Welcome to Jordans.com
This site is provided by Jordan's Furniture as a service to our customers.
Terms May Change
These Terms may be modified without additional notice. Such modified Terms become effective when posted on this Site. Please review these Terms on an ongoing basis. You understand and agree that your continued access to or use of this Site after the effective date of changes to these Terms indicates your acceptance of such revisions.
Please feel free to contact us with any questions or comments about these Terms or about the ways your information is handled. You can contact us online or via the address below:
ATTENTION: VP of eCommerce
450 Revolutionary Drive
East Taunton, MA 02718
In using and navigating your way around this Site, you certify that you are at least 18 years of age or that your parent or legal guardian consents to your use of the Site. If you are under the age of 18, but at least 13 years of age, you may use this Site, but only under the supervision of a parent or legal guardian, who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for your child’s use of this Site, including all financial charges and legal liability that your child may incur.
Jordan's Furniture does not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this site for anything other than for browsing.
Use of this Site
On the condition that you comply with all of your obligations under these Terms, Jordan’s Furniture grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license and right to access this Site with a generally available web browser to view information and use this Site. Any other use of this Site is strictly prohibited and a violation of these Terms. Jordan’s Furniture and its licensors reserve all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in this Site and all related items.
You understand that communications distributed by this Site may be distributed by electronic mail, which is by its nature insecure and unreliable. Electronic mail is subject to interception, misdirection and loss. In addition, an electronic mail message may be forwarded by its intended recipient to other unintended recipients. Any recipient of an electronic message sent by this Site may access the hyper-links to files contained on this Site, as this Site does not authenticate or validate the identity or authority of any person following a hyper-link contained in any such message.
All billing and registration information provided to Jordan’s Furniture must be truthful and accurate, and you acknowledge that providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of a checkout process, for example, you agree to accept and pay for the merchandise or services requested.
In using this Site, you may create an account (your “Account”) and be required to provide your contact information. We reserve the right to refuse or reject any request to create an account for you for any or no reason at our sole discretion.
You are solely responsible for your Account, your contact information and other information made available to Jordan’s Furniture through your Account or otherwise via this Site (your “Information”). You assume all risks associated with your Information, including reliance on its quality, accuracy or reliability by any other person or entity.
You may terminate your Account at any time by contacting us as provided in the “Contact Us” section of these Terms.
If we have reason to suspect that you have breached these Terms, or that any of your Information is not authorized, correct, current and complete, we may, in addition to taking or reserving any other remedies against you, terminate your Account. We reserve the right to erase any or all of your Information from this Site, as well as to terminate your Account without notice or liability, at any time and for any or no reason in our sole and absolute discretion. Any suspension, termination or cancellation of your Account will not affect provisions of these Terms, such as indemnification and limitations of liability, that are by their nature intended to survive such suspension, termination or cancellation.
You agree that:
- you will not violate these Terms or use this Site to violate the rights of any third party such as copyright or trademark rights;
- you will use your true legal name and true electronic mail address, and only provide accurate and complete information on this Site;
- you will provide at your cost all equipment, software, mobile access and Internet access necessary for you to use this Site.
- you will copy information from this Site only as necessary for your personal, non-commercial use to view, save, print, fax or e-mail such information;
- you will not otherwise reproduce, modify, distribute, display or provide access to this Site or its content;
- you will not create derivative works from, decompile, disassemble or reverse engineer any portion of this Site;
- you will not upload to or distribute through this Site any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer;
- you will not record, process or mine information about other users, or access, retrieve or index any portion of this Site;
- you will not remove or modify any copyright or other intellectual property notices that appear on this Site;
- you will not access or use this Site in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, this Site, its computer systems, network or the account of any other user;
- you will not attempt to gain unauthorized access to any parts of this Site or any user accounts, or any of this Site’s computer systems or networks;
- you will not use this Site in any way that is unlawful, harms our business, our service providers, licensors, representatives or any other user, or breaches any policy or notice on this Site;
- you will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s user name, password or other account information or another person’s name, likeness, image or photograph;
- you will not charge any person for access to any portion of this Site or any information on this Site;
- you will not access this Site through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from this Site) without our prior express written permission;
- you will not engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of this Site; and
- you will not assist, encourage or enable others to do any of the preceding prohibited activities.
