H.G. FENTON COMPANY PRIVACY POLICY
Last Revised: September 30, 2017
This H.G. Fenton Company Privacy Policy (“Privacy Policy”) describes how H.G. Fenton Company and its affiliates (collectively, “Fenton,” “we” “us” or “our”) treat and use data and information about you (“user”, “you” or “your”) that Fenton collects and receives from and about you through and from the Websites (as defined below), the Services (as defined below), and third parties.
The “Websites” means all websites operated now and in the future by or for Fenton, any websites or internet locations to which this Privacy Policy is linked, and include without limitation: hgfenton.com, hgfentonhomes.com, scrippslanding.com, tierrasantaridge.com, solanahighlands.com, seagatecondorentals.com, eldoradohillsapts.com, belladelmarapts.com, riverfrontrentals.com, clubriverrun.com, portofinoapthomes.com, creekview.info, eveningcreek.info, aquateraliving.com, urbanalivingsd.com, solterraecoluxuryapts.com, breweryigniter.com, revitalizingsh.com, livevici.com, silvertonbc.com, and all other Fenton websites linked to these Terms now or in the future.
The “Services” means those services, products or features Fenton may offer from time to time on or through one or more of the Websites, including, without limitation, listings of available residential and commercial properties, online rental application services, online rental or lease payment services, online service request capability, community classifieds, online career center and job application capability, testimonial submission center, community rewards programs, and event calendars and newsletters.
We want you, our user, to understand how we collect and use data about your visit to the Websites, specifically the portions of the Websites or Services that require you to register and/or log in to gain access, fill out forms or otherwise provide information about you. You can choose not to provide us with this information, but certain portions of the Websites or certain Services may not be available to you.
This Privacy Policy is made part of, and incorporated into, Fenton’s Terms of Use (“Terms”) by reference. As described more thoroughly in the Terms, by accessing or using each Website and Service, and, where prompted, clicking “I agree” or “Click to Consent,” you acknowledge that you have read, understood and agree to be bound by the Terms, including this Privacy Policy, which form an agreement that is effective as if you had signed it.
3.1. Personally identifiable information.
3.1.1. Personally identifiable information You Provide. In connection with your use of the Services we may ask you to provide personally identifiable information on the Websites, which may include your first and last name, home address, former home addresses, email address, home telephone number, mobile telephone number, employer name, work address, employment history, gender, birth date, age, personal traits and likeness, Social Security number (“SSN”), password, credit or debit card number or other payment method, billing information, preferences for products or services, shopping and entertainment, financial information and other information about you that is not otherwise publicly available. We also might ask you about relevant details about a property that interests you. These details may include whether the location is a business or residence, the location, and the square footage, to give some examples. This information can be gathered when you send us an e-mail or when you complete the specific web page request or registration form. In all such cases you choose whether to provide us with the personally identifiable information, but certain portions of the Websites or certain Services may not be available to you or we may not be able to respond to your inquiry effectively if you do not provide the personally identifiable information requested.
3.1.2. Personally identifiable information Acquired From Third Party Sources. Fenton also may acquire personally identifiable information about you from publicly available sources, social media platforms, third party providers of Services available on the Websites, vendors and other third parties that may share information as permitted in their privacy policies. For example, we may obtain personally identifiable information about you from our third party payment processing providers, currently ClickPay, Entrata and PayLease, in order to process rental and lease payments. In addition, if you register to use certain Services available through the Websites using login credentials from an account you have with a third party, such as a Facebook, Twitter, YouTube, Vimeo or Google account, you give us express permission to receive data from such third party. Fenton may combine personally identifiable information and other information collected as described above with information available from other sources (such as other platforms, analytics services, offline records or publicly available information). If the combined information, or any other non-personal information that Fenton collects about you, is maintained, used or shared in a manner that associates it with you, your name, contact information (online or offline) or other personal information, we will treat such information as personally identifiable information.
3.2. Anonymous Information. We also collect certain anonymous or non-personal data regarding your usage of the Websites. This information does not personally identify users, by itself or in combination with other information. We gather it to improve the performance of the Websites and our Services. The non-personal data we collect can include, but is not limited to, information such as the type of browser you are using, your Internet Protocol address, the pages you view, and the length of your visit to the Websites, your media access control (MAC) address, the pages you request, type of computer or device you use, the operating system you use (e.g., Microsoft Windows, Mac OS, Google Chrome OS, iOS or Android), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer or Safari), the domain name of the Internet service provider, your activities while visiting or using the Websites or Services and the content you access or view, the time of your visit to or use of the Websites or Services, your general geographic location such as the city from which your computer or device is connecting to the Internet, information regarding the websites you visit prior to and after visiting the Websites or using the Services, information regarding your Internet location when you see Fenton’s ads and whether you click on such ads, information regarding your age, gender and interests with respect to products and services.
