This User Agreement (“Agreement”) is an agreement between APPS4RENT LLC, (“APPS4RENT”), a New Jersey corporation, and the party set forth in the related order form (“Customer” or “You”) incorporated herein by reference (any subsequent order forms submitted by Customer, the “Order Form”), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the “Services”).
By signing up for the services creates a contract between customer and apps4rent, consisting of the order, the applicable service description and this user agreement and you are agreeing to be bound by the terms of this agreement and all terms and conditions incorporated by reference in this agreement, including apps4rent’s usage policy. Your use of the services constitutes acceptance of this agreement.
- Acceptable Use Policy. Under this Agreement, Customer shall comply with APPS4RENT’s then current Acceptable Use Policy (.AUP.), as amended, modified or updated from time to time by APPS4RENT, which currently can be viewed under the Policies section of this web site, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. APPS4RENT does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the “Customer Content”). Customer Content includes content of Customer’s customers and/or users of Customer’s website. Accordingly, under this Agreement, You will be responsible for Your customers content and activities on Your website. Notwithstanding anything to the contrary contained in this Agreement, APPS4RENT may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event APPS4RENT takes corrective action due to a violation of the AUP, APPS4RENT shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that APPS4RENT shall have no liability to Customer or any of Customer’s customers due to any corrective action that APPS4RENT may take (including, without limitation, disconnection of Services).
- Customer’s Responsibilities
- Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.
- Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
- Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site, including all back-ups. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by APPS4RENT to provide the Services, as the same may be changed by APPS4RENT from time to time. Specifications for the hardware and software used by APPS4RENT to provide the Services will be available on APPS4RENT’s Web site. Customer shall periodically access APPS4RENT’s Web site to determine if APPS4RENT has made any changes thereto. APPS4RENT shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by APPS4RENT to provide the Services.
- Even though APPS4RENT does make daily, weekly, and monthly backups Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.
- Comply with all licensing requirements necessary for applications/tools installed on your server.
- For Virtual Dedicated Servers; Hosted Desktops/VDI’s , you are responsible for understanding the regulatory/software usage requirements applicable to your business/software and for selecting and using those software’s /applications/ services in a manner that complies with the applicable requirements of the software. Except for software licenses sold by Apps4Rent, you are solely responsible for procuring all licenses which you install on your server and meeting licensing compliance. You are solely responsible for determining the suitability of the Services and licensing for your use in light of any applicable regulations and/or other applicable licensing laws and regulations.
You must cooperate with Apps4Rent in the event that a software vendor or OEM requests our participation in an audit of the software services. You agree that Apps4Rent may provide the software vendor with (a) the number of Virtual Machine instances provided to you by Apps4Rent (b) a list of the software vendor’s software products which run in such Virtual Machine instances. If the software vendor determines that you are non-compliant with the program requirements and you do not cure the non-compliance within a time period specified by the software vendor, then Apps4Rent may terminate the Services.
Microsoft Software Licensing Usage: If you make use of Microsoft software on the Services that is not relicensed to you by Apps4Rent under the under the Microsoft Service Provider License Agreement (“SPLA”), then you represent and warrant that you have a written license agreement that permits you to use the Microsoft software in conjunction with the Services.
- Customer’s Representations and Warranties
Customer hereby represents and warrants to APPS4RENT, and agrees that during the Initial Term and any Term thereafter Customer will ensure that:
- Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by APPS4RENT to pay any fees, residuals, guild payments or other compensation of any kind to any Person.
- Customer’s use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any .moral right. or similar right however denominated.
- Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes;
- Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, trojan horses and other malicious code; and.
- Customer shall be solely responsible for the development, operation and maintenance of Customer’s web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer’s products, including, without limitation the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
- Customer grants APPS4RENT the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services
- In addition to transactions entered into by Customer on Your behalf, Customer also agrees to be bound by the terms of this Agreement for transactions entered into on Customer’s behalf by anyone acting as Customer’s agent, and transactions entered into by anyone who uses Customer’s account, whether or not the transactions were on Customer’s behalf
- License to APPS4RENT
- Customer hereby grants to APPS4RENT a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:
- digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and
- make archival or back-up copies of the Customer Content and the Customer Web site.
- Except for the rights expressly granted above, APPS4RENT is not acquiring any right,title or interest in or to the Customer Content, all of which shall remain solely with Customer.
- APPS4RENT, in its sole discretion, reserves the right (1) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, Customer’s Content and/or web site(s)), and/or (2) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. Customer further agrees that APPS4RENT shall not be liable to Customer for any loss or damages that may result from such conduct.
