Terms of Purchase

TERMS OF PURCHASE

Last Updated: February 1, 2024.

Thank you for enrolling in the Composing Career Bootcamp!

Please carefully review these Terms of Purchase. By purchasing the Composing Career Bootcamp, you are acknowledging and agreeing that you have been given reasonable access and opportunity to review these Terms of Purchase prior to your purchase. These Terms of Purchase are binding as of the date of purchase or access the Composing Career Bootcamp.

These Terms of Purchase are between you (hereinafter: the “Customer,” “You,” or “Your”) and Zach Heyde Music LLC, a Company in the state of California (hereinafter: the “Company,” “We,” “Us,” or “Our”). The purpose of this Agreement is to govern the purchase of the Composing Career Bootcamp (hereinafter: the “Program”), whether made through the Company’s website at https://www.zachheyde.com/, any related domains or subdomains, or in person (hereinafter: the “Website”). Collectively, the Company and the Customer are the “Parties” to this Agreement, and each individually a “Party”.

Understand that by clicking the payment button, entering your credit card and/or debit card information, making a payment via cash, PayPal, Stripe, or other means, or by enrolling, subscribing, or otherwise agreeing electronically, verbally, or through any other method via the Website, you are agreeing to adhere to and be bound by these Terms of Purchase, together with the Terms of Use, Disclaimer and our Privacy Policy, all of which are hereby incorporated by reference (hereinafter: the “Terms” or “Agreement“):

1. INTRODUCTION

The Company offers online courses and educational materials designed for individuals and business owners. The Company has developed the Program specifically to provide aspiring media composers with the essential non-music business skills needed to find work opportunities in the industry.

The Program is a 6-week program that includes live weekly sessions, pre-recorded videos, a private Program community, digital templates and/or other resources.

2. PROGRAM SPECIFICS

(a) The Program Includes –

Weekly live group sessions
Pre-recorded videos
Private Community access created exclusively for Program Customers
And may include written lesson recaps, digital templates and/or other resources to assist the Customer in better understanding the techniques and strategies discussed in the group.

(b) Program and Access –

Program Access: Customers will have access to the upcoming Cohort for the lifetime of the Program’s availability. Additionally, Customers will receive 12 months of access to the Community, starting from the Cohort’s commencement date. Customer access is activated upon the start date of the Cohort.
Bonuses and Add-Ons: Enrolling in the Program does not automatically grant access to all potential bonuses. Certain bonuses may be available as paid add-ons and are subject to separate terms and conditions.
Substitution of Services: The Company reserves the right to substitute services with those of equal or comparable value to the Program if deemed necessary due to prevailing circumstances, as exclusively determined by the Company.
This Program may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Program if reasonably required by the prevailing circumstances as determined by Company.

3. TERM

The Term of the Agreement shall be for at least as long as the Customer’s enrollment in the Program, with the exception of Sections 4, 5, 7 and 9 through 12, which shall survive the Term of this Agreement.

4. PAYMENT & FEES

Upon execution of this Agreement, Customer agrees to pay to the Company the full purchase amount for the Program (hereinafter: the “Fee”), regardless of what payment option Customer selects at checkout.

(a) Payment Plans –

Commitment to Payment Plan: If Customer selects a payment plan option, Customer agrees to pay all Fees pursuant to the payment schedule outlined at checkout and selected by the Customer. A partial payment of one installment of the payment plan shall be treated as a commitment to pay the entire Fee for the Program. By submitting a partial payment, Customer acknowledges that they are contractually bound to make all payments in the timeline outlined at checkout.

Authorization for Payment: The Customer authorizes the Company to charge the credit card or account provided at checkout for all payments under the selected payment plan. This authorization includes recurring charges as scheduled without the need for separate authorizations for each payment.

Consequences of Failed Payments: If any payment under the plan fails, the Customer must rectify the situation within fourteen (14) days by updating their payment information, providing a new credit card, or making all overdue payments. Failure to do so will result in the Customer losing access to the Program.

Termination for Non-Payment: Payments not received within thirty (30) days of their due date constitute a breach of these terms. Consequently, the Customer may be removed from the Program and potentially blacklisted from other programs associated with the Company. Despite loss of access, the Customer remains obligated to fulfill all outstanding payments under this Agreement.

