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Terms of Service And Privacy Policy.

TERMS OF USE

Welcome to Look Again Doc, where we provide you with the ability to have access to a quick and easy, remote online quality second opinion from a board certified physician (“Second Opinion”). Before using the service, please review these terms and conditions (“Terms”) carefully. Your use of this service, including any request for or receipt of a Second Opinion, constitutes your acceptance of these terms and conditions. If you do not accept any of these Terms, you may not use this site or our services. We reserve the right, in our sole discretion, to modify these Terms at any time by updating this page. Your continued use of the site and services after such modifications are posted constitutes your acceptance of the Terms and agreement to be bound by all such modifications. You are responsible for reviewing these Terms on a regular basis.

PRIVACY STATEMENT / NOTICE OF PRIVACY PRACTICES

Please review our [Privacy Statement and Notice of Privacy Practices] for a description of how your personal information is collected, stored, used and shared as part of the services.

SITE ACCESS AND LICENSES
Look Again Doc grants you the limited right to access and use the site and services for your own personal use in accordance with these Terms. This right expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the site and/or services, any derivative of the site or services, and the collection and use of any personal or other information about other users of the site or services, of any kind. The above restrictions do not apply to your use of your Second Opinion report.

COPYRIGHT AND TRADEMARKS

All content found on our site and made available via the services, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (“Content”), in any form, including the compilation thereof, are protected by U.S. and international copyright laws and conventions and are the property of Look Again Doc and/or its licensors. Except as expressly provided in these Terms, any reproduction, directly or indirectly, of the Content, in whole or in part, by any means, is prohibited without the express written consent of Look Again Doc or the licensor.

SECURITY

The site and services use industry standard encryption and other software and require the use of a user name and password in order to utilize the services. This is designed to protect your information from disclosure to unauthorized third parties. While such security mechanisms are designed to protect your information, no system is 100% secure. When using our site and services, your information will be transmitted through the Internet, which is outside of our control. You are prohibited from violating, or attempting to violate, the security of the site and services. YOU HEREBY EXPRESSLY SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF OUR SITE OR SERVICES.

DIAGNOSTIC SERVICE

The service provided through this site is different from the diagnostic services typically provided by a physician. The physicians providing this service will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the physician may not be aware of facts or information that would affect their opinion of your diagnosis. In some cases, the facts may be critical to the opinion. TO REDUCE THE RISK TO YOU OF THIS LIMITATION, LOOK AGAIN DOC STRONGLY ENCOURAGES YOU TO DISCUSS THE SECOND OPINION WITH YOUR PHYSICIAN. BY SEEKING A SECOND OPINION FROM US, YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE AWARE OF THIS LIMITATION AND AGREE TO SOLELY ASSUME THE RISK OF THIS LIMITATION. Your use of the services and request for a Second Opinion is confirmation that you acknowledge and agree to assume the risks of the following limitations:  the diagnosis that you will receive is limited and provisional;  the Second Opinion is not intended to replace a full medical evaluation or a face-to-face visit with a physician;  the physician does not have important information that is usually obtained through a physical examination;  the absence of a physical examination may affect the physician’s ability to diagnose my condition, disease or injury;  no warranty or guarantee has been made to you concerning any particular result or cure of your condition.

LINKS TO THIRD PARTY SITES

This site contains links to websites operated by other parties. The presence of any third party link does not imply any endorsement of the company or the content on the website, but rather, are provided for your convenience only. We are not responsible for and do not control such websites. Use of other sites is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for reviewing and complying with the terms and conditions of use and the privacy statements of such third party websites. NO WARRANTIES THIS SITE, THE SERVICES AND THE CONTENT ARE PROVIDED BY LOOK AGAIN DOC ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE SERVICES OR THE CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LOOK AGAIN DOC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE AND/OR INFRINGEMENT. LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LOOK AGAIN DOC OR ITS LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, OR PUNITIVE DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT LOOK AGAIN DOC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE TOTAL CUMULATIVE LIABILITY OF LOOK AGAIN DOC AND ITS LICENSORS ARISING OUT OF THIS AGREEMENT, INCLUDING ANY TERMS INCORPORATED BY REFERENCE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU FOR THE APPLICABLE SECOND OPINION RELATED TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING SHALL NOT LIMIT YOUR OBLIGATION TO PAY ANY AMOUNTS DUE HEREUNDER. INDEMNITY You agree to indemnify, defend and hold Look Again Doc and its affiliates, employees, subsidiaries, contractors, officers and directors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with this site or the services.

