Effective date: 12/14/2021
This document provides terms and conditions of use of https://dundeemutual.com/ (the “Site”), the Dundee Mutual Insurance Company mobile application (the “App”) (collectively the “Dundee Mutual Insurance Company Platforms”), and provides additional information about Dundee Mutual Insurance Company. Please read these terms and conditions carefully before using the Dundee Mutual Insurance Company Platforms, as your use is expressly conditioned on your acceptance of the terms and conditions below, and any additional terms or conditions that may be within the Site itself (collectively “Agreement”). This Agreement is in addition to any other agreements between you and Dundee Mutual Insurance Company. This Agreement is not intended to alter the details of your policy coverage. In the event of a conflict between the terms of this Agreement and a term in your policy agreement, the policy agreement controls. If you require a duplicate copy of your policy, please contact your agent.
Definitions The terms “us”, “we”, and “our” refer to Dundee Mutual Insurance Company, the owner of the Dundee Mutual Insurance Company Platforms. The terms “User”, “you”, and “your”, as applicable refer to all individuals who access the Dundee Mutual Insurance Company Platforms. All text, information, graphics, design, and data offered through the Dundee Mutual Insurance Company Platforms, is collectively known as our “Content”.
Privacy Notice Our Privacy Notice is considered part of this Agreement and available on our Site. You must review our Privacy Notice by clicking on this link. If you do not accept and agree to being bound by all the terms of this Agreement, including our Privacy Notice, do not use the Dundee Mutual Insurance Company Platforms.
Arbitration Any legal controversy or claim arising from or relating to this Agreement and/or the Dundee Mutual Insurance Company Platforms, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our services, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Park River, North Dakota and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in North Dakota necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction Dundee Mutual Insurance Company makes no representation that all insurance products and services on this website are appropriate or available for use in your state. Some insurance products and services may not be available in all states or jurisdictions. If you choose to access this website you do so on your own initiative and are responsible for compliance with any local, state, and federal laws. The information contained on the Dundee Mutual Insurance Company Platforms is not an offer to sell or a solicitation to buy, any insurance product or service. No insurance product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase, or sale would be unlawful under the insurance or other laws of such jurisdiction. This Agreement will be treated as if it were executed and performed in Park River, North Dakota, and will be governed by and construed in accordance with the laws of the state of North Dakota without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to the Dundee Mutual Insurance Company Platforms must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Legal Age The Dundee Mutual Insurance Company Platforms are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to the Dundee Mutual Insurance Company Platforms by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using the Dundee Mutual Insurance Company Platforms, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement.
Harassment by Other Users If you believe that any User of the Dundee Mutual Insurance Company Platforms is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us. Limited License Dundee Mutual Insurance Company grants you a nonexclusive, nontransferable, revocable license to access and use the Dundee Mutual Insurance Company Platforms strictly in accordance with this Agreement. Your use of the Dundee Mutual Insurance Company Platforms is solely for internal, personal, noncommercial purposes unless otherwise provided in this Agreement.
MOBILE DEVICE By accessing and using the Dundee Mutual Insurance Company Platforms with your mobile phone, personal media player, slate computer, tablet computer or other mobile device (collectively “Mobile Device”), you acknowledge and agree that you may receive certain communications from Dundee Mutual Insurance Company (such as text messages and pictures, e-mails, or other electronic communications means, collectively “Mobile Communications”). By accessing and using the Application via your Mobile Device, you may incur fees from your mobile data provider or carrier, and you are solely responsible for the payment of such fees. If you choose to disclose information regarding your actual location (including location-related information provided by your mobile data provider or carrier, provider, or other third-party applications), you acknowledge and agree that (1) such information may be made available to other viewers of such information and (2) Dundee Mutual Insurance Company is not responsible for the correctness of such information and any use of such information by third parties, including other users.
Legal Compliance You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Dundee Mutual Insurance Company Platforms, Content, and any software provided therein.
Our Intellectual Property The Dundee Mutual Insurance Company Platforms may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of the Dundee Mutual Insurance Company Platforms does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Dundee Mutual Insurance Company. Our Content, as found within the Dundee Mutual Insurance Company Platforms, is protected under the United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of the Dundee Mutual Insurance Company Platforms does not grant you any ownership rights to our Content.
Content Disclaimer Our Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on the Dundee Mutual Insurance Company Platforms. Users are responsible for their own content where applicable and may update their content at any time without notice and at their sole discretion.
