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Terms of Use Agreement

Welcome to b-linked.org, b-accepted.org, and b-everywhere.org, (collectively, the "Site," "us" or "we"), an online destination connecting Jewish teens. The Site is operated by B'nai B'rith Youth Organization, Inc. ("BBYO"). The following User agreement ("Agreement") governs the use of BBYO's online service ("Services"), including participation in its bulletin boards, forums, and email. Please read the rules contained in this Agreement carefully. You can access this Agreement at any time at www.bbyo.org/about/terms_of_use/.

Your use of and/or registration on any aspect of the Service will constitute your agreement to comply with these rules. If you do not accept this Terms of Use Agreement ("Agreement"), please do not use this website.

We care about Internet safety and security. For more information on how to use the Internet safely and securely, please visit http://www.netsmartz.org/netteens.htm.

Eligibility

The Site is only intended for Jewish teens between the age of 13 and when they graduate from high school. We do not knowingly permit users under the age of 13 to join, or participate in, the Site. In addition, we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using the Services. Any information submitted by such users will not knowingly be used, posted or retained by us. By your participation in our Site activities, you certify that you are at least 13 years of age and meet any other eligibility and residency requirements of the Site.

By using the Web site, you represent and warrant that you have the right, authority, and capacity to agree to and to abide by all of the terms and conditions of this Agreement.

Acceptance of Terms and Conditions

You understand, acknowledge and agree that you will abide by the terms of this Agreement. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, including any indemnifications, warranties, and limitations of liability. The Site's Privacy Policy is hereby incorporated in this Agreement by reference. The terms "you" and "user" as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.

Registration

To participate in various Site activities, users must complete a registration process and will receive/select a "screen name" and password. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

You may not select a screen name that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any screen name that we determine, in our sole discretion, to be unacceptable for use on the Site.

Modifications

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

Ownership of Intellectual Property

BBYO and/or its licensors own and retain all proprietary rights in the Site and the Services, including, but not limited to, designs, logos, graphics, artwork, images, photographs, audio clips, video clips, and other material, including the selection and arrangements thereof, copyrights, trademarks, service marks and trade names (the "Material") and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. Unless you have been given express written permission, you may not copy, create derivative works from, archive, modify, publish, distribute, circulate, publicly perform, display, sell, or lease any such Material to any third party or website, or otherwise use the Material in any way for any purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited. Accessing, viewing, or downloading the Materials may not be lawful by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You also understand, acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited.

We respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others.

If you believe that the Site contains elements that infringe your copyrights in your work, please follow this Notice and Procedure for Making Claims of Copyright Infringement.

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Site should be sent ONLY to our Designated Agent.

NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:

Service Provider(s):

B'nai B'rith Youth Organization, Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement:

S. Abrams

Full Address of Designated Agent to Which Notification Should be Sent:

800 Eighth Street NW
Washington, DC 20001

Telephone Number of Designated Agent:

202.857.6537

Facsimile Number of Designated Agent:

202.857.6568

Email Address of Designated Agent:

sabrams@bbyo.org

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following to be effective:

  • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work (or works) that you claim has been infringed;
  • A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
  • A clear description of where the infringing material is located on our web site, including as applicable its URL, so that we can locate the material;
  • Your name, address, telephone number, and e-mail address;
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Rules of Conduct

This site, which may provide users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages or other materials ("Postings"), is available only for your personal, non-commercial use. Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties.

You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. This means that you, the user, and not this Site, are entirely responsible for all Postings that you upload, post, email, transmit or otherwise make available via the Site as well as any and all interactions that you may have with other users. BBYO reserves the right, but has no obligation, to monitor disputes between you and another user. Postings do not reflect the views of the Site or BBYO. We may monitor, edit and/or screen Postings; however we shall not be liable for any Posting that is in violation of this Agreement. In no event shall the Site or BBYO have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement.