- Customer hereby grants to APPS4RENT a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:
- Indemnification. Customer agrees to indemnify, defend and hold harmless APPS4RENT and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer’s use of the Services, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
- APPS4RENT as Reseller or Licensor. APPS4RENT is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party (“Non-APPS4RENT Product”). APPS4RENT shall not be responsible for any changes in the Services that cause the Non-APPS4RENT Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-APPS4RENT Product either sold, licensed or provided by APPS4RENT to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of APPS4RENT’s obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-APPS4RENT Product are limited to those rights extended to Customer by the manufacturer of such Non-APPS4RENT Product. Customer is entitled to use any Non-APPS4RENT Product supplied by APPS4RENT only in connection with Customer’s permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by APPS4RENT to Customer through any Non-APPS4RENT Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-APPS4RENT Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
- Internet Protocol (IP) Address Ownership. If APPS4RENT assigns Customer an Internet Protocol (.IP.) address for Customer’s use, the right to use that IP address shall belong only to APPS4RENT, and Customer shall have no right to use that IP address except as permitted by APPS4RENT in its sole and absolute discretion in connection with the Services, during the term of this Agreement. APPS4RENT shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by APPS4RENT, and APPS4RENT reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
- Server resources. It is in the sole and absolute discretion of APPS4RENT to determine if Customer is using the server resources fairly and to maintain the proper level of uptime for other Customers on the server. APPS4RENT will monitor Customer’s usage and shall have the right to take corrective action such as disconnection or discontinuance of any and all Services, or termination of this Agreement.
- Customer agrees to use all Services and any information obtained through or from APPS4RENT, at Customer’s own risk. Customer acknowledges and agrees that APPS4RENT exercises no control over, and accepts no responsibility for, the content of the information passing through APPS4RENT’s host computers, network hubs and points of presence or the Internet. The services provided under this agreement are provided on an as is, as available basis. None of apps4rent, its parent, subsidiary or affiliated corporations, or any of their respective employees, officers, directors, shareholders, affiliates, agents, attorneys, suppliers, third-party information providers, merchants, licensors or the like (each, an “apps4rent person”) make any warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services or any equipment apps4rent provides. No apps4rent person makes any warranties that the services will not be interrupted or error free; nor do any of them make any warranties as to the results that may be obtained from the use of the services or as to the accuracy, reliability or content of any information, services or merchandise contained in or provided through the services. Apps4rent is not liable, and expressly disclaims any liability, for the content of any data transferred either to or from customer or stored by customer or any of customer’s customers via the services provided by apps4rent. No oral advice or written information given by any apps4rent person, will create a warranty; nor may you rely on any such information or advice. The terms of this section shall survive any termination of this Agreement.
- Limited Warranty
- APPS4RENT represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by APPS4RENT generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies APPS4RENT, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer’s sole and exclusive remedy, and APPS4RENT’s sole obligation, for breach of the foregoing warranties shall be for APPS4RENT, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. APPS4RENT may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
- The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of APPS4RENT’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer’s equipment or any third-party equipment not within the sole control of APPS4RENT.Except as expressly provided in this section, apps4rent makes no representations or warranties of any kind, express or implied, with respect to the services or any software provided under this agreement, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title or non-infringement of third-party rights, and apps4rent hereby expressly disclaims the same. Without limiting the foregoing, any third-party software provided to customer hereunder is provided .as is. Without any condition or warranty whatsoever. Apps4rent does not warrant that the services will be uninterrupted, error-free or completely secure.
- Billing and Payment
Customer will pay to APPS4RENT the service fees for the Services in the manner set forth in the Order Form
- Unless otherwise specified, all fees and related charges shall be due and payable the date they are invoiced. If any invoice is not paid within seven (7) days after the date of the invoice, APPS4RENT may charge Customer a late fee.
- If any check is returned for insufficient funds APPS4RENT may impose a processing charge of $25.00.
- In the event that any amount due to APPS4RENT remains unpaid seven (7) days after such payment is due, APPS4RENT, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
- There may be an administrative charge to reinstate accounts that have been suspended or terminated
- Any length of time shorter then one month of service is billed as a whole month of service for all packages
- Duration of Agreement, Continuity, and Cancellation Policy
The Initial Term shall begin upon agreement of APPS4RENT’s Policies by the Customer, commencement of the Services to Customer and/or receipt of lawful funds. The term’s length is chosen by customer and shall be indicated in the order form. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party 30 days in advance of the renewal/anniversary date as provided herein
- This agreement may be terminated by the Customer before the renewal/anniversary date by giving APPS4RENT notice at least 30 days prior to the renewal/anniversary date of the Term (Customers hereby agrees and understands that they must strictly follow the process mentioned in www.apps4rent.com/cancel.html in order to provide notice for terminating services as described herein), or by APPS4RENT in the event of nonpayment or non compliance by Customer, at any time, without notice, if in APPS4RENT’s sole judgment Customer has in any way breached this Agreement (Termination for Cause). If Customer fails to keep their appropriate method of payment updated at any time, APPS4RENT may in its sole discretion terminate the account without any prior notice and/or forward the account to a 3rd (third) party collections agency if any funds are outstanding on any account which has not been cancelled by the Customer as per the process defined in www.apps4rent.com/cancel.html.
