated Strategies is in no way attempting to interpret the TCPA of 1991 or any other laws, rules or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages and campaigns prior to using the Website or Service. You are ultimately responsible to make your own informed decisions regarding your messages and campaigns.

You further agree that any individual requesting opt-out status shall immediately be placed on your opt-out accounts list and removed from your list of approved contacts used with the Services.

You shall schedule messages and/or campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the Website or Service.

You accept that the Services are provided for professional use only, and you agree that your use of our Services shall not include:

• Sending unsolicited marketing messages (i.e. spam);

• Harvesting, or otherwise collecting information about others, without their consent;•Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;

• Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;

• Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;•Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;

• Interfering with, or disrupting, networks connected to the Service or violating the regulations, policies or procedures of such networks;

• Attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;

• Interfering with another's use and enjoyment of the Service or Website; or•Engaging in any other activity that Elevated Strategies believes could subject it to criminal liability or civil penalty/judgment.

When accessing or using the Elevated Strategies site, API, and/or any interfaces, or by engaging in business with us in any way, you agree that Elevated Strategies is, under no circumstances, responsible for the contents and/or accuracy of your messages and Elevated

Strategies will only transmit them on a basis of good faith that you use the Service in accordance with these Terms.

Elevated Strategies will not be liable for any misuse of the Service by you. Elevated Strategies is not responsible for the views and opinions contained in any of your messages or broadcasts.

We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Service, including the web pages that are part of the Service and the Website. Except as expressly provided in these Terms, the availability of the Service and such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Website are the sole property of Elevated Strategies or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not modify, alter, create any derivative works, reverse engineer, decompile or disassemble any portion of the Service or Website, including any proprietary communications protocol used by the Service or Website.

You agree that you will include clear opt-out/unsubscribe information on at least every third text message you send through Elevated Strategies software systems and that your messages and advertising conform to all applicable guidelines we are subject to. It is your sole responsibility to ensure any opt-out/unsubscribe messages are processed and honored so that consumers who choose to opt-out do not receive further text messages from you.

14. No spam and consent to damages

Elevated Strategies will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can

cause harm to Elevated Strategies (and our User base) in numerous ways including, but not limited to, damaging the Elevated Strategies brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. Elevated Strategies retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by Elevated Strategies; then you agree to pay Elevated Strategies liquidated damages of $5.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your Elevated Strategies account; otherwise, you agree to pay Elevated Strategies' actual damages, to the extent such actual damages can be reasonably calculated by Elevated Strategies.

15. User Warranties; Indemnification

You warrant and represent to Elevated Strategies that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder and that nothing contained in these Terms or in the performance of these obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules, and regulations with regard to your use of the Elevated Strategies Services, including, without limitation, the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. 227, the Federal Trade Commission's Telemarketing Sales Rule including the August 2008 Amendment at 16 CFR Part 310, , the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing.

You agree to indemnify and hold harmless Elevated Strategies and our affiliates, as well as each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers, and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs, and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements, and attorneys' fees, including attorneys' fees incurred from counsel selected by Elevated Strategies in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action based upon or arising out of your activities under these Terms or your acts or omissions in connection with any use by you, an account belonging to you, or a computer under your control, of the Elevated Strategies Services. You acknowledge and agree to be held liable for any and all damages caused to Elevated Strategies by you as a direct result of any violation of local, state, national, or international laws or regulations, including, but not limited to, those damages arising from your fraudulent, intentional, or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing, and/or services provided by Elevated Strategies to you.

You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and in which we would otherwise subject to indemnification by you. You will also be liable to us for any costs and attorneys' fees we incur to successfully establish or enforce our right to indemnification under this Section.

