Last Revised: March 7th, 2024
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS” ) CAREFULLY. THIS
WEBSITE AND ANY OTHER WEBSITES OF DIGITAL ANARCHY, ITS AFFILIATES OR AGENTS
(COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY
DIGITAL ANARCHY. THESE TERMS GOVERN THE
USE OF THE WEBSITE AND APPLY TO ALL INTERNET TRAFFIC VISITING THE WEBSITE. BY ACCESSING OR USING THIS WEBSITE IN ANY
WAY, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS,
AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND,
AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING
CONTRACT WITH DIGITAL ANARCHY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE
TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO
BIND THAT ENTITY TO THE TERMS. THE TERM
“YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS
THE USER WHEN YOU ARE ON THE WEBSITE. IF
YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS
WEBSITE.
IF YOU SUBSCRIBE TO ANY SOFTWARE MADE AVAILABLE FOR LICENSE ON THE WEBSITE
(“SOFTWARE”) FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE
AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE
INITIAL TERM AT DIGITAL ANARCHY’S THEN-CURRENT FEE FOR SUCH SUBSCRIPTION
SOFTWARE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 6.4
BELOW.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY DIGITAL ANARCHY IN ITS
SOLE DISCRETION AT ANY TIME. When
changes are made, Digital Anarchy will make a new copy of the Terms available
at the Website. We will also update the
“Last Updated” date at the top of the Terms. Digital Anarchy may require you to
provide consent to the updated Terms in a specified manner before further use
of the Website is permitted. If you do
not agree to any change(s) after receiving a notice of such change(s), you
shall stop using the Website. Otherwise,
your continued use of the Website constitutes your acceptance of such
change(s). PLEASE REGULARLY CHECK THE
WEBSITE TO VIEW THE THEN-CURRENT TERMS.
Use of the Services and Digital
Anarchy Software & Services. The
Software, the Website and the information and content available on the Website
(as these terms are defined herein) (collectively, the “Digital Anarchy
Software & Services” ) are protected by copyright laws throughout the
world.
Software. Use of any Software is governed by the terms
of the license agreement that accompanies or is included with the Software, or
by the license agreement expressly stated on the Website page(s) accompanying
the Software. These license terms may be
posted with the Software downloads or at the Website page where the Software
can be accessed. You shall not use,
download or install any Software that is accompanied by or includes a license
agreement unless you agree to the terms of such license agreement. At no time will Digital Anarchy provide you
with any tangible copy of our Software.
Digital Anarchy shall deliver access to the Software via electronic
transfer or download and shall not use or deliver any tangible media in
connection with the (a) delivery, installation, updating or problem resolution
of any Software (including any new releases); or (b) delivery, correction or
updating of documentation. For the
purposes of this section tangible media shall include, but not be limited to,
any tape disk, compact disk, card, flash drive, or any other comparable
physical medium. Unless the accompanying
license agreement expressly allows otherwise, any copying or redistribution of
the Software is prohibited, including any copying or redistribution of the
Software to any other server or location, or redistribution or use on a service
bureau basis. If there is any conflict
between the Terms and the license agreement, the license agreement shall take
precedence in relation to that Software (except as provided in the following
sentence). If the Software is a pre-release version, then, notwithstanding
anything to the contrary included within an accompanying license agreement, you
are not permitted to use or otherwise rely on the Software for any commercial
or production purposes. Some Software
may be offered under an open source license that we will make available to you.
There may be provisions in the open source license that expressly override some
of these terms.