3.3. Cookies. Cookies are bits of electronic information that can be transferred to your computer or other electronic device to uniquely identify your browser. When you use the Websites and Services, we may place one or more cookies on your computer or other electronic device. We may use cookies to connect your activity on the Websites with other information we store about you in your account profile or your prior interactions on the Websites to, for example, store your preferences. The use of cookies helps us improve the quality of the Websites and Services for you, by identifying information which is most interesting to you, tracking trends, measuring the effectiveness of advertising, or storing information you may want to retrieve on a regular basis, such as your favorite properties. At any time, you may adjust settings on your browser to refuse cookies according to the instructions related to your browser. You may also adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer. However, if you choose to disable cookies, many of the Websites and Services will not operate properly.
3.4. Web Beacons The pages on the Websites may include Web beacons or pixels, which are electronic files to count users who have visited that page, to track activity over time and across different websites, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. We may, for example, implement a pixel on the pages of the Websites where you view a certain advertisement so that we can track whether you visit a website associated with that advertisement at a later time.
3.5. Third Party Analytics, Cookies, Web Beacons and Other Tracking Tools. We use Google Analytics, which collects information about our users of our Websites and reports usage trends to us, without identifying individual visitors. Google Analytics may collect similar information from you when you are on other websites. To learn more about Google Analytics, including how to opt out of it, please visit https://tools.google.com/dlpage/gaoptout.
We do not currently use other third party analytics programs or knowingly permit third parties to use cookies, web beacons, or other tracking on or from our Websites.
3.6. Do Not Track. California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn't an industry or legal standard for recognizing or honoring DNT signals, we don't respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.
4.1. Use and Disclosure of Personally identifiable information. 4.1.1. Uses by Fenton. Fenton uses the personally identifiable information you provide and it collects through the Websites in a manner that is consistent with this Privacy Policy and applicable law. If you provide personally identifiable information for a certain reason, we may use it in connection with the reason for which it was provided. For instance, if you contact us by email or submit a request through the Websites, we may use the personally identifiable information you provide to answer your question, complete your transaction, evaluate your application or resolve your problem. We use the information collected through the Websites for statistical purposes and for improving the Websites, as well as for our marketing purposes and potentially sending commercial emails to you. We often engage a third party’s software or services to assist us with these collections and analyses. As a practical matter, we must release your mailing address to a postal or courier service to deliver information you requested. We use third parties to assist us with our marketing efforts, including assisting us with sending emails to you. This may include sending you free electronic newsletters and marketing-related emails for Services described on our Websites. However, you will have the choice to opt out of receiving newsletters and marketing emails as described below in Section 6, CORRECTING OR REMOVING YOUR PERSONALLY IDENTIFIABLE INFORMATION/OPT OUT. On certain of our Websites pages where you have submitted detailed information concerning potential properties, job postings or other Services, we will use this information only for the purposes of contacting you and determining which job, property or service and so forth may be most relevant to you. 4.1.2. Sharing with Third Parties. We will only share personally identifiable information that you provide to us or we collect to third parties in the following circumstances:
4.1.3. Marketing Uses by Third parties. We do not disclose personally identifiable information to third parties for their marketing purposes without your prior consent. Fenton works closely with certain businesses to provide you with property information and services. Sometimes these businesses make special offers available to visitors to the Websites. If you request to receive information about these offers, we will share your personally identifiable information with these companies so that they can send you details about their special offers. Each of these companies has its own privacy policies with respect to the collection and use of personally identifiable information and we are not responsible for their use of your information.
4.1.4. Personally Identifiable Information You Disclose. We may collect and use any personally identifiable information you may submit in public areas of the Websites, subject to this Privacy Policy. However, you, not Fenton, are responsible for any personally identifiable information you choose to submit in any public area of the Services or Websites.
4.2. Use and Disclosure of Non-Personal Information. Fenton may use your non-personal information in a variety of ways, including, without limitation, to administer and improve the Websites and Services, improve navigation of the Websites upon your return visit, analyze and develop marketing and advertising campaigns, provide you with special offers and promotions and determine their effectiveness, customize the content or functionality of Websites to your preferences, and analyze trends and site usage. Fenton may share or disclose your non-personal information with or to employees and service providers who Fenton reasonably believes need such information to perform the foregoing tasks, Fenton also may use, disclose or share your non-personal information in any other way it desires. If any aggregated non-personal information or de-identified non-personal information becomes identifiable to a person, Fenton will treat such information as personal information. We will ask our contracting parties to agree to keep the aggregated non-personal information and de-identified non-personal information in its aggregated or de-identified form.
Please be aware that our Websites may contain links to other sites on the Internet that are owned and operated by third parties, including, without limitation, third party providers of certain Services such as our third party payment processing providers, currently ClickPay, Entrata and PayLease. The information practices of those websites linked to our Websites are not covered by this Privacy Policy and we are not responsible for the privacy policies of websites to which the Websites link. If you provide any information to such third parties websites, different rules regarding the collection and use of your personally identifiable information may apply. We strongly suggest you review such third party's privacy policies before providing any data to them. These other sites may send their own cookies or web beacons to users, collect data or solicit personally identifiable information. We cannot control this collection of information. You should contact these entities directly if you have any questions about their use of the information that they collect.
