HP Instant Ink Terms of Service

v.7.23.13

ATTENTION: PLEASE READ THESE HP INSTANT INK TERMS OF SERVICE (“AGREEMENT”) AND THE DESCRIPTIONS OF THE HP INSTANT INK SERVICE SET FORTH IN THE “HOW IT WORKS” AND FAQ SECTIONS AT WWW.HPINSTANTINK.COM (“SERVICE DESCRIPTION TERMS”) CAREFULLY BEFORE PURCHASING THE HP INSTANT INK SERVICE (“SERVICE”). THIS AGREEMENT BETWEEN THE PURCHASER OF THIS SERVICE (“YOU”) AND HEWLETT-PACKARD COMPANY (“HP”) GOVERNS YOUR USE OF THE SERVICE. YOUR PURCHASE AND USE OF THE SERVICE INDICATE THAT YOU HAVE READ AND ACCEPT THIS AGREEMENT, INCLUDING THE OVERAGE FEES TERMS, THE REQUIREMENT OF INTERNET CONNECTIVITY FOR YOUR PRINTER , HP’S RIGHT TO INCREASE PRICING, AND THE CANCELLATION TERMS, AND AGREE TO BE LEGALLY BOUND BY THEM. THIS SERVICE IS FOR U.S. RESIDENTS ONLY. BY PURCHASING THE SERVICE, YOU REPRESENT TO HP THAT YOU ARE A U.S. RESIDENT AND WILL BE WHEN YOU USE THE SERVICE.

REMOTE MONITORING
Your purchase of the Service indicates Your authorization for HP to remotely monitor Your printer page count and Your ink status and usage to prevent unauthorized use of Your account and improve Your experience with HP products and services. Remote monitoring includes ink levels, page counts, types of documents printed (eg., Word, PowerPoint, pdf, jpeg, etc.), types of devices that initiated print jobs, printer serial number, and cartridge information (HP Original ink status, and whether new or used at the time of its last insertion into the printer). You agree to maintain connectivity to the Internet and to not remove or disable the remote monitoring software on Your printer. View full HP Privacy Statement

CONTACTING YOU
In addition to posting notices on the Service website, including but not limited to on Your Service account page, HP may contact You via email, texting, and messages on Your printer and computer to provide information about Your Service account and status.

SHARING OF PERSONAL INFORMATION
By purchasing the Service, You agree to allow HP to share Your personal information with third parties HP engages for the purpose of providing the Service. In addition, if you obtained a Service enrollment key from a retailer, by purchasing the Service, You agree to allow HP to share Your personal information with that retailer for use in its loyalty and marketing programs. For purposes of this paragraph, “personal information” includes Your name, shipping address, city, state, zip code, email, printer model and Service plan, date of Service registration, and retailer store where the Service enrollment key was distributed.

  1. AGREEMENT TO CONTRACT ELECTRONICALLY. Your purchase of the Service signifies Your agreement to contract electronically with HP. This means that when You click the button to complete Your purchase of the Service, You are agreeing to all of the terms in this Agreement with the intent of entering into a contract with HP. In addition, HP may communicate with You by e-mail, by text message or by posting notices on www.hpinstantink.com (“Site”), including but not limited to on Your Service account page (“Your Service Account Page”). You agree that all such notices, disclosures and other communications that HP provides to You electronically satisfy any legal requirement that such communications be in writing. Costs associated with Your maintaining an email account or text messaging capability are Your responsibility and are not included under the Service.
  2. CHANGES TO THIS AGREEMENT AND TO THE SERVICE. HP may modify this Agreement at any time in its sole discretion without prior notice to You by posting a notice of such modification on the Site. HP may also send to You at the email address or text message number listed on Your Service Account Page notifications of such modifications. Your continued use of the Service after the posting or sending of such notice will indicate Your acceptance of the modified Agreement. If You do not accept the Agreement as modified, do not use the Service and cancel it by following the directions in Section 15 below. HP, in its sole discretion, may refuse to provide the Service to You or cancel Your use of the Service, and may modify, suspend or discontinue the Service (or any version, part or feature thereof) without prior notice to You. Without limiting the foregoing, HP may change, including but not limited to increase, the pricing of the Service at any time; see Section 12 for additional details.
  3. SERVICE-COMPATIBLE HP PRINTER REQUIRED. In order to use the Service, You must have a Service-compatible HP printer. For a list of Service-compatible HP printers, see the Service Description Terms. HP may change Your printer’s software, firmware or programming remotely, without notice to You, in order to provide the Service to You or to comply with applicable laws. Any software or firmware that is downloaded to Your printer or otherwise provided to You to enable the Service is provided pursuant to the software licensing terms that accompanied Your printer or pursuant to the HP Connected terms of use as applicable, unless otherwise indicated.
