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Rules and/or Disclaimer
(Updated June 04, 2009, 11:00 AM Local NM Time )
(Updated September 03, 2009, 11:44 AM Local NM Time)
(Updated September 25, 2009, 08:15 AM Local NM Time)
(Updated November 18, 2009, 09:45 AM Local NM Time)
(Updated December 15, 2009, 11:30 PM Local NM Time)
(Updated December 29, 2009, 1:32 PM Local NM Time)
(Updated February 1, 2010, 8:00 AM Local NM Time)

Special Consideration  - To Black Diamond Owners, Employees, and Related Attorneys

This website has in the past and continues to operate with a policy that does not require any registration in order to post messages in the forum(s). This makes message posting an option for any person in the world, and so one can easily sign his or her real name at the end of the posted message in order to specifically identify themselves and their title/status. This includes you !  So if you are going to read the content on this web site, you are free to comment,  correct, and/or dispute any content posted on this web site through the use of the open forum system just like everyone else. No registration is required.  Should such a forum message be posted by any owner, employee, or related attorney, who also identifies his/her status as such in the message,  this website administrator will headline that message on the front page of this web site in all cases, and he will also provide a direct "link" (example - "Press Here To Read Message".) from that related front page headline article to that specific posted forum message. 

This in effect opens this web site up 100 percent to the point of view of those named in the title above, and also further provides for a degree of special emphasis not afforded to most others.

Further, since your message will be posted in open forum, this allows others to respond and/or post a public correction or retraction if required.

Further, since a motion has been filed and approved by the attorneys for the defendants requiring that matters related to current litigation not be discussed by the website administrator, Robert Thune, and because the defendants and their attorneys are on record  of using and frequenting  this website on their own, they are to be treated like any other visitor to the website and abide by the rules.  That being said:

One special rule is that if any material is posted by the website administrator (Robert Thune), where they (the defendants or their attorneys) believe that this information or content posted by the website administrator is in violation of that court order, a court order that they sought, they are required to immediately notify Robert Thune of their concerns either by e-mail (Link On Home page or bthune@comcast.net), telephone (575-642-7888 or (575-571-1715), through his attorney, or by direct mail.  In all cases, and regardless of the website administrator's personal opinions or desires, the website administrator (Robert Thune) will immediately remove that material upon said notification, and without prejudice.  This is done because in running a website such a possibility of such a oversight could inadvertently happen and/or exist for a variety of reasons. Mostly that would involve a difference in interpretation of what is included in this requirement.

So in order to avoid confrontation, and be fair on any and all court related legal issues, or any other concerns not related to legal matters by Black Diamond Management,  the website administrator will defer to the defendants desires for removal of content in all cases, and as those defendants wholly (and/or their attorneys) see fit as it relates to material posted on this website upon notification of displeasure by the defendants. This is done in order to avoid further confusion, interpretation disputes, more litigation and argumentation.  It is the website administrators desire to only discuss pertinent litigation in the court of law as per the defendants and/or their attorney's complete wishes and desires as it relates to this manner.  Building a case and then pouncing without notification of displeasure by the defendants related to any material posted on this website is not an excuse for violating the website rules as is relates to this matter. The website administrator just wants to continue to run his website while cooperating  with the defendants in full and on a fair basis !!!!

On this issue, the website administrator reserves the right to remove material previously posted by himself, if on his own, he later determines and/or concludes that this material may be to close to what could become a difference in interpretation  between the defendants or their attorneys, and himself, relative to any court order on this issue. The removal of this material is not to be interpreted as the previous performance of any wrong doing. The website administrator also reserves the right to rescind  the provisions of the two paragraphs above, retroactively (to include the latest request for removal only), if he determines, at his sole discretion, that abuses are occurring in the quantity of requested deletions and/or relevancy to any issues what-so-ever as is relates to the content that this same material contains. (This last sentence is added because of the defendants actions as they relate to legally sealing ALL MEMBERS in total from witnessing the first local trial.)  The request for any blantant "bulk deletions" will certainly fit into this category of "denial to delete" on the part of the Website Administrator.

