Terms of Use

Website Terms of Use
Last Modified: June 21, 2022

Acceptance of Terms of Use

Welcome to the Cofertility community!  We’re so glad you’re here, wherever you are in your fertility journey. But first: a couple important things to know.

 

These Terms of Use (“Terms,” for short) create a legally binding agreement between you (“you”) and EggCo, Inc. (doing business as Cofertility) as well as its affiliates (together, “Cofertility,” “we,” or “us”). These Terms govern your access to and use of all websites and mobile apps owned and controlled by Cofertility, including cofertility.com (the “Sites”) as well as the services, products, and programs we offer (together with the Sites and their content, our “Services”).  By using or accessing our Services, you confirm your agreement to be bound by these Terms, so be sure to read them carefully. If you don’t feel comfortable with them, it’s probably best not to use our Services. Otherwise, we’ll assume you understand and agree to them. Of course, you can always reach out any time in case of questions – we’re here to help.

 

1. OUR SERVICES

At Cofertility, we’re obsessed with improving the fertility and family-building journeys, both now and in the future.  We offer several programs, including:

 

  • Keep Program: We’ll help navigate the process of egg retrieval and freezing. If you participate in this program, you’ll work with a clinic of your choice, and any eggs you retrieve will be frozen and stored for your own future use. Section 2 explains the terms specific to this program.
  • Split Program: The goal of this Program is to help participants get access to an egg retrieval procedure, freezing, and storage at no cost, while donating a portion of their retrieved eggs to a family who can’t otherwise conceive. We know egg donation is a huge decision, so if you meet program eligibility criteria and decide to participate, you’ll be asked to read and agree to a Split Program Agreement, which is considered an additional part of these Terms. 

If you decide to participate in our programs, we want to be there for you every step of the way. That means we’re here to provide support, education, community, and more. Think of us as a sort of concierge, to help make it all easier to navigate. We’ll help you get information to the right place at the right time, we’ll help with coordination and logistics, and if you’d like, we can help you communicate with your doctor and others in connection with our Services.

For those who aren’t ready for one of the above programs – and even for those who are – we also provide educational resources about the fertility journey in general, and other ways to make your fertility journey more accessible, affordable, and fun. 

Whichever Services you use, there are some key concepts we want to make sure you understand: While we help connect and coordinate with healthcare providers, we don’t provide any medical advice, treatment, or diagnosis, and our Services are not meant to be a substitute for medical, tax, financial, or legal advice. We don’t endorse or guarantee the quality of any third parties you connect with through Cofertility. If you’re looking for medical advice or need medical help or treatment, please make sure to talk with a qualified healthcare professional.

 

2. KEEP PROGRAM TERMS

If you participate in our Keep Program, we’ll help you navigate the egg retrieval and freezing process. You’ll work with a third-party clinic to go through the screening, preparation, and retrieval cycle, and any eggs you retrieve will be frozen and stored for your own future use. You’ll have a couple options when it comes to clinics: border

Clinics with preferred pricing
  • We have arrangements with some clinics that may give you access to preferred pricing if you meet their criteria.
  • This option may be limited to specific locations in the U.S.
  • We’ll provide your contact info to the clinic you select, and they’ll reach out to you with more information. We’ll also ask you to complete an authorization allowing the clinic to share details with us about your egg freezing cycle – which helps us make the process smoother for you.
Clinics without preferred pricing
  • If you’re not eligible or choose not to use a clinic with preferred pricing, we’ll help you find another desirable clinic that can help. We provide resources to help you to schedule an appointment and understand what the clinic will charge for its services.

Our Keep Program makes preferred pricing and other information available to you, but it’s your responsibility to determine if the clinic is appropriate for you and to pay the clinics.

 

3. ACCOUNT INFORMATION AND SECURITY

To access certain Services, you’ll need to create an account by providing your name, email address, and other information (together, “Account Information”). It’s important to provide us accurate, up-to-date, and complete Account Information (see our Privacy Policy for details on how to keep it updated). You’ll be responsible for protecting your username and password, and for all activities under your account. You’ll need to immediately notify us of any unauthorized account use, or if any of your Account Information becomes inaccurate, incomplete, or otherwise false or misleading. Please be careful when accessing your account from a public or shared computer, as we aren’t responsible for any loss or damage if you don’t protect your account or information. You’ll also be required to fully cooperate with us to investigate any suspected unlawful, fraudulent, or improper activity

 

4. TERMINATION

You can terminate these Terms any time by permanently stopping your access and use of the Services. We can terminate your use any time by notifying you at the address or email you provided, or otherwise notifying you through the Services. We’re not required to provide notice or a reason before terminating your use. If we terminate your use because you have breached these Terms or any other agreements with us, you won’t be entitled to any refunds. To protect the integrity of our Services, we may, at any time in our sole discretion, block access from certain IP addresses. Note: even after termination, certain Terms will remain in effect such that any rights and obligations that should logically still apply after that date will survive. 