  4. HP CONNECTED ACCOUNT AND SERVICE ACCOUNT REQUIRED; MULTIPLE PRINTERS IN SERVICE ACCOUNT. In order to purchase and receive the Service, You must create and maintain an HP Connected (or its successor) account (“HPC Account”). Within Your HPC Account, You will purchase the Service and Your Service account (“Service Account”) and Your Service Account Page will then be created and hosted in Your HPC Account. The details of Your Service Account will be displayed on Your Service Account Page. You may enroll multiple printers, up to a cumulative maximum of ten, under the Service in one or more Service Accounts. Regardless of whether Your multiple printers are under one or several Service Accounts, You will be billed separately for each printer. See Section 12 for billing details.
  5. PRINTER NEEDS TO BE CONNECTED TO INTERNET. In order to be able to use the Service in an uninterrupted manner, Your printer must be connected to the Internet; such Internet service is not provided by HP and must be separately obtained and paid for by You. Please check with Your Internet provider for information on possible Internet data usage charges and any other applicable charges. You are responsible for obtaining and maintaining, at your sole expense, all equipment and services needed to access and use the Service. If Your printer is not connected to the Internet and You reach the limit of Your Service Plan Pages (as described in Section 8), then the HP Original ink cartridges that HP provides to You for use with the Service (“Cartridges”) will be disabled and You will not be able to use them to print; however, You will continue to be charged for the Service as described in Section 12. In order to reactivate disabled Cartridges, You will need to contact the Service customer support center at 1-855-785-2777 or www.hp.com/go/instantinksupport for assistance. Failure to connect Your printer to the Internet will also impact HP’s ability to send certain notices to You (including but not limited to those described in Section 10) and will impact the timeliness of Your being billed for the Service.
  6. CARTRIDGES PROVIDED TO YOU. After You have created Your Service Account, within approximately two weeks HP will provide to You one set of Cartridges for Your use with the Service. HP maintains legal ownership of the Cartridges and provides them to You only to enable You to use the Service. The Cartridges that You receive will work with only the corresponding printer designated in Your Service Account; You are not allowed to use the Cartridges with any other printer (including but not limited to other printers that You may have enrolled under the Service), use the Cartridges outside the scope of the Service, or sell the Cartridges or otherwise provide them to others. While using the Service, You agree not to remove a Cartridge from Your printer and replace it with a new Cartridge until prompted by messaging on Your printer to do so. HP will monitor the fill level of the Cartridges remotely and deliver replacement Cartridges to You. When Your Service is cancelled for any reason, HP will remotely disable the Cartridges and You will no longer be able to use them to print. You must ensure that HP has Your most recent mailing address in order for HP to deliver the Cartridges to You under the Service, and HP will not be responsible to You or otherwise be liable for sending Cartridges to mailing addresses that appear in Your Service Account that You have failed to update. Please go to Your Service Account Page to update as necessary Your current mailing address, or otherwise contact Service customer support at 1-855-785-2777 or www.hp.com/go/instantinksupport for assistance.
  7. CARTRIDGES MUST BE RETURNED TO HP BY YOU. You agree to return all used Cartridges to HP in the postage prepaid return envelopes provided to You by HP and use the carrier of HP’s choice. Without limiting the foregoing, You must return the Cartridges to HP when (i) You have used all of the ink in the Cartridges or You otherwise cease using them, (ii) Your Service is cancelled for any reason, or (iii) HP otherwise directs You to return the Cartridges to HP. You agree to not include items other than the Cartridges in the postage prepaid return envelopes that You send back to HP. Contact HP if a Cartridge is damaged, leaking ink or otherwise appears to require special handling, and HP will provide you with special instructions regarding how to return that Cartridge. You assume responsibility for ensuring that any Cartridges You do not return to HP using the postage prepaid return envelopes (or according to any other special handling instructions that You’ve received from HP) are handled in accordance with applicable law, and you will indemnify and hold harmless HP in the event You do not comply with such applicable law.