Special Note:

Unless explicitly stated otherwise, everything written, or expressed in any and all other forms, by my (Robert Thune's) hand or deeds in and on this website and/or website forum, is MY opinion only (except as sometimes disclaimed in "Administrator Appended and/or Follow-up Comments:" section below), and it is only opinion, not necessarily fact. Any use of the word "comment, believe, etc." or the like, in these rules and the website policies page is to be interpreted as to mean "opinion only". Further, I do NOT speak directly for anyone else, or business, real or imagined.

I (Robert Thune) do reserve the right to publish hearsay on this website solely as I see fit. This right does not  necessarily apply to the other website users.

The users of this website have no "rights to equality" amongst themselves as it relates to the treatment by the website owner (Robert Thune) in the running of this website. Specifically, this website is NOT, or intended to be, the official  VOICE OF THE COMMUNITY including but not limited to; world wide web readers, community residents, real estate property owners,  the club membership, and/or any Black Diamond developer owners and/or employees. It is strictly a privately owned web-based entity which is owned and operated by Robert H. Thune, and at his sole discretion, and on all matters. Further, the words "Resident Based" contained in the home page title refers to Robert H. Thune only and alone, not the Black Diamond "Residents" specifically or in general. The website owner can treat differing website users strictly as he sees fit and at his sole discretion. No "equal treatment" between differing website users is expressed or implied. The same also applies to the same user, but at differing times. Any tolerated behavior on this website by the owner, and for any period of time, does not set a precedence of tolerance, for subsequent actions and/or usage by the other users.

Further, the website administrator reserves the right to change and/or correct news stories, articles, forum messages (minor corrections), and/or documents, at his sole discretion and without special notifications to the readers. He likewise reserves the right to change, correct, withdraw, and/or retract at his sole discretion any previously stated opinions and/or stated future intentions, without special notifications to the readers.

This website is owned, operated, and controlled by Robert Thune. It is not owned, operated, or controlled by others or anyone else; most specifically those associated with the community known as Black Diamond or it's owners/operators.  There is no "equality of website rights" when using this website either practiced, expressed, or implied between the other users of this website and the owner of this website who name is disclosed above. That website owner has every right to practice or speak in any manner that he sees fit at all times, and most specifically in direct violation to the website rules set forth by him for practice by the other website users,  if he (at his sole discretion) deems that necessary and/or desirable, and as the sole-owner of the website.

The users of this website must all understand and agree to accept as fact where pertinent:

The administrator, Robert Thune is not an attorney. Opinions expressed that relate to legal matters are that of a non-attorney only. All website users should due their own due diligence on all legal and other matters found on this website.
Also, any and all statements made on this website, it's specialty pages, or in the forums, by Robert Thune (a non-attorney),  is opinion only and without any consultation with my attorney to date (as of11-30-08) .  Any and all of these statements, were and are extremely limited opinions and based on limited research only because they are used solely in the operation,  maintenance, interest generation, hit count building, reader count building,  reader simplification and understanding, and order keeping of this website. With that in mind,  any and all writings by Robert Thune were and are NOT intended for specific legal interpretation including but not limited to;  exact word meaning interpretation,  intent arguing, "but you said" arguments,  and/or legal nit picking in general.  Because of their original intent as it relates to the operation of this website alone (as listed above), they are thus all subject to correction, amplification, clarification, and even a complete retraction at any time in the future by myself (Robert Thune) after consultation with my attorney about all of the involved specifics on any matter, and at any time, after actual litigation (defined as the start of jury trials in particular) commences.. This written material was originally authored at a different time, and for a different specific purpose, when technical legal content perfection was not an issue.

The writings above and up through 11-30-08 are extended here to continue through 9-3-09 and on forward until actual jury trials start in the courts, are likewise subject to the writings of the above paragraph since no actual trials have begun. Until that time, (jury trials), no actual decisions have been reached (save Summary Judgments and court rulings) so any statements made by the website administrator (a non-attorney) are not to taken as necessarily based on any real fact (they are opinions).  The actual facts as per attorney - client privilege remain intact.

