Website Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE YESA.CA WEBSITE.

These Terms of Use are a binding agreement that governs the use of yesa.ca, limits liability of YES Acquisitions Inc. and other persons, specifies the applicable governing law, and contains other important provisions affecting your legal rights. If you do not agree with these Terms of Use, do not access or use the yesa.ca website.

1. Acceptance of these Terms of Use

These Terms of Use, together with any documents and/or additional terms incorporated by reference (collectively, these “Terms of Use”), constitute a legal agreement between you and YES Acquisitions Inc. (the “Company,” “we,” “us,” “our”). These Terms of Use govern your access to and use of, including any content, functionality, and services offered on or through yesa.ca (the “Website”).

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE AND OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Each time you access or use the Website, you confirm that you have read, understood and agree to be bound by the most current version of these Terms of Use.

These Terms of Use are in addition to any other agreement(s) that you may have with the Company, including without limitation an agreement for your purchase of the Company’s services.

2. Permissable users

By accessing or using the Website, you represent and warrant that you are a natural person of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

You must not use the Website if you violate or breach any of the Terms of Use or if your permission to use the Website has been terminated by the Company.

3. Modifications to the Terms of Use and to the Website

We may revise and modify these Terms of use at any time, at our sole discretion. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website.

You agree to review these Terms of Use periodically to remain informed of any modifications since the “Last Updated” date above. Your continued use of the Website after any modifications constitutes your acceptance of the modified Terms of Use.

You are not permitted to modify, supplement, or amend these Terms of Use in any manner.

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

4. Your Use of the Website and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms of Use and comply with them. The Website, including content or areas of the Website, may require user submissions. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.Your provision of information and any submissions to the Website or through any functionality of the Website such as the “Contact Us” form, applications, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards and any other interactive functions constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

5. Conditions of Use and User Submissions

As a condition of your access and use of the Website, you agree to use the Website only for lawful purposes and in accordance with these Terms of Use.

The following site content standards apply to any and all content, material, and information you submit, post, publish, display, or transmit (collectively, “submit“) on or through the Website, including to other users or persons (collectively, “User Submissions“) and any and all interactive features or functions on the Website. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

A In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

B In any matter violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.

C Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in the Company’s sole discretion.

D Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

E Involve, contain, provide, or contribute any false, inaccurate, or misleading information.

F Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms of Use.

G Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

H Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

I Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

J Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

K Disable, overburden, damage, or impair the Website or interfere in any manner with any user’s ability to interact with and use the Website.

L Promote any illegal activity, or advocate, promote, or assist any unlawful act.

M Introduce any malicious or technologically harmful viruses, trojan horses, logic bombs or other material which is malicious or technologically harmful.

N Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, its servers, or connected networks.

O Give the impression that your content originates from or are endorsed by the Company or any other person or entity, if this is not the case.

P Use any manual or automated means (including robots, crawlers, or scrapers) to process, monitor or copy the Website content without prior consent.

Q Otherwise attempt to interfere with the proper working of the Website.

6. User Submissions and Grant of Licence

The Website contains interactive features and functions allowing User Submissions on or through the Website. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant the Company, its affiliates and service providers, and each of their respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you represent and warrant that:

A You own or have the necessary rights to submit the User Submissions;

B You have the right to grant the licence for the User Submissions to the Company and its affiliates and service providers, and each of their respective licensees, successors, and assigns to the User Submissions;

C The content of the User Submissions complies with these Terms of Use, and applicable laws and regulations;

D Your User Submissions will not infringe on the rights of any third party.

You understand and agree that you, not the Company, nor its parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

7. Site Monitoring and Enforcement, Suspension, and Termination

The Company has the right, without prior notice and in its sole discretion, to take any of the following actions at any time and for any reason, including without limitation if you violate these Terms of Use:

A Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.

B At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms of Use.

C Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

D Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

E Block access to the Website from specific IP address or devices.

F Restrict or disable any content, or functionality that violates these Terms of Use or is deemed harmful to the Company, the Website, or other users.

YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

8. Intellectual Property Rights and Ownership of Website Content

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

A Trademarks – YES Acquisitions Inc., Yesa, Yesa.ca, Yesa’s logos, including YESA Square Design, YESA Design, and all related names, logos, product and service names, designs, images, and slogans, whether registered or unregistered are trademarks or tradenames of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Any use of the trademarks or tradenames displayed on the Website is prohibited and shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

B Non-Use – Nothing appearing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the intellectual property, including any trademarks and tradenames on the Website. You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

  • your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  • a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
  • one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads.

Users are notpermitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy, or download any part of our Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

9. Communications

By using this Website, you authorize the Company to accept communications it receives from you as if those communications were provided directly by you in writing and signed by you, and to respond to your communications through the Website, by e-mail or other means.

Any communications sent to the Company through or on the Website are not effective unless and until they are processed by the responsible Company representative. The Company reserves the right, in its sole discretion and without notice or liability, to refuse to process any communications that it deems fraudulent or unlawful or defective, inaccurate or incomplete.

By providing your phone number and/or email through the Website, you consent to receive from or on behalf of the Company, marketing and promotional text messages about the Company’s services and products and other updates from the Company.

10. Privacy

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy as we deem necessary for use of the Website and provision of the Company’s services.

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.

11. Disclaimer of warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THERIN) NECESSARY FOR THE USE OF THE WEBSITE.

12. Third -Party Websites

For your convenience, this Website may provide links or pointers to third-party sites. Third-party sites are independent from the Company, and the Company does not endorse, and has no responsibility or liability for or control over third-party sites or their business, goods, services or content, or for any loss or damage that may arise from your use of them. For greater certainty, we make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. You are subject to any terms and conditions of such third-party sites.

13. Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, PRODUCTS, SERVICES, MATERIALS, POSTING, OR INFORMATION THEREON.

IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THESE TERMS OF USE THE COMPANY IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100.00). THE FOREGOING LIABILITY EXCLUSION AND LIMITATION APPLY TO LIABILITY UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY THE COMPANY OR ANY PERSON FOR WHOM THE COMPANY IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE, OR THE COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE BEING INCURRED.

14. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) directly or indirectly arising out of or relating to your negligence, misconduct, or breach of these Terms of Use or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use.

15. Geographic Restrictions

The owner of the Website is based in Canada. We provide this Website for use only by natural persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

16. Governing Law and Choice of Forum

The Website and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. 

Any action or proceeding arising out of or relating to this Website and under these Terms of Use will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

17. Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

18. Severability

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

19. Entire Agreement

The Terms of Use and our Privacy Policy and other relevant policies as may be added to the Website from time to time constitute the sole and entire agreement between you and the Company regarding the Website, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. In the event of any inconsistency between the statements in these Terms of Use and the statements in any services agreements between you and the Company, regarding the Website, the terms of the services agreements will control.

20. Reporting & Contact

This website is operated by YES Acquisitions Inc., 2139 Wyercroft Rd. Oakville, ON L6L 5L7.

Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to the Company at contact@yesa.ca

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to contact@yesa.ca

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