1-800-425-3987 Terms of Use Agreement
SHARED-USE TOLL-FREE Number
LICENSING AGREEMENT
Use of the Phone Number (the "Service") is governed by these Terms of Use. Use of the Service constitutes Your agreement to follow these rules and to be bound by them. The Service is provided by Sharper Ideas. ("Company") at 3053 Fillmore Suite 242, California. This is a legal agreement ("Agreement") between you ("You") and the Company (together the “Parties”),
By completing Your registration and checking on the "I have read and agree to the Terms of Use" on the Website, You will become a registered user of the Service (a "Registered User") after receiving Company’s acceptance, and You agree to be bound by these Terms of Use (the "Terms") for as long as You continue to be a Registered User.
WHEREAS Company is the legal and beneficial “owner” of the North American Numbering Plan (“NANP”) toll-free telephone number 800-425-3987 (also referred to herein as the “Number”), which has the alphabetic “vanity number” rendering of 1-800-4-ALE-XTR. Company has developed and exclusively owns, enjoys and controls this common law trademark and alphabetic vanity number rendering (referred to herein as the “ALE MARK”), including all related intellectual property rights, and has exclusive right to use and enjoy the Number, the ALE MARK, and the numeric rendering, in all areas of the NANP, which includes the continental U.S., Alaska, Hawaii, Canada, the Caribbean, Guam, Saipan and all other Area Codes and calling areas of the NANP and
WHEREAS Company is the lawful “customer of record” for the Number, in which Company retains and enjoys all management, control and “number portability” rights as defined by law, and whereby Company has the exclusive right to select the Responsible Organization (“RESPORG”), to select the common carrier(s), and to designate the telephone routing and termination points for the Number; and
WHEREAS the Number has been determined to have the coincidental alphabetic “vanity number” rendering of “1-800-4-A-LEXUS”. You, as a Lexus dealer, acknowledge that you are entitled and authorized to advertise and promote the “Lexus” name and Lexus trademark (the “LEXUS MARK”); and
WHEREAS You desire to license and use the Phone Number in the Territories that You selected and Company has confirmed (herein referred to as the “LICENSED TERRITORY”), on a year-to-year basis, for the marketing, promotion and advertising of your business; and
WHEREAS You acknowledge that Company has a bona fide and legitimate use of the Number for its business and marketing operations, and that Company does not intend at any time to sell, transfer, assign, or otherwise forfeit the business opportunities provided by its “ownership”, “number portability”, managerial control, and/or “customer of record” rights to the Number. You agree and acknowledge that the Number is not and will not be offered for sale at any time, regardless of whether or not such transaction is permitted by law. You further acknowledge, agree and understand that the Number has a unique, special, extraordinary and irreplaceable pecuniary value to Company that cannot be replaced, and that Company therefore desires that the full use and enjoyment of the Number in Your Territory, shall revert to Company upon termination of this Agreement. You further agree, acknowledge and understand that Company desires and requires the use of the Number in all Territories outside of the US AND CANADA during the term of this Agreement. Upon termination of this Agreement, under the terms and conditions herein, You shall have no further interest, entitlement or right to use the Number, to receive calls to the Number, to advertise, publicize, promote or disseminate the Number, or to receive any referral message or call forwarding services related to the Number. Upon termination hereunder, Company shall have full and unfettered rights to use the Number for all Territories, without condition, restriction or limitation.
WHEREAS You acknowledge and agree that this “Shared-Use Toll-Free Number Licensing Agreement” shall provide for the year-to-year use of the Number, for the geographic Territory that you have selected. You agree and acknowledge that You shall not acquire, possess or obtain any continuing right to use the Number in any manner beyond the termination date of the Agreement. You also acknowledge and agree that You shall have no right to use the Number outside of Your Territory at any time under this Agreement. You further acknowledge and agree that Company shall retain all “number portability”, managerial and control rights to the Number at all times, which shall include the right to select the Responsible Organization (“RESPORG”), to approve or reject the selection of the common carrier(s), and to set up the telephone call routing and termination points. You further acknowledge that Company shall be entitled to control all call routing, usage and network provisioning provided by its common carrier for all calls that originate from the United States and Canada during the License Period of this Agreement.
NOW THEREFORE in consideration of, and subject to, the mutual covenants, agreements, and recitations herein contained, the parties hereby agree to the following terms and conditions:
1. INCORPORATION OF RECITALS
The above recitals are hereby incorporated by reference as though fully set forth herein.
