Acceptance of Terms

Welcome to the GoGoPin website! Please read these Terms of Use ("Terms" or “Agreement”) carefully as they govern your use of this and related websites (“Website”) and your use and access to the services (“Service”) and create a legal agreement between you and MotionCloud, Inc. (“MotionCloud,” “GoGoPin,” “We,” or “Us). Users of the Website or Service must be 18 years or older. BY USING THE WEBSITE, REGISTERING OR USING THE SERVICE IN ANY WAY, YOU ARE AGREEING TO COMPLY WITH THE TERMS WITHOUT MODIFICATION OR EXCEPTION. If you do not agree to these Terms (without modification or exceptions) or are not 18 years or older then you may not use this Website or Service. Should you object to any portion of the Terms or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Website and Service.

Privacy Policy

Please review our Privacy Policy to understand how we handle personally identifiable information about users. Our Privacy Policy is located here. Please read it carefully as it is included in these Terms. This means that you agree to this Privacy Policy when you agree to these Terms. If you do not agree to the Privacy Policy, then you may not use the Website or Service.

Changes to these Terms; Your Acceptance

You understand and agree that we may, as we determine, change, modify or otherwise alter these Terms at our sole discretion at any time without further notice. Such modifications shall become effective immediately upon the posting thereof. Your continued use of the Service or the Website after any such changes means you agree to the new Terms. If we make any material changes to the Terms, we will endeavor to post the changes here and will indicate at the top of this page the date these Terms were last revised. In that regard, you agree that we may, without any obligation to do so, provide you with notices, including those regarding changes to the Terms, including by email, regular mail, text message, postings on the Website or through the Service, or other reasonable means now known or hereinafter developed. If you do not agree to abide by any future Terms, you may not continue to access or otherwise use the Service or the Website. It is your responsibility to regularly check the Website and review these Terms on a regular basis to keep yourself apprised of any changes to the Terms.

Return / Cancellation Policy and Account Termination

All sales are final. Subscriptions will continue based on user selected interval. To cancel your account, send an email to info@gogopin.com with your User ID and reason for cancellation. In most cases, your account will be de-activated within 24 hours. We can terminate your account or your use of the Website or Service at any time if we believe, in our sole discretion, that you have violated these Terms or otherwise improperly accessed or used the Website or Service.

User Account, Password Security

Some of the features of the Website or Service may require registration or the creation of an account on the Website or through the Service. You represent and warrant that any registration information you provide to GoGoPin is and will remain true and accurate. If you choose to register, then you understand that you are entirely responsible for the security and confidentiality of your password and account. Anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. You are entirely responsible for all activities that occur under your account. You shall immediately notify us of any unauthorized use of your account or any other breach of security of which you become or should reasonably become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service and Website, including regularly changing your password.

Limited License

GoGoPin grants you a personal, non-exclusive, non-assignable and non-transferable, revocable, terminable and limited license to access and use the Website and Service, solely with GoGoPin supported browsers through the internet for your own limited commercial purposes, subject to the terms and conditions of this Agreement, including payment of fees for the Service as applicable. You shall comply with all applicable laws and regulations with respect to any use of the Website and Service. You may not permit the Service to be used by or for the benefit of unauthorized third parties. Nothing in this Agreement shall be construed to grant you any right to transfer or assign rights to access or use the Website or Service. All rights not expressly granted to you in this Agreement are reserved by GoGoPin and its licensors.

Restrictions

Your right to use the Website and Service is personal to you. You may not transfer or make available your account identification and password to others. Any distribution by you of your account identification or password may result in termination of this Agreement in GoGoPin’s sole discretion. In addition to the other limitations and restrictions in this Agreement, you may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or Service in any way; (ii) modify or make derivative works based upon the Website or Service; (iii) use the Website or Service for time-sharing, rental or service bureau purposes; (iv) remove any proprietary notices, labels, or marks contained within or accessed in conjunction with any component of the Website or Service; or (v) modify, reverse engineer, decompile or disassemble or otherwise attempt to discover any source code relating to any part or all of the Website or Service; or (vi) use or access the Website or Service to, or undertake any of the foregoing, to: (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Service, or (c) copy any features, functions or graphics of the Website or Service.

Feedback

In the course of using the Website or Service, you may provide GoGoPin with feedback, including but not limited to suggestions, observations, errors, problems, or defects regarding the Website or Service (collectively "Feedback"). You hereby irrevocably transfer and assign to GoGoPin and agree to irrevocably assign and transfer to GoGoPin all of your right, title, and interest in and to all Feedback, including all patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights throughout the world (collectively, "Intellectual Property Rights") therein. You further acknowledge and agree that, as between the parties, GoGoPin owns all right, title, and interest in and to the Website and Service, including all Intellectual Property Rights therein, even if GoGoPin subsequently incorporates any Feedback into the Website Service. In addition, you agree and understand that you will not be entitled to any compensation for Feedback.

