Terms & Conditions
Please read these Terms & Conditions (“Terms”) carefully before using the Blacklabel Art website at https://www.blacklabelart.com (“Website”). These Terms are a binding contract that governs use of this Website, limits liability of Blacklabel Art and other persons, specifies the jurisdiction for resolution of disputes, and contains other important provisions.
Each time you access or use this Website, you acknowledge and signify that you have read, understood, and agree to be bound by the most current version of these Terms. If you do not agree with these Terms, you may not access or use this Website.
Your Acceptance of these Terms
These Terms are a legal agreement between you and Blacklabel Art regarding your access to and use of this Website and all content, information, products, and services available on or through this Website. This Website is the property of Blacklabel Art and its licensors.
Each time you access or use this Website, you acknowledge and signify that you have read, understood, and agree to be bound by the most current version of these Terms. If you do not agree with these Terms, you may not access or use any aspect of this Website.
These Terms are in addition to any other agreement you may have with Blacklabel Art, including an agreement for your purchase of Blacklabel Art products or services.
Changes to these Terms
Blacklabel Art may change these Terms at any time, without any prior notice to you, by posting the changed Terms on this Website. The changed Terms are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the bottom of these Terms and review any changes since the last version. By using this Website after these Terms have been changed, you signify your acceptance and agreement to the changed Terms. You may not change, supplement or amend these Terms in any manner.
Our Website is Not Intended for Use by Minors
You may not use this Website if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use this Website on your behalf.
You may not use this Website if you breach these Terms, if your permission to use this Website has been suspended or terminated by Blacklabel Art, or if these Terms as they apply to you have been terminated.
This Website is made available to you for your lawful, personal, non-commercial use only. You may use this Website only for the purposes and in the manner permitted by this Website and subject to these Terms and all applicable laws. Using this Website for any other purpose or in any other manner is strictly prohibited.
This Website and its content may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of Blacklabel Art.
You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by Blacklabel Art in the operation or provision of this Website except while you are using this Website in accordance with these Terms.
Ownership of Website and Content
This Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through this Website, and the design, structure, selection, arrangement, and look and feel of those items, and this Website as a whole) are owned solely by Blacklabel Art and its licensors, and are protected by Canadian and international copyright, trademark, and other laws. Your use of this Website does not transfer to you any right, title or interest in, to or associated with this Website or its content.
You will ensure that all information you provide to Blacklabel Art, through this Website or otherwise, including account information (including your legal name, residential address, e-mail address), payment information (including your credit card numbers and their expiration dates), and transaction-related information, is true, accurate, current, and complete. Blacklabel Art will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Blacklabel Art or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.
You authorize Blacklabel Art to: (a) accept communications it receives from you by means of this Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through this Website, by e-mail or other means of communication.
Communications you send to Blacklabel Art are not effective unless and until they are processed by the responsible Blacklabel Art representative. Blacklabel Art may refuse to process any communications sent to Blacklabel Art, or may reverse the processing of any communications sent to Blacklabel Art, at any time in Blacklabel Art’s discretion, and without any notice or liability to you or any other person, including if Blacklabel Art believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
Personal Information Privacy
Misprints and Errors, Product Availability and Prices
Blacklabel Art aims to provide current and accurate information on this Website, but misprints, errors, inaccuracies, omissions (including incorrect specifications for products), or other errors may sometimes occur. Blacklabel Art cannot guarantee that products and services advertised on this Website will be available when ordered or thereafter, and does not warrant that the content of this Website (including product descriptions, photographs, and colours) is accurate or complete. Please note that your monitor might not accurately display product colours.
Blacklabel Art reserves the right to: (a) correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on this Website, the prices, fees, charges, and specifications of those products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place; and (d) limit quantities available for sale or sold. The advertisements on this Website are invitations to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on this Website are quoted in Canadian dollars.
Blacklabel Art and related logos are registered or unregistered trademarks, service marks, and trade names owned or licensed by Blacklabel Art and its affiliates. Other product and company names and logos appearing on this Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on this Website is strictly prohibited, and nothing appearing on this Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
Accounts and Passwords
To access and use certain features and services of this Website you must have a valid Website account and use a valid user name and password accepted by Blacklabel Art. Accounts are personal, and may not be shared.
You are fully responsible and liable for maintaining the confidentiality of your account information and for any and all use and misuse of your account (including all transactions using your account) and for all resulting loss and damage. You may not disclose your account information to any other person or permit any other person to use your account.