2. PROMOTION
Company maintains a telephone routing platform that directs callers to You based on the customer's telephone search parameters. The number of phone calls you receive will be predicated on how extensively you promote the Phone Number.
3. MONTHLY PRICING
Company charges, and You agree to pay a Monthly Fee (sometimes referred to herein as Licensing Fee) for the right to receive phone calls via the Phone Number. Monthly Fees are charged on a per-Territory basis, and vary from county to county. Monthly prices are listed on Your signup page. If Company rejects your request for a particular Territory, You will not be required to pay a Monthly Fee for that Territory. Once You sign up, Your monthly price will not change for at least one year. You will be notified in writing of any pricing changes at least 30 days prior to the end of Your anniversary date.
4. ACTIVATION FEE
Company charges, and You agree to pay an Activation Fee for the right to receive phone calls via the Phone Number. Your Activation Fee is equal to your first month’s payment, and shall be charged at such time You select your Territories. If Company rejects your request for a particular Territory, You will not be required to pay an Activation Fee for that Territory.
5. "PER-MINUTE" CHARGES
In addition to the Monthly Fee, You shall reimburse Company for the phone calls that you receive at the rate of NINE CENTS ($0.09) per minute. Any calls You receive via our Toll Free Number (1-800-425-3987) shall be considered billable calls. Once You sign up, Your "Per-Minute" rate will not change for at least one year. You will be notified in writing of any pricing changes at least 30 days prior to the end of Your anniversary date.
6. ANNUAL LICENSE PERIOD AND ANNUAL RENEWAL PROVISIONS
Upon payment of Your Activation Fee, Your first month’s Licensing Fee, and continued Monthly Fees, You shall be entitled to use and promote the Number in the Licensed Territory, to commence upon execution of and Company’s acceptance of this Agreement. Within approximately five (5) business days of acceptance, Company shall set up its phone routing so that calls originating from within your Territory are routed to your business. Calls shall be routed by customers and prospective customers entering their zip code when dialing the Phone Number.
7. HELP AND SUPPORT
If You need help, You should click on "Contact Us" on our website.
8. COPYRIGHT
All content included on the Website, including all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Company and protected by U.S. and international copyright laws. All software used on this site is the property of Company or its software licensors and protected by United States and international copyright laws.
9. OWNERSHIP OF THE NUMBER
The toll-free number 800-425-3987 (the “Number”) shall remain at all times under the exclusive “ownership” and control of Company, with all “number portability” and “customer of record” rights as defined by applicable law strictly reserved by Company. Except for the “shared-use licensing” of the Number for the fixed-term and limited geographic area as specified herein, You shall not obtain, acquire or possess any ownership, legal or equitable interest in the Number.
10. LICENSE
You shall be solely responsible for providing automotive services to customers that contact You via the Phone Number. You affirm, represent, and/or warrant that You own or have the necessary licenses, rights, consents, and permissions to provide such services.
11. LICENSED TERRITORY
You shall have the exclusive right to use and enjoy the Number for the License Period for the “Licensed Territory” only, which Territory You have selected and Company has confirmed.
12. TRADEMARK RIGHTS
Company shall continue to hold all trademark rights to 1-800-4-ALE-XTR and 1-800-425-3987, while You and/or Toyota Motor Corporation shall hold all trademark rights to the Lexus name and its derivations. Neither party is authorized by this Agreement to use or infringe upon the trademarks of the other.
Lexus is a trademark of Toyota Motor Corporation. Neither Company nor the Number is affiliated with Lexus or Toyota Motor Corporation in any way.
13. WARRANTIES
A. THE COMPANY PROVIDES THE SERVICE TO INDIVIDUAL LEXUS DEALERSHIPS ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.
B. The Company does not warrant that Your use of the Service will be uninterrupted, always available, or error-free, that the Service will meet Your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
14. LIMITATION OF LIABILITY
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AND ITS AFFILIATES AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO THE COMPANY IN CASH IN CONNECTION WITH YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD- PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
15. INDEMNITY BY LICENSEE
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, contractors, agents, attorneys and accountants from and against any and all claims, losses, judgments, damages, and liabilities (including reasonable attorneys' fees), whether or not involving a third party ("Claims"), relating to or arising out of (a) Your use of the Service, including any breach by You of the Terms of this Agreement, and (b) personal injury, death or tangible physical property damage in connection with any act or omission by Company.