Certain Restrictions. The rights granted to you in the Terms are
subject to the following restrictions: (a) you shall not license, sell, rent,
lease, transfer, assign, reproduce, distribute, host or otherwise commercially
exploit Digital Anarchy Software & Services or any portion of Digital
Anarchy Software & Services, including the Website, (b) you shall not frame or utilize framing
techniques to enclose any trademark, logo, or other Digital Anarchy Software
& Services (including images, text, page layout or form) of Digital
Anarchy; (c) you shall not use any metatags or other “hidden text” using
Digital Anarchy's name or trademarks; (d) you shall not modify, translate,
adapt, merge, make derivative works of, disassemble, decompile, reverse compile
or reverse engineer any part of Digital Anarchy Software & Services except
to the extent the foregoing restrictions are expressly prohibited by applicable
law; (e) you shall not use any manual or automated software, devices or other
processes (including but not limited to spiders, robots, scrapers, crawlers,
avatars, data mining tools or the like) to “scrape” or download data from any
web pages contained in the Website (except that we grant the operators of
public search engines revocable permission to use spiders to copy materials
from the Website for the sole purpose of and solely to the extent necessary for
creating publicly available searchable indices of the materials, but not caches
or archives of such materials); (f) except as expressly stated herein, no part
of Digital Anarchy Software & Services may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means; and (g) you shall not remove or destroy any copyright
notices or other proprietary markings contained on or in Digital Anarchy
Software & Services. Any future release, update or other addition to Digital
Anarchy Software & Services shall be subject to the Terms. Digital Anarchy, its suppliers and service
providers reserve all rights not granted in the Terms. Any unauthorized use of Digital Anarchy
Software & Services terminates the licenses granted by Digital Anarchy
pursuant to the Terms.
Registration.
Registering Your
Account. In order to access certain
features of Digital Anarchy Software & Services you may be required to
become a Registered User. For purposes
of the Terms, a “Registered User” is an end user of the Website (“User”) who
has registered an account on the Website (“Account”).
Registration Data. In registering an Account on the Website, you
agree to (1) provide true, accurate, current and complete information about
yourself as prompted by the registration
form (the “Registration Data”); and (2) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least
thirteen (13) years old; (2) of legal age to form a binding contract; and (3)
not a person barred from using Digital Anarchy Software & Services under
the laws of the United States, your place of residence or any other applicable
jurisdiction. You are responsible for
all activities that occur under your Account.
You agree to notify Digital Anarchy immediately of any unauthorized use
of your password or any other breach of security. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Digital Anarchy has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Digital Anarchy has the right to suspend or terminate your Account
and refuse any and all current or future use of Digital Anarchy Software &
Services (or any portion thereof). You agree not to create an Account or use
Digital Anarchy Software & Services if you have been previously removed by
Digital Anarchy, or if you have been previously banned from any of Digital
Anarchy Software & Services.
Ownership.
Digital Anarchy Software
& Services. You agree that Digital Anarchy and its suppliers own all
rights, title and interest in Digital Anarchy Software & Services. You will not remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Website.
Your Content. Digital Anarchy does not claim ownership of
any comments, posts, information or text you post, upload or otherwise make
available on the Website (“Your Content”).
However, when you post or publish Your Content on or in Digital Anarchy
Software & Services, you hereby grant us a non-exclusive right to copy,
display, perform, distribute, create derivative works of and otherwise use Your
Content on the Website.
Feedback. You agree that submission of any ideas,
suggestions, documents, and/or proposals to Digital Anarchy through its
suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own
risk and that Digital Anarchy has no obligations (including without limitation
obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all
rights necessary to submit the Feedback.
You hereby grant to Digital Anarchy a fully paid, royalty-free,
perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right
and license to use, reproduce, perform, display, distribute, adapt, modify,
re-format, create derivative works of, and otherwise commercially or
non-commercially exploit in any manner, any and all Feedback, and to sublicense
the foregoing rights, in connection with the operation and maintenance of
Digital Anarchy Software & Services.