- APPS4RENT may also terminate this agreement in its sole discretion at any time for any or no reason, by giving Customer 72 hours notice to the email address customer keeps on file with APPS4RENT. In the event of APPS4RENT executing such termination prior to the renewal/anniversary date, APPS4RENT’s sole liability may be to issue a prorated credit for the Customer’s unused prepaid service fees. Liability is limited to circumstance and may not be invoked by the Customer if in violation of any company Policies.
- If APPS4RENT cancels this agreement pursuant to any of the terms outlined in this agreement, with the exception of Termination without Cause, APPS4RENT shall not credit Customer any fees paid or prepaid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that APPS4RENT terminates the agreement based on Termination with Cause, all prepaid hosting fees will be forfeited and are no Credit will be issued.
- APPS4RENT reserves the right to terminate the Services, if Customer’s usage of the Services results in, or is the subject of, legal action or threatened legal action, against APPS4RENT or any of its affiliates, partners, owners, employees or agents, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
- Any account affiliated with a Chargeback Dispute may be suspended without any prior notice. Any Chargeback Disputes resulting in the deduction of funds from APPS4RENT are considered to be in bad faith and any amounts outstanding from there on will be forwarded to a 3rd (third) party collections agency. Any collections agency fees shall be paid to directly to APPS4RENT or upon the request for collection from the agency assigned by APPS4RENT. There may be a minimum fee of US $99.95 for any and all Credit Card Chargeback disputes
- Customer acknowledges and agrees that sending a notification e-mail to email@example.com is the ONLY ACCEPTABLE METHOD TO CANCEL a Web hosting account with APPS4RENT to avoid occurrences such as an automatic renewal. Any cancellation requests sent to or directed to APPS4RENT by telephone, any other email ID and/or a regular mail shall be null and void. Customer also agrees that any request for a credit shall be forfeited, if the cancellation notice is not sent to firstname.lastname@example.org to cancel a Web hosting account.
- Limitation of Liability
Apps4rent cannot guarantee continuous service, service at any particular time, integrity of data, information or content stored or transmitted via the internet. Apps4rent will not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content transmitted, received or stored on its system.
Except as expressly provided below, neither party shall be liable in any way to the other party or any other person for any lost profits or revenues, loss of use, loss of data or costs of procurement of substitute goods, licenses or services or similar economic loss, or for any punitive, indirect, special, incidental, consequential or similar damages of any nature, whether foreseeable or not, under any warranty or other right hereunder, arising out of or in connection with the performance or non-performance of any order, or for any claim against the other party by a third party, regardless of whether it has been advised of the possibility of such claim or damages.
The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15(c) shall not apply to Customer’s indemnification obligations.
- Notwithstanding anything to the contrary in this Agreement, APPS4RENT’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
- Customer understands, acknowledges and agrees that if APPS4RENT takes any corrective action under this Agreement because of an action of Customer or one if its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that APPS4RENT shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by APPS4RENT.
- This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Independent Contractor. APPS4RENT and Customer are independent contractors and nothing contained in this Agreement places APPS4RENT and Customer in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of New Jersey. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this agreement must be brought in a state or federal court located in new jersey, and each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
- Headings. The headings herein are for convenience only and are not part of this Agreement.
- Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or APPS4RENT, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and APPS4RENT. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by APPS4RENT in its sole discretion, which modifications will be effective upon posting to APPS4RENT’s web site.
- Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
- Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows or to electronically to the e-mail addresses of record on file.
- Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
- Assignment; Successors. Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of APPS4RENT. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. APPS4RENT may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
- Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen
- Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, APPS4RENT’s records of such execution shall be presumed accurate unless proven otherwise.
- Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
- Government Regulations. Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
- Marketing. Customer agrees that during the term of this Agreement APPS4RENT may publicly refer to Customer, orally and in writing, as a customer of APPS4RENT. Any other public reference to Customer by APPS4RENT requires the written consent of Customer.