16. TERM AND CANCELLATION
Participation as a licensee to use the Number requires a one (1) year commitment. When You sign up, You are obligated to pay Your monthly fee for 12 months. Unless You provide 30 days written notice to cancel at least 30 before any anniversary date, You will be automatically subscribed for an additional one (1) year term.
17. COMPLAINTS
To resolve a complaint regarding the Service, You should contact the Company by clicking on the "Contact Us" link on our website.
18. BILLING AND COLLECTIONS
Your subscription or transcription charges are billed to Your credit card monthly. Payments are due when invoiced. Late accounts, after a 10 day grace period, may be assessed a 10% late fee, plus interest charges of 2% per month, or the maximum allowed by law, whichever is greater. In the event collection action is required, You shall be responsible for all reasonable legal and collection costs.
19. PROMOTING THE PHONE NUMBER
The licensing of the Phone Number is being offered to enhance Your marketing efforts, and is not offered to You to keep the use of the Phone Number from Your competitors.
20. ACCEPTANCE BY COMPANY.
Prior to initiating any marketing campaigns, or incurring expenses relating to the Phone Number, it is advised that You await receipt of company's written acceptance of this Agreement.
21. FORCE MAJEURE
Company shall not be responsible for any failure to perform any obligation or provide Service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, in any such case which are being experienced by providers of telecommunications Services generally and not targeted or directed at 1-800-425-3987 specifically, or (d) other similar force beyond Company’s reasonable control.
22. INTERPRETATION; AMENDMENT; WAIVER; SEVERABILITY
No provision of this Agreement or any exhibit or annex hereto shall be construed strictly against any party hereto, including, without limitation, the drafter hereof or thereof. Neither this Agreement nor any provision hereof may be amended, waived or modified in any way other than by a writing executed by the party against whom such amendment, waiver or modification would be enforced. No failure to exercise, and no delay in exercising and no course of dealing with respect to any right hereunder shall operate as a waiver thereof. Nor shall a waiver by any party hereto of a breach of any provision herein be deemed a waiver of any subsequent breach. The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies. The headings or titles of the several paragraphs of this Agreement are inserted solely for convenience and are not a part of, nor shall they be used or referred to in the construction of, any provision of this Agreement. Words in the singular number shall include the plural, and vice versa. Whenever examples are used in this Agreement with the words "including," "for example," "any," "e.g.," "such as," "etc." or any derivation thereof, such examples are intended to be illustrative and not in limitation thereof. All references to the masculine, feminine or neuter genders shall mean and include all genders. In case any one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, any such provision(s) shall be severed, and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any action in any other jurisdiction. Moreover, if one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad or unreasonable as to the period, scope or geographical area so as to be unenforceable at law, such provision or provisions shall be modified or substituted by the appropriate judicial body so as to cover the maximum period, scope or geographical area permitted by applicable law.
23. NO WARRANTIES EXPRESS OR IMPLIED; DISCLAIMER OF LIABILITY
The Number is licensed “AS IS” to You for the prescribed License Period and Territory only. Company and its RESPORG shall bear no liability whatsoever for losses or loss of revenue due to software, hardware or communications line malfunction or breakdown, or from any error or omission by Company’s selected common carrier(s). In the event of such malfunction or breakdown, Company and RESPORG will use reasonable efforts to correct said malfunction or breakdown in a reasonable time, provided that such malfunction or breakdown is caused by some event or circumstance that is within their control and responsibility under this Agreement. You AGREE AND ACKNOWLEDGE THAT Company, AND Company’s AFFILIATES, EMPLOYEES, AGENTS, LEGAL REPRESENTATIVES, AND RESPONSIBLE ORGANIZATION (“RESPORG”) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY LOSS OF REVENUE, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF BUSINESS OR REVENUE ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTION, OUTAGE, BREAKDOWN, DISCONNECTION OR TERMINATION, OR ANY OTHER FAILURE TO DELIVER USE OF 800 TELEPHONE SERVICE OR RECEIVE CALLS HEREUNDER. LIKEWISE, NO WARRANTY OR OTHER PROMISE, EXPRESS OR IMPLIED, IS MADE TO THE “MERCHANTABILITY” OR “FITNESS FOR A PARTICULAR PURPOSE” OF THE SERVICES RENDERED HEREUNDER.
