Terms of Use Statement

Terms of Use for National Association of Boards of Pharmacy and National Association of Boards of Pharmacy Foundation Website, Mobile Application, and NABPLAW

Please review these Terms of Use before using this website, accessing or using NABPLAW® (“NABPLAW”), or downloading or using a mobile application (“App”), of the National Association of Boards of Pharmacy® (NABP®) or National Association of Boards of Pharmacy Foundation® (NABPF®). NABP and NABPF are collectively referred to as “NABP.”

Welcome

Welcome to the NABP website (“Website”), App, or NABPLAW. NABP collectively refers to the Website, App and NABPLAW as “Site.” The Site and its information, material, programs, and services (collectively “Content”)are intended to advance NABP’s mission and objectives, provide a service to NABP’s members and those seeking to use NABP’s programs, provide information about NABP including, without limitation, NABP’s activities, programs, and services, or provide information regarding pharmacy regulation and information that NABP believes may be of interest to its members or customers.

Access or Use of the Site or Content

Any person or entity downloading, accessing, browsing, or using the Site, in any manner, is considered a “User” under this Terms of Use statement (“Statement”). All Users acknowledge and agree to be bound to the terms and conditions of this Statement, including all revisions to this Statement which may be made at any time, for any reason, in the sole discretion of NABP, with or without notice. If User does not agree with this Statement, or any revisions to this Statement following posting of such revisions on the Site, then User agrees to cease using the Site immediately. User agrees to periodically review the Statement terms and conditions to be aware of such revisions or additions.

User is responsible for his/her/its use of the Site and Content and all data, information, and material submitted, uploaded, or transmitted to, or downloaded or copied from the Site. Further, User is solely responsible for accessing, uploading information, downloading, and using the Site and Content in compliance with all applicable federal, state, and local laws. Only a User with an NABP-issued unique NABPLAW username and password may download, store electronically, or print copies of NABPLAW abstracts or content.

Any Content that User accesses, copies, downloads, uploads, or uses is done so at User’s risk and User assumes sole responsibility for any decisions made based upon the Content and any damage or harm to User’s computer, computer system(s), phone, or device due to use of the Content.

User acknowledges and agrees to use the Site and its Content in a lawful manner and in accordance with the terms of this Statement. User is strictly prohibited from engaging in unlawful, objectionable, or malicious conduct or activities related to the Site, its Content, or its servers, which include, but are not limited to, the transmission or distribution of viruses, computer worms, malware, Trojan horses, malicious code, denial of service attacks, unsolicited commercial e-mail, or the like; the unauthorized entry to any server, machine or device accessible via the Site; the unauthorized access, submission, or transmission of data or material protected by a proprietary right of NABP or another party; or the submission of harmful, obscene, sexual, threatening, harassing, defamatory, unlawful, or otherwise objectionable information, material, or communications. If User engages in prohibited conduct, activities, uses, transmissions, or submissions, or otherwise causes any technical disruption of the Site or the services or device(s) transmitting the Site to User, User shall be responsible for all NABP and third-party claims, losses, liabilities, and costs, including reasonable attorneys’ fees, arising from any and all such User conduct, activities, uses, transmissions, or submissions.

Disclaimers and Limitations

NABP offers the Site and its Content “as is.” To the fullest extent permitted by law, NABP disclaims all warranties regarding the Site and the Content, whether expressed or implied, including, but not limited to, any warranty as to the quality, accuracy, sufficiency, currency, reliability, non-infringement, merchantability, functionality, or suitability of the Site or the Content for any particular purpose. Further, User agrees that NABP and its members, directors, officers, employees, contractors, authorized representatives, affiliates, and assigns (collectively “Affiliates” or “AFFILIATES”) shall have no liability or responsibility for any damages, losses, costs, or expenses, regardless of the cause of action, which may arise, directly or indirectly, based upon the performance of the Site or User’s access to or copying, uploading, downloading, or use of the Site, the Content or the server(s) that makes the Site or Content available.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE FEDERAL, STATE OR LOCAL LAW, NABP, ITS AFFILIATES, AND/OR ANY PARTY INVOLVED IN DEVELOPING, PRODUCING, OR DELIVERING THE SITE OR CONTENT ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USER’S DOWNLOAD, ACCESS TO, OR USE OF THE SITE, SITE FUNCTIONALITY, OR CONTENT, OR USER’S ACCESS TO, PURCHASE, USE, OR DOWNLOAD OF ANY THIRD PARTY PRODUCTS, MATERIALS, OR SERVICES RELATED TO THE SITE.

