End User License Agreeement and Terms of Service
This End User License Agreement and Terms of Service (the “EULA”) is a binding contract between you, an individual user (“you”) and Stacey Cohen Design Inc. (“us” or “we”) governing your use of Room Edit services (the “Service”) using the Room Edit website (the “Website”). BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.
Summary of Material Terms.
As provided in greater detail in the EULA (and without limiting the express language of the EULA), you acknowledge the following:
- the Website and Service is provided “as is” without warranties of any kind and Room Edit’s liability to you is limited;
- disputes arising hereunder will be resolved by binding arbitration;
The Service is a platform enabling people seeking design services (“Clients”) to get a custom design, including one final design rendering, and one revision of the final design rendering based on user comments (Clients are “Users”).
Third Party Fees. You may incur third party fees through use of the Service, such as fees charged by your Carrier for data usage. In addition, you may be subject to third party terms, through your use of the Service, such as your Carrier’s terms of service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
Changes to the EULA. We may revise the EULA at any time by posting an updated version You should visit this page periodically to review the most current EULA, because you are bound by it Your continued use of the Service after a change to the EULA constitutes your binding acceptance of the EULA.
Eligibility. If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the EULA and (ii) agree to be bound by the EULA on behalf of such Subscribing Entity.
Children. No part of the Service is directed to persons under the age of 13 IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
Scope of License to Users.
License Grant to You. The Service is licensed, not sold, to you for use only under the terms of the EULA Subject to your complete and ongoing compliance with the terms and conditions of the EULA, Room Edit hereby grants you a personal, limited, revocable, non-transferable license to access and use the Website solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act.
License Limitations. You may not modify, alter, reproduce, or distribute the website. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
Applicability to Updates The terms of the EULA will govern any updates provided to you by Room Edit that replace and/or supplement the Website, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
Registration and Eligibility.
Account Types and Registration Anyone may browse the public-facing pages of the Service and take the style profile, but to start the custom design plan, the client must register.
Client. To become a Room Edit Design Client, you must provide your city, phone number, email address, name and password. You will also take a user survey (to help us determine your preferred design styles), provide us photos of your space, and provide us additional information about your room and project. You will also be afforded the opportunity to have a phone call or online chat with your assigned designer. The designer will then provide you suggestions for your space as well as a shoppable list of products according to your service package selected.
To become a Room Edit Design client, you must provide your email address and password. You may begin by chatting with your designer about your home design needs.
Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Room Edit by e-mail to email@example.com. You will be solely responsible for the losses incurred by Room Edit and others due to any unauthorized use of your account.
Content You Submit; License Grants from You.
Your Content. If you are a Client, you may be able to create, post, or share content, such as pictures of your space, floor plans and household objects (“Client Content”) Room Edit claims no ownership or control over Your Content You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in the EULA, (ii) the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service You also acknowledge and agree that Your Content is non-confidential and non-proprietary.
- Fees. The fee (the “Fee”) to be charged to Clients for each Custom Room Design will be set forth on the Service. The Fee is due and payable in advance of Client’s design or product recommendation process.
- Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in Canadian Dollars.
iii. Taxes. Clients are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on Room Edit’s income on the design service Fee. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
- Refunds. The Service will offer any Client a full refund at Room Edit’s discretion. Please email firstname.lastname@example.org to obtain a refund.
- Third Party Purchases. A Client may wish to purchase items from third parties through the Room Edit service. Room Edit will collect the cost of the furniture in advance of placing orders with the third party for the purchase. All Third Party terms and conditions apply to these purchases, including return policies and shipping costs.
- Credits. Room Edit may offer merchandise credit to Clients for use towards purchasing items in their shopping list. Merchandise credit only applies to non-sale items and qualified vendors (for a list of excepted vendors, please email email@example.com). The merchandise credit may only apply to purchases over a certain cart total, the applicable cart total excludes sale items, non-qualified vendors, and shipping and tax.
Sending Messages Through the Service
Users may message each other through the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). Room Edit will utilize any means possible to block spammers and abusers from using the Service If you believe spam originated from the Service, please email us immediately at firstname.lastname@example.org.
Third Party Materials; ROOM EDIT Content.
You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials”), and data, information, applications, materials and other content from Room Edit (collectively, “Room Edit Content” and, together with Third Party Materials, but excluding Your Content, “Service Content”), that may be offensive, indecent, or objectionable Nevertheless, you agree to use the Service at your sole risk and that Room Edit shall not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.
In addition, third party services and Service Content that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries ROOM EDIT makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
Your Use of the Service and Service Content.
Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
You may access the Service solely as intended through the provided functionality of the Service and as permitted under the EULA.
