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Terms and Conditions of Sale and Use

1. Introduction

This website, accessible at www.cosmoflag.com, is operated by Cosmoflag. Throughout the site, the terms “we,” “our,” and “us” refer exclusively to Cosmoflag. We offer this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (collectively, “Terms and Conditions of Sale and Use” or “TCSU”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these TCSU.

Any new features or tools that are added to the current store shall also be subject to the Terms and Conditions of Sale and Use. You can review the most current version of the TCSU at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on an e-commerce platform that allows us to sell our products and services to you.


2. Conditions for Using the Online Store

By agreeing to these Terms and Conditions of Sale and Use, you represent and warrant that you have reached the age of majority in your country, state, or province of residence and that you have given us your consent to allow any of your minor dependents to use this website. Minors, particularly those under the age of 18, may only use this site under the supervision of a parent or legal guardian.

Usage Restrictions

By using our site, you agree not to use the products or services for any unlawful activities under the laws of your country, state, or province of residence. You also agree not to:

  • Use the site for obscene or immoral purposes, or for any other purpose harmful to public order.
  • Violate the intellectual property rights of Cosmoflag or third parties.
  • Spread any computer viruses, malware, or other malicious technologies aimed at harming, interfering with, intercepting, or expropriating any system, data, or personal information.
  • Use our services for spam, phishing, pharming, or other questionable activities.
  • Attempt to gain unauthorized access to computer systems or networks connected to Cosmoflag’s site.

Failure to comply with these restrictions may result in the immediate termination of your account and/or access to our site. We reserve the right to hold you accountable for damages resulting from such prohibited actions.

3. Modifications to Services and Pricing

Variability of Pricing and Offered Services
The prices of our products are subject to change without prior notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

It is important to note that certain changes may be driven by market fluctuations, stock shortages, pricing errors, or other circumstances beyond our control. We strive to keep our product and pricing information as accurate and up-to-date as possible.

Right to Modify or Discontinue Services Without Notice
We also reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content on the site. We may impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

This flexibility is essential to enable us to manage our site effectively and adapt to our customers’ evolving needs and market conditions. However, we are committed to communicating transparently with our customers about significant changes that may impact them and providing appropriate alternatives if a popular service or product is discontinued.

By continuing to use Cosmoflag after such changes, you agree to and accept these changes. If you disagree with the modified terms, you should cease using our services and, if necessary, close your account with us. We recommend regularly reviewing this section and our Terms and Conditions of Sale and Use to stay informed of any updates.


4. Products or Services

Product Availability
The products or services available on Cosmoflag are exclusively offered online via our website. These products or services may have limited quantities and are subject to our return policy only as outlined in our Returns Policy, which is incorporated here by reference.

We strive to present the features of our products as accurately as possible, including detailed descriptions and precise images. However, we cannot guarantee that the colors and details displayed on your screen will exactly match those of the product, as the representation depends on your screen settings.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion.

Returns and Exchanges Policy
In line with our commitment to customer satisfaction, returns or exchanges of purchased products are possible under certain conditions. To be eligible for a return, your item must be unused and in the same condition as when you received it. It must also be in its original packaging.

To return a product, you must first contact us and follow the instructions provided to complete the return. Depending on the circumstances, we may offer a refund, exchange, or store credit, as detailed in our Returns Policy. Specific details of this policy are available for review on our website.

Return or exchange requests must be made within the specified timeframes after receiving the product, as detailed in our Returns Policy. Any product returned outside these timeframes or not meeting the return criteria may be rejected.

We encourage our customers to carefully review the policy before making a purchase to ensure they understand the conditions under which a return or exchange is possible.


5. Accuracy of Information

Disclaimer on Information Accuracy
We make every effort to ensure that all information on our site is complete, accurate, and up-to-date. However, there may be instances where information on the site contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping fees, availability, or other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the site or related services is inaccurate at any time without prior notice (including after you have submitted your order).