5. LICENSE AND USE OF THE SERVICES

As long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services only for your personal and non-commercial purposes, in accordance with all applicable laws. You won’t have any ownership rights in the Services unless otherwise specified in a written agreement with us.

We are committed to ensuring a safe, respectful, and supportive community. This means that we will not tolerate any of the following in connection with our Services:

 

  • Encouragement or engagement in defamatory, abusive, libelous, obscene, threatening, harassing, hateful, violent, racist, unlawful, or otherwise objectionable behavior, including behavior contrary to the spirit of these Terms or our Community Guidelines;
  • Use of a robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, scrape, data mine, or reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Sites;
  • Interference with or disruption of the Services or related technology;
  • Attempts to probe, scan, or test the vulnerability of our Services, systems, or networks, or actual/attempted breach of security or authentication measures;
  • Use of meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
  • Use of any portion of our Services for any commercial purpose, or for the benefit of any third party or in any manner not permitted by these Terms;
  • Posting, distribution, or reproduction of any content that infringes or violates third-party intellectual property rights or rights of privacy or publicity;
  • Use, display, framing, or mirroring of any part of our Services, names, trademarks, logos, or other proprietary information, or the layout and design of any page or form on a page, without our prior written authorization;
  • Collection, solicitation, or sharing of others’ personal information without their express permission;
  • Submission of any inaccurate, incomplete, false, or misleading information, including about your identity or medical condition;
  • Recording of the Services without our express written consent;
  • Impersonating someone else, or allowing anyone else to use your Account Information, unless otherwise permitted by these Terms; 
  • Use of our Services in a way that violates or is intended to violate any applicable laws or regulations; and
  • Assisting or permitting anyone else to engage in any of the above activities.

If you engage with others in our community, you’ll be considered entirely responsible for those interactions. If you have disputes with others in our community, we’ll have the right (but no obligation) to get involved as needed, and you release us from all claims, demands, and damages related to those disputes. 

If you access our Services through a third-party site, you may be required to comply with their policies in addition to these Terms, so please be sure to read them.

 

6. CHILDREN

Our Services are not meant for children.  By using the Services, you confirm that you’re over the age of 18. In line with the Children’s Online Privacy Protection Act, we will never knowingly request or solicit personal information from anyone under 13 without verifiable parental consent. If we learn that we’ve collected that type of information without verifiable parental consent, we will promptly delete it. If you believe we’ve collected personal information from someone under 18, please contact us at support@cofertility.com.

 

7. PERSONAL INFORMATION; CONSENT TO ELECTRONIC COMMUNICATIONS

Personal information accessed or collected in connection with our Services will be handled as described in our Privacy Policy.
By using our Services, you agree that we can send you communications either by email or posting them on our Services – including legal disclosures, these Terms, our Privacy Policy, changes to those documents, and other policies, communications, disclosures, and information, including about prospective Services. This consent covers all interactions between you and us. Keep in mind, text messages and emails are not always secure, and they travel over networks that we don’t or own or control. 

By providing a phone number to us, you confirm you’re the current subscriber or owner. You expressly agree that we or others acting on our behalf can contact you by phone or text message (including artificial or prerecorded voice messages, and/or automated calls and texts) to the number you provide or one provided on your behalf, for various purposes including verifying identity, providing account notices, fulfilling requests, or sharing promotions or services we think may interest you. Your consent is completely voluntary, and you can opt out any time. If you don’t opt out, we may contact you even if your number is listed on a do-not-call list or if you cancel your account or terminate your relationship with us. You don’t have to agree to receive promotional calls or texts as a condition of purchasing any goods or services. You understand and agree, for any text messages sent in connection with the Services, that: (a) message frequency may vary, (b) message and data rates may apply, and we’re not responsible for these charges, (c) you can reply HELP for information, (d) you can reply STOP any time to opt out (if you do, you may receive a message confirming your opt-out); and (e) neither we nor mobile carriers are liable for delayed or undelivered messages.

You can opt out of certain types of communications either through your account settings, by following any unsubscribe instructions in the message, or by contacting our support team (please include your full name and the email/number you want to opt out). Your opt-out will be effective within a reasonable time after we receive it.  Please keep in mind that we’ll need to send you certain messages about our Services – for example, updates to our Terms or billing information – so you will not be able to opt out of those communications. If you withdraw consent, it won’t affect the legal validity or enforceability of our agreements with you, but it may mean that certain parts of the Services are no longer available to you. 

 

8. USER SUBMISSIONS AND CONTENT

You may have opportunities to provide feedback in connection with the Services, including by communicating with other users. This feedback will be considered non-confidential and non-proprietary (unless otherwise required by law), and we’ll be free to copy, disclose, and otherwise use it for any purpose. 