16. Pricing, Charges, Billing, & Fees

Elevated Strategies bills/counts SMS message segments based on the industry standards for SMS segmentation. Depending on the language and characters you are sending, SMS text message segments are limited to either seventy (70) or one hundred-sixty (160) characters in length. Elevated Strategies' website application will allow up to four hundred-eighty (480) characters in the message window, and it will be billed and segmented based on the industry standards. The Elevated Strategies' website provides a character count in the message dialogue box to assist its customers in estimating text message length. While we strive to provide an accurate character count for our Customers, sometimes, non alpha/numeric, US-English characters (i.e., emojis, carriage returns) translate to more than one character, and may not accurately be represented in the on-screen, website count. Elevated Strategies' assumes no liability if such characters increase the message segment count, resulting in additional fees charged for the message.

In some circumstances, Clients may ask us to send a message on their behalf. Elevated Strategies will perform this service only if using language approved by you. These messages are limited to one thousand twenty-four (1024) characters in length and will be billed and segmented based on industry standards. You agree that if you request such Services, Elevated Strategies is, under no circumstances, responsible for the contents and/or accuracy of your messages and Elevated Strategies will only transmit them on a basis of good faith that you requested these Services in accordance with these Terms.

Amounts charged may include sales and other taxes, where applicable, carrier pass-through fees, and any other amounts indicated.

Your use of our Services is contingent on your paying for such use in the amounts, paying via credit card, ACH, and/or business check. If paying by credit card, you hereby authorize Elevated Strategies to charge your credit card as set forth in the Payment Method section of the Credit Card Authorization form. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by Elevated Strategies.

If any invoiced amount is not received by us by the due date, then without limiting our rights or remedies (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) we may suspend all Services.

You are responsible for paying for any message you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As Elevated Strategies is dependent on other entities for the delivery of your messages; our price per message may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time and without prior notice.

Elevated Strategies cannot readily or accurately ascertain your location when you request to use the Services. You therefore agree that your use of the Services occurs in Georgia and is subject to any applicable Georgia taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by us, you agree that you will pay them to any applicable taxing authority when due, including any interest or penalties assessed.

Elevated Strategies shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.

17. Fee Disputes

You must notify us in writing if you dispute any portion of any fees paid or payable by you under this Agreement. You must provide that written notice to us within ninety (90) days of the applicable charge, and we will work together with you to promptly resolve the applicable dispute. If you do not provide us with this written notice of your fee dispute within this 90- day period, you will not be entitled to dispute any fees paid or payable by you.

Should the dispute result in the need for Elevated Strategies to obtain legal counsel for any action or proceeding to enforce rights under these Terms, Elevated Strategies is entitled to recover costs and attorneys' fees if we substantially prevail.

18. Termination, Cancellation, and/or Suspension by Elevated Strategies

If you breach these Terms at any time, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any time and for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as one of our clients, your financial status, or the content of the messages or broadcasts originating from you.

Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and Elevated Strategies shall have no obligation to you after any termination or cancellation of these Terms.

The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of our Services.

19. Termination by You

You are free to terminate or cancel your use of the Services at any time, and for any reason. If your account contains contracted Services, including but not limited to: campaigns; consulting; marketing support; technical services; technical support; API integration, you must provide written cancellation notice five (5) days in advance of termination. Correspondence should be sent via overnight carrier to: Elevated Strategies, LLC, 3344 Peachtree Rd, NE, Unit 4503, Atlanta, GA 30326.

Notwithstanding the foregoing, unless due to a breach solely by Elevated Strategies that it fails to cure within thirty (30) days of its receipt of your notice, in no event shall Elevated Strategies be obligated to refund to you any moneys paid to Elevated Strategies.

20. Choice of Law

The enforceability and interpretation of Section 21 (Agreement to Arbitrate) will be determined in accordance with the Federal Arbitration Act, 9. U.S.C. 1-16, as amended (the "Federal Arbitration Act"), including its procedural provisions. Apart from Section 21 (Agreement to Arbitrate), the Terms shall be governed by and construed in accordance with the substantive law of the State of Georgia (subject to any applicable preemption or supersedence by U.S. federal substantive law) without regard to conflict of law principles that would cause laws of another jurisdiction to apply.