NABP, ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY PARTY INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE, SITE FUNCTIONALITY, OR CONTENT ARE NOT RESPONSIBLE FOR ANY DAMAGE RESULTING FROM A  PARTY’S UNAUTHORIZED ACCESS OR USE OF THE SITE OR CONTENT, OR NABP’S OR OTHER PARTIES’ TRANSMISSION FACILITIES, PREMISES, OR EQUIPMENT IN CONNECTION WITH THE SITE.

NABP, ITS AFFILATES, LICENSORS, SUPPLIERS, AND ANY PARTY INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE, SITE FUNCTIONALITY, OR CONTENT ARE  NOT RESPONSIBLE FOR  NETWORKS, SYSTEMS, APPLICATIONS, DATA,SOFTWARE,  PROGRAMS, PROCEDURES, OR INFORMATION DAMAGE, ALTERATION, THEFT, LOSS, OR DESTRUCTION ARISING FROM ACCIDENT, MISCONDUCT, UNAUTHORIZED OR FRAUDULENT MEANS, DEVICES, OR ANY OTHER METHOD UNLESS SUCH DAMAGE OR LOSS IS CAUSED BY AN INTENTIONAL ACT OF NABP, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE, SITE FUNCTIONALITY, OR CONTENT. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF NABP, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED REPRESENTATIVES, AFFILIATES, AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If applicable federal, state, or local law does not permit the limitation or exclusion of liability or incidental or consequential damages as stated herein, then such limitations or exclusions shall be considered modified but only to the extent necessary to comply with applicable law. In no event shall NABP’s total liability to User, if any, for all claims, damages, injuries, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise, exceed the amount paid by User, if any, for accessing or using the Site or Content.

Third Party Internet Sites

The Site may include information about or links to other Internet sites maintained by third parties. NABPLAW may be hosted on or the App may be downloaded from a third-party site by using third-party resources including, without limitation, software, data, methods, or instructions. Unless otherwise noted, no endorsement of these third-party sites, their software, policies, methods, or content is intended or made based upon NABP’s inclusion of information or links on the Site or NABP engaging a third party to host NABPLAW or offer  the App. NABP and its members, directors, officers, employees, authorized representatives, and affiliates disclaim all responsibility and liability for these third-party sites, their software, policies, methods, and content, including without limitation their products, services, quality, accuracy, sufficiency, proper functioning, and compliance with law. Further, NABP and its members, directors, officers, employees, authorized representatives, and affiliates are not liable for any claim, loss, or damage arising from User’s download of the App from a third-party site, use of or reliance on the content of these third-party sites, use of these sites, purchase or use of any products or services offered on these sites, or linking to such sites from the Site.

Proprietary Information

The Site and  Content are proprietary and include copyrighted materials, trademarks, and intellectual property that are owned or used with permission by NABP or that are owned or used with permission by third parties. User may use Content on the Site for User’s non-commercial personal use only. Any other use, copying, publication, transmission, display, downloading, or distribution of any portion of the  Content is strictly prohibited without the prior written consent of NABP and/or the owner of any non-NABP copyrighted, trademarked, or proprietary Content.

Linking to the Site

Users and others who wish to establish a hyperlink to the Website may do so only upon the prior written approval of NABP. To request such approval, please complete our linking request form.