24. RIGHT OF Company TO CHANGE RESPORG AND COMMON CARRIER
Company shall retain the exclusive right to change its selected and designated Responsible Organization (“RESPORG”) for the Number, and to change its selected common carrier(s) to handle call routing and traffic for its Reserved Territory. You understands that You have no right or power to issue orders or directives to Company’s selected RESPORG, and that the RESPORG’s functions and duties are to be directed by the Company, as the lawful “Customer of Record” of the Number, in accordance with applicable FCC rules, regulations and tariffs.
25. RELATIONSHIP OF THE PARTIES
The parties agree that this Shared-Use Toll-Free Licensing Agreement does not create any agency, joint venture, or partnership, and that neither party shall acquire any ownership interest in the business, trademarks or intellectual property of the other.
26. MUTUAL INDEMNITY FOR BUSINESS PRACTICES AND USE OF THE PHONE NUMBER
Each party shall defend, indemnify and hold harmless the other party, and its affiliated companies, owners, stockholders, officers, directors, employees, agents and representatives, in the event any stranger to this Agreement shall make any claim, institute any proceeding, or file any action arising out of and/or alleged to result, directly or indirectly, from the indemnifying party’s actions, inactions, services, products, conduct, statements, and/or performance of duties or conduct of business, including, but not limited to, any claim or action for false advertising, unfair business practices, trademark infringement, personal injury, product liability, or the like. This indemnity and promise of defense shall be broadly construed to include, without limitation, all claims, demands, losses, damages, costs, expenses, and attorney’s fees of every kind and character, whether incurred or paid, whether or not any action, suit or proceeding is commenced.
27. SUB-LICENSING FORM AND FORMAT
You agree that You are licensing the Number for your own use and benefit, and agree not to sub-license the Number unless such sub-license is subject to the terms of this Agreement, sub-licensee understands that the Company is the lawful “owner” and “customer of record” to the Number, and that any written agreement include a statement that sub-licensee “shall not obtain or acquire any ownership or proprietary interest in the Number.” As used in this paragraph, “sub-license” is defined as “any arrangement in the Licensed Territory to route telephone calls made to the Number to any physical location or termination point of any third party that is not owned and operated by You, for a fee or other valuable consideration.” Nothing in this paragraph shall restrict You from utilizing a third-party “service bureau” to handle Your calls. In the event Your business is sold or transferred, You shall send written notice of said transfer to Company.
28. NO FRANCHISE OR SECURITY CREATED BY THIS AGREEMENT
Under no circumstances shall this agreement be deemed to create any type of franchise, security, “seller-assisted marketing plan”, or the like. You may only use Company’s toll-free number as licensed hereunder for the License Period and Territory as prescribed in this Agreement. Otherwise, You are strictly prohibited from using, advertising, publishing or promoting any and all of Company’s trademarks, service marks, trade names, logotypes, advertisements, and/or other commercial symbols designating Company or its affiliates unless authorized in writing.
29. REGULATORY MATTERS
A. This Shared-Use Toll-Licensing Agreement is governed by the rules and regulations of the Federal Communications Commission, and by the “shared-use” provisions of the Industry Guidelines for Toll-Free Number Administration. In the event of a conflict between this Agreement and the voluntary Industry Guidelines for Toll-Free Number Administration, the terms and conditions of this Agreement shall govern.
B. You acknowledge that “shared-use” is a relatively new area and field of law and telecommunications practice, and that some rules and regulations may be either unsettled or conflict with this Agreement at this time. Accordingly, You agree to assume any and all risks inherent in any change or clarification of the applicable rules, regulations, policies and guidelines. You acknowledges that a change in any statute, rule, policy or guideline of the Federal Communications Commission (“FCC”), or an interpretation of any existing statute, rule, policy or guideline of the FCC, could result in a finding that a provision or provisions of this Agreement is or are illegal, invalid, void, or that the entire Agreement is illegal, invalid, or void; You agrees that in the event of any of the foregoing, Your sole and exclusive remedy shall be Your right to a pro-rated refund of any prepaid Annual Licensing Fee for the remainder of the contract year for which You have not received the shared-use enjoyment of the Number hereunder. Under no circumstances, and in no event, shall Company be required to sell, transfer or assign its rights to the Number, and it is the intent of the parties that Company’s rights to the Number shall be vigorously protected.
C. The parties agree that if rulings are made by any governmental body or court affecting this Agreement, they will amend this Agreement in a manner consistent with such ruling which will give maximum effect to the rights, obligations and representations of the parties set forth herein, provided that, in no event, shall You claim or be entitled to ownership, controlling interest, or “customer of record” or “number portability” rights to the toll-free 800 telephone number licensed hereunder, or to any other of Company’s toll-free telephone numbers or intellectual property.