Keep in mind that as a user, you’re personally and solely responsible for all information you post, transmit, or share with others in the Cofertility community (“User Content”). Please don’t use community channels to share or post information you want to keep confidential. By sharing it, you represent, warrant, and affirm that your User Content is accurate, that it does not violate any applicable laws or third party rights, that you have appropriate permissions or rights from anyone whose information or property is included in it, and that it doesn’t violate our Terms. Your User Content remains your property, but once you make it available (for example, by posting it in our Services), you grant us an irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty-free, worldwide right and license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public, display, perform, enter into computer memory, and use and practice your User Content as well as all modified and derivative works thereof in connection with the Services, including marketing and promotion, without notice to or consent from you, and without compensation to you or anyone else.

Please make sure you don’t use the Services to post or transmit anything prohibited by Section 5 or anything else in these Terms.  We don’t assume liability or responsibility for user behavior or for monitoring User Content or conduct in connection with the Services. We may (but we’re not obligated) to review, monitor, reject, deny, or remove User Content at our sole discretion at any time, and for any reason, without notice. 

 

9. INTELLECTUAL PROPERTY RIGHTS

We and our licensors retain all ownership rights, title, and interest (including all intellectual property rights) worldwide to the Services, including all software and content. No rights are granted to you other than those expressly described in these Terms. All trademarks, service marks, and trade names are owned by us or other respective owners.

 

10. COPYRIGHT NOTICES

 

We respect the intellectual property rights of others, and ask that you do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe material on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Sites infringe your copyright, you (or your agent) may send us a notice asking that the material be removed or blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA allows you to send us a counter-notice. More information about the DMCA and requirements for these notices is available through the U.S. Copyright Office (https://www.copyright.gov). In accordance with the DMCA, we have designated an agent to receive notification of alleged copyright infringement. Any written Notification of Claimed infringement should comply with Title 17, U.S. Code, Section 512(c)(3)(A) and should be provided in writing to support@cofertility.com.

 

11. THIRD PARTIES

Through Cofertility, you’ll have the option to connect with third-party sites, offerings, and content that are not controlled by Cofertility. Those third parties generally have different terms and privacy policies, so please make sure to review them. We are not responsible for third parties’ privacy and security practices or for their offerings, marketing, or other content. We make those offerings available as a convenience, but we don’t endorse, warrant, recommend, or guarantee them. 

 

12. RELIANCE ON INFORMATION THROUGH OUR SERVICES

Information available to you through the Services (including third-party content) is intended solely for informational purposes, and we don’t warrant its accuracy, completeness or usefulness. Any reliance you place on it is strictly at your own risk, and we disclaim all liability and responsibility arising from that reliance. The same is true for third party content: All statements and/or opinions expressed in those materials, and all articles, responses to questions, and other content, other than the content provided by us, are solely the opinions and responsibility of whoever is providing those materials. They do not necessarily reflect our opinion, and we are not responsible or liable to you or any third party for their content or accuracy.

Please note that we have not specifically vetted any clinic for quality, but we have reviewed for patient experience based on publicly available information and they all claim to follow certain standards and practices recognized in the industry – for example, they all report outcomes to the Society for Assisted Reproductive Technology, and have labs certified by the College of American Pathologists. Also, we are not recommending use of these clinics from a clinical perspective.

OUR SERVICES FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT USED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT FROM A QUALIFIED PROFESSIONAL. PLEASE SEEK THE ADVICE OF A QUALIFIED PHYSICIAN FOR QUESTIONS ABOUT MEDICAL CONDITIONS OR TREATMENT. NEVER DISREGARD OR DELAY SEEKING THE ADVICE OF A HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU HAVE READ, HEARD, OR SEEN THROUGH OUR SERVICES.

 

13. GEOGRAPHIC RESTRICTIONS

We make no representation that all products, services, and material described on our Services are appropriate or available for use outside the United States.

 

14. NO WARRANTY

ACCESS TO OUR SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIALS AND/OR INFORMATION ON OUR SERVICES AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED; NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY, OR SUITABILITY OF OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND YOUR RELIANCE UPON ANY OF THEIR CONTENTS IS AT YOUR SOLE RISK.

 

15. LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THE SERVICES, OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE GREATER OF (1) $200 OR (2) THE FEES PAID TO USE THE RELEVANT SERVICES IN THE 12 MONTHS BEFORE THE DISPUTE.

 

16. INDEMNITY

To the extent allowed by applicable law, you agree to defend, indemnify, and hold harmless Cofertility and its directors, officers, shareholders, employees, and contractors for any third-party claims, suits, and/or legal proceedings arising out of or relating to any breach of these Terms or any other activity by you in relation to the Services. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.