User Conduct. In connection with
your use of Digital Anarchy Software & Services, you shall not: (a) make
available, post or upload (“Make Available”) any Content that (i) is unlawful,
tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or
otherwise objectionable; (ii) violates, or encourages any conduct that would
violate, any applicable law or regulation or would give rise to civil
liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment
or harm against any individual or group; (iv) is violent or threatening, or
promotes violence or actions that are threatening to any other person; or (v)
promotes illegal or harmful activities; (b) harm minors in any way; (c)
impersonate any person or entity, including, but not limited to, Digital
Anarchy personnel, or falsely state or otherwise misrepresent your affiliation
with a person or entity; (d) Make available any Content that you do not have a
right to Make Available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
non-disclosure agreements);(e) Make Available any Content that infringes the
rights of any person or entity, including without limitation, any patent,
trademark, trade secret, copyright, privacy, publicity or other proprietary or
contractual rights; (f) intentionally or unintentionally violate any applicable
local, state, national or international law or regulation, or any order of a
court; (g) stalk or otherwise harass any other User of our Digital Anarchy
Software & Services; or (h) advocate, encourage or assist any third party
in doing any of the foregoing activities in this section.
Content Provided by Other
Users. Digital Anarchy Software &
Services may contain content, information, reviews, ratings and comments
provided by other Users (“User Content”).
Digital Anarchy is not responsible for and does not control User
Content. Digital Anarchy has no
obligation to review or monitor, and does not approve, endorse or make any
representations or warranties with respect to User Content. You use all User Content and interact with
other Users at your own risk.
Fees and Purchase Terms.
Payment. You agree to pay all fees or charges to your
Account in accordance with the fees, charges and billing terms in effect at the
time a fee or charge is due and payable.
You must provide Digital Anarchy with a valid credit card (Visa,
MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your
use of the designated credit card, and you must refer to that agreement and not
the Terms to determine your rights and liabilities. By providing Digital Anarchy with your credit
card number and associated payment information, you agree that Digital Anarchy
is authorized to immediately invoice your Account for all fees and charges due
and payable to Digital Anarchy hereunder and that no additional notice or
consent is required. You agree to
immediately notify Digital Anarchy of any change in your billing address or the
credit card used for payment hereunder.
Digital Anarchy reserves the right at any time to change its prices and
billing methods, either immediately upon posting on Digital Anarchy Software
& Services or by e-mail delivery to you.
Software Subscription Fees. You will be responsible for payment of the
applicable fee subscription based Software license(s) (each, a “Subscription
Software Fee”) at the time you create your Account and select your monthly or
annual package, as applicable (each, a “Subscription Software Commencement
Date”). Except as set forth in the
Terms, all fees for the Software are non-refundable. No contract will exist between you and
Digital Anarchy for the Services until Digital Anarchy accepts your order by a
confirmatory e-mail, SMS/MMS message, or other appropriate means of
communication.
Taxes. Digital Anarchy’s fees are net of any
applicable Sales Tax. If any Software,
or payments for any Software, under the Terms are subject to Sales Tax in any
jurisdiction and you have not remitted the applicable Sales Tax to Digital
Anarchy, you will be responsible for the payment of such Sales Tax and any
related penalties or interest to the relevant tax authority, and you will
indemnify Digital Anarchy for any liability or expense we may incur in
connection with such Sales Taxes. Upon
our request, you will provide us with official receipts issued by the
appropriate taxing authority, or other such evidence that you have paid all
applicable taxes. For purposes of this
section, “Sales Tax” shall mean any sales or use tax, and any other tax
measured by sales proceeds, that Digital Anarchy is permitted to pass to its
customers, that is the functional equivalent of a sales tax where the
applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Automatic Renewal. Your subscription will continue indefinitely
until terminated in accordance with the Terms.
After your initial subscription period, and again after any subsequent
subscription period, your subscription will automatically commence on the first
day following the end of such period (each a “Renewal Commencement Date”) and
continue for an additional equivalent period, at Digital Anarchy’s then-current
price for such subscription. You agree
that your Account will be subject to this automatic renewal feature unless you
cancel your subscription at any time prior to the Renewal Commencement
Date. If you do not wish your Account to
renew automatically, or if you want to change or terminate your subscription,
please log in and go to your account settings.