21. Agreement to Arbitrate

Most disputes can be resolved by contacting our Customer Support team. We strongly encourage you to reach out to them before you decide to bring a formal legal case.

21.1. We Both Agree to Arbitrate. If we are not able to successfully work together to resolve the dispute, you (and any of your affiliates) and Elevated Strategies all agree to resolve any dispute arising under these Terms (including our privacy policies) or any dispute relating to our Services by binding arbitration in Atlanta (Fulton County), Georgia.

This agreement to arbitrate applies to all claims under any legal theory, including any claim that requires the interpretation of this document, except for the exception below in subsection 21.2 (Exception to Agreement to Arbitrate). This agreement also continues to apply after you have stopped using our Services. If we have a dispute about whether this agreement to arbitrate can be enforced or whether it applies to the dispute, we all agree that the arbitrator will decide that as well.

In addition, if any of us brings a claim in court that should be arbitrated or if any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). Any of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

21.2. Exception to Agreement to Arbitrate. Anything in the foregoing paragraphs to the contrary notwithstanding, Elevated Strategies may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of these Terms. Moreover, you consent to the personal jurisdiction of these courts.

21.3. Arbitration Procedure. The Commercial Arbitration Rules of the American Arbitration Association ("Rules") then in effect shall apply to the arbitration, except to the extent that they conflict with any express provisions in this Section 21 (Agreement to Arbitrate).

A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. The arbitrator shall be a member of a state bar engaged in the practice of law in the United States or a retired member of a state or the federal judiciary in the United States. If the dispute is one to be decided by arbitration and such agreement cannot be reached within thirty (30) days after the dispute first arose, the selection of the arbitrator shall be made in accordance with the Rules as then in effect.

Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery.

The award of the arbitrator shall be based on the evidence admitted and shall contain an award for each issue and counterclaim. The award shall be made within thirty (30) days following the close of the final hearing and the filing of any post-hearing briefs authorized by the arbitrator. It shall set forth in writing the factual findings and legal reasoning for the award. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (but the foregoing is not intended to limit Elevated Strategies' access to the courts to the extent provided in subsection 21.2). The arbitrator may not change, modify, or alter any express condition, term, or provision of these Terms.

Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties, and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. The statute of limitations applicable under Georgia law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder.

21.4. Recovery of Costs and Attorney's Fees. In any action or proceeding to enforce rights under these Terms, Elevated Strategies will be entitled to recover costs and attorneys' fees if we substantially prevail.

21.5. Class Action Waiver. Both you (and your affiliates) and Elevated Strategies agree that any claims or controversies between us must be brought against each other only on an individual basis. Neither you (and your affiliates) nor Elevated Strategies can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person or entity's claims into a single case and cannot preside over any class, consolidated, or representative proceeding (unless we agree otherwise). Moreover, the arbitrator's decision or award in one person or entity's case can only impact the person or entity that brought the claim, not other Elevated Strategies customers; it cannot be used to decide other disputes with other customers.

If a court decides that this subsection 21.5 (Class Action Waiver) is unenforceable or invalid, then the entire Section 21 (Agreement to Arbitrate) will be null and void. But the rest of the Terms will still apply.

22. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

22. Force Majeure

Elevated Strategies shall not be liable for any failure or delay in performing our obligations hereunder, if such failure or delay is caused act of God, such as earthquake, hurricane, tornado, flooding, or other natural disaster, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, illness, injury, death, or the inability to perform his/her functions of an Elevated Strategies' Partner, government sanction, blockage, embargo, failure of electrical service, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or internet facilities, governmental restrictions, any court order, compliance with any law, regulation, order of any governmental authority, or any other cause beyond the reasonable control of Elevated Strategies. In addition, we shall be so excused in the event that we are unable to acquire from our usual sources, and on terms we deem to be reasonable, any material necessary for the performance of our Services.

23. No Waiver

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Any waiver must be in writing and signed by both parties to be legally binding.

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