Monitoring of the Site

NABP may choose to monitor any area of the Website or use of the App or NABPLAW and may use or disclose any User information, data, or communications of any kind (i) to satisfy any law or regulation; (ii) to satisfy any administrative, judicial, regulatory, law enforcement, or government request or process; (iii) to protect or defend NABP’s rights or property or the rights or property of Affiliates, vendors, licensees, licensors, other Users, or the like; (iv) if NABP believes in good faith that the User is engaging in conduct that violates state or federal law; or (v) as otherwise specifically set forth in NABP’s policies, applications, registration forms, agreements, subscriptions, contracts, correspondences, terms, or the like.

Confirmation Numbers and Passwords

User agrees to maintain the security and confidentiality of each, username, password, identifier, verification number, confirmation number, and device that NABP may provide or that User may use in connection with the Site. User agrees to immediately notify NABP if a breach in such security or confidentiality is suspected or has occurred. User assumes all responsibility for any uses, submissions, or activities occurring under such confirmation number, username, password, identifier, verification number, confirmation number, or device.

NABP Remedies

In the event that User fails to adhere to the terms of this Statement, NABP may elect to pursue any and all available remedies that it deems appropriate at any time and in its sole discretion including, but not limited to, suspension or termination of User’s access to or use of the Site, injunctive relief, monetary damages, or referral of matters to law enforcement, governmental, or regulatory authorities for further handling.

Miscellaneous

This Statement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to any principles of conflicts of law. If any provision of this Statement is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Statement and shall not affect the validity and enforceability of any remaining provisions. Headings are included in this Statement for reference purposes only and are not binding on NABP.

Last updated: November 1, 2019

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Subscription Plan Policy

User acknowledges that the terms and conditions of this National Association of Boards of Pharmacy® (NABP®) and National Association of Boards of Pharmacy Foundation® (NABPF®) (collectively “NABP”) Subscription Plan Policy (“Policy”) apply to any person or entity (“User”, “they”, or “their”) purchasing or using a CPE Monitor Plus or a NABPLAW subscription plan (“Subscription”). User acknowledges that in the sole discretion of NABP, NABP may revise the terms and conditions of this Policy, at any time or for any reason, with or without notice. If User does not agree with this Policy, or any revisions to this Policy following posting of such revisions on the NABP Website or mobile application, then User agrees to cease using the Subscription immediately. User agrees to periodically review the Policy terms and conditions to be aware of such revisions or additions.
User is responsible for their access and use of the Subscription and agrees to do so in compliance with all applicable federal, state, and local laws.

  1. Overview of Subscription Plans and Payments

Subscriber will be charged then applicable fee for the entire Subscription term at the time of the Subscription purchase and each time the Subscription renews. NABP may use a third-party to process User’s payments. Applicable taxes, regulatory surcharges, and assessments, if any, may be charged to the User.

CPE Monitor

NABP offers two Subscription terms through the NABP website or the Android e-profile mobile app: one-year and two-years. The Subscription purchased through the Apple App Store is a one-year subscription which will renew automatically.

The Subscription purchased through either the NABP e-Profile mobile app or Apple App Store is billed in one payment for the applicable Subscription term. For example, if the User purchases a two-year Subscription, User will be charged the then applicable fee for the entire two-year Subscription at the time of the purchase and each time the Subscription renews.

NABPLAW

NABP offers two Subscription types: individual and organization. The individual Subscription is available for  one-day, one-week, one-month, or one-year terms. The organization Subscription is available only for one-year terms. At the end of the term, the Subscription will terminate. If the User desires to continue receiving NABPLAW services, User will need to renew the Subscription through the NABP e-Profile.

  1. Device Requirements

CPE Monitor

To use the Subscription, User’s smartphone or other device must satisfy certain system requirements  listed below.