You are responsible for ensuring that the personally identifiable information you have submitted through the Websites is accurate and complete. To review or change your personally identifiable information collected by Fenton, please send your request, including the Website or line of business to which your request pertains, to generalcounsel@hgfenton.com or to:
H.G. Fenton Company Attn: General Counsel 7577 Mission Valley Road San Diego, California 92108
If you want to unsubscribe from an email or newsletter list of Fenton, please let us know by following the “Unsubscribe” instructions that are included in each promotional email from Fenton. Please note that such requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your purchases, transactions, dealings with the Websites, technical information about the Websites, or other important transactional or administrative matters.
We have implemented various reasonable security measures for the purpose of protecting your personally identifiable information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access and against other unlawful forms of processing. No transmission of information via the Internet can be entirely secure, however, so please always use caution when submitting personally identifiable information to the Websites and Services. You acknowledge that personally identifiable information will be processed and stored by Fenton in databases hosted in the United States. We will retain your personally identifiable information for as long as you have an active account, as needed to provide you with the Services, to comply with our legal, financial reporting, or compliance obligations, and to enforce this Privacy Policy and our Terms.
The Websites are directed to persons 18 years of age or older. Fenton and the Websites do not knowingly collect information from or provide Services to children under age 18. If you are under age 13, you are not permitted to use the Websites or any Services therein, or to submit any personally identifiable information to the Websites. Please see the Terms for more information regarding use of the Websites and Services by persons under age 18.
If you have questions or concerns regarding this Privacy Policy or about privacy at our Websites, please contact us by sending an email to general counsel or mailing an inquiry to the address set forth below and we will try to resolve it.
H.G. Fenton Company Attn: General Counsel 7577 Mission Valley Road San Diego, California 92108
We reserve the right to modify this Privacy Policy at any time. We encourage you to frequently review the Privacy Policy for any modifications. You can determine when the Privacy Policy was last revised by referring to the “Last Revised” legend at the top of this page. Any changes in this Privacy Policy take effect upon posting and apply only to use of the Websites and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you. Links to archived previous versions of the Privacy Policy are set forth below.
H.G. FENTON COMPANY PRIVACY POLICY
Last Revised: September 30, 2017
This H.G. Fenton Company Privacy Policy (“Privacy Policy”) describes how H.G. Fenton Company and its affiliates (collectively, “Fenton,” “we” “us” or “our”) treat and use data and information about you (“user”, “you” or “your”) that Fenton collects and receives from and about you through and from the Websites (as defined below), the Services (as defined below), and third parties.
The “Websites” means all websites operated now and in the future by or for Fenton, any websites or internet locations to which this Privacy Policy is linked, and include without limitation: hgfenton.com, hgfentonhomes.com, scrippslanding.com, tierrasantaridge.com, solanahighlands.com, seagatecondorentals.com, eldoradohillsapts.com, belladelmarapts.com, riverfrontrentals.com, clubriverrun.com, portofinoapthomes.com, creekview.info, eveningcreek.info, aquateraliving.com, urbanalivingsd.com, solterraecoluxuryapts.com, breweryigniter.com, revitalizingsh.com, livevici.com, silvertonbc.com, and all other Fenton websites linked to these Terms now or in the future.
The “Services” means those services, products or features Fenton may offer from time to time on or through one or more of the Websites, including, without limitation, listings of available residential and commercial properties, online rental application services, online rental or lease payment services, online service request capability, community classifieds, online career center and job application capability, testimonial submission center, community rewards programs, and event calendars and newsletters.
We want you, our user, to understand how we collect and use data about your visit to the Websites, specifically the portions of the Websites or Services that require you to register and/or log in to gain access, fill out forms or otherwise provide information about you. You can choose not to provide us with this information, but certain portions of the Websites or certain Services may not be available to you.
This Privacy Policy is made part of, and incorporated into, Fenton’s Terms of Use (“Terms”) by reference. As described more thoroughly in the Terms, by accessing or using each Website and Service, and, where prompted, clicking “I agree” or “Click to Consent,” you acknowledge that you have read, understood and agree to be bound by the Terms, including this Privacy Policy, which form an agreement that is effective as if you had signed it.
3.1. Personally identifiable information.
3.1.1. Personally identifiable information You Provide. In connection with your use of the Services we may ask you to provide personally identifiable information on the Websites, which may include your first and last name, home address, former home addresses, email address, home telephone number, mobile telephone number, employer name, work address, employment history, gender, birth date, age, personal traits and likeness, Social Security number (“SSN”), password, credit or debit card number or other payment method, billing information, preferences for products or services, shopping and entertainment, financial information and other information about you that is not otherwise publicly available. We also might ask you about relevant details about a property that interests you. These details may include whether the location is a business or residence, the location, and the square footage, to give some examples. This information can be gathered when you send us an e-mail or when you complete the specific web page request or registration form. In all such cases you choose whether to provide us with the personally identifiable information, but certain portions of the Websites or certain Services may not be available to you or we may not be able to respond to your inquiry effectively if you do not provide the personally identifiable information requested.