You must immediately notify Blacklabel Art by e-mail at firstname.lastname@example.org if you discover any unauthorized use of your account or you know or suspect that your password has been lost or stolen or become known to or used by any other person. Blacklabel Art will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Blacklabel Art is not under any obligation to verify the actual identity or authority of any person using your account. Blacklabel Art may act upon any communication that is given through your account.
Blacklabel Art may in its discretion at any time require proof of the identity of any person seeking to access and use this Website, and may deny access to and use of this Website or parts of it or refuse to accept or act upon any communication if Blacklabel Art is not satisfied with the proof.
Feedback and Submissions
You agree that you will not submit to Blacklabel Art any information or ideas that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, or promotions, new or improved products or services, or new product names or branding) that you send to Blacklabel Art ("Submissions") are deemed to be non-confidential, you automatically grant to Blacklabel Art and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favour of Blacklabel Art and its successors, assigns, and licensees any and all moral rights in the Submissions.
Third Party Websites
For your convenience, this Website may provide links or references to other websites or resources and businesses operated by other persons. These websites are independent from Blacklabel Art, and Blacklabel Art does not endorse, and has no responsibility or liability for or control over their websites or their business, goods, services, or content. Your use of third party websites and your dealings with the owners or operators of third party websites is at your own risk, and you will not make any claim against Blacklabel Art arising from, connected with, or relating to your use of third party websites or your dealings with the owners or operators of third party websites.
Deep links to this Website without the express written permission of Blacklabel Art are strictly prohibited. Blacklabel Art may in its discretion cancel and revoke any permission it may give to link to this Website at any time and without any notice or liability.
Framing, mirroring, scraping or data-mining this Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of this Website or to post comments, communications or any other data of any kind to or on this Website with the intention that the posting may be viewed by other users of this Website.
You may not attempt to circumvent the ordinary navigational structure or presentation of this Website or its content, or attempt to access or obtain any Website content or other data by any means that is not purposely made available to you by this Website.
You may not attempt to gain unauthorized access to any part of this Website or its content, or any related system, network, service or data, by hacking, password mining or any other means. You may not attempt to test or tamper with the security of this Website or attempt to interfere with the proper working of this Website, any transaction being conducted through this Website, or any other person’s use of this Website.
You may not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.
You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit this Website. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of this Website. You shall not access this Website in order to build a similar or competitive service. Any future release, update, or other addition to functionality of this Website shall be subject to the terms of this Agreement (as amended from time to time).
THIS WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY BLACKLABEL ART TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS.
BLACKLABEL ART DOES NOT PROMISE THAT THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL PRODUCE SPECIFIC RESULTS. YOU USE THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, AT YOUR OWN RISK. EXCEPT AS SET FORTH IN THE RETURN & EXCHANGE TERMS, IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE.
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 THEREIN) NECESSARY FOR YOUR USE OF THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL BLACKLABEL ART BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE; AND (B) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THESE TERMS BLACKLABEL ART GROUP IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL BLACKLABEL ART’S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, EXCEED CAD$100. 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 BLACKLABEL ART OR ANY PERSON FOR WHOM BLACKLABEL ART 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 BLACKLABEL ART KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE BEING INCURRED.
THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS BLACKLABEL ART FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES AND OBLIGATIONS (INCLUDING DAMAGES, EXPENSES, AND COSTS), SETTLEMENT PAYMENTS, AND ATTORNEY’S FEES AND EXPENSES (COLLECTIVELY, "CLAIMS/PROCEEDINGS/LIABILITIES") DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS. YOU WILL NOT ENTER INTO ANY SETTLEMENT OR OTHER AGREEMENT ON BEHALF OF BLACKLABEL ART, OR WHICH AFFECTS THE RIGHTS OR INTERESTS OF BLACKLABEL ART, WITHOUT BLACKLABEL ART’S EXPRESS PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN BLACKLABEL ART’S DISCRETION. NOTWITHSTANDING THE FOREGOING, BLACKLABEL ART GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY CLAIMS/PROCEEDINGS/LIABILITIES WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.
IN THESE TERMS, "BLACKLABEL ART" MEANS BLACKLABEL ART AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
Notwithstanding any other provision of these Terms, Blacklabel Art may in its discretion change, discontinue, modify, restrict, suspend, or terminate this Website or any of its content at any time without any notice or liability to you or any other person.
Blacklabel Art may in its discretion and for its convenience at any time immediately suspend or terminate your permission to access and use this Website without any notice or liability to you or any other person.