 

17. CHOICE OF LAW AND JURISDICTION

These Terms are governed by Delaware law. Subject to Section 18, in the event of a lawsuit, both you and we irrevocably submit to the exclusive jurisdiction of the courts of Delaware and waive any defense of lack of personal jurisdiction there. Notice of any claim must be served on us no later than 12 months after the event that triggered it. 

 

18. DISPUTE RESOLUTION; ARBITRATION AGREEMENT

Any disputes with us can be resolved informally and efficiently by contacting our support team, so please let us know if you run into issues and we’ll work in good faith to try and resolve them. That said, we realize there may be rare cases where we are not able to resolve an issue to your satisfaction.

You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services will be determined by binding arbitration rather than in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts, but arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive termination of these Terms and/or the termination of your Services.

If you choose to seek arbitration, you must first send us a written notice of your claim (“Notice”). The Notice should be addressed to: EggCo, Inc. (d/b/a Cofertility), 325 N. Larchmont Blvd #329, Los Angeles, CA 90004. If we elect to seek arbitration, we will send, by certified mail, a written Notice to your address on file. Whether a Notice is sent by you or us, it must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.

You and we agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and we therefore agree that, after a Notice is sent but before anyone commences arbitration, we will personally meet, by phone or videoconference, in a good-faith effort to try to resolve things informally. If we aren’t able to reach resolution within 60 days after the Notice is received and we’ve both made good faith efforts to resolve it, you or we may commence an arbitration proceeding by filing a Demand for Arbitration. You can download or copy a form of notice and form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA’s rules (available at www.adr.org or by calling 1-800-778-7879), except as modified by these Terms. Unless we and you agree otherwise, any arbitration hearings will take place via video conference.

The arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in Delaware or the state of your residence and will be selected by the parties from the AAA’s National Roster of arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party will return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining in order of preference; (c) the AAA will appoint the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made based on this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator is bound by these Terms. Except as otherwise provided below, all issues are for the arbitrator to decide, including scope and enforceability of this arbitration provision.

An administrative conference with the AAA will be conducted in each arbitration proceeding, and you and a Cofertity representative will need to appear at the administrative conference via telephone. If you fail to appear, regardless of whether your counsel attends, the AAA will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The award will be binding only among the parties and have no preclusive effect in any other arbitration or other proceeding involving a different party. Judgment may be entered in any court having jurisdiction. This agreement to arbitrate will not preclude any party to the arbitration from seeking injunctions or other equitable relief in aid of arbitration from a court of appropriate jurisdiction, including whether a Demand for Arbitration is filed in violation of this Agreement.

Except as provided above, the arbitrator will determine all issues of liability on the merits of any claim and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that claim. To the extent you or we prevail and seek public injunctive relief (that is, relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court as specified above and not in arbitration. The parties agree that litigation of any issues of public injunctive relief will be stayed pending the outcome of the merits of any individual claims in arbitration. Before a court issues public injunctive relief, it will review the factual findings of the arbitration award on which any injunction would issue with no deference to the arbitrator.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided such modification does not increase the AAA fees to you or us, and you and we waive any objection to such fee modification.

WITHOUT LIMITING THE FOREGOING, BOTH YOU AND WE HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PRIVACY POLICY, OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION, OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF OUR SERVICES. BOTH YOU AND WE AGREE THAT ANY SUCH LITIGATION, SUIT, OR OTHER PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

 

19. ADDITIONS AND CHANGES TO THESE TERMS

Supplemental terms may apply to certain Services, like our Split Program.  Those terms will be provided to you in connection with the applicable Service, and they’ll be considered an additional part of the Terms for purposes of that Service. In addition, we may occasionally modify these Terms. If we do, we’ll let you know about material changes by posting the amended Terms on our Sites before they take effect, or in any supplemental terms for Services you use. If you’ve provided an email address, we may also notify you by email, so please make sure we have your updated information. If you don’t agree with the changes, you’ll need to stop using our Services before the effective date, otherwise we’ll assume you agree.

 

20. GENERAL TERMS

These Terms create the entire agreement between you and Cofertility related to the Services, and take the place of any other agreements on these matters (oral or written). We may change, suspend, or discontinue the Services any time; if we do, we will not be liable to you or any third party. These Terms don’t confer any third-party beneficiary rights, and you cannot assign the Terms to anyone else.  We may assign our rights, including in connection with a merger, acquisition, sale of assets, or otherwise. No delay or omission by us under these Terms will impair our rights or be construed as a waiver. Any waivers by us must be in writing and signed by an authorized company representative. If any of these Terms are found invalid by a court with competent jurisdiction, it will not affect the validity of other Terms, which will remain in full force and effect. This electronic document, and all others referred to or incorporated here, will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form will be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records..

We appreciate your time and care in reviewing these Terms. If you have any questions, reach out any time to support@cofertility.com – we’re here to help.

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