  • For Apple devices (iPhone): an operating system of iOS 11 or above and a 4-inch or larger screen
  • For Android devices (phones and tablets):  an operating system of 6.0 or above and a 4-inch or larger screen
  • For desktop computers: the latest versions of the following browsers:
  • Google Chrome
  • Internet Explorer 11
  • Microsoft Edge
  • Safari

NABPLaw

NABPLAW  is accessible through the following Web browsers:

  • Google Chrome
  • Internet Explorer 11
  • Firefox
  • Safari
  1. Refund Policy

User hereby acknowledges and agrees that NABP does not refund any fees or charges related to User’s purchase of any Subscription. This includes any partially used or unused Subscription for which User has already paid. Upon any cancellation of the Subscription, User will not be issued a refund, prorated or otherwise, for any Subscription fees User paid.

Please note: If User purchases a CPE Monitor Subscription through the Apple App Store, the sale is final, and NABP will not provide a refund. User’s purchase will be subject to Apple’s applicable payment policy, which may not provide for refunds. Please contact Apple Support for assistance.

  1. Tax Responsibility

Depending on User’s jurisdiction, the stated Subscription price may be exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments (collectively, “Taxes”). User is responsible for and bears Taxes associated with its purchase of, payment for, access to, or use of the Subscription. Charges are inclusive of applicable Taxes where required by law. NABP’s and User’s obligations under this section shall survive the termination or expiration of the Subscription.

  1. Apple App Store Subscriptions

CPE Monitor

Subscriptions purchased through the Apple App Store will be charged through User’s Apple account and renew automatically through User’s Apple account.  Automatic renewals will be subject to Apple’s applicable automatic renewal policy. User can turn off automatic renewal in User’s Apple account settings. Please contact Apple Support for assistance.

NABPLaw

NABPLAW may be purchased only through the NABP e-profile.  It is not available through the Apple App Store.

  1. Subscription and Pricing Change Policy

NABP reserves the right to change Subscription plans, adjust pricing, or any components thereof in any manner and at any time as NABP may determine in its sole discretion.  If the Subscription fee increases, NABP will notify User. If the Subscription plans, pricing, or any components change during the User’s current Subscription plan, the change will be applied at User’s next Subscription renewal. NABP is not responsible for notifying User of changes to any applicable taxes.

  1. Payment Information and Credit Card Billing

By providing payment information to NABP, User agrees that the payment information is valid and (1) in User’s name or (2) in the name of an individual who has authorized User to use their payment information for User’s Subscription purchase. Credit card payments are processed by NABP’s third-party payment processor and NABP will automatically charge User’s credit card for the cost of the Subscription and any applicable taxes. If User purchases a Subscription and NABP is unable to process the User’s transaction or if the User disputes the credit card charge for the Subscription, or otherwise declines to pay for the Subscription, NABP reserves the right to decline to provide the Subscription, CPE Monitor Plus services, NABPLAW services, or future services, until NABP receives the correct payment. NABP may also notify one or more boards of pharmacy if User failed to pay for any Subscription-related services that NABP provided. User will be responsible for paying all past due amounts.

  1. CPE Monitor Promotion and Discount Codes

Any promotion code or offer (including any special discount pricing options) provided by NABP may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Subscription, except where expressly stated otherwise. Previous users of the Subscription do not qualify as new users. No promotion code or discount will apply to corporate or other group subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the Subscription, and any renewals fees will be charged in the amount in effect at the time of renewal for the type of Subscription purchased.

9. NABPLAW Usage Audit

Over the years, NABP is aware of NABPLAW Users sharing with unauthorized users their username and passwords, accordingly, NABP reserves the right to audit NABPLAW User’s and Subscribers compliance with this Subscription Plan Policy and the Terms of Use.

Effective November 1, 2019

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Privacy Policy

Last Updated: November 12, 2018

INTRODUCTION

The National Association of Boards of Pharmacy® (NABP®) or National Association of Boards of Pharmacy Foundation® (NABPF®) operates one or more websites (Website), such as www.nabp.pharmacy or www.nabp.net. NABP and NABPF are collectively referred to as “NABP.” Information about you may be collected through the Website. NABP may operate one or more software applications (App) that may collect information about you. The Website and App are collectively referred to as “Site.”