Also, since Black Diamond management has not been forthcoming with financial information (possibly in violation of Florida law), or membership category counts, any opinion statements made by Robert Thune relative to anything related to these specific matters are based on estimates only. Let the reader beware and do their own do diligence on the validity of this subject matter. Most specifically, but not limited to, are matters that relate to membership resignations and the long-term effect of those resignations on the financial stability of the club facility (ies) operation(s) as it relates to an "option" takeover as described in the Membership Plan.

The Membership Plan  (not the term CLUBMEMBERSHIP)

All users of this website must read and understand the following disclaimer.

The actual existence (only) of a paper document called the "Membership Plan", as part of "the Club", (Black Diamond Club, Inc.) documentation, is not under dispute by the website administrator, Robert Thune.  The document exists!  Any and all statements or comments made by the administrator in the forums/blogs, or anywhere else on this website, about any content in that document (the Membership Plan), reflects an opinion only of  how the document reads in a literal manner only.

Many matters related to this document (the "Membership Plan"), however, and in many ways, are under dispute in the courts at this time (12-15-08), and in particular how they relate to the website administrator, Robert Thune.  Nothing stated by the administrator Robert Thune, in the past or in the future, and on this website, is intended to reflect any type of agreement or acknowledgement of validity in any manner with what is literally stated in that document.  It is nothing more than a document authored by Stan Olsen and of questionable status and legality.

In fact there is much legal disagreement about this document and it's use in conjunction with the purchase of a club membership .  Under dispute, and particularly under depute by Robert Thune,  is whether or not this document was properly represented at the time of purchase, whether it was presented before any money for purchase was accepted by Black Diamond,  whether a rush to avoid initiation fee price increases was threatened by the  Black Diamond Sales Department as a means of avoiding a thorough investigation of this document by the purchaser,  whether or not any pre-dating of checks occurred at the request of the Black Diamond Sales Department as a deceptive ploy to cause a rush to judgment relative to the presentation of this document,  whether the sales department was truthful in this document's content and presentation, whether this document is actually legal in any and all manners,  whether the "option to purchase" clause in particular was in compliance with Florida law,  whether the purchase of a membership into what was represented by the Black Diamond Sales Department as a true "equity club" was properly presented or was misrepresented as something it wasn't (particularly in comparison to other existing true equity clubs), whether an eventual turnover was properly represented and explained, and/or whether or not this document has any legal status and/or validity based on whether or not it was written in compliance with the law in all ways and manners.

Also under dispute is the fact that Robert Thune was sold 2 memberships that were classified by Black Diamond as "inactive" and there was not one shred of legal documentation in this document to cover the rules and procedures for this classification of club membership, which in effect did not exist.  This fact was later acknowledged in a letter authored by Stan Olsen (letter available) without the offer of a refund.

Administrator Appended and/or Follow-up Comments:

Administrator originated opinions appended to the end of existing and posted forum messages, whether these messages were posted anonymously or signed, apply only to that particular message which they are associated with, and solely up to or for that specific period in time alone.  Prior to the Administrator's appended opinions, these forum messages sometimes contain derogatory remarks about others and/or other businesses usually without any supporting evidence on the part of the original  message poster.  So for this reason and others, any remark (response opinions) made by myself (the Administrator) relative to these appended messages apply only "until proven or seen otherwise" whether that particular written disclaimer is added to the appended opinion by myself (the Administrator) or not. These added appended opinions by the Administrator most certainly do not ever apply to any point in time after the Administrator's appended message opinion is posted, simply because conditions can and do change (in some cases. dramatically) !

The above paragraph also applies to full-blown independent follow-up messages made by the Administrator, which are in response to previously posted messages from others.

In addition to "keeping order" by acting as the Website Administrator, the Administrator sometimes uses the suffix "Speaking for himself." as opposed to "Website Administrator" or "WA" when ending message opinion additions.  In those cases, he is simply delineating and/or emphasizing that this particular opinion is not made in his role as the "order keeping" Website Administrator in any way, but rather this opinion is a wholly personal opinion only, aside from his role as the "order keeping" Website Administrator. 

User Conduct (paragraph 1):

The User shall use this WEB Site for lawful purposes only. User's shall not post or transmit through any part of this website's "system" any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, and/or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a User that in the website administrator's discretion restricts or inhibits any other User from using or enjoying the System will not be permitted.