Our Right to Use Your Information
As between you and Jordan’s Furniture, your contact information, data and other information made available through your Account or that you otherwise make available from time to time on the Site (collectively, “Your Information”) is owned by you. You hereby irrevocably grant to Jordan’s Furniture a worldwide, perpetual, non-exclusive, royalty-free, fully paid-up, assignable, sublicensable, transferable right and license to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Information in connection with the Site and the services provided to you by the Site.
Pricing and Content Information
Jordan’s Furniture reserves the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed.
Jordan’s Furniture makes a conscientious effort to describe and display its products, promotions, and services accurately. Despite these best efforts, occasionally items or promotions may be mispriced, described inaccurately, or unavailable. As a result, we cannot and do not guarantee the accuracy or completeness of Site information, including prices, product images, promotions or services.
The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping charges may apply, but you will be advised of such charges before your order is finalized.
You will be responsible for applicable taxes. We do our best to ensure that taxes based on the applicable location are accurate. If you find that there is an erroneous quote, please notify us so that we fix the error.
In the event that an item is mispriced, Jordan’s Furniture may, at its own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We do our best to provide you with great values on our Site as well as in our stores. Sometimes, however, the price of an item online differs from the price of a comparable item in-store. Indeed, store pricing will occasionally differ from online prices. Our stores do not honor Internet pricing.
In addition to the pricing terms outlined above, please note the following site content information:
- Merchandise Content—Jordan's Furniture attempts to be accurate in its online product descriptions. However, Jordan's Furniture does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.
- Objectionable Content —You understand that by using this Site or any services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable. By using this Site, you agree to use it at your own risk. Jordan's Furniture and its affiliates will have no liability to you for content that may be deemed offensive, indecent, or objectionable.
Sleep/Health Content —All content, including, but
not limited to, allergies, pain, sleep-related illness or conditions in
the Sleep Lab section or any other portion of this Site, is strictly for
educational purposes only. Such content is intended to supplement, not
substitute for, the diagnosis, treatment, and advice of a medical
professional. Such content does not cover all possible uses, precautions,
side effects, and interactions, and should not be construed to indicate
that any particular remedy is safe for you.
Consult a medical professional for additional guidance or prescription. Proper treatment of any condition depends on a variety of personal health factors, and can best be assessed by your health care provider.
- Quantity Limits and Dealer Sales—Jordan's Furniture reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household, or per order via Jordans.com. These restrictions may be applicable to orders placed by the same account, the same credit card, and/or to orders using the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Jordan's Furniture also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, reselling will be defined as purchasing or intending to purchase any product(s) from Jordans.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.
- Product availability —Most products displayed on this Site are available in select Jordan’s Furniture stores. In some cases, merchandise displayed for sale on this Site may not be available at Jordan’s Furniture stores.
We have made reasonable efforts to accurately display the colors of our products that appear on this Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Jordan’s Furniture is the owner of all content and related intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, with all rights reserved, exclusive of content provided by third parties, which is owned by the licensors of such content. You acknowledge and agree that the content and materials available on the Site, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
Jordan’s Furniture cautions you that some documents, photos, and other content may have been published on the Site with the permission of the relevant copyright owners (who are not controlled by Jordan’s Furniture). All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise use them must be requested and obtained directly from the copyright owners.
References made on Jordans.com to any names, marks, products, or services of third parties or third-party information—or hypertext links to such third-party content—are provided solely as a convenience to you. They do not in any way constitute or imply the endorsement, sponsorship, or recommendation of the third party, its information, products, or services by Jordan’s Furniture.