  8. SERVICE PLANS. When you create Your Service Account You will select one of the offered Service plans (each a “Service Plan”) described in the Service Description Terms. Each Service Plan entitles You to print a certain number of pages (“Service Plan Pages”) during each one month period (“Month Period”) for a designated fee (“Service Plan Fee”). The first Month Period begins on the day that You first insert one of the Cartridges in Your printer (“First Use”), and the second Month Period begins on the same calendar day in the following month. For example, if Your first Month Period begins on the 15th of January, then Your second Month Period will begin on the 15th of February. If Your first Month Period began in a month on a day not contained in a subsequent month, then Your Month Period in any of those subsequent months will begin on the last day of such month. For example, if Your first Month Period began on January 31st, Your next Month Period would begin on February 28th, and Your subsequent Month Period would begin on March 31st. Your Service will continue on a month to month basis until Your Service is cancelled as described in Section 15. See the Service Description Terms for details regarding the available Service Plans. A PRINTED PAGE IS A PAGE UPON WHICH ANY AMOUNT OF INK IS PLACED BY YOUR PRINTER. A page is the type and size of media referenced in Your printer’s specifications.
  9. ROLLOVER PAGES. If during any Month Period You do not print all of Your Service Plan Pages, then, subject to the maximum described in the following sentence, the number of unused Service Plan Pages You had for that Month Period will roll-over (“Rollover Pages”) and be available for Your use in subsequent Month Periods. The total number of Service Plan Pages plus Rollover Pages that You have available to You under the Service in each Month Period may not exceed twice the number of Service Plan Pages to which You are entitled under Your Service Plan. For example, if Your Service Plan entitles you to print 50 pages each month, then You may have a total of up to 50 Rollover Pages in Your Service Account each month; any additional unused pages that You may have that exceed that number would not become Rollover Pages and may not be used by You in subsequent Month Periods. During each of Your Month Periods, Your Service Plan Pages will be exhausted from Your Service Account before Your Rollover Pages are used.
  10. OVERAGE FEES. If You print more than the number of Service Plan Pages designated under Your Service Plan in any Month Period, then HP will charge You the overage fees designated under Your Service Plan (“Overage Fees”), as described in Section 12 below. HP may, but is not obligated to, send a communication to You or otherwise post on Your Account Page a notice when You are approaching the end of Your Service Plan Pages during a Month Period and are about to incur Overage Fees. Even if You don’t receive any such communication or notice from HP, You will be liable for all Overage Fees You incur.
  11. CHANGING YOUR SERVICE PLAN. You may change Your choice of Service Plan by following the directions on Your Service Account Page, and that change of Service Plan will become effective as of the beginning of Your next Month Period and will not retroactively apply. To view Your current Service Plan and other details, go to Your Service Account Page.
  12. COMMENCEMENT OF CHARGES FOR THE SERVICE AND BILLING CYCLES; PRICING INCREASES. When you create Your Service Account, You will provide HP with a valid, accepted payment method that You will use to pay for the Service, such as a valid credit card (“Payment Method”). Your monthly billing cycle (“Billing Cycle”) for the Service will begin on the date of First Use (namely, the day that You first insert one of the Cartridges in Your printer). Beginning one month after Your First Use, Your Payment Method will be charged on a monthly basis for (i) the amount of Your Service Plan Fee, (ii) any Overage Fees, and (iii) any applicable taxes, fees and surcharges set by federal, state and local governments (“Taxes”), (collectively, “Your Monthly Fee”). For example, if Your First Use is on January 1st, Your Payment Method will be charged on or after February 1st for Your Monthly Fee for January; if Your First Use is on February 1st, Your Payment Method will be charged on or after March 1st for Your Monthly Fee for February. If You purchased a valid gift card or other promotion for the Service from HP or an HP retailer and You redeem the value of that card or promotion in Your Service Account, then HP will apply that redeemed value towards Your Monthly Fee before charging any remaining balance to Your Payment Method. For each month that You print more than the number of Your Service Plan Pages, Your Payment Method will be charged for the Overage Fee associated with those additional pages. For example, if Your Service Plan entitles you to print 50 pages for a fee of $2.99 and thereafter pay $1.00 for each multiple of 15 pages, and if You print a total of 66 pages in a Month Period, then Your Payment Method would be charged the Monthly Fee of $2.99 plus $2.00 in Overage Charges, for a total of $4.99, plus Taxes. Failure to connect Your printer to the Internet may result in delays in charging Your Payment Method for portions of Your Monthly Fee due. HP will continue to charge Your Payment Method on a monthly basis for Your Monthly Fees until You or HP cancels Your Service. You may inform HP that You want to cancel the Service at any time by following the directions in Section 15, and Your Service will then be cancelled effective as of the last day of Your current Month Period. For example, if Your current Month Period runs from January 15th to February 15th, and You submit a cancellation request to HP on January 30th, Your Service will be cancelled as of February 15th. Your Payment Method will be charged in full for Your last Month Period, and no refunds will be provided for Service Plan Pages or Rollover Pages that You did not print during that last Month Period. Your removal of the Cartridges from Your printer, Your not printing, and Your not connecting Your printer to the Internet do not cancel the Service or otherwise stop the Billing Cycles. You may access Your billing information on Your Account Page. You are responsible for all pages printed on Your printer while using the Service, whether or not You specifically authorized the printing of those pages. HP may increase or otherwise change the Service Plan Fee and Overage Fee, and add additional fees, for any Service Plan, or otherwise change or add Service Plans at any time in HP’s sole discretion in accordance with Section 2. Any such changes to Service Plan Fees and Overage Fees and the addition of other fees will become effective no earlier than the beginning of Your next Month Period after HP announces those changes or additions in accordance with Section 2.