Information privacy and security are important to NABP, and NABP respects the personal information that you, as a user of the Site or NABP services, may share with us from time to time. This Privacy Policy (Policy) applies to user-identified information (Personal Information) that NABP may collect through the Site, affiliates, or products or services offered by NABP. NABP may amend this Policy at any time and at its sole discretion. NABP will post the amended Policy on the Site and will include the “Last Updated” date to reflect the effective date of the latest amendments. Your continued use of the Site following the posting of an amended Policy signifies your acceptance of the terms of the Policy as amended.

Please review the Policy and the Terms of Use, which apply to your use of the Site.

INFORMATION COLLECTED

NABP offers many services (Services), including educational, informational, examination, accreditation, licensure, registration, promotional, and subscription Services. NABP may ask you to provide Personal Information to complete a transaction or may use Personal Information to deliver Services. For example, if you request to register for an examination or meeting, or if you request a subscription related continuing pharmacy education, NABP may collect Personal Information such as your name, email address, or payment information to complete the registration or subscription that you requested.

The types of Personal Information that may be collected include:

  • First and last name;
  • Address;
  • Email address;
  • Telephone number;
  • Social security number;
  • Government-issued identification card number;
  • Payment-related information such as a credit or debit card number;
  • Educational data, such as the school or college of pharmacy from which you graduated, graduation date, internship hours, or continuing pharmacy education;
  • Professional information, such as your license or registration, certification information, or licensure or registration history;
  • Employment-related data;
  • Information such as your date of birth, login credential, or password;
  • Law enforcement-related information such as licensure or registration discipline, or sanction, exclusion, or criminal data;
  • Internet Protocol (IP) address;
  • Data related to your use of the Site, including click stream behavior (ie, the Site webpages that you view, the links that you click, and other actions that you take in connection with the Site), incident reports such as software crash reports;
  • Publicly available data;
  • Information requested by a licensing agency;
  • Data or information that may be particular to NABP Services; or
  • Information that you may authorize NABP to collect.

NABP may collect non-Personal Information during your visit to the Site. This information includes, but is not limited to, certain standard data that your browser sends to the Site such as your browser type and version, device type, language, access times, and the IP address of the website from which you arrived at the Site.

NABP may engage third-party service providers to support, provide, or administer Services, including the Site. These service providers may collect Personal Information on behalf of NABP or receive Personal Information from NABP. For example, NABP engages a third-party service provider that collects email addresses from individuals who subscribe to NABP e-News.

NABP might store some information on your computer hard drive in the form of a “cookie” to assist you with purchasing Services from NABP, to speed the log-in process, or to store information, such as personal preferences. Additionally, NABP’s third-party service providers may use information obtained through “cookies” for the purpose of evaluating your use of the Site, compiling reports on Site activity and Internet usage. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note, that if you refuse the use of cookies you may not be able to use the full functionality or Services of the Site.

When you pay for Services, credit card information may be collected by NABP through its Site, or you may be securely transferred from the Site to an NABP third-party service provider, which may collect your credit card information or other Personal Information for the purpose of processing your payment on behalf of NABP. Credit card information which is obtained by NABP through its Site is handled securely, in accordance with applicable laws and regulations, as well as payment card industry standards for such information.

USE OF PERSONAL INFORMATION

NABP uses Personal Information to deliver the Services you have requested, as you may permit from time to time, to contact you on behalf of boards of pharmacy, to contact you about your e-Profile, NABP account, or use of the Site, or for Association operations, including quality assurance purposes, to deliver to you information about NABP, or promotional activities.

Personal demographic and profile data may be used to tailor your experience at the Site, for example, to show you content you might be interested in.

NABP may use publicly available Personal Information about you for any purpose permitted under applicable law.

NABP may share your Personal Information with licensing agencies including, but not limited to, boards of pharmacy or pharmacy technician certification organizations if you are a certified pharmacy technician. For example, NABP may make your continuing pharmacy education data available to a board of pharmacy or pharmacy technician certification organization.

NABP may share your Personal Information with regulatory or law enforcement agencies as permitted or required by law.