Users may not:

  • violate the copyright, trademark, trade secret, or other personal, publicity, or proprietary rights of any third party;
  • post material that is considered by the Site, in its sole judgment, to be obscene, indecent, defamatory, threatening, harassing, tortuous, abusive, hateful, embarrassing or harmful to another user or any other person or entity;
  • post a sexually-explicit image or statement;
  • post advertisements or solicitations of business;
  • post spam, junk mail, chain letters or pyramid schemes;
  • post any incomplete, false, fraudulent or inaccurate biographical information or general information which is not your own information, impersonate another person, or falsely state or misrepresent yourself or your affiliation with any person or entity;
  • use Public Areas for unlawful or commercial purposes;
  • post a profile for anything other than to participate in online discussion via the Public Areas;
  • send a message to a user for any reason other than to participate in online discussions;
  • delete or revise any content or material posted by any other person or entity; or
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting for any reason.

You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.

Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement, please send a message to sabrams@bbyo.org about it. We reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

License Grant

You grant the Site, its Owner and Operator, and its organizational partners, affiliates, successors and assigns, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, distribute, communicate to the public, publicly perform or display such Postings (in whole or in part), and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such content. You also warrant that the Posting is original to you or that you have all rights to grant the license set forth in this agreement and to permit any other user to access, display, view, store and reproduce such Postings for such user’s personal use. Subject to all of the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.

Email to Site and BBYO

All email sent to us should be generated by the person in whose name the email account is registered. Email users shall not mask their identity by using a false name or another person's name or account. We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request.

Any non-personal content you provide to the Site by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non‑confidential and we assume no obligation to protect such information from disclosure. You understand, acknowledge, and agree that the submission of such information shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by this Site and BBYO, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such content without restriction.

Advertising

From time to time, you may communicate with, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, organizational partners, or promotional partners (collectively, "Advertisers") as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

Hyperlinks to Third-Party Websites

This Site often provides links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Site of the content, advertising or business practices (including the privacy policies) of such third party websites, regardless of whether BBYO's logo or sponsorship identification is on the third party website, or whether the Site conducts "framing," which allows a user to access several webpages or websites while still viewing a header or border from this Site. These third party websites may have different privacy policies and business practices than we do. Therefore, we do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such websites. You further agree that the Site, its Owner and Operator, successors and assigns, and their respective officers, directors, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites. If you decide to access and use linked third party websites, you understand, acknowledge, and agree that you do so at your own risk.

Shopping

This Site may offer various goods and services for sale ("Products"), or direct or link to other websites that sell goods and services. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through this Site.

If a Product sold on this Site is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debt card account has been charged (in which event we will issue a credit to your account in the amount of the charge).

EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Our creation or transmission of an order confirmation does not signify final acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and are not for commercial resale. We do not accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.

You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site.

If an order consists of multiple items, they may be shipped separately depending on availability.

Commitment to Privacy

We respect your privacy and the use and protection of the Personal Information that you provide to us. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

By submitting content to any area of the Site open to other users or the general public, you understand, agree, and acknowledge that your content will be considered public material and will not be subject to the privacy protections generally afforded your Personal Information.

User Termination

You agree and understand that we may, at our sole discretion, terminate your membership or registration at any time, delete any or all of your Postings, or block access to the Site and/or any other service provided to you. The Site reserves the right to take such actions, with or without notice, for any reason or for no reason, and without any liability to the account holder or user.

Modification, Suspension or Discontinuance of Site

We reserve the right, at our sole discretion and at any time, to modify or discontinue the Service (or any part thereof) offered on the Site, on a temporary or permanent basis, with or without notice. The Site will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site.

Security of the Site

Portions of the Site are to be accessed only by registered users, who should have only one unique user name with one unique password. If you are found to share passwords with any non-registered user we will terminate your membership immediately without notice.