3.1.2. Personally identifiable information Acquired From Third Party Sources. Fenton also may acquire personally identifiable information about you from publicly available sources, social media platforms, third party providers of Services available on the Websites, vendors and other third parties that may share information as permitted in their privacy policies. For example, we may obtain personally identifiable information about you from our third party payment processing providers, currently ClickPay, Entrata and PayLease, in order to process rental and lease payments. In addition, if you register to use certain Services available through the Websites using login credentials from an account you have with a third party, such as a Facebook, Twitter, YouTube, Vimeo or Google account, you give us express permission to receive data from such third party. Fenton may combine personally identifiable information and other information collected as described above with information available from other sources (such as other platforms, analytics services, offline records or publicly available information). If the combined information, or any other non-personal information that Fenton collects about you, is maintained, used or shared in a manner that associates it with you, your name, contact information (online or offline) or other personal information, we will treat such information as personally identifiable information.
3.2. Anonymous Information. We also collect certain anonymous or non-personal data regarding your usage of the Websites. This information does not personally identify users, by itself or in combination with other information. We gather it to improve the performance of the Websites and our Services. The non-personal data we collect can include, but is not limited to, information such as the type of browser you are using, your Internet Protocol address, the pages you view, and the length of your visit to the Websites, your media access control (MAC) address, the pages you request, type of computer or device you use, the operating system you use (e.g., Microsoft Windows, Mac OS, Google Chrome OS, iOS or Android), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer or Safari), the domain name of the Internet service provider, your activities while visiting or using the Websites or Services and the content you access or view, the time of your visit to or use of the Websites or Services, your general geographic location such as the city from which your computer or device is connecting to the Internet, information regarding the websites you visit prior to and after visiting the Websites or using the Services, information regarding your Internet location when you see Fenton’s ads and whether you click on such ads, information regarding your age, gender and interests with respect to products and services.
3.3. Cookies. Cookies are bits of electronic information that can be transferred to your computer or other electronic device to uniquely identify your browser. When you use the Websites and Services, we may place one or more cookies on your computer or other electronic device. We may use cookies to connect your activity on the Websites with other information we store about you in your account profile or your prior interactions on the Websites to, for example, store your preferences. The use of cookies helps us improve the quality of the Websites and Services for you, by identifying information which is most interesting to you, tracking trends, measuring the effectiveness of advertising, or storing information you may want to retrieve on a regular basis, such as your favorite properties. At any time, you may adjust settings on your browser to refuse cookies according to the instructions related to your browser. You may also adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer. However, if you choose to disable cookies, many of the Websites and Services will not operate properly.
3.4. Web Beacons The pages on the Websites may include Web beacons or pixels, which are electronic files to count users who have visited that page, to track activity over time and across different websites, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. We may, for example, implement a pixel on the pages of the Websites where you view a certain advertisement so that we can track whether you visit a website associated with that advertisement at a later time.
3.5. Third Party Analytics, Cookies, Web Beacons and Other Tracking Tools. We use Google Analytics, which collects information about our users of our Websites and reports usage trends to us, without identifying individual visitors. Google Analytics may collect similar information from you when you are on other websites. To learn more about Google Analytics, including how to opt out of it, please visit https://tools.google.com/dlpage/gaoptout.
We do not currently use other third party analytics programs or knowingly permit third parties to use cookies, web beacons, or other tracking on or from our Websites.
3.6. Do Not Track. California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn't an industry or legal standard for recognizing or honoring DNT signals, we don't respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.
4.1. Use and Disclosure of Personally identifiable information. 4.1.1. Uses by Fenton. Fenton uses the personally identifiable information you provide and it collects through the Websites in a manner that is consistent with this Privacy Policy and applicable law. If you provide personally identifiable information for a certain reason, we may use it in connection with the reason for which it was provided. For instance, if you contact us by email or submit a request through the Websites, we may use the personally identifiable information you provide to answer your question, complete your transaction, evaluate your application or resolve your problem. We use the information collected through the Websites for statistical purposes and for improving the Websites, as well as for our marketing purposes and potentially sending commercial emails to you. We often engage a third party’s software or services to assist us with these collections and analyses. As a practical matter, we must release your mailing address to a postal or courier service to deliver information you requested. We use third parties to assist us with our marketing efforts, including assisting us with sending emails to you. This may include sending you free electronic newsletters and marketing-related emails for Services described on our Websites. However, you will have the choice to opt out of receiving newsletters and marketing emails as described below in Section 6, CORRECTING OR REMOVING YOUR PERSONALLY IDENTIFIABLE INFORMATION/OPT OUT. On certain of our Websites pages where you have submitted detailed information concerning potential properties, job postings or other Services, we will use this information only for the purposes of contacting you and determining which job, property or service and so forth may be most relevant to you. 4.1.2. Sharing with Third Parties. We will only share personally identifiable information that you provide to us or we collect to third parties in the following circumstances:
4.1.3. Marketing Uses by Third parties. We do not disclose personally identifiable information to third parties for their marketing purposes without your prior consent. Fenton works closely with certain businesses to provide you with property information and services. Sometimes these businesses make special offers available to visitors to the Websites. If you request to receive information about these offers, we will share your personally identifiable information with these companies so that they can send you details about their special offers. Each of these companies has its own privacy policies with respect to the collection and use of personally identifiable information and we are not responsible for their use of your information.