You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without Room Edit’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Room Edit’s express written consent:
altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and using any trademarks, service marks, design marks, logos, photographs or other content belonging to Room Edit or obtained from the Service.
You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Website designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the EULA, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Room Edit.
You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent Room Edit makes available the means for embedding any part of the Service or Service Content.
You agree not to access, tamper with, or use non-public areas of the Service, Room Edit’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Room Edit’s providers.
You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Room Edit’s employees and other users.
You agree not to provide any false personal information to Room Edit or any other user, or create a false identify or impersonate another person or entity in any way.
You agree not to create a new account with ROOM EDIT, without ROOM EDIT’s express written consent, if ROOM EDIT has previously disabled an account of yours.
You agree not to solicit, or attempt to solicit, personal information from other users.
You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.
You agree not to use the Service, without ROOM EDIT’s express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the EULA.
You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
You agree not to violate any applicable federal, state or local laws or regulations or the EULA.
You agree not to assist or permit any persons in engaging in any of the activities described above.
Third Party Software.
The Website consists of a package of components, including certain third party software (“Third Party Software” and the “Package”) provided under separate license terms (the “Third Party Terms”), as described in more detail in Section 26 Your use of the Third Party Software in conjunction with the Website in a manner consistent with the terms of the EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in the EULA is intended to impose further restrictions on your use of the Third Party Software.
Consent to Use of Data.
The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of ROOM EDIT and its licensors Except for the limited licenses expressly granted to you under the EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the EULA, either expressly, or by implication, estoppel or otherwise.
We appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:
- own, exclusively, all now known or later discovered rights to the Creative Ideas;
- not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
- be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Consequences of Violating These Terms.
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion We reserve the right to refuse to provide the Service to you in the future ROOM EDIT may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of the EULA and your use of the Service.
ROOM EDIT’s Liability.
Changes to the Service We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
User Disputes We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service This includes disputes between Clients and Designers. You assume all risk associated with dealing with third parties You agree to resolve disputes directly with the other party You release ROOM EDIT of all claims, demands, and damages in disputes among users of the Service You also agree not to involve us in such disputes Use caution and common sense when using the Service If you participate in an Installation, you are solely responsible for your interactions with other Users You understand that ROOM EDIT does not currently conduct background checks, including criminal background checks, on its Users ROOM EDIT makes no representations or warranties as to the conduct of Users IN NO EVENT WILL THE RELEASED PARTIES (AS DEFINED BELOW) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY DESIGNER OR PROVIDING ANY SERVICES TO ANY CLIENT, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF INSTALLATION SERVICES OR CLIENTS OBTAINED THROUGH THE SERVICE ALL USERS, INCLUDING CLIENTS AND DESIGNERS, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.
Content Accuracy We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including Designs Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service Use the Service at your own risk.
Third-Party Websites The Service may include links to third party websites You are responsible for evaluating whether you want to access or use them We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the Service.
The EULA is effective until terminated by you or ROOM EDIT Your rights under the EULA will terminate automatically without notice from ROOM EDIT if you fail to comply with any term(s) of the EULA (including by violating any license restriction provided herein).
“Released Parties” include ROOM EDIT and its affiliates, officers, employees, agents, partners, and licensors YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROOM EDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A), IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO ROOM EDIT, (B) IF YOU ARE A DESIGNER, THE FEES PAID BY ROOM EDIT TO YOU, AND (C) $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any ROOM EDIT Content or Designs, or (iii) your breach of the EULA We will provide notice to you promptly of any such claim, suit, or proceeding.
Third Party Disputes.
ROOM EDIT IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
The EULA and the relationship between you and ROOM EDIT will be governed by the laws of the Province of Ontario without regard to its conflict of law provisions You and ROOM EDIT agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the Canadian Arbitration Association Any such arbitration, to the extent necessary, shall be conducted in Toronto in the Province of Ontario You covenant not to sue ROOM EDIT in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or the EULA:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Assignment You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of ROOM EDIT. ROOM EDIT may assign the EULA, including all its rights hereunder, without restriction.
Survival The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to, Sections 2 (General), 5 (Content You Submit; License Grants from You), 11 (Your Use of the Service and Service Content), 12 (Third Party Software), 13 (Consent to Use of Data), 14 (Ownership), 15 (Feedback), 17 (ROOM EDIT’s Liability), 18 (Termination), 19 (Disclaimer), 20 (Limitation of Liability), 21 (Indemnity), 21 (Third Party Disputes), 23 (Copyright Policy), 24 (Dispute Resolution), and 25 (Miscellaneous).
Contacting ROOM EDIT You can contact Room Edit, Inc. by e-mail at email@example.com, or by CANADA Post at Room Edit, 47 Colborne St. Toronto, Ontario, M5E 1E3.
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