Jordan’s Furniture is not responsible for the practices or policies of such third parties, nor the content of any third-party sites. We do not make any representations regarding third-party products or services, or the content or accuracy of any material on such third-party websites. If you decide to visit any such third-party sites, you do so entirely at your own risk
You are prohibited from violating or attempting to violate the security of this Site. This includes, without limitation, (a) accessing data not intended for such user or logging onto a server or an account to which the user has not been provided authorized access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mail bombing,” or “crashing;” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Jordan's Furniture will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
In using Jordans.com, you agree not to use any device, software, logic, or routine to interfere with-or attempt to interfere with-the proper working of this Site or any activity being conducted in relation to this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation to browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this site in ways other than those search engine and search agents made available by Jordan's Furniture on this Site or via other generally available third-party Web browsers (e.g., Mozilla Firefox, Safari, Internet Explorer, Chrome, etc.).
In using this Site, you acknowledge that the purchased goods licensed or sold on this Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received.
By purchasing, downloading or using technology or software from this Site, you agree to abide by the applicable laws, rules and regulations—including, but not limited to the Export Administration Act and the Arms Export Control Act—and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of applicable law.
User Reviews, Feedback, and Other User Content
This Site may allow you to submit, post, upload, or otherwise make available (collectively, "Post") content such as video clips, photographs, reviews, questions, comments, public messages, ideas, designs, features, business plans, inventions, product feedback, comments and other user-generated content (collectively, "User Content") that may or may not be viewable by other users. You may also submit User Content in other ways in which you interact with Us such as through social media. Other than with respect to Feedback (which is assigned to Jordan’s Furniture as described below), you own and retain the copyright in any original User Content you Post. However, when you Post User Content, you grant Jordan’s Furniture a royalty-free, worldwide, perpetual, irrevocable, transferable right and license (with the right to sublicense through multiple tiers) to use such content however Jordan’s Furniture desires, including without limitation, copying, modifying, deleting, adapting, publishing, translating, or deriving creative works from and/or selling or distributing such User Content and/or incorporating it into any form, medium, or technology throughout the world.
Jordan’s Furniture will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute User Content for any purpose whatsoever, without restriction and without compensating you in any way. Jordan’s Furniture is and will be under no obligation to (1) maintain any User Content in confidence; (2) pay users any compensation for any of their User Content; or (3) respond to any User Content.
By using this Site, you agree that any User Content submitted by you to the Site will not violate these Terms or any right of any third party, including without limitation, copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity. You represent and warrant that you own or otherwise control all of the rights to the User Content and have the right to assign or license such User Content to Jordan’s Furniture as set forth in these Terms. You further agree that no User Content submitted by you to Jordans.com will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, nor will such content contain software viruses or other malware, political campaign messages, commercial solicitations, chain letters, mass mailings or any form of “spam.”
Further, you acknowledge and agree that Jordan’s Furniture may or may not, at its discretion, review, reject, move, edit or remove any User Content submitted to this Site. By using this Site, you grant Jordan’s Furniture the right to use the name that you submit in connection with any User Content. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and will remain solely responsible for the content of any User Content you make, and you agree to indemnify Jordans.com, Jordan’s Furniture, and its affiliates for all claims resulting from any User Content you submit. Jordan’s Furniture and all of its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.
From time to time, the Site may provide you an opportunity to communicate with Jordan’s Furniture to provide User Content or other information that specifically concerns how Jordan’s Furniture can improve the Site and/or the products and services made available advertised on the Site or in Jordan’s Furniture stores (collectively, “Feedback”). Please be aware that any Feedback communicated to Jordan’s Furniture through the Site or otherwise, whether such Feedback consists of suggestions, ideas, graphics, or other material, will be treated as nonconfidential and nonproprietary. Any Feedback you submit, transmit, or post becomes the exclusive property of Jordan’s Furniture. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without crediting or compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
You agree to defend, indemnify, and hold harmless Jordan’s Furniture, its affiliates, and any of their related companies, suppliers, licensors and partners, including the shareholders, members, managers, officers, directors, employees, agents and representatives of each of them, from and against any and all claims, liabilities, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of this Site or any breach by you of these Terms.
This Site is provided by Jordan’s Furniture on an “as is” and “as available” basis. Jordan’s Furniture makes no representations or warranties of any kind-express or implied-as to the operation of this Site or the information, content, materials, or products included on this Site.