4.1.4. Personally Identifiable Information You Disclose. We may collect and use any personally identifiable information you may submit in public areas of the Websites, subject to this Privacy Policy. However, you, not Fenton, are responsible for any personally identifiable information you choose to submit in any public area of the Services or Websites.
4.2. Use and Disclosure of Non-Personal Information. Fenton may use your non-personal information in a variety of ways, including, without limitation, to administer and improve the Websites and Services, improve navigation of the Websites upon your return visit, analyze and develop marketing and advertising campaigns, provide you with special offers and promotions and determine their effectiveness, customize the content or functionality of Websites to your preferences, and analyze trends and site usage. Fenton may share or disclose your non-personal information with or to employees and service providers who Fenton reasonably believes need such information to perform the foregoing tasks, Fenton also may use, disclose or share your non-personal information in any other way it desires. If any aggregated non-personal information or de-identified non-personal information becomes identifiable to a person, Fenton will treat such information as personal information. We will ask our contracting parties to agree to keep the aggregated non-personal information and de-identified non-personal information in its aggregated or de-identified form.
Please be aware that our Websites may contain links to other sites on the Internet that are owned and operated by third parties, including, without limitation, third party providers of certain Services such as our third party payment processing providers, currently ClickPay, Entrata and PayLease. The information practices of those websites linked to our Websites are not covered by this Privacy Policy and we are not responsible for the privacy policies of websites to which the Websites link. If you provide any information to such third parties websites, different rules regarding the collection and use of your personally identifiable information may apply. We strongly suggest you review such third party's privacy policies before providing any data to them. These other sites may send their own cookies or web beacons to users, collect data or solicit personally identifiable information. We cannot control this collection of information. You should contact these entities directly if you have any questions about their use of the information that they collect.
You are responsible for ensuring that the personally identifiable information you have submitted through the Websites is accurate and complete. To review or change your personally identifiable information collected by Fenton, please send your request, including the Website or line of business to which your request pertains, to generalcounsel@hgfenton.com or to:
H.G. Fenton Company Attn: General Counsel 7577 Mission Valley Road San Diego, California 92108
If you want to unsubscribe from an email or newsletter list of Fenton, please let us know by following the “Unsubscribe” instructions that are included in each promotional email from Fenton. Please note that such requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your purchases, transactions, dealings with the Websites, technical information about the Websites, or other important transactional or administrative matters.
We have implemented various reasonable security measures for the purpose of protecting your personally identifiable information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access and against other unlawful forms of processing. No transmission of information via the Internet can be entirely secure, however, so please always use caution when submitting personally identifiable information to the Websites and Services. You acknowledge that personally identifiable information will be processed and stored by Fenton in databases hosted in the United States. We will retain your personally identifiable information for as long as you have an active account, as needed to provide you with the Services, to comply with our legal, financial reporting, or compliance obligations, and to enforce this Privacy Policy and our Terms.
The Websites are directed to persons 18 years of age or older. Fenton and the Websites do not knowingly collect information from or provide Services to children under age 18. If you are under age 13, you are not permitted to use the Websites or any Services therein, or to submit any personally identifiable information to the Websites. Please see the Terms for more information regarding use of the Websites and Services by persons under age 18.
If you have questions or concerns regarding this Privacy Policy or about privacy at our Websites, please contact us by sending an email to general counsel or mailing an inquiry to the address set forth below and we will try to resolve it.
H.G. Fenton Company Attn: General Counsel 7577 Mission Valley Road San Diego, California 92108
We reserve the right to modify this Privacy Policy at any time. We encourage you to frequently review the Privacy Policy for any modifications. You can determine when the Privacy Policy was last revised by referring to the “Last Revised” legend at the top of this page. Any changes in this Privacy Policy take effect upon posting and apply only to use of the Websites and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you. Links to archived previous versions of the Privacy Policy are set forth below.
H.G. FENTON COMPANY TERMS OF USE
Last Revised: September 30, 2017
Welcome to H.G. Fenton Company’s and its affiliates’ (collectively, “Fenton,” “we,” “us” or “our”) websites (collectively, the “Websites”, and each a “Website”). Fenton may offer from time to time certain services or features on one or more of the Websites , including, without limitation, listings of available residential and commercial properties, online rental application services, online rental or lease payment services, online service request capability, community classifieds, online career center and job application capability, testimonial submission center, community rewards programs, and event calendars and newsletters (collectively, the “Services” and individually, a “Service”). Fenton provides the Websites and Services to you ("user," "you" and "your"), subject to these Terms of Use (“Terms”).