We assume no obligation to update, modify, or clarify information in the Service or any related site, including but not limited to pricing information, unless required by law. No specified update or refresh date applied to the Service or any related site should be taken to indicate that all information on the Service or related sites has been modified or updated.

Use of Site Information for Decision-Making
The information presented on Cosmoflag is provided for general informational purposes only and should not be used as the sole basis for making significant decisions without consulting primary, more accurate, complete, or timely sources of information. Reliance on material on this site is at your own risk.

This site may contain certain historical data. Historical data, by nature, is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are not obligated to update any information. It is your responsibility to monitor changes to our site.

By using our service, you acknowledge that occasional inaccuracies or errors may occur, and we expressly disclaim liability for any errors or omissions in the content of this information.

6. User Accounts and Personal Information

Account Security and Confidentiality
When creating an account with Cosmoflag, you are required to provide accurate and up-to-date information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You accept responsibility for all activities that occur under your account or password. If you suspect unauthorized use of your account or access to your password, you must notify us immediately.

You agree not to disclose your password to third parties and to inform us promptly if your account security is compromised. Cosmoflag cannot and will not be held liable for any loss or damage resulting from your failure to secure your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Accuracy and Updates to Account Information
It is essential that the information associated with your account is accurate and kept up-to-date to ensure effective communication and account management. You are responsible for maintaining the accuracy of this information, including but not limited to your email address, name, shipping address, and payment information.

If your information changes, please notify us promptly so that we can update our records and continue providing uninterrupted services. Failure to maintain accurate and complete information may result in the inability to complete transactions or contact you if needed.

Cosmoflag uses reasonable measures to protect the security and confidentiality of your personal information. However, no system is entirely secure, and we cannot guarantee the absolute security of your information. We are committed to complying with all applicable regulations concerning the protection of personal data.

By using our site, you acknowledge and accept our data management practices as described in our Privacy Policy, which also governs your visit to Cosmoflag and is incorporated by reference into these Terms and Conditions of Sale and Use.


7. Optional Tools

Use of Third-Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of these tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms under which these tools are provided by the relevant third-party provider(s). We also encourage you to review the privacy policies of third parties providing these tools to understand how they collect, use, and share your information.

Disclaimer Regarding Tools Not Monitored by Cosmoflag
While we provide access to these tools, this does not imply that we endorse or have evaluated their effectiveness or safety. Questions regarding the use of third-party tools should be directed to the tool’s provider. We make no warranties and assume no responsibility for any damages or losses resulting from the use of these tools.

It is also important to note that these tools may be modified, updated, or removed at any time, and Cosmoflag may not be able to provide advance notice of such changes. Your continued use of the tools following such modifications constitutes your acceptance of the changes.

In the future, we may also offer new services and/or features through the site (including the release of new tools and resources). Such new features and services will also be subject to these Terms and Conditions of Sale and Use.


External Content and Hyperlinks
On our Cosmoflag site, you may encounter links to third-party websites that are not affiliated with us. These links are provided for your convenience only and do not imply our endorsement of the linked websites or the information you may obtain from them. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party websites or services.

Accessing and using linked third-party sites is at your own risk and subject to the terms and conditions of use of those sites. We encourage you to carefully read the terms and privacy policies of any third-party website you visit.

Cosmoflag Disclaimer for Third-Party Sites
We do not guarantee the accuracy, relevance, legality, or completeness of any content found on third-party sites. Additionally, we do not guarantee that these sites will be free from viruses or other harmful components. By using links to these third-party sites, you understand and agree that Cosmoflag is not responsible for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through such sites or resources.

Any issues encountered on a third-party site, including those involving transactions or defective products, must be addressed directly with the responsible third-party site, which is best equipped to resolve such issues. We are not responsible for the actions or inactions of these third-party sites.

We reserve the right, without obligation, to disable any unauthorized or illegal link and to terminate your use of any links to third-party sites if we determine that your activity is unreasonable, illegal, or harmful to our interests. By using our site, you acknowledge that Cosmoflag may exercise this right at its sole discretion.