Further the administrators and moderators of this forum will attempt to monitor and/or correct any misinformation, misstatements, incorrect reports & letters, interpretations, mistakes, wrong facts & numbers, etc. as quickly as possible, when brought to his attention. This includes things he himself has authored. 

It is a rule of this website that if, as a user and/or viewer of this website, any content whatsoever is found to be in error in any way that affects anything related to someone and/or his business in what is believed to be a negative way, that person will first notify the website administrator by certified letter asking for a mutually agreeable public correction, retraction, apology, and/or clarification,  and then further hold the website administrator harmless when his request is so performed by the Administrator. E-mail or phone (575-642-7888) may also be used by the reader, but at the website administrator's sole discretion, or to obtain the website administrator's correct mailing address or phone number or to make those corrections/ retractions/etc. more quickly. That e-mail address is located on the home page of this website.

Further and also, if any reader finds any errors to any content what-so-ever in the forum (including alleged facts), and especially about one's self, whether made by the website administrator (Robert Thune) or a website user, he (she) is obligated to use that same forum "thread" to correct and/or clarify those misstatements and/or errors before taking any legal action(s). He (she) (the offended) will then drop any legal claims once a retraction and/or apology is made is made by the alleged offender in that same thread. It is not just "OK" to access and read the forum, and then not make a personal correction (as to the real facts) if an error about one's self is found in any way, and especially in an effort to create a legal claim.  It's a blog, and by it's very nature, that allows for the posting of content whether pro-active, reactive, or corrective, and is especially required if the "offended" has posted messages previously in the forum.  It is not "just OK" to allow one (the offender) to "hang out to dry" (the offender) for legal ramifications through the use of "blog silence" (by the offended) by deliberately remaining silent to a correction action and/or public apology by the offender. 

The website administrator reserves the right to make minor corrections to messages posted in the forums at his sole discretion.  These correction are not intended to change the original meaning in any way.

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws, especially including copyrighted material.  Further, all message posts must be done in a respectful and gentlemanly manner. Messages that  include rhetoric which discusses or implies innuendo about the demise of anyone is expressly prohibited.

While the Administrator's intent is to keep and maintain anonymity in the forum, under certain conditions, and at the website Administrator's sole discretion, certain real names of message posters may be revealed to the public.  This clause is intended for those message posters that violate website rules and/or, intimidate the website Administrator, use derogatory terms aimed at anyone, and make message posts under false pretenses (multiple posts under different names).  Since the website Administrator has no other way of stopping this unwanted activity by certain persons hiding under a promise of anonymity, public revelation of those engaging in those unwanted practices is the only alternative the website administrator has to end this abuse and reconstruct civility and order to the website.

With direct respect to copyrighted  material, any message poster is responsible to check to see if the material which they are posting is copyrighted prior to posting it on this website.  Forum posters shall take full responsibility for these posts, while holding the website holder harmless,  and this responsibility may include a full investigation of the message poster's identity, and/or the payment of any and all financial loss suffered by the webmaster as a result of this action..

All posters in the forums must acknowledge that there is an existing class action lawsuit (now modified to Individual plaintiffs under one action) that disputes the real existence of any club related to Black Diamond.  Any use in this website (including any postings in the forums) of any terms what-so-ever that refer to anything related to golf, or a golf club/club, and/or a member/membership (including dues, fees, and charges), or anything else related to this matter, are for talking points only, and do not acknowledge that any real things related to this matter may not actually exist in any and all content on this website, including content they post.  This matter is in dispute under a certified class action lawsuit (as modified) at this time.

The website administrator reserves the right to purge the forums from time to time in whole or in part for any reason, and without notification, disclosure, or warning.  This is done for both security and maintenance reasons. Further, any forum message posting(s) that are deemed to contain material that is thought to contain information the would be categorized as "Attorney/Client privilege", "conflict of interests", or contains very specific written inclusions of a specific legal concern that is not in the best interest of either side, for any existing lawsuit(s), will be removed upon written request of responsible parties and/or attorneys involved.  Requests of this nature must state a complete, different, and specific reason, for each and every message removal, in order to be considered for removal. Further each individual message request must be made with a single U.S. Mail "registered" letter (e-mails are not accepted).  Multiple message removal requests in one envelope or letter will not be honored.  The administrator also reserves the right to demand that requests from non-attorney personnel also include a written request (with the same rules as stated above) from the an attorney involved in that lawsuit, with the reasons for removal so stated.  Requests that demand bulk removals for generic and/or the same repeated reason (I.E. - all these message are not in my (our) best interest) will not be honored.  The administrator reserves the right to accept individual e-mails on this matter at his sole discretion alone.
 