The Websites comprise all websites operated now and in the future by or for Fenton and include, without limitation: hgfenton.com, hgfentonhomes.com, scrippslanding.com, tierrasantaridge.com, solanahighlands.com, seagatecondorentals.com, eldoradohillsapts.com, belladelmarapts.com, riverfrontrentals.com, clubriverrun.com, portofinoapthomes.com, creekview.info, eveningcreek.info, aquateraliving.com, urbanalivingsd.com, solterraecoluxuryapts.com, breweryigniter.com, revitalizingsh.com, livevici.com, silvertonbc.com, and all other Fenton websites linked to these Terms now or in the future. If you have a question whether a website or service is a Website or Service of Fenton, or if an entity is an affiliate of H.G. Fenton Company, please check the information posted on the site or contact Fenton at generalcounsel@hgfenton.com or (619) 400-.
Please carefully read these Terms before using any of the Websites or Services. By accessing or using each Website and Service, and, where prompted, clicking “I agree” or “Click to Consent,” you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Website or any of the Services) or Content (as defined below in Section 4). You should note that these Terms contain additional disclaimers and limitations on Fenton’s liability, which can be found in Sections 16 and 17 below, and indemnification by you, which can be found in Section 15. Please read these sections carefully and make sure that you understand and agree to them before continuing with your use of the Websites and Services.
YOUR ACCESS TO, USE OF AND BROWSING OF THE WEBSITES, CONTENT AND SERVICES ARE SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS AND FENTON’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE WEBSITES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Websites, you signify your acceptance of the then-current Terms. Any changes in these Terms take effect upon posting and apply only to use of the Websites and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you. Links to prior version(s) of the Terms are set forth at the end of these Terms for your reference.
The Websites are directed to persons 18 years of age or older. Fenton and the Websites do not knowingly collect information from or provide Services to children under age 18. If you are under age 13, you are not permitted to use the Websites or any Services therein, or to submit any personally identifiable information to the Websites. If you provide information to Fenton through the Websites, or use any of the Services, you represent and warrant to Fenton that you are 18 years of age or older. If you are 13 - 17 years of age, you may visit and browse the Websites, but you may not submit any personally identifiable information to the Websites or use the Services, and you represent and warrant to Fenton that you have the permission of your parent or guardian to use the Websites and any Services, and your parent or guardian agrees to these Terms on your behalf. If you are a parent or guardian and believe Fenton may have inadvertently collected personally identifiable information from your child under age 18, please notify Fenton immediately by sending an email to generalcounsel@hgfenton.com including the specific Website or line of business to which your request pertains.
The content available through the Websites , including, without limitation, text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of Fenton and/or its licensors, vendors or advertisers. You agree not to reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites or the Content other than as expressly authorized by Fenton in writing. Use of the Websites or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access or use the Websites by any means other than through a standard web browser.
You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit, or create derivative works from any part of the Websites or the Content unless expressly authorized by Fenton in writing. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Websites or in the Content.
Special terms may apply to some Services offered on the Websites, or to any sweepstakes, contests, or promotions that may be offered on the Websites. Such special terms (which may include official rules and expiration dates) may be posted in connection with the applicable Service, sweepstakes, contest, promotion, feature or activity. By using such Service, entering such sweepstakes or contests or participating in such promotions you will become subject to those terms or rules. We urge you to read the applicable terms or rules, which are linked from the particular activity, and to review the Fenton Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such Services, sweepstakes, contests and promotions. Any such special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.
Though we strive for accuracy, occasionally, the information on the Websites may contain typographical errors, inaccuracies, or omissions, including, without limitation, in relation to property descriptions, pricing, availability and other matters. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We hope this will not cause you undue inconvenience.
Please review the Privacy Policy for the Websites. If you do not agree with the Privacy Policy, you are not authorized to use the Websites or the Services. The terms of the Privacy Policy are incorporated in these Terms and made a part of these Terms by this reference.
Some Websites may restrict access to certain Services offered on the Websites and require user registrations or the creation of user accounts to use such Services. You also may be able to create and login to an account using a name and password of a third-party account, such as Facebook, Twitter, YouTube, Vimeo or Google. Fenton reserves the right to decline to activate an account for any person for any reason. In the event that you are required to select a username or password or use other login credentials to access any Services, you agree not to permit anyone else to use your username and password or other login credentials to access and use such Services. You agree that you are responsible for maintaining the confidentiality of your username and password or other login credentials and are fully responsible for all uses of your username and password or other login credentials and account, whether by you or others. You authorize Fenton to act on instructions received through use of your username and password or other login credentials, and agree that Fenton is not liable for any loss or damage arising from your failure to comply with this Section. You agree to immediately notify Fenton at general counsel@hgfenton.com of any unauthorized use of your username and password or other login credentials or any other breach of security. Fenton may suspend or terminate your access to and use of any of the Services or Websites if it believes that such theft, use, access or breach, or any other breach of these Terms, has occurred.
A separate agreement that addresses access and use may apply to your account and the Services accessed through that account. You agree to: (i) provide true, accurate, current and complete information about yourself; (ii) maintain and promptly update your account information to keep it true, accurate, current and complete; and (iii) comply with any such separate terms or agreement that applies to your account and the Services accessed through your account.