These Terms as they apply to you are effective unless and until terminated. You may terminate these Terms by permanently ceasing to use this Website and giving written notice of termination to Blacklabel Art. Blacklabel Art may terminate these Terms at any time either by giving a notice of termination to you or by denying you access to this Website. The obligations and liabilities you incur prior to termination of these Terms will survive termination.
These Terms and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.
Except as expressly set forth in this section, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms, this Website or any related matters (collectively "Disputes" and each a "Dispute") will be referred to and finally resolved by binding arbitration administered by the British Columbia International Commercial Arbitration Centre (the "BCICAC") in accordance with its rules and these Terms. There will be a single arbitrator, and the arbitration will be private and confidential. The arbitration will be held at Vancouver, British Columbia and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement.
Notwithstanding the foregoing, if the total amount of the award sought in an arbitration (not including legal fees and costs) is CDN$10,000 or less, then the arbitration will be subject to the BCICAC Shorter Rules of Procedure and, unless you and Blacklabel Art expressly agree in writing otherwise: (i) the arbitration will be conducted solely based upon written evidence (declarations or affidavits) and written arguments submitted by or on behalf of each of you and Blacklabel Art; and (ii) there will be not be any in-person hearing (including any hearing by teleconference, video conference or web conference) of the parties, witnesses or legal counsel. Notwithstanding the foregoing, this section does not apply to a Dispute based upon infringement, misappropriation or violation of intellectual property rights (including copyright and trademarks).
If and to the extent, and for any reason, that a Dispute is not subject to arbitration, then the Dispute will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and you and Blacklabel Art each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those Disputes, except that Blacklabel Art may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms.
Before you commence arbitration or litigation regarding a Dispute: (i) you will give notice of the Dispute to Blacklabel Art at email@example.com and allow Blacklabel Art at least thirty (30) days to investigate and attempt to resolve the Dispute; and (ii) upon request by Blacklabel Art during the thirty (30) day period you will participate in good faith discussions regarding the Dispute with a view to resolving the dispute in a reasonable manner.
Notwithstanding that a Dispute is subject to arbitration: (i) you or Blacklabel Art may commence litigation in the Supreme Court of British Columbia sitting in the City of Vancouver seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo, and you and Blacklabel Art each hereby irrevocably submit and attorn to the non-exclusive jurisdiction of that court in respect of those matters; and (ii) Blacklabel Art may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms.
YOU AND BLACKLABEL ART EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY OR TO COMMENCE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION OR LITIGATION. ANY ARBITRATION OR COURT LITIGATION REGARDING DISPUTES WILL BE BROUGHT BY YOU OR BLACKLABEL ART IN AN INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING WAIVER MIGHT NOT APPLY TO YOU.
You and Blacklabel Art are non-exclusive, independent contracting parties, and nothing in these Terms or done pursuant to these Terms will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and Blacklabel Art. Upon request by Blacklabel Art, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms.
No consent or waiver by Blacklabel Art to or of any breach of these Terms by you will be effective unless in writing and signed by Blacklabel Art or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms, Blacklabel Art’s rights and remedies under these Terms are cumulative and not exhaustive or exclusive of any other rights or remedies to which Blacklabel Art may be lawfully entitled under these Terms or at law, and Blacklabel Art will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively.
The provisions of these Terms will ensure to the benefit of and be binding upon you and Blacklabel Art and your respective successors and permitted assigns. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms would fail in its essential purpose.
You will not assign, transfer, delegate, license, sub-license or grant these Terms or your rights, duties and obligations under these Terms without Blacklabel Art’s express prior written consent, which consent may be withheld in Blacklabel Art’s discretion. Blacklabel Art may, without your consent, assign these Terms or any of Blacklabel Art’s rights, duties, or obligations under these Terms.
These Terms and the Other Terms together set forth the entire agreement between you and Blacklabel Art regarding the subject matter of these Terms and the Other Terms, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms and the Other Terms. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Blacklabel Art regarding the subject matter of these Terms and the Other Terms other than as expressly set forth in these Terms and the Other Terms.
You and Blacklabel Art have each expressly requested and required that these Terms and the Other Terms be drawn up in the English language. All rights not expressly granted by these Terms are reserved by Blacklabel Art.
If you have any questions or comments regarding these Terms, please contact Blacklabel Art by e-mail at firstname.lastname@example.org.
Last Updated: February 16, 2019