If you cancel your subscription, you may use your subscription until the
end of your then-current subscription term; your subscription will not be
renewed after your then-current term expires.
However, you will not be eligible for a prorated refund of any portion
of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Digital Anarchy
to charge your Payment Provider now, and again at the beginning of any
subsequent subscription period. Upon
renewal of your subscription, if Digital Anarchy does not receive payment from
your Payment Provider, (i) you agree to pay all amounts due on your Account
upon demand, and/or (ii) you agree that Digital Anarchy may either terminate or
suspend your subscription and continue to attempt to charge your Payment
Provider until payment is received (upon receipt of payment, your Account will be activated and for
purposes of automatic renewal, your new subscription commitment period will begin
as of the day payment was received).
Disputes. You must notify us in writing within seven
(7) days after receiving your credit card statement, if you dispute any of our
charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the
following address: cs@digitalanarchy.com.
Indemnification. You agree to indemnify and hold Digital
Anarchy, its parents, subsidiaries, affiliates, officers, employees, agents,
partners and licensors (collectively, the “Digital Anarchy Parties”) harmless
from any losses, costs, liabilities and expenses (including reasonable
attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your
violation of the Terms; or (c) your violation of any applicable laws, rules or
regulations. Digital Anarchy reserves
the right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
fully cooperate with Digital Anarchy in asserting any available defenses. This provision does not require you to
indemnify any of the Digital Anarchy Parties for any unconscionable commercial
practice by such party or for such party’s fraud, deception, false promise, misrepresentation
or concealment, suppression or omission of any material fact in connection with
the Website. You agree that the
provisions in this section will survive any termination of your Account, the
Terms or your access to Digital Anarchy Software & Services.
Disclaimer of Warranties and
Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY
APPLICABLE LAW, YOUR USE OF DIGITAL ANARCHY Software & Services IS AT YOUR
SOLE RISK, AND DIGITAL ANARCHY Software & Services ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.
DIGITAL ANARCHY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES,
REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIGITAL ANARCHY PARTIES
MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) DIGITAL ANARCHY
Software & Services WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF DIGITAL
ANARCHY Software & Services WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE
OBTAINED FROM USE OF DIGITAL ANARCHY
Software & Services WILL BE ACCURATE OR RELIABLE.
Limitation of Liability.
Disclaimer of Certain
Damages. YOU UNDERSTAND AND AGREE THAT
IN NO EVENT SHALL DIGITAL ANARCHY
PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH DIGITAL ANARCHY Software &
Services, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS
INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT
DIGITAL ANARCHY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR
FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF DIGITAL
ANARCHY Software & Services, ON ANY
THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE DIGITAL
ANARCHY Software & Services; (2)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DIGITAL ANARCHY Software & Services; OR (3) ANY OTHER
MATTER RELATED TO DIGITAL ANARCHY
Software & Services, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
NOTWITHSTANDING THE FOREGOING, DIGITAL ANARCHY
DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR
PERSONAL INJURY CAUSED BY DIGITAL ANARCHY
PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A DIGITAL
ANARCHY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL DIGITAL
ANARCHY PARTIES BE LIABLE TO YOU FOR
MORE THAN FIFTY DOLLARS ($50). THE
FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A DIGITAL
ANARCHY PARTY FOR (A) DEATH OR PERSONAL
INJURY CAUSED BY A DIGITAL ANARCHY
PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A DIGITAL
ANARCHY PARTY’S FRAUD OR FRAUDULENT
MISREPRESENTATION.
User Content. EXCEPT FOR
DIGITAL ANARCHY ’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN
DIGITAL ANARCHY ’S PRIVACY POLICY, DIGITAL ANARCHY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS,
DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT
LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION
SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DIGITAL ANARCHY AND YOU.