9. Comments, Feedback, and Other Submissions

Management of Comments, Feedback, and Other Submissions
We actively encourage users to provide comments, suggestions, ideas, or other types of feedback regarding our site, products, or services. If you submit specific content upon our request (e.g., for a contest) or unsolicited creative ideas, suggestions, proposals, plans, or other materials (collectively referred to as “comments”), whether online, via email, by postal mail, or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments you send to us in any medium.

We are and shall not be under any obligation:

  • To maintain the confidentiality of comments;
  • To pay compensation for any comments;
  • To respond to any comments.

We may, but are not obligated to, monitor, edit, or remove content that we determine, at our sole discretion, is unlawful, offensive, threatening, defamatory, libelous, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

Rights to Use Comments Submitted to Cosmoflag
By submitting your comments, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments worldwide in any media. You also grant Cosmoflag and its sublicensees the right to use the name you submit in connection with such comments if we choose.

You represent and warrant that:

  • You own or control all rights to the comments you submit;
  • The comments are accurate;
  • Use of the comments you supply does not violate these Terms and Conditions and will not cause harm to any person or entity;
  • You will indemnify Cosmoflag for all claims resulting from comments you provide.

By providing comments, you agree to waive any rights you may have in the comments in law or equity.


10. Errors, Inaccuracies, and Omissions

Handling Typographical Errors and Information Updates
Information on our website or within the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have placed your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Procedures for Handling Errors in Products or Services
If you purchase a product that was not as presented due to a typographical error, inaccuracy, or omission, please contact us immediately for a correction or to arrange a return of the product under our standard return policy.

In the event of a pricing error, if the corrected price is lower, we will charge the lower amount and ship the product to you. If the corrected price is higher, we may, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We reserve the right to cancel any order affected by incorrect pricing.

We are committed to ensuring your satisfaction and maintaining the trust you place in us by acting transparently and responsibly in managing our site and any errors that may arise.


11. Prohibited Uses

Specific Prohibitions
By using our site, Cosmoflag, you agree not to use the site or its content for prohibited activities. These prohibitions include, but are not limited to:

  • Engaging in any unlawful or unauthorized activities under applicable laws.
  • Encouraging others to perform or participate in unlawful acts.
  • Violating any regional, international, federal, provincial, or state laws, rules, or regulations.
  • Infringing upon or violating our intellectual property rights or those of others.
  • Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • Submitting false or misleading information.
  • Uploading or transmitting viruses or malicious code that may affect the functionality or operation of the Service or any related website, independent websites, or the Internet.
  • Collecting or tracking personal information of others.
  • Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
  • Using the site for obscene or immoral purposes.
  • Interfering with or circumventing the security features of the Service, related websites, or the Internet.

Consequences of Violating Prohibited Uses
Failure to comply with these prohibitions may result in the immediate termination of your account and access to our site. Cosmoflag reserves the right to take any necessary actions in the event of violations, including legal action if required.

We also reserve the right to terminate access to the site for anyone who, at our sole discretion, violates our site’s terms and policies. This may include banning future access to the site and its services. If we determine that your behavior violates any of the listed prohibitions, we will act without notice to protect our interests and those of our users.

These actions aim to maintain a safe and respectful environment on Cosmoflag, ensuring a positive experience for all users. We encourage responsible behavior and adherence to these rules for the benefit of the entire online community.

12. Disclaimer of Warranties and Limitation of Liability

Clarification of Warranties for Site and Service Use
Cosmoflag provides its website and services “as is” and “as available” without any warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the website, its services, or any content offered will be uninterrupted, secure, or error-free.

We do not warrant the accuracy, reliability, or completeness of the information presented on our site, including information provided by third parties. Any reliance you place on such information is strictly at your own risk.

Limitation of Liability for Cosmoflag
Under no circumstances shall Cosmoflag, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the service;
  • Any conduct or content of any third party on the service;
  • Any content obtained from the service; and
  • Unauthorized access, use, or alteration of your transmissions or content.