CREDIT TRANSACTIONS

We do not accept payment in the form of cash, check, money order or insurance reimbursement. We only accept major credit cards, such as Visa, MasterCard and American Express. When you pay for any service through your credit card, you hereby authorize us to bill and charge the credit card indicated in your order, for any fees and/or any other amounts provided for in your order, as the same becomes due and payable and we shall debit the applicable amounts from your credit card. In the event that your credit card expires or we are otherwise unable to debit the applicable amounts from your credit card, we shall provide notice to you, whereupon you immediately shall furnish, in writing, to us a valid credit card account number. Your request for services will not be fulfilled until full payment has been received and verified.

GENERAL

By using this site and/or the services, you agree that the laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws, will govern these Terms and any dispute that might arise between you and Look Again Doc. You expressly agree that exclusive jurisdiction for any dispute with Look Again Doc, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any claim involving Look Again Doc, its affiliates, employee, subsidiaries, contractors, officers and directors. Use of the site or the services is unauthorized in any jurisdiction that does not give effect to the Terms. Any information or material provided to Look Again Doc may be de-identified and used by Look Again Doc or SecondLook Corporation in any way as may be allowed by law. You agree that in sending any information to Look Again Doc, you have agreed to be bound by Look Again Doc’s privacy policies.

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Privacy Policy

LookAgainDoc is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through software applications (including mobile applications) and websites (including the website currently located at https://www.lookagaindoc.com that we operate and that contain or link to this Privacy Policy (such applications and websites, the "Applications"). By downloading, accessing or using the Applications, or providing information to us in connection with the Applications, you agree to the terms and conditions of this Privacy Policy. This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, including, without limitation, any healthcare providers, any health benefits insurer, any accountable care organization, or plan (an "Insurer"), and, if applicable, Apple, Inc. Please note that the Applications may include the ability to access and submit certain information directly to third-party services; if you use such functionality, such third-party services' collection, use and disclosure of such directly accessed or submitted information will be subject to such services' applicable privacy policies, and not to this Privacy Policy. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available through the Applications. Your use of the Applications or the submission of any information in connection with the Applications following such changes means that you accept the revised Privacy Policy.

JURISDICTIONAL ISSUES

The Applications are controlled by us from the United States; accordingly, this Policy, and our collection, use and disclosure of your Personal Information, Protected Health Information and Additional Health Information, is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than the United States. We do not represent or warrant that the Applications, or any functionality or feature thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access or use the Applications do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. By using the Applications and submitting any Personal Information, Protected Health Information or Additional Health Information, users from outside the United States acknowledge that the Applications are subject to U.S. law and consent to the transfer of Personal Information, Protected Health Information and Additional Health Information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.

Personal Information

"Personal Information" is information that identifies you as an individual. We and our service providers may collect Personal Information from you, such as:

  • Name
  • Postal address (including billing and shipping addresses)
  • Telephone number
  • Email address
  • Credit and debit card number
  • Social Security Number

Protected Health Information, Additional Health Information and Other Information, as defined below, may be collected in connection with the Applications in addition to Personal Information. The collection, use and disclosure of such information are addressed separately below, under the headings "HEALTH INFORMATION" and "OTHER INFORMATION".

How We May Use Personal Information

We and our third-party service providers may use Personal Information:

  • To respond to your inquiries and fulfill your requests, such as to send newsletters to you.
  • To send to you administrative information, including information regarding the Applications and changes to our terms, conditions and policies.
  • To schedule and provide services related to the scheduling of your appointments, for example, to send to you appointment reminders; communicate with you and your healthcare providers regarding your appointments and related services provided by your healthcare provider; obtain or facilitate payments for appointments and related services provided by your healthcare provider; and provide you with related customer service.
  • To authenticate your customer relationship with an Insurer and/or your employment relationship with your employer, and, following such authentication, to send to you information from or related to such Insurer and/or employer.
  • To send to you marketing communications that we believe may be of interest to you.
  • To allow you to send messages to a friend through the Applications (please note that, by using such functionality, you are agreeing that you have the right to provide to us your friend's name and e-mail address for such purpose)
  • To personalize your experience on the Applications by presenting products and offers tailored to you.
  • To allow you to participate in contests, sweepstakes, incentive programs, and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully; in the event of a conflict between those rules and this Privacy Policy, those rules will govern.
For our business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing the Applications, improving our services, identifying usage trends, developing tools which help you assess the performance, competence and qualifications of healthcare professionals and conducting training programs for such professionals, and determining the effectiveness of our promotional campaigns. As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