User Submissions

If you post or make available any contributions to the Website or Service, then you agree that other users can freely use such contributions ("Showcase Contributions"). By making such documents available, you hereby grant to GoGoPin and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, non-terminable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Submissions in connection GoGoPin's (and its successors' and affiliates') business, including with the Website and Services and for promoting and redistributing part or all of the same (and derivative works thereof) in any media formats and through any media channels now known or hereinafter invented. The license may also be exercised on behalf of GoGoPin by third parties acting on GoGoPin’s behalf (e.g. technology partners, service providers and independent contractors) and on behalf of GoGoPin’s and its affiliates’ respective licensors, vendors, and agents. You also grant each user of the Website or Service (“User”) a worldwide, non-exclusive, royalty-free license to access your User Submissions through the Website or Service, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the current or future functionality of the Website, and distribute User Submissions on third-party websites or via other network device type. You agree and understand that you will not be entitled to any compensation for User Submissions.

Advertisements As partial, material consideration for using the Website and/or Service, you agree and understand that GoGoPin may display GoGoPin and/or third party paid advertisements and other information adjacent to the Service and adjacent to your User Submissions. You further agree and understand that you will not be entitled to any compensation for any advertisement that is provisioned through the Website, the Service, and/or placed alongside your User Submission or otherwise, and that GoGoPin shall be entitled to the full amount of any such revenue.

Content

You understand that all postings, messages, text, files, images, photos, audios, videos, User Submissions or other materials posted on, transmitted through, or linked from the Website or Service, are the sole responsibility of the person from whom such content ("Content") originated. Specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Website or Service. You understand that GoGoPin does not control, and is not responsible for Content made available through the Website or Service, and that by using the Website or Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that GoGoPin does not pre-screen or approve Content, but that GoGoPin shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Website or Service, for violating the letter or spirit of the Terms or for any other reason. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will GoGoPin, its affiliates and their respective licensors, vendors, and/or agents be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website or Service. We reserve the right to remove or decline to post any Content at any time, for any reason (or for no reason and without obligation to do so), without notice and at our sole discretion. In no event shall GoGoPin, its affiliates or their respective licensors, vendors, and/or agents have any responsibility for the back-up of any of any Content or any lost data resulting from the use, operation or discontinuation of any aspect of the Website or the Services or any liability in connection with the same. You are solely responsible for maintaining back-ups of your Content and any information generated or stored through the use of the Website or Service.

Modification of HTML Code

The modification of the HTML code provided for your postings to others sites is strictly prohibited. Users that modify the HTML code in any way may have their accounts deactivated without notice and at GoGoPin’s sole discretion.

Linked Content and Third Party Sites

GoGoPin provides links to and distributes listings through third party sites and resources over which GoGoPin has no control. GoGoPin is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. GoGoPin makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other Websites is at your own risk.

Conduct

You agree that you shall not cause any harm to the Website or Service. Without limitation, you agree, in addition to your other obligations under these Terms, that you will not: (a) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or Service or any transaction on or through the Website or Service; (b) upload, post or otherwise transmit any Content or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (c) use any robot, spider, other automatic device or manual process to monitor, use or copy any part of the Website or Service; (d) take any action that imposes an unreasonable or disproportionately large load on the Website or Service infrastructure or attempt to access any area of the Website or Service to which access is not authorized; (e) harm minors in any way; (f) impersonate any person or entity, including, but not limited to, a GoGoPin official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (g) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (h) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (i) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (k) intentionally or unintentionally violate any applicable local, state, national or international law; (l) "stalk" or otherwise harass another; (m) collect or store personal data about other users; or (o) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

Indemnity

You agree to defend, indemnify and hold GoGoPin, its affiliates, and their respective directors, employees, agents, vendors, customers, users, and licensors, harmless from and against, any and all lawsuits, claims, demands, liabilities, costs or expenses (including reasonable attorneys’ fees), settlements, damages, judgments and the like, including without limitation arising from or related to your use of or access to the Website or Service, Content, your violation of this Agreement, violation of law, or your violation of any rights of another. GoGoPin the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GoGoPin in asserting any available defenses and agree to reimburse the GoGoPin and pay GoGoPin’s reasonable attorneys’ fees and costs related to defending such claims and related to enforcing this Agreement, including any such fees incurred in connection with any appeal.

Modification of Service

GoGoPin in its sole discretion reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Service (or any part thereof) with or without notice. You agree that GoGoPin shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Service.