  13. CUSTOMER SUPPORT CENTER. If you need assistance with the Service or Your Service Account, or have questions regarding Your Monthly Fees or the billing process, please contact Service customer support representatives at 1-855-785-2777 or www.hp.com/go/instantinksupport.
  14. ADDITIONAL SERVICE REQUIREMENTS. In addition to the other requirements set forth in this Agreement, Your use of the Service is also subject to the following requirements:
    1. Age and Residency. You must be at least 18 years old and reside in the United States. The Service is not available outside of the United States.
    2. No Public Sector. You must not purchase the Service in Your capacity as a public sector employee or otherwise intend to use the Service for any government-related use.
    3. Use of Enrollment Key, if any. If You received an enrollment key for the Service from an HP retailer or HP, You must use it within the time specified, if any, and in accordance with any other instructions included to purchase the Service.
    4. No More than Ten Printers. You may enroll up to a cumulative total of ten printers under the Service, regardless of whether those printers are in the same or multiple Service accounts. This requirement applies equally to individual users of the Service and business entity users of the Service.
    5. Email Account. You must maintain a valid email account or, if applicable, texting capability to receive notices and other information regarding the Service.
    6. No Printing or Copying Businesses: You may not use the Service in connection with any type of a printing or copying business.
    7. What You Print. HP is not responsible for what You or others using Your printer print while using the Service.
    8. Others' Use. You are responsible for the actions of others who use Your Service Account, Your Service Account Page or otherwise use Your Service.
  15. CANCELLATION. You may cancel Your Service at any time online at www.hpinstantink.com or by calling the Service customer support center at 1-855-785-2777. HP may cancel Your Service at any time in its sole discretion for any or no reason upon HP’s notification to You at the email address or, if applicable, the text number listed on Your Service Account Page. Notwithstanding the foregoing, in addition to HP’s rights under Section 2, HP may cancel Your Service immediately without prior notice to You if (i) HP ceases to provide the Service or a particular version, part or feature of the Service; (ii) You breach the terms of this Agreement (including but not limited to failing to pay for the Service or no longer having a valid Payment Method); or (iii) HP in its sole discretion believes that You otherwise abused the Service or engaged in any other action that merits termination of Your use of the Service. Any cancellation pursuant to subsections (ii) and (iii) above may be without any refund to you of advance payments made. You agree that HP will not be liable to You for any cancellation of Your Service or refusal of access to the Service or Site. Upon cancellation of Your Service for any reason, any rights granted to You under this Agreement will terminate and You must immediately cease all use of the Service and return the Cartridges to HP as detailed in Section 7.
  16. NO WARRANTY.  YOU AGREE THAT THE SERVICE, CARTRIDGES AND SITE ARE PROVIDED BY HP ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, HP DOES NOT PROVIDE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICE, CARTRIDGES AND SITE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HP DOES NOT WARRANT THAT THE SERVICE, CARTRIDGES OR SITE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE OR THAT DEFECTS WILL BE CORRECTED, AND MAKES NO WARRANTIES REGARDING THEIR TIMELINESS, ACCURACY OR RELIABILITY. Some jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimers may not apply to You in their entireties, but will apply to the maximum extent permitted by applicable law.
  17. INTELLECTUAL PROPERTY RIGHTS: You will not gain by virtue of this Agreement any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by HP. HP will retain exclusive ownership of the Service, Cartridges and Site and will own all intellectual property rights, title and interest in any ideas, concepts, know how, documentation and techniques relating to the Service, Cartridges and Site. Instant Ink, HP, and any other product or service name, slogan or logo contained in or on the Service, Cartridges or Site are trademarks of HP or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of HP or the applicable trademark owner. You may not use any metatags or any other hidden text utilizing any trademark of HP without HP’s prior written permission.