Errors, Corrections, and Changes We do not represent or otherwise warrant the Dundee Mutual Insurance Company Platforms will be error-free, free of viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through the Dundee Mutual Insurance Company Platforms will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or Content of the Dundee Mutual Insurance Company Platforms at any time.
Merchant and Advertisement Disclaimer We may allow access to or advertise certain third-party products or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITE OR ANY OTHER WEBSITE LINKED TO THE DUNDEE MUTUAL INSURANCE PLATFORMS. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant website. We are not responsible for information provided by you to Merchants. Our relationship with Merchants is solely as independent contractors and neither party has the authority to make any representations or commitments on behalf of the other.
Warranty Disclaimer Dundee Mutual Insurance Company is not responsible or liable in any manner for any content posted in the Dundee Mutual Insurance Company Platforms. Dundee Mutual Insurance Company is not responsible for the online or offline conduct of any User of the Dundee Mutual Insurance Company Platforms. The Dundee Mutual Insurance Company Platforms may be temporarily unavailable from time to time for maintenance or other reasons. Dundee Mutual Insurance Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of User communications. Dundee Mutual Insurance Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems, or traffic congestion on the Internet, or any combination thereof, including injury or damage to any User’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with the Dundee Mutual Insurance Company Platforms, including without limitation any software provided through the Dundee Mutual Insurance Company Platforms. Under no circumstances will Dundee Mutual Insurance Company be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of the Dundee Mutual Insurance Company Platforms, or any interactions between Users of the Dundee Mutual Insurance Company Platforms, whether online roofline’s INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE DUNDEE MUTUAL INSURANCE COMPANY PLATFORMS ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE DUNDEE MUTUAL INSURANCE COMPANY PLATFORMS MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. DUNDEE MUTUAL INSURANCE COMPANY INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE DUNDEE MUTUAL INSURANCE COMPANY PLATFORMS. DUNDEE MUTUAL INSURANCE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE DUNDEE MUTUAL INSURANCE COMPANY PLATFORMS, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. DUNDEE MUTUAL INSURANCE COMPANY DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN THE DUNDEE MUTUAL INSURANCE COMPANY PLATFORMS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO THE DUNDEE MUTUAL INSURANCE COMPANY PLATFORMS, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH THE DUNDEE MUTUAL INSURANCE COMPANY PLATFORMS OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OF OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DUNDEE MUTUAL INSURANCE COMPANY. THE DUNDEE MUTUAL INSURANCE COMPANY PLATFORMS SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE DUNDEE MUTUAL INSURANCE COMPANY PLATFORMS SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability Dundee Mutual Insurance Company, as well as all our Affiliates, will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Dundee Mutual Insurance Company Platforms, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of the Dundee Mutual Insurance Company Platforms, (d) your use of the Dundee Mutual Insurance Company Platforms, (e) the Content contained on the Dundee Mutual Insurance Company Platforms, or (f) any delay or failure in performance of the Dundee Mutual Insurance Company Platforms beyond our control. IN NO EVENT WILL DUNDEE MUTUAL INSURANCE COMPANY OR ITS DIRECTORS, EMPLOYEES, ORAGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSTPROFITS OR LOST DATA ARISING FROM YOUR USE OF THE DUNDEE MUTUAL INSURANCE COMPANY PLATFORMS, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH ORDOWNLOADED FROM THE DUNDEE MUTUAL INSURANCE COMPANY PLATFORMS, EVEN IF DUNDEE MUTUAL INSURANCE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DUNDEE MUTUAL INSURANCE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, ANDREGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNTPAID, IF ANY, BY YOU TO US FOR INSURANCE PREMIUMS DURING THE PREVIOUS THIRTY (30) DAYS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Submissions Users may submit content and information to the Dundee Mutual Insurance Company Platforms. You hereby grant to Dundee Mutual Insurance Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, reviews or comments, or other information communicated to Dundee Mutual Insurance Company through the Dundee Mutual Insurance Company Platforms (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Dundee Mutual Insurance Company will not be required to treat any Submission as confidential, unless otherwise stated in this Agreement, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Dundee Mutual Insurance Company operations. Dundee Mutual Insurance Company is not responsible for the monitoring or filtering of any Submission. Should any Submission be found illegal, Dundee Mutual Insurance Company will submit all necessary information to relevant authorities. Without limiting the foregoing, we have sole discretion to remove any Submission that violates this Agreement or is otherwise objectionable in our sole discretion. Users are responsible for complying with all applicable federal and state laws for their Submission, including copyright and trademark laws. You warrant that you will not use the Dundee Mutual Insurance Company Platforms to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Users who we deem, in our sole discretion, to be infringers of others’ intellectual property rights. Users agree not to use the Dundee Mutual Insurance Company Platforms to do any of the following:
Copyright Infringement Claims Dundee Mutual Insurance Company respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. Dundee Mutual Insurance Company reserves the right to remove access to infringing material posted to the Dundee Mutual Insurance Company Platforms. Such actions do not affect or modify any other rights Dundee Mutual Insurance Company may have under law or contract. If you believe that any portion of the material submitted through the Dundee Mutual Insurance Company Platforms infringes your copyright, notify Dundee Mutual Insurance Company of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3). Written Notification must be submitted to Dundee Mutual Insurance Company’s designated Agent: Ryan Dreger, Manager/Secretary Treasurer, 303 Briggs Ave S, Park River, ND 58270.