Termination of Service

You agree that GoGoPin, in its sole discretion, may terminate your password, use of the Service or use of any other GoGoPin service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if GoGoPin believes that you have violated or acted inconsistently with the letter or spirit of the Terms. GoGoPin may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that GoGoPin may immediately deactivate or delete your GoGoPin Service account and all related information and files in your GoGoPin Service account and/or bar any further access to such files or the Service. Further, you agree that GoGoPin shall not be liable to you or any third-party for any termination of your access to the Service.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE ARE EACH PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOGOPIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) WITHOUT LIMITING THE FOREGOING, GOGOPIN MAKES NO WARRANTY THAT (i) THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (V) ANY ERRORS IN THE WEBSITE OR SERVICE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND/OR (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOGOPIN, ITS AFFILIATES OR THROUGH OR FROM A THIRD PARTY OR THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitations of Liability; Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOTIONCLOUD GOGOPIN, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, VENDORS, SUPPLIERS, LICENSORS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE OR SERVICE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY EVENT OR FOR ANY REASON FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOGOPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICE; OR (v) ANY OTHER MATTER RELATING TO OR ARISING FROM THE WEBSITE AND/OR SERVICE. IN NO EVENT SHALL GOGOPIN, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, VENDORS, SUPPLIERS, LICENSORS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE OR SERVICE BE LIABLE OR OBLIGATED IN CONNECTION THIS AGREEMENT, UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO GOGOPIN FOR THE APPLICABLE SERVICE HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY.

Venue and Choice of Law; Injunctive Relief

Any claim or dispute relating to, and the use of, this Website, the Services and the materials contained herein is governed by the laws of the State of Washington, U.S.A., without regard to principles of conflicts of law and excluding the United Nations Convention on Contracts for the International Sale of Goods. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. You agree that monetary damages may not provide a sufficient remedy to GoGoPin for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies GoGoPin may have in law or equity or under this Agreement.

Digital Millennium Copyright Act

GoGoPin respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), a summary of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Designated Copyright Agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

GoGoPin’s designated Copyright Agent to receive notifications of claimed infringement is:

            Ray Kim
            MotionCloud, Inc.
            6226 196th ST SW Suite 1A
            Lynnwood, WA 98036
            
            Tel: 1-347-850-2221
            Email: support@gogopin.com
            

You understand and agree that if you fail to comply with all of the requirements of this Section, your DMCA notice might not be valid. We may give notice to our users of any infringement notice by means of a general notice on the Website, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a User's physical address in our records. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from.

Intellectual Property

All material on or available through the Website and Service, including text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of GoGoPin or its suppliers and protected by United States and international intellectual property laws. All software used on the Website and is the property of GoGoPin or its software suppliers and protected by United States and international intellectual property laws.

Trademarks

GoGoPin, the GoGoPin logo, and other marks indicated on our site are trademarks of GoGoPin, or its affiliates, in the United States and other countries. Other GoGoPin and related graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of GoGoPin. GoGoPin’s trademarks and trade dress may not be used in connection with any product or service that is not GoGoPin’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits GoGoPin. All other trademarks not owned by GoGoPin or its affiliates that appear on the Website or Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GoGoPin or its affiliates.

Spam Policy

You understand that sending unsolicited email advertisements to GoGoPin email addresses or through GoGoPin computer systems or Website or Services is expressly prohibited by these Terms. Unauthorized use of GoGoPin computer systems is a violation of the Terms and certain federal and state laws and may subject the sender and his or her agents to civil and criminal penalties.

Data and Backups

You acknowledge that GoGoPin may be provided, or have access to, personally identifiable information or private data through use of the Website and Service. GoGoPin will use commercially reasonable efforts to hold such information in confidence, except as required to comply with applicable law or valid legal process, however GoGoPin cannot guarantee the security of information or private data collected or submitted during use of the Website and Service and GoGoPin shall not be liable in any way for compromise of such information or private data. You agree to take all necessary actions to maintain a separate back-up of any data entered into the Website and Service. The entire risk regarding data, including backing-up data, integrity thereto and loss, shall at all times remain with you. You shall defend, indemnify and hold GoGoPin, its suppliers, and their respective directors, employees, agents and licensors harmless from and against, any and all lawsuits, claims, demands, liabilities, costs or expenses (including reasonable attorneys’ fees), settlements, damages, judgments and the like arising from or related to this section.

Survival

The sections and provisions contained in this Agreement that by their sense and context are intended to survive, including without limitation, the warranty disclaimers, limitation of liability, intellectual property ownership provisions, and indemnification provisions, shall so survive the completion of the performance, cancellation, termination or expiration of the Agreement for any reason.

Waiver, Severability, Amendment

Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right. If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect. This Agreement may be amended only in a non-electronic document signed by authorized representatives of you and GoGoPin.

Entire Agreement

These Terms, together with GoGoPin’s Privacy Policy located at http://ad.gogopin.com/Info/Privacy.aspx and any other legal notice published by GoGoPin on this Website or through the Services, constitute the entire agreement between the user and GoGoPin and supersede any prior understandings or agreements (written or oral) with respect to the subject matter hereof.