D. Should a governmental or court ruling be rendered which would have the effect of vesting toll-free 800 number “ownership”, controlling interest, “customer of record”, and/or “number portability” rights to the toll-free telephone number licensed hereunder from Company to You, or to any party other than Company, or should You seek any such governmental or court ruling in an attempt to change the vesting and control rights to the Number, Company may, at its option, immediately terminate this Agreement and all call routing toYou.
30. SHARED-USE LICENSING FORMAT AND STRUCTURE, INCLUDING THE TERMS AND CONDITIONS OF THIS AGREEMENT, ARE CONFIDENTIAL TRADE SECRETS:
The structure of this Agreement, including its terms and conditions, are Confidential. You agree to keep the structure, terms and conditions of this Agreement strictly confidential, unless otherwise made available to the public by its posting to the Company’s website. Both parties agree to keep the material terms of this Agreement, and confidential information regarding the business practices of the other, strictly confidential.
31. DEFAULT OR BREACH OF CONTRACT; RIGHT TO SPECIFIC PERFORMANCE
In the event of any material default or breach of this Agreement by You, this Agreement may be terminated and call routing for the Licensed Territory may be disconnected by Company if, after written notice from Company, You do not reasonably cure said material default or breach within ten (10) days of such notice. In the event You are not in default of this Agreement, and this Agreement has not been terminated under the terms and conditions herein, Company warrants and agrees that it shall not terminate the routing of calls in Your Territory to You, and that You shall have the right to specific performance and injunctive relief to assure that Company’s selected RESPORG shall continue to route all calls from within the Licensed Territory to You as prescribed herein.
32. MISCELLANEOUS PROVISIONS
A. No change or modification of this Agreement shall be valid unless the same is in writing and signed by both You and Company. No waiver of any provision of the Agreement shall be valid unless in writing and signed by the party against whom it is sought to be enforced.
B. The failure of any party at any time to insist upon strict performance of any condition, promise, covenant, agreement or understanding set forth herein shall not and should not be construed as a waiver or estoppel of any of the terms of this Agreement. Each party shall always be without prejudice to enforce that party’s right to insist upon strict performance of the same terms of this Agreement at any future time or times.
C. The headings and other captions of this Agreement are for convenience of reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement.
D. The use of the term “Company” herein shall include any wholly owned corporation, partnership, trust or business entity that Company may choose, in its sole discretion from time to time, to designate as the lawful “customer of record” for the Phone Number.
E. This Agreement is, and is intended by the Parties, to be an integration of any and all prior negotiations, agreements and understanding, oral or written, concerning the subject matter of this Agreement. This Agreement contains the entire Agreement of the parties hereto, and sets forth all the promises, agreements, conditions, understandings, warranties and representations by and between You and Company, and there are no promises, agreements, conditions, understandings, warranties or representations, oral or written, express or implied, with respect to the subject matter hereof, other than as set forth herein.
F. Any legal action brought with respect to this Agreement must begin within one (1) year after the cause of action arises, with no extension of time for later discovery.
G. In any action to enforce any provision of this Agreement and/or for any breach of any provision of this Agreement, the prevailing party shall be entitled to recover reasonable costs in such action, including reasonable attorneys fees.
H. This Agreement may be executed in more than one part by the parties hereto, each of which shall be deemed an original, and which together shall constitute one and the same agreement. A telephone facsimile and/or photocopy and or online transaction may also serve as an original agreement.
I. This Agreement is hereby deemed by the parties to have been entered into in San Francisco, California. This Agreement shall be solely construed and interpreted under the laws of the State of California, subject to applicable provisions being pre-empted by applicable federal law and the rules and regulations of the Federal Communications Commission. Venue in any actions to enforce any term or condition of this agreement shall be only in the County of San Francisco, State of California. By executing this Agreement, each party hereto willingly and intentionally agrees to be subject to the personal jurisdiction of any and all courts of law located in the County of San Francisco, State of California.
By Clicking "I have read and agree to the Terms of Use" button, You acknowledge, agree, represent and warrant that: You are authorized to enter into this Agreement; You have read and understand each and every provision of this Agreement; You have voluntarily and knowingly assumed the obligations contained herein; You understand that Company cannot guarantee the functionality of the Phone Number until the Number is actually installed, tested and working and independently tested by You; and that You agree to be bound by the foregoing terms and conditions.