You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Fenton reserves the right to determine what types of conduct it considers to be inappropriate use of the Websites or Services. In the case of inappropriate use, Fenton or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using the Websites and the Services, you will not:
Fenton may have Facebook, Twitter, Instagram, YouTube, Vimeo or other social media pages and accounts and the Websites may have classifieds, calendars, and/or other message or communication facilities that are designed to enable you and others to communicate with Fenton and other users of the Websites (collectively, "Communication Services"). Any content, materials or views submitted, posted, shared, emailed, transmitted or otherwise made available by users through the Communication Services, including, without limitation, classifieds, testimonials and reviews (“Submissions”), are strictly those of the originating author, who is solely responsible for the submitted content. You acknowledge that your Submissions to the Communications Services may be or become available to others and that your use of or reliance on Submissions of others is entirely at your own risk. You agree only to post, send, and transmit Submissions that are proper, accurate, appropriate and related to the applicable Communication Service. Fenton does not endorse any Submissions nor vouch for their reliability. Under no circumstances will Fenton be liable in any way for any Submissions.
Your access to and use of any of Fenton’s social media pages shall be governed by these Terms to the extent these Terms are not contrary to the terms of use or other service agreements of the social media website operators. You, however, acknowledge that Fenton has no control over the operations of the social media websites to which this Site may link and you acknowledge and agree to indemnify and hold harmless Fenton for any breach of any terms of use or other service agreements of such social media site operators by virtue of your actions.
You acknowledge that Fenton may or may not pre-screen Submissions, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, edit, modify, delete and/or move any Submissions that are available via the Communications Services. Without limiting the foregoing, Fenton and its designees have the right to remove any Submissions that violate these Terms or are otherwise objectionable in Fenton’s sole discretion. Fenton shall have no liability for such removal.
By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Fenton’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all right, title, and interest, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission and consents and rights to post, distribute, or transmit your Submission. By making a Submission, you grant Fenton and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and city/town/village of residency, in Fenton’s discretion, on the Websites or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. With respect to your Submissions, you hereby waive (i) any right to inspect Fenton’s use of such Submissions; (ii) any right to receive compensation; and (iii) any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims.
The Websites may contain links to websites operated by third parties (“Third Party Websites”), including, without limitation, to provide certain of the Services. The Websites provide these links to Third Party Websites as a convenience to you, and your use of Third Party Websites is at your own risk. Third Party Websites are not under the control of Fenton and Fenton is not responsible for the content or services available on Third Party Websites. Your use of Third Party Websites is subject to the respective website policies, including, without limitation, the terms of use and privacy policies, of such Third Party Websites. Such links do not imply endorsement of information, material, content or services on any Third Party Website and Fenton disclaims all liability with regard to your access to, use of or transactions with such linked Third Party Websites. You acknowledge and agree that Fenton shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any services or content available on or through any other site or resource, including, without limitation, any Third Party Websites.
You may link another website to a Website subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Fenton or the Website; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with Fenton or the Website; (iii) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking website; and (iv) Fenton reserves the right to revoke its consent to the link at any time and in its sole discretion. You agree to take down the link if Fenton revokes its consent.
You acknowledge and agree that, as between Fenton and you, all right, title, and interest in and to the Websites, Services and the Content, including, without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Fenton or its licensors or vendors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. Without limiting the generality of the foregoing:
All Content included in the Websites is the copyright and property of Fenton or its content suppliers, licensors or vendors and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Websites for the sole purpose of using the Websites as a personal or internal resource or otherwise for its intended purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Websites, is strictly prohibited.
The trademarks, service marks, logos, slogans, trade names and trade dress used on the Websites and Services are proprietary to Fenton or its licensors or vendors. Unauthorized use of any trademark of Fenton may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Websites do not constitute or imply affiliation, endorsement or recommendation by Fenton, or of Fenton by the third parties.
Fenton may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Fenton’s Copyright Agent (identified below) a Notice containing the following information:
Fenton’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Copyright Agent, H.G. Fenton H.G. Fenton Company Attn: General Counsel 7577 Mission Valley Road San Diego, California 92108 Telephone: (619) 400-0120 Email: general counsel@ghfenton.com
Fenton reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Websites, Services or Content, or any portion thereof, with or without notice. You agree that Fenton will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Website, Service or Content, or any portion thereof.
Fenton reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Websites, Services or any part thereof for any reason, including, without limitation, any breach by you of these Terms. You agree that Fenton shall not be liable to you or any third party for any such suspension or termination.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FENTON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, VENDORS, SUPPLIERS AND OTHERS ACTING IN CONCERT WITH IT (COLLECTIVELY, THE “FENTON PARTIES”) HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR ACCESS TO OR USE OF THE WEBSITES, COMMUNICATIONS SERVICES, SERVICES, CONTENT AND/OR THIRD PARTY WEBSITES; (B) YOUR OR OTHER USERS’ SUBMISSIONS; AND/OR (C) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF FENTON OR ANY THIRD PARTY.