How We May Use Personal Information

Your Personal Information may be disclosed:

  • To our third-party service providers that provide services such as hosting of the Applications, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services. Please note that we may use cloud service providers (such as Amazon Web Services LLC) in connection with the hosting of the Applications and the storage of Personal Information, and these service providers inform us that they apply security measures they consider adequate for the protection of information within their system.
  • To healthcare professionals, to schedule and fulfill appointments and provide healthcare services.
  • To an Insurer, to support such Insurer's use of the Applications in connection with its products, services and coverage, if your customer relationship with such Insurer has been authenticated.
  • To your employer, if your employment relationship with such employer has been authenticated, for the purposes described for Personal Information in this Privacy Policy, including marketing purposes.
  • To our affiliates, for the purposes described for Personal Information in this Privacy Policy, including marketing purposes.
  • To third parties, to permit them to send marketing communications to you.
  • To identify you to anyone to whom you send messages through the Applications.
  • By you, on message boards, forums (including review forums), chat, profile pages and blogs and other pages and services to which you are able to post information and materials. Please note that any information and materials that you post or disclose through these services will become public information, and may be available to other users of the Applications and to the general public.We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Applications.
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.
If we combine any Personal Information with any information such that the combined information meets the definition of Protected Health Information or Additional Health Information, as set forth below, then the combined information will be treated by us as Protected Health Information or Additional Health Information, as applicable, as long as it is so combined.

HEALTH INFORMATION

There are two categories of Health Information that we and our service providers may collect through the Applications: Protected Health Information and Additional Health Information.

  1. "Protected Health Information" is individually identifiable health information which is created or received by a covered entity (for example, a health care provider or health plan) and which relates to the past, present or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual. Protected Health Information is further defined by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and is subject to the protections of HIPAA. We and our service providers may collect Protected Health Information in connection with the Applications.
  2. "Additional Health Information" is information which does not fall within the category of Protected Health Information above (typically because it was not created or received by a provider or health plan), but which is the combination of Personal Information with information related to past, present or future physical or mental health or conditions, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual. We and our service providers may collect Additional Health Information in connection with the Applications.

How We May Use Protected Health Information and Additional Health Information

We and our third-party service providers may use Protected Health Information and Additional Health Information:

  • To respond to your inquiries and fulfill your requests, such as to send newsletters to you.
  • To send to you administrative information, including information regarding the Applications and changes to our terms, conditions and policies.
  • To schedule and provide related services regarding your appointments, for example, to send to you appointment reminders, communicate with you and your healthcare providers regarding your appointments and healthcare services, obtain or facilitate payments for appointments and healthcare services, and provide you with related customer service.
  • To provide you with health plan network information and access to other health plan information and tools as may be selected and offered by your authenticated Insurer.
  • To send to you marketing-related communications that we believe may be of interest to you (a) on the basis of Protected Health Information, if you opt-in to receiving such communications, and (b) on the basis of Additional Health Information, unless you opt-out of receiving such communications.
  • To personalize your experience on the Applications by presenting products and offers tailored to you, (a) on the basis of Protected Health Information, if you opt-in to learning about such products and offers, and (b) on the basis of Additional Health Information, unless you opt-out of learning about such products and offers.
  • For our business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing our Applications, improving our services, identifying usage trends, providing feedback to healthcare professionals and Insurers, developing tools which help you assess the performance, competence and qualifications of healthcare professionals, and determining the effectiveness of our promotional campaigns.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

How Protected Health Information and Additional Health Information May Be Disclosed

Your Protected Health Information and your Additional Health Information may be disclosed:

  • To our third-party service providers that provide services such as hosting of the Applications, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services. Please note that we may use cloud service providers (such as Amazon Web Services LLC) in connection with the hosting of the Applications and the storage of Protected Health Information and Additional Health Information, and these service providers inform us that they apply security measures they consider adequate for the protection of information within their system.
  • To healthcare professionals, to schedule and fulfill appointments and provide healthcare services.
  • In the case of Additional Health Information, to an Insurer and/or your employer, if your customer and/or employment relationship with such Insurer and/or employer has been authenticated; or in the case of Protected Health Information, after you have provided express authorization.
  • To our affiliates, for the purposes described for Protected Health Information and Additional Health Information in this Privacy Policy, including for marketing purposes in accordance with the choices provided by us to you hereunder.
  • To third parties, to permit them to send marketing-related communications to you (a) with respect to Protected Health Information, if you have opted-in to such sharing, and (b) with respect to Additional Health Information, unless you have opted-out of such sharing.
  • To third parties, to the extent that you authorize us to do so.
  • By you, on message boards, forums (including review forums) chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information and materials that you post or disclose through these services will become public information, and may be available to other users of the Applications and to the general public. We urge you to be very careful when deciding to disclose your Protected Health Information, or any other information, on the Applications.
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

OTHER INFORMATION

"Other Information" is any information that does not reveal your specific identity, such as:

  • Browser information
  • Server log files
  • Information collected through cookies, pixel tags and other similar technologies
  • Demographic information and other non-personally identifiable information provided by you
  • Aggregated information

How We Collect Information

We and our third-party service providers may collect Other Information in a variety of ways, including:

  • Through your device: Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, device identifier, language, the name and version of the software application you are using. We use this information for purposes such as ensuring that the Applications function properly and to understand usage of the Applications.
  • Through server log files: Your "IP Address" is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Applications, along with the time of the use and the pages visited within the Applications. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We use IP Addresses for purposes such as helping to calculate Applications usage levels, diagnose server problems and administer the Applications.
  • Using cookies: Cookies allow a server to transfer data to a device for recordkeeping and other purposes. We and our service providers use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the Applications, as well as for online tracking purposes. If you do not want information collected through the use of cookies, there is a simple procedure in most devices that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, some or all of the features, functionality and promotions available through the Applications may not be available to you.
  • Demographic information and other non-personally identifiable information provided by you
  • Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) and other similar technologies may be used in connection with some Applications pages and HTML-formatted e-mail messages to, among other things, track the actions of Applications users and e-mail recipients, measure the success of our marketing campaigns and compile statistics about Applications usage and response rates.
  • Physical Location: We may collect the physical location of your device, for example, using satellite, cell phone tower or WiFi signals. We may use your device's physical location to, among other things, provide you with personalized location-based services and content (for example, information regarding local healthcare providers). We may also aggregate this information to display usage trends. For example, we may aggregate search results and trends for particular conditions in a particular geographic area and display those aggregate results. We may also share your device's physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. We may also share deidentified information about your device's physical location for any purpose not prohibited by applicable law. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device's location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
  • From you: We may collect demographic information such as your location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Applications.
  • By aggregating information: Aggregated Personal Information, aggregated Protected Health Information and/or aggregated Additional Health Information does not personally identify you or any other user of the Applications. For example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code, and we may aggregate Protected Health Information and/or Additional Health Information to calculate the percentage of our users with particular medical conditions.

How We Use and Disclose Other Information

Please note that we may use and disclose Other Information for any purpose, except to the extent we determine that we are required to do otherwise under applicable law. If we so determine that we are required to treat any Other Information as Personal Information under applicable law, then, in addition to the uses listed in the "How We Collect Other Information" section above, we may use and disclose such Other Information for all the purposes for which we may use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information, Protected Health Information and/or Additional Health Information (such as combining your zip code with your name, or with your name together with a medical condition). If we combine any Other Information with Personal Information, Protected Health Information or Additional Health Information, then the combined information will be treated by us as Personal Information, Protected Health Information or Additional Health Information, as applicable, as long as it is so combined.

Any information or material provided to LookAgainDoc may be de-identified and used by LookAgainDoc or SecondLook Corporation in any way as may be allowed by law--to allow us to use it for research purposes.

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