Reinstatement Policy: If a Customer’s access is revoked, they may regain access to the Program only by re-enrolling, and this must be done at the full price of the Program as currently advertised. The decision to allow reinstatement is at the sole discretion of the Company. Customers who re-enroll after having their access revoked are not eligible for refunds or any previous promotional pricing.

Collection of Outstanding Payments: In the event of non-payment, the Company reserves the right to send the Customer to collections for any outstanding amounts owed under this Agreement. The Customer will be liable for any costs incurred by the Company in collecting these payments, including but not limited to legal and administrative fees.

(b) Payment Plans and Pay-In-Full –

If the Customer opts for a payment plan at the time of enrollment, it is important to note that this choice is final. The Customer will not have the option to switch to a pay-in-full method later to settle the remaining balance of the Program. Once selected, the payment plan must be adhered to as per the agreed schedule and terms.

The Customer shall not threaten or make any chargebacks to the Company’s account, cancel the credit card that is provided as security or issue an Unauthorized Transaction claim with a third-party such as PayPal without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Customer to Company for the Program, by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees.

In the event of a chargeback or payment cancellation, the Company reserves the right to report the incident to credit reporting agencies as a delinquent account.

In the event of a chargeback or payment cancellation, the Customer will be removed from the Program and blacklisted from future Programs by the Company.

Customer can be removed from the blacklist under the sole discretion of the Company.

5. REFUND POLICY

The Company wants you, the Customer, to be 100% satisfied with the Program, but we also want to ensure that the Customer has given the Program a fair shot and has used their best effort to apply the methods and strategies.

The Customer has twenty-one (21) days from the start date of the Program to request a complete refund. The refund request must be sent to [email protected]. After twenty-one (21) days from the start date of the Program, there are no refunds, and the Customer remains responsible for all payments due under this Agreement. Following cancellation and refund, you will lose access to all information, workshops, group communities and other Program content.

All refunds are subject to the discretion of the Company.

(a) Foreign Fees and Taxes –

Company will not be held accountable or liable to pay any foreign fees or additional fees that are outside Company’s control, including but not limited to foreign transaction fees charged by Customer’s bank, exchange rates, and VAT or local taxes.

6. TERMINATION

(a) Customer Termination: Customer dissatisfaction with Company and/or Program mentor’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Customer. Even if Customer does not complete all portions of the Program, Customer is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing this Agreement.

(b) Company Termination: Company is committed to providing quality service to all Customers. However, from time to time, situations arise that require the Company to terminate the Agreement before the Term ends. As such, Company reserves the right to terminate the Agreement for cause at any time during the Agreement, which includes, but is not limited to: 1) Customer fails to follow Program guidelines; 2) Customer is abusive or harasses Company or other Customers of the Program; 3) Customer proves to be difficult to work with; 4) for any other legitimate business purposes in the best interest of the Company. If any of the above causes triggered the termination of the Agreement by the Company, the Customer is still liable to pay the entire Fee of the Program.

7. DISCLAIMERS

(a) The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Customer’s business.

(b) Customer understands that the Program is created to help Customer learn new skills and assist Customer with finding their own direction. The Program may offer guidance regarding business or life decisions, but it is the responsibility of the Customer to make the final decision and choose the best option for themselves. Customer understands that the Program has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of traditional business practices. Through the Program, the Company might provide guidance regarding business or life decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision.

Customer hereby acknowledges that Customer is solely responsible for the amount and type of income that Customer generates by implementing techniques and advice provided by Program. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide Customer with a lucrative business. Customer also agrees that they are solely responsible for any decision Customer makes and indemnifies the Company from any liability regarding said decision.  By using Company’s services and purchasing this Program, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program.

Customer agrees that use of this Program is at Customer’s own risk.

(c) Customer hereby acknowledges that business and mindset coaching are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. Company may use its personal judgment to provide the Program services to the Customer, even if these methods do not follow strict adherence to Customer’s suggestions.

(d) This Program may include access to third-party content, provided as a courtesy. Company is not responsible or liable for any third-party content inside the Program.

(e) This Program does not include: 1) procuring business or potential Customers for Customer; 2) performing any business management services for Customer, such as accounting, operations, research, or development; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 4) publicity