Any attempt to discredit the messages posted by the Administrator, for any reason, is not allowed. Any criticism of corrective edits performed by the Administrator for the purpose of "rules compliance" is not allowed. Further, any criticism of corrective actions, of any type, taken by the website Administrator for the purpose putting an end to rules violations, is not allowed. (This most specifically includes the use of user banning software when this occurs).  Doing any of the above may lead to you being immediately and permanently banned from this website.  Attacks on or toward the Administrator for any reason and at any time are not allowed.You agree most specifically, that the rules of this website as they apply for message attacks directed toward the website administrator are for him alone, and they are put in place primarily to help keep order on this website. You agree that for this reason they do not necessarily apply to everyone else, or equally. You agree that the webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic for any reason and at any time should they see fit. And and all messages that call for the cessation of this website in any way of form will be immediately deleted without further cause, and that message poster may be banned from this website at the sole discretion of the website administrator.

Users of the forum are required to speak for themselves only, not others. This rule specifically does not apply to the website administrator, who also, as a matter of fact, personally owns the website.  If this is unacceptable to you, you are asked to not use or read the forum material and/or put up your own website.

As a user you agree to any information you have entered above being stored in a database. While this information will not be disclosed to any third party without your consent, the webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.

As it relates to anonymous message content only, or the desire for same, (no real name involved)....  Let it be known that the administrator reserves the right to perform certain operations on existing and new messages which result in certain IP addresses which are changed, inter-transferred and scrambled.   Let it furthe be know, that the website administrator does retain certain of the rights afforded to everyone who posts messages in the forum in that he may choose to post his own personal messages anonymously if he so desires.  Once these operations are performed, these messages do not represent any semblance or connection to the original person who posted them in the first place even though an IP address may show up at some level under intensive investigation of hex code from the service provider. This is actually done by the website administrator for security purposes only, and the actual content of the message is never changed in any way, only the IP address.  This operation is performed to assure that the posts remain anonymous (as promised) at all times should a court order be issued for detailed database information.  No record is kept of these changes to further insure complete anonymity, and it is done randomly.   Further, let it be known that the Administrator even further scrambles a portion of the messages by copying them to an off-site location, deletes the original postings, and them reposts this copy under his own IP address.  This could and does result in a large number of recorded message posts under the site administrators IP address, which were not authored or  originated by the Administrator.  Again this is done to further scramble the messages for security purposes, as it relates to the issue of anonymity and any  possible IP "connection" stamps. It also provides a safety net for the administrator's personal messages that he may post as an anonymous source (a right he also has as a property owner of Black Diamond). Further, the website administrator sometimes posts messages (under his IP address) which are e-mailed to him with requests from the author to remain anonymous.  After posting by the administrator, those e-mails are all destroyed (usually at the request of the author).  In short, an IP stamp found with any posted message does not necessarily represent the IP address of the original poster/author (including the website administrator), and in a  unrecorded number of random cases,  the IP address definitely has been changed.  The result of all this is that an anonymous source can never be proven to have actually made any given post even though some IP address may at some level be found to be linked to a given message. Simply put, it may be (and very likely is) a phony or incorrect IP address that resulted from these security changes.

Using the "Favorites" feature of a browser is a choice made by the end user in his/her computer which is beyond the control of this Administrator. A rule of this website is that it not be used at any time. Also, a rule of this website is that a violation of this rule does not in any way alleviate the users from reading & knowing, acknowledging, and abiding by the contents of all of the disclaimer pages on this website just the same as if they had viewed and "clicked" on them in order to proceed.  A choice to circumvent the page view requirements of this website, using the favorites feature in a browser, to access the Stanleyville Jokes page(s), without going through the acknowledgement disclaimer, is a very strict violation of website rules.  Users of this website, must acknowledge that any Ignorance, and/or any and all avoidance, of the disclaimer pages, and it's required acknowledgements, is no excuse. The website administrator also changes the internal links (webpage names) from time to force adherence thru the disclaimer pages.  As a result, no one can claim they did not go thru these pages to get to any given area of the website. 
 