To the full extent permissible by applicable law, Jordan’s Furniture disclaims all warranties—express or implied—including but not limited to implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Jordan’s Furniture disclaims any and all warranties—express or implied—for any merchandise offered on this Site. You acknowledge, by use of this Site, that your use of the Site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of these Terms. Some states do not allow limitations on how long an implied warranty lasts. So, the foregoing limitations may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
- Merchandise Content Disclaimer —Product information accessed through this Site is obtained from claims made by the product’s manufacturer. Please note that, on occasion manufacturers may alter their labels so that actual product packaging materials may contain different information than that shown on this Site. Thus, we cannot guarantee or ensure the accuracy, completeness, or timeliness of any product information. We recommend that you do not solely rely on the information presented, and that you always read labels, warnings and directions before using a product. For additional information about a product, please contact the manufacturer. Jordan’s Furniture assumes no liability for inaccuracies or misstatements about products. Customer reviews are provided for informational purposes only. Customer reviews reflect the individual reviewer’s results and experiences only and are not verified or endorsed by Jordan’s Furniture or Jordans.com.
- Sleep Lab Content Disclaimer—Any sleep health content on this site is provided by product suppliers, and not by Jordan’s Furniture or its affiliates. Jordan’s Furniture does not sponsor, recommend, or endorse any particular third party, product, service, or information provided on this Site. All such content is for educational purposes only. It is not intended, and should not be used, as a substitute for the diagnosis, treatment, and advice of a medical professional. It does not cover all possible uses, precautions, side effects, and/or interactions. It may not contain all information that is applicable to your personal circumstances and should not be construed to indicate otherwise. Always consult your own medical professional regarding any medical condition.
The information and services provided in any sleep health-related area of this Site are provided on an “as-is,” “as-available” basis without warranty of any kind--expressed or implied. You acknowledge by use of this site that Jordan’s Furniture and its affiliates and agents assume no responsibility for any consequence, damage or loss relating directly or indirectly to any action or inaction you take based on the information, services, or other material on this Site. Your use of this site is subject to the additional disclaimers and caveats that may appear throughout Jordans.com.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise, will Jordan’s Furniture or any of its affiliates, employees, directors, officers, agents, vendors, or suppliers be liable to you or to any other person for any indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use this Site. This includes, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Jordan’s Furniture has been advised or should have known of the possibility of such damages.
In no event will Jordan’s Furniture’s aggregate liability for any claim or dispute arising out of or in connection with these Terms exceed one hundred U.S. dollars (USD$100.00).
Any dispute, controversy or claim arising out of or in connection with or relating to your use of this Site or these Terms, or any breach or alleged breach these Terms, will be submitted to a single arbitrator and settled by binding arbitration pursuant to the Commercial Rules then in effect of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Boston, Massachusetts. Judgment upon the award may be entered in any court of competent jurisdiction. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.
It is the policy of Jordans.com to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to a designated agent of Jordan’s Furniture. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our designated agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Jordan’s Furniture’s designated agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to the designated agent of Jordan’s Furniture and Jordans.com. The communication must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jordan's Furniture to locate the material;
- Information reasonably sufficient to permit Jordan's Furniture to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For notice of claims of copyright infringement, you can contact us online or via the address below:
ATTENTION: VP of eCommerce
450 Revolutionary Drive
East Taunton, MA 02718
Upon receipt of a valid notification of alleged copyright infringement by a third party, Jordans.com will remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or by Jordan’s Furniture, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a counter notification with the designated agent at the address listed above. To be effective, a counter notification must be a written communication provided to the designated agent for Jordan’s Furniture that includes the following:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If Jordan’s Furniture receives a valid counter notification, it will provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Jordan’s Furniture has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Jordans.com.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their counter notification statement may be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee, or by Jordan’s Furniture, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
We are committed to making our Site content accessible and user-friendly for everyone. By clicking on the blue symbol in the bottom left corner of this Site, you can make modifications that enhance your ability to access the Site. If you are still having difficulty viewing the content on this Site or navigating the Site, please contact us using the information provided in the “Contact Us” section of these Terms, and we will be happy to assist you.
These Terms represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section.
If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect. The failure of Jordan’s Furniture and Jordans.com to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit the rights of Jordan’s Furniture with respect to such breach or any subsequent breaches.
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