This applies whether based on warranty, contract, tort (including negligence), or any other legal theory, regardless of whether we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose.

Certain jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Additional Legal Stipulations
You specifically acknowledge that Cosmoflag is not responsible for defamatory, offensive, or illegal conduct by third parties and that the risk of harm or damage from the foregoing rests entirely with you.

The service is controlled and operated from its facilities in the United States. Cosmoflag makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own risk and are fully responsible for compliance with local laws.


13. Indemnification

User Obligations in Case of Damages Caused by Their Actions
You agree to indemnify, defend, and hold harmless Cosmoflag, its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Mechanism for Indemnification
In the event of a claim against you, we will notify you at the email address you provided. You agree to cooperate fully with us in the defense of any claim. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree not to settle any such matter without our prior written consent.

Limits of Indemnification
This indemnification section outlines your responsibility for your use of our site and interactions with other users, including but not limited to submitting content that infringes third-party rights or applicable laws. This indemnity obligation will survive the termination of your use of our services or your Cosmoflag account.

General Provisions
This indemnification is in addition to and not a substitute for any other indemnification obligations outlined in agreements you may have with us. If you are required to indemnify Cosmoflag and if we or a third party retain attorneys to enforce this indemnification, you will also be responsible for paying the reasonable attorney fees.

By accepting these Terms and Conditions, you acknowledge your understanding of your obligation to indemnify Cosmoflag and agree to take all necessary steps to protect Cosmoflag from losses arising from your use of our site, your interactions with other users, or your breach of these terms.


14. Severability

Validity of Terms if a Clause is Found Unenforceable
If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of the remaining provisions.

Effect of Severability on Remaining Conditions
The severability of clauses ensures that the rest of the agreement remains intact and in effect, even if part of it is deemed invalid or void by a court. This means that even if one or more clauses are declared unenforceable, the remaining valid provisions will continue to govern our relationship with you.

Role of This Clause in Managing Disputes
This clause is crucial for handling situations where changes in law or judicial decisions could otherwise render the entire Terms and Conditions invalid. It allows our agreement to continue operating effectively and without interruption, even if certain terms face legal challenges.

Practical Application
If a court or other competent authority finds part of these terms invalid or unenforceable, both parties agree to negotiate in good faith to replace the invalid or unenforceable part with a valid and enforceable provision that most closely reflects the original intent of the clause. The rest of the Terms and Conditions will remain applicable as written.

By accepting these terms, you acknowledge and agree to the importance of this severability clause and its impact on your overall relationship with Cosmoflag.

15. Termination

Conditions Under Which Agreements May Be Terminated
Cosmoflag reserves the right to terminate your access to all or part of the service at any time, without prior notice, for any reason, including but not limited to a breach of these Terms and Conditions of Sale and Use. Termination may be carried out without providing a reason, although we will endeavor to provide a reasonable explanation for our decision to terminate your services.

Effects of Termination on Pre-existing Obligations
In the event of termination, you remain responsible for all payments due up to and including the date of termination. Additionally, we may deny you access to our services (or any part thereof). Any rights acquired over your user data or content posted on our site prior to the termination date will continue to be governed by these Terms and Conditions of Sale and Use.

User’s Right to Terminate
You have the right to terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our services or by ceasing to use our site. Notification must be provided in writing through the contact methods available on our website.

Consequences of Termination for the User
Upon termination, we will promptly delete all personal information you provided during your registration, except where retention is necessary for accounting purposes, dispute resolution, or compliance with our legal obligations. All licenses and usage rights granted to you will immediately terminate. You must cease all use of the site and its services and may not re-register a new account without our explicit permission.

Survival of Provisions
Provisions that by their nature should survive termination will remain in effect, including but not limited to ownership clauses, warranty disclaimers, indemnity, and limitations of liability.