Important point -  Some jokes and parody may pertain to real issues within Black Diamond, and the Website Administrator reserves the right to post that material outside of the totally fictitious Stanleyville section, of and on this website.  When he does this, he may also then specifically refer to "jokes" and "cartoons" when dealing with matters on the website and forum that are real, but are not in any way part of the totally fictitious Stanleyville material.  Any written or verbal references by the Website Administrator (whether in non-website related personal communications, or website related matters), to these real world jokes, etc., which will be about real world persons, groups, or things, only reference that parody material posted outside the fictitious Stanleyville section and are not to be construed that real world matters are ever placed in the totally fictitious Stanleyville section of the website.  They are not intermixed, ever, as to avoid confusion on this issue. Real world parody is placed outside the Stanleyville section, while fictitious parody goes inside the Stanleyville section of this website.

Chick(s) Of The Day (added 6-4-09), and parody in general.

From time to time, modified and/or edited photographs appear in or on this web site, and in any location.  These photographs are to be treated as parody only and are intended for entertainment and/or web traffic building purposes alone.

These edited photos are produced as a modern day and computer generated equivalent of the simple cartoon/joke (only).   These particular photo cartoons however, are unlike the completely unrelated (to Black Diamond) Stanleyville cartoons and jokes which are only posted in that particular section of this web site.

Any particular photographic depictions/cartoons/jokes when posted in a place other than the Stanleyville section and/or under any web page displayed heading "Chick(s) Of The Day", do represent,  when shown, parody alone, in particular, and at all times.  And these particular photo-cartoons may or may not at times and in some cases be directly related to Black Diamond and it's related matters.

And, in all cases, these "photographic cartoons" posted under the heading  "Chick(s) Of The Day",  represent absolutely nothing of fact what-so-ever, including the characters themselves, which are head and body fabrications commonly knows as "fakes" in the cyberspace world.
 

Remember, a cartoon is funny because it "rings of truth" in the eye of any user/ viewer only.  That "ring of truth" is a perception of the viewer alone, and not necessarily based on any particular real fact.

A rule of this web site is that the users of this web site understand the content and intents at humor as spelled out  in this 6 paragraph section, and treat it accordingly and as such. Those photo's represent non-factual humor and/or parody only !

Any relationship to real persons or events for material found in the Stanleyville cartoon section is unintentional.

Other Issues Continued...

A rule of this website is that you understand that the rules and disclaimer pages may be upgraded and changed at any time, and that it is your responsibility to know what they are and/or what they contain, each time you click into this website through it's opening page disclaimer/information provider. Just like the law in the U.S., lack of knowledge of these website rules and disclaimer page(s) content is no excuse.

Use of this website at any time without reading and understanding the current rules, policies, and disclaimer pages is not allowed.

Also These Rules Are Added:

• Message posters must use some form of the phrase, "in my opinion" when making statements that are (or have) not absolutely been proven to have a factual basis.  Expressing your opinions is a first amendment right !  There is no such thing as a false opinion.

• The use of "Flooding" is not tolerated at any time.  Flooding is defined as rapid message posts to corrupt the system,  or rapidly re-reading message posts to "up the read counter" for personal opinion influence gains.   Any person that "floods" will be permanently banned from the forums.

• Never copy the contents of personal e-mails of others into this forum.  This is a violation of that person's privacy !  There is an exception that allows the posting of e-mails or letters that were mailed or e-mailed in a "mass" or "large group" form and/or are thus general public information anyway.

• Never post any "Black Diamond" Trademarks !  While anyone else in the whole world would welcome this for free advertising purposes, this Developer uses this to sue whoever he desires.  He recently "settled" on one just such case.

• The posting of any false or defamatory statements (without a proper disclaimer) is strictly prohibited !

If you cannot agree and comply with the rules and statements, as presented above, you are asked to leave this website immediately.

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