  18. LIMITATIONS OF LIABILITY AND REMEDIES: IF YOU ARE DISSATISFIED WITH THE SERVICE, CARTRIDGES OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HP OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO DOWNTIME COSTS, LOST PROFIT, LOST REVENUE OR LOST DATA OR OTHER CONTENT) OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, CARTRIDGES OR SITE, WHETHER BASED IN CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF HP OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT HP OR ITS AFFILIATES ARE HELD LEGALLY LIABLE TO YOU, HP'S AND ITS AFFILIATES’ AGGREGATE MAXIMUM LIABILITY TO YOU IS LIMITED TO THE AMOUNT OF YOUR MONTHLY FEE PAID BY YOU TO HP FOR THE SERVICE FOR THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. Some jurisdictions do not allow the exclusion or limitation of particular types of damages, so the above limitation or exclusions may not apply to You in their entireties, but will apply to the maximum extent permitted by applicable law.
  19. YOUR REPRESENTATIONS: By purchasing the Service, You hereby represent that: (i) You have the legal right, capacity and authority to enter into this Agreement with HP and be legally bound by its terms, and, if applicable, You are duly authorized by Your employer to enter into this contract on behalf of Your employer; (ii) any and all information provided by You to HP or HP retailers in connection with the Service, including but not limited to personal information (including but not limited to Your name, address, credit card number and expiration date, other Payment Method information, and email or text messaging account information), is true, accurate and complete, and You will notify HP or the HP retailer as applicable of any change to such information; (iii) the Service is purchased by You for Your individual use, not for resale, redistribution or to otherwise share with other parties; and (iv) You shall not abuse the Service or otherwise engage in inappropriate activities with respect to the Service. You will indemnify and hold harmless HP with respect to all claims, liabilities, losses and other costs arising from Your breach of this Agreement or otherwise related to Your use of the Service, the Cartridges or the Site. HP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and doing so will not excuse Your indemnity obligations.
  20. COMPLIANCE WITH LAWS, INCLUDING EXPORT LAWS. You agree to comply with all applicable laws and regulations. Without limiting the foregoing, you are responsible for compliance with U.S. and other applicable countries’ export control laws and regulations (“Export Laws”). You will comply with all Export Laws to ensure that the Service, the Cartridges and any related materials, including but not limited to technical data, are not (1) exported or re-exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including without limitation nuclear, chemical or biological weapons proliferation. Without limiting the foregoing, You agree that the Service, the Cartridges and related materials may not, in violation of any Export Laws or other applicable laws or regulations, be exported or re-exported (1) into any U.S. embargoed countries, or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
  21. NO TRANSFER OF SERVICE: You cannot transfer the Service to another printer or to another person.
  22. NO RESPONSIBILITY FOR THIRD PARTY MATERIALS AND WEBSITES. Certain content, offers, products, services and other materials made available via the Service to You are from third parties (“Third Party Materials”), and You agree that HP is not liable for Third Party Materials. Your use of Third Party Materials is at your own risk and may be subject to additional terms. In addition, links from the Service and the Site to third party websites (“Third Party Websites”) may be provided, and HP is not liable for Third Party Websites or Third Party Materials made available through them. The HP Privacy Statement is not in effect on Third Party Websites and HP is not liable for any use of Your information by them.
  23. GOVERNING LAW.  Any disputes arising out of or otherwise relating to this Agreement, whether based on contract, tort, fraud, or any other legal theory, shall be governed by the law of the state in which you currently reside without regard to its conflict-of-law principles.
  24. ENTIRE AGREEMENT / GENERAL: The terms of this Agreement, together with the Service Description Terms and other applicable HP terms expressly referenced in this Agreement, constitute the entire understanding between You and HP relating to the Service and will supersede any previous communication, representation or agreement whether oral or written. In the event of any conflict between this Agreement and any Service Description Terms, the terms of this Agreement shall control. In the event of any conflict between this Agreement and the HP Connected terms of use, the terms of this Agreement shall control. HP’s failure to exercise any right under this Agreement will not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of the Agreement will remain in full force and effect. You may not assign this Agreement by operation of law or otherwise; HP may assign this Agreement. The section titles in this Agreement are for convenience only and have no legal effect. This Agreement will be interpreted without application of any strict construction in favor of You or against HP. Without limiting any other provision in this Agreement, HP shall not be liable for any failure of the Service, Cartridges or Site which results from acts or events beyond its reasonable control. All terms in this Agreement that by their nature would survive termination of this Agreement upon cancellation of Your Service (including but not limited to those terms related to limits on HP’s and its affiliate’s liability, Your liability, applicable law, Your payment obligations for the Service, and Your obligation to return Cartridges to HP in the manner designated) will survive termination.
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