NABP may disclose your Personal Information if required under the law or to comply with legal process, to protect or defend NABP rights, property, staff, or members, or the rights, property, or safety of others.

NABP may provide third-party service providers with your Personal Information for purposes of delivering the NABP Services you request, for third-party services that you may request, or to support, provide, or administer Services, including the Site. For example, NABP may provide your name, address, and phone number to our testing vendor if you request examination Services through the Site. NABP may provide your name and email address to a marketing organization to provide you with information about NABP Services.  Such third parties are required to protect your Personal Information in conformance with applicable state and federal laws. The privacy policy of such providers may apply to their use of your information. The provider’s policy may differ from this Policy, and you may wish to review the provider’s privacy policy or contact the provider directly for more information.

In the course of conducting Association business, NABP staff may access Personal Information for the purposes stated in this Policy. Staff are required to maintain the confidentiality of non-public Personal Information and are prohibited from unlawfully disclosing such information.

NABP may use or share de-identified data about users of the Site or Services for one or more purposes described in the Policy.

NABP does not sell Personal Information to third parties.

When your Personal Information is no longer needed, NABP disposes of it using methods to protect the security and confidentiality of the Information data, such as shredding, erasing, or rendering the Information to be unreadable.

DO NOT TRACK DISCLOSURES

NABP does not respond to users’ web browsers that communicate a “do not track” signal to the Site. The use of tracking technologies by third-party service providers on the Site is not covered by the Policy. These providers may use cookies or other methods to support their tracking technologies; however, NABP does not control these tracking technologies.

CORRECTING/UPDATING INFORMATION

You may request changes to Personal Information previously provided to NABP, or notify NABP of the preferred method by which NABP contacts you, by contacting NABP Customer Service via:

  • Email: help@nabp.pharmacy
  • Phone: 1-847/391-4406
  • Fax: 1-847/375-1114
  • Postal mail: 1600 Feehanville Dr, Mount Prospect, IL 60056

When notifying NABP of a change in sensitive Personal Information (such as social security number or credit card information), NABP requests that you call or send a facsimile (fax) communication to NABP Customer Service.

OPT-OUT

If you prefer that NABP not contact you with information about NABP or promotional materials, you may opt-out by contacting NABP Customer Service via:

  • Email: help@nabp.pharmacy
  • Phone: 1-847/391-4406
  • Fax: 1-847/375-1114
  • Postal mail: 1600 Feehanville Dr, Mount Prospect, IL 60056
THIRD-PARTY LINKS

The Site may contain links to third-party websites that are not controlled by NABP. These third-party links are made available to you as a convenience and you agree to use these links at your own risk. Please be aware that NABP is not responsible for the content or operations of third-party websites linked to NABP, nor is NABP responsible for the privacy policies or practices of third-party websites linked to the Site or NABP.

SECURITY

NABP utilizes industry-standard measures to protect Personal Information under our control from misuse or unauthorized access. For example, NABP uses encryption technology to protect Personal Information that it collects through the Site; however, NABP cannot guarantee that these measures will fully protect the Personal Information. NABP will take all reasonable steps to protect the safety of your Personal Information.

OPERATIONS

Our Site and the servers that make the Site available world-wide are located in the United States. The laws of the US govern all matters relating to and all transactions involving the Site. Any information you provide in registering or purchasing goods or Services from NABP will be transferred to the US. By visiting the Site and providing information to NABP through your use of the Site, you authorize this transfer, processing, and use of information.

AGREEMENT WITH PRIVACY POLICY

By using Services or logging onto or using the Site, you signify your agreement to the terms of the Policy and any modifications thereof and that you release and hold harmless NABP, its members, directors, officers, employees, contractors, and affiliates from any and all claims arising from information that you provide or transmit to NABP or the Site in an unsecured manner.

Your use of the Site is governed by the Policy and the Terms of Use.

If you have any questions about the Policy, the practices of the Site, NABP Services, or your interactions with the Site, you can contact NABP via email at help@nabp.pharmacy or via phone at 1-847/391-4406.

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