Term and Termination. The Terms commence on the date when you accept
them (as described in the preamble above) and remain in full force and effect
while you use Digital Anarchy Software & Services, unless terminated
earlier in accordance with the Terms. Digital Anarchy may terminate these
Terms, including your access to the Website, in the event you violate any terms
or conditions hereunder, upon notice to you.
International Users. Digital Anarchy Software & Services can
be accessed from countries around the world and may contain references to
Services and Content that are not available in your country. These references do not imply that Digital
Anarchy intends to announce such Services or Content in your country. Digital Anarchy Software & Services are
controlled and offered by Digital Anarchy from its facilities in the United
States of America. Digital Anarchy makes no representations that Digital
Anarchy Software & Services are appropriate or available for use in other
locations. Those who access or use
Digital Anarchy Software & Services from other countries do so at their own
volition and are responsible for compliance with local law.
General Provisions.
Electronic
Communications. The communications
between you and Digital Anarchy use electronic means, whether you visit Digital
Anarchy Software & Services or send Digital Anarchy e-mails, or whether
Digital Anarchy posts notices on Digital Anarchy Software & Services or
communicates with you via e-mail. For
contractual purposes, you (1) consent to receive communications from Digital
Anarchy in an electronic form; and (2) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that Digital Anarchy
provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were to be in writing. The foregoing does not affect your statutory
rights.
Assignment. The Terms, and your rights and obligations
hereunder, may not be assigned, subcontracted, delegated or otherwise
transferred by you without Digital Anarchy’s prior written consent, and any
attempted assignment, subcontract, delegation, or transfer in violation of the
foregoing will be null and void.
Force Majeure. Digital Anarchy shall not be liable for any
delay or failure to perform resulting from causes outside its reasonable
control, including, but not limited to, acts of God, war, terrorism, riots,
embargos, acts of civil or military authorities, fire, floods, accidents,
strikes or shortages of transportation facilities, fuel, energy, labor or
materials.
Questions, Complaints, Claims. If you have any questions, complaints or
claims with respect to Digital Anarchy Software & Services, please contact
us at: cs@digitalanarchy.com. We will do
our best to address your concerns. If
you feel that your concerns have been addressed incompletely, we invite you to
let us know for further investigation.
Governing Law. The Terms and any action related thereto will
be governed and interpreted by and under the laws of the State of California,
consistent with the Federal Arbitration Act, without giving effect to any
principles that provide for the application of the law of another
jurisdiction. The United Nations
Convention on Contracts for the International Sale of Goods does not apply to
these Terms.
Notice.
Where Digital Anarchy requires that you provide an e-mail address, you
are responsible for providing Digital Anarchy with your most current e-mail
address. In the event that the last
e-mail address you provided to Digital Anarchy is not valid, or for any reason
is not capable of delivering to you any notices required/ permitted by the
Terms, Digital Anarchy’s dispatch of the e-mail containing such notice will
nonetheless constitute effective notice.
You may give notice to Digital Anarchy at the following address: Digital Anarchy, Inc., 226 Tulare St.,
Brisbane, CA 94005. Such notice shall be
deemed given when received by Digital Anarchy by letter delivered by nationally
recognized overnight delivery service or first class postage prepaid mail at
the above address.
Waiver. Any waiver or failure to enforce any
provision of the Terms on one occasion will not be deemed a waiver of any other
provision or of such provision on any other occasion.
Severability. If any provision of the Terms is, for any
reason, held to be invalid or unenforceable, the other provisions of the Terms
will remain enforceable, and the invalid or unenforceable provision will be
deemed modified so that it is valid and enforceable to the maximum extent permitted
by law.
Consumer Complaints. In accordance with California Civil Code
§1789.3, you may report complaints to the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.
Entire Agreement. The Terms are the final, complete and
exclusive agreement of the parties with respect to the subject matter hereof
and supersedes and merges all prior discussions between the parties with
respect to such subject matter.