As a user of this Site, the following actions are also prohibited:

  1. Accessing data not intended for such user or logging into a server or account in which the user is not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Site without proper authorization.
  3. Forging any headers or otherwise manipulation of Site identifiers in order to disguise the origin of transmission through the Site.
  4. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site or the server of any user.
  5. Sending unsolicited commercial email individually or in bulk (also called, Spam), which promotes or advertises the Site, or any other activity, program, product, or service.
  6. Harvesting email addresses off this Site through an automated process.
  7. Bypassing this Site’s homepage via deep linking or any other means, or framing this Site, or any webpage or material on the Site without the express written permission from BBYO. Users are also prohibited from hyperlinking to this Site or any webpage in an email sent for commercial purposes, without the express written permission of BBYO.
  8. Attempting to gain unauthorized access to the Site's features or activities, interfering with or manipulating in any manner the entry or registration process for contests, sweepstakes, surveys, opinion polls, chat rooms, message or bulletin boards, or any other interactive features and activities on this Site.
  9. Falsifying identification or impersonating any person or entity, including, but not limited to, a Site or BBYO official, chat room or public forum leader, host, or guide, when accessing or participating in such features and activities.
  10. Setting up fake sites or other dummy sites that appear to be the Site, mirroring the Site’s contents, or otherwise copying any part of the Site Material and/or layout.

Violations of the Site's system or network security may result in civil or criminal liability. The Site will investigate possible violations of system or network security and may involve, and cooperate with a user's employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. The Site will also terminate the membership of any person that the Site believes, in its sole judgment, to have violated its security provisions.

Indemnification

You agree to indemnify, defend and hold the Site, its Owner and Operator, its affiliates and organizational partners, and their successors and assigns, or any of their respective officers, directors, employees, agents, licensors, representatives, Advertisers, operational service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings. BBYO reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with BBYO in the defense of any such claim, action, settlement or compromise negotiations, as requested by BBYO.

Limitation of Liability and Disclaimers

The Site and its Material may contain technical inaccuracies, typographical errors, and out of date information. The Site makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material, and the Site makes no warranty that the Site will meet your requirements. You understand, acknowledge, and agree that the use of the Site and the Material is at your own risk. The Site reserves the right to make changes to the Site and Material at any time.

IN NO EVENT SHALL THE SITE, ITS OWNER AND OPERATOR, PARENT COMPANY(S), ORGANIZATIONAL PARTNERS, AFFILIATES, SUCCESSORS OR ASSIGNS, AND THE SITE’S ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOOD WILL, OR YOUR USE OR YOUR INABILITY TO USE THE SITE, OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, OR THE USE AND/OR APPEARANCE OF THE MATERIAL ON THIS SITE, ACCESS TO ANY HYPERLINK ON THIS SITE, UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, OR ANY OTHER INTANGIBLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE SITE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER OR SOFTWARE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SOFTWARE, OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND ACKNOWLEDGE AND AGREE THAT THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTGRAPHS, OTHER MATERIAL, LINKS AND OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, you understand and agree that The aggregate liability for the Company to users for all claims arising from YOUR ACCESS, use OR INABILITY TO ACCESS or USE this site or ANY of the Material OR SOFTWARE is limited to $1.00 (one dollar and Zero Cents).

Legal Venue, General and Contact Information

This Agreement is governed by the internal substantive laws of the State of the District of Columbia, without respect to its conflict of laws provisions. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the courts within the District of Columbia. You agree to submit to the personal jurisdiction of the courts in the District of Columbia for any cause of action arising out of this Agreement.

If any provision of this Agreement, or the application thereof to any person or circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in this Agreement, this Agreement constitutes the entire agreement between you and the Site with respect to the use of Site.

No changes to this Terms and Use Agreement shall be made except by a revised posting on this page and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to this Agreement, unless such an amendment, waiver or change is in writing from an authorized officer or representative of BBYO.

The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.

If you have any questions regarding this Agreement, please contact the Site's Privacy Administrator via email at sabrams@bbyo.org, or contact:

BBYO International Office
800 Eighth Street NW
Washington, DC 20001
202.857.6537
ATTN: Privacy Administrator

This Terms of Use Agreement was last updated on October 2, 2005 and is effective immediately.

Copyright 2005 B'nai B'rith Youth Organization, Inc. All rights reserved.

BBYO International Office
800 Eighth Street NW
Washington, DC 20001
P: 202.857.6633 / F: 202.857.6568

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