THE WEBSITES, SERVICES, COMMUNICATION SERVICES AND CONTENT AND OTHER ACTIVITIES OFFERED, CONTAINED IN, ACCESSED THROUGH OR ADVERTISED ON THE WEBSITES , INCLUDING, WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS TO THIRD PARTY WEBSITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FENTON PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH WEBSITES, SERVICES, COMMUNICATION SERVICES AND CONTENT AND OTHER ACTIVITIES OFFERED, CONTAINED IN, ACCESSED THROUGH OR ADVERTISED ON THE WEBSITES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITES, SERVICES, COMMUNICATION SERVICES, THIRD PARTY WEBSTIES AND CONTENT IS ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FENTON PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES, SERVICES, COMMUNICATION SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE USE, INABILITY TO USE, AVAILABILITY, OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITES, SERVICES, COMMUNICATION SERVICES AND THIRD PARTY WEBSITES. IN NO EVENT SHALL ANY OF THE FENTON PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ANY OF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF THE FENTON PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITES, SERVICES, COMMUNICATIONS SERVICES, CONTENT, THIRD PARTY WEBSITES, OR ANY OTHER INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITES SHALL NOT EXCEED FIFTY DOLLARS (U.S. $50.00).
The Limitation of Liability set forth in Section 17 shall be enforced to the maximum extent permitted by applicable law. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations in Sections 16 and 17 may not apply to you.
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of these Websites is H.G. Fenton Company, 7577 Mission Valley Road, San Diego, California 92108 and 619-400-0120. Complaints regarding any Website, Service or Content or requests to receive further information regarding use of the Websites, Services or Content may be submitted at the above address or sent to the following email address: generalcounsel@ghfenton.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
GOVERNING LAW AND DISPUTES These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree that the exclusive venue for any disputes arising between you and Fenton out of, under, or in connection with these Terms, the Websites, the Services or the Content shall be the state and federal courts in San Diego County, California, U.S.A., which venue is the most convenient and appropriate for the resolution of disputes concerning these Terms.
OPERATION SOLELY WITHIN THE UNITED STATES
The Websites are controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Websites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Fenton does not represent that the Websites, Services or Content are appropriate outside the United States of America. Fenton reserves the right to limit the availability of the Websites, Services and/or Content to any person, geographic area or jurisdiction at any time in its sole discretion.
Fenton shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms and the Privacy Policy set forth the entire understanding and agreement between you and Fenton with respect to the subject matter hereof. If any provision of the Terms or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms or the Privacy Policy shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Fenton’s failure to act with respect to any failure by you or others to comply with these Terms or the Privacy Policy does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or the Privacy Policy or your rights or obligations under these Terms or the Privacy Policy without the prior written consent of Fenton, and any assignment or transfer in violation of this provision shall be null and void. Other than the Fenton Parties, there are no third party beneficiaries to these Terms or the Privacy Policy.
Please direct any questions you may have about these Terms, technical questions or problems with the Websites or Services, or comments or suggestions to Fenton at generalcounsel@hgfenton.com or (619) 400-0120.
H.G. Fenton Company Electronic Communication Rules
Last revised: September 30, 2017
By clicking on the "apply online" button you will be taken to the web page that contains our online rental application. You will need to provide certain information, including without limitation, the following items in order to be able to complete the application:
Social Security Number
Driver's License
Current Address
Current Landlord contact info
Employment Information
Banking Information
If you decide not to apply online you may print a copy of the application and fax, email, mail or drop it off to the leasing office. If you submit electronically a PDF copy of your application and other documentation that you have submitted online will be sent to you at the email address provided on your application. For your own protection, certain sensitive information will be blocked out from the application that is emailed back to you.
Once we have received and reviewed your application you will be contacted by a H.G. Fenton employee. We will need a credit check fee of $35 for each person applying for the apartment as well as a holding deposit of $100. Payment may be made using a credit card (Visa or MasterCard) or by check.
Once your application is approved we will make arrangements for you complete a rental agreement and provide us with written proof of income or ability to pay rent.
By clicking your agreement to these Electronic Communications Rules, the Terms of Use (“Terms”) and Privacy Policy, you affirmatively indicate your acceptance of and agreement to the terms of each of these rules and policies. These Electronic Communications Rules are made a part of, and incorporated into, the Terms by reference.
In addition, by submitting your application electronically, you are acknowledging acceptance of any terms on the application and you are waiving any challenge to the validity of your application based on the electronic nature of your submission. This means that simply because you are submitting this electronically, it is no less valid than if you had physically signed it.
If you submit your application electronically, then you are also agreeing that we may contact you about your application materials via email or other electronic means. You may choose to revoke your consent to subsequent electronic communications by contacting the community to which you have applied. By electing to submit an electronic application, you confirm that you have access to a personal computer with browser software such as Microsoft Internet Explorer, Adobe Acrobat Reader; and Internet access.
By submitting the application electronically the applicant hereby acknowledges his/her endorsement and acceptance of this agreement, and he/she waives any challenge to the validity of this rental application agreement based on the applicant's submission by electronic means.
You agree to maintain an active primary email address and to update your designated email address on this site from time to time, as necessary. If you do not keep this email updated you may miss important communications from us about your application or other electronic records.
If you ever need a copy of the electronic records that we have on file for you, you can contact us by calling (855) 825-9430.
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