To be effective, the Notification must be in writing and contain 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 the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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;
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, Dundee Mutual Insurance Company will:
Remove or disable access to the material that is alleged to be infringing;
Forward the written notification to such alleged infringer;
Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
A physical or electronic signature of the alleged infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which Dundee Mutual Insurance Company may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, Dundee Mutual Insurance Company will:
Promptly provide the complaining party with a copy of the Counter Notification.
Unlawful Activity We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Links to Other Websites The Dundee Mutual Insurance Company Platforms may from time to time contain links to third-party websites. The inclusion of links to any website on the Dundee Mutual Insurance Company Platforms does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. Dundee Mutual Insurance Company has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
Legal Age The Dundee Mutual Insurance Company Platforms are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to the Dundee Mutual Insurance Company Platforms by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using the Dundee Mutual Insurance Company Platforms, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement.
Harassment by Other Users If you believe that any User of the Dundee Mutual Insurance Company Platforms is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us. Limited License Dundee Mutual Insurance Company grants you a nonexclusive, nontransferable, revocable license to access and use the Dundee Mutual Insurance Company Platforms strictly in accordance with this Agreement. Your use of the Dundee Mutual Insurance Company Platforms is solely for internal, personal, noncommercial purposes unless otherwise provided in this Agreement.
Unauthorized Use of Account Access to the secured components of the Dundee Mutual Insurance Company Servers is granted through creation of a username and password. The Account Holder is responsible to maintain the security/confidentiality of your password. If you believe that someone has used your registration information to access any secured areas of the Dundee Mutual Insurance Company Platforms without proper authorization, you must immediately notify Dundee Mutual Insurance Company.
Online Claims Submission or Policy Changes If you are a Dundee Mutual Insurance Company customer, you may be allowed to report an insurance claim online where available. Your online claim does not commit Dundee Mutual Insurance Company to coverage for this loss. Information you submit regarding your insurance policy and the loss is subject to review and verification. Dundee Mutual Insurance Company reserves the right to request additional information prior to reaching a decision on the claim. A claim representative will be communicating with you regarding your claim. All policy provisions contained in your policy remain in effect. Any changes to your policy coverage requested through the Dundee Mutual Insurance Company Platforms are not effective until approved by Dundee Mutual Insurance Company, at which point you will receive confirmation of the approval. If you have any questions concerning the coverage afforded by your policy, please contact Dundee Mutual Insurance Company.
Termination Dundee Mutual Insurance Company reserves the right to terminate your access to the Dundee Mutual Insurance Company Platforms or to any or all of its services at any time without notice for any reason whatsoever. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.
Indemnification You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, affiliates, assigns, third party suppliers of information, software, services, and documents, free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Dundee Mutual Insurance Company Platforms.
Severability and Survival Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions We reserve the right to change this Agreement at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes to the Dundee Mutual Insurance Company Platforms. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of this Agreement, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of the Dundee Mutual Insurance Company Platforms, our services, and products after any change to this Agreement and notifying you will constitute your acceptance of such change. If you do not agree with the changes to this Agreement, you can choose to discontinue the use of the Dundee Mutual Insurance Company Platforms.
Contact Information If you have any questions or suggestions regarding these terms and conditions, please contact us at: 701-284-7139 or [email protected]