This termination clause is essential to maintain order and the viability of our online platform while protecting the rights and safety of all users and Cosmoflag itself. By accepting these terms, you acknowledge your understanding of the termination conditions and their associated consequences.


16. Entire Agreement

Confirmation That These Terms Represent the Full Agreement Between the Parties
These Terms and Conditions of Sale and Use, along with any policies or operating rules we publish on this site or in relation to the service, constitute the entire agreement and understanding between you and Cosmoflag. They govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether electronic, oral, or written, between you and us (including, but not limited to, any earlier versions of the Terms and Conditions of Sale and Use).

Clarifications on Prior Versions of the Terms
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party. This means that if a term is found to be ambiguous, it will be interpreted to align with the original intent of Cosmoflag.

Impact of Future Modifications on the Agreement
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any modifications constitutes acceptance of those changes.

Non-Waiver Clause
No failure on our part to exercise or enforce any right or provision of these Terms and Conditions shall constitute a waiver of such right or provision unless explicitly acknowledged and agreed to by us in writing.

This section clarifies that these Terms and Conditions, along with any explicit agreements and posted rules, serve as the final and complete guide to the relationship between you and Cosmoflag, ensuring clarity and preventing confusion regarding the terms of our agreement and your use of the site.

17. Changes to Terms and Conditions

Mechanisms for Updating the Terms and Conditions
Cosmoflag reserves the right, at its sole discretion, to update, modify, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our website. It is your responsibility to regularly check our website for updates to stay informed about any changes. Modifications may include, but are not limited to, changes made to address legal, technological, or business developments.

User Responsibility to Regularly Review Changes
Your continued use of or access to our website or service following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes. If you disagree with the new terms, you must cease using the website and the services offered by Cosmoflag.

Notification of Changes
While we will strive to notify you of any significant changes to these terms, you acknowledge and agree that providing such notification may not always be feasible before the changes take effect. Updates will be prominently highlighted on our website, and when possible, communicated directly to users via the contact information provided in their accounts.

Impact of Changes on Existing Agreements
Any changes to these terms will take effect immediately upon their posting and will apply to all subsequent transactions and your continued use of Cosmoflag’s services. This includes, but is not limited to, interactions with our website, purchases, and participation in promotions.

Acceptance of Changes
By continuing to use our site and services after the effective date of these changes, you agree to comply with the revised terms. If you do not accept the new terms, you have the right to terminate your account and discontinue using the service.

This section ensures that you are fully informed about our process for updating terms and emphasizes your responsibility to remain aware of changes that may impact your use of our site and services.


18. Contact Information

Contact Details for Questions and Support
If you have any questions regarding these Terms and Conditions of Sale and Use or require support, please reach out to us using the following methods. We will strive to respond as promptly as possible:

  • Email: You can email us at info@cosmoflag.com with any questions, concerns, or comments you may have regarding our services or these terms.
  • Contact Form: Visit our website at www.cosmoflag.com and use the contact form available on our “Contact Us” page. Fill in the required fields and submit your query directly to our customer support team.
  • Phone: For immediate assistance, you can call us at the number provided on our website. Our business hours are from 9:00 AM to 5:00 PM local time, Monday through Friday.
  • Postal Address: For written correspondence, you may also send letters to the following address:
    2 rue des jardins de Cleopatre, Castelnau-le-Lez 34170, France
    Please note that responses via postal mail may take longer than other communication methods.

Responsibility of Cosmoflag to Respond
Cosmoflag is committed to providing high-quality customer service and responding to all inquiries in a timely and professional manner. However, response times may vary depending on the volume of communications received and the complexity of the request.

Use of Provided Information
The information you provide when communicating with Cosmoflag will be used in accordance with our Privacy Policy. We respect the confidentiality of your personal data and are committed to using it solely for processing your request and improving our services.

We appreciate your trust and look forward to assisting you with any questions or issues you may encounter. Your satisfaction is essential to us, and we continually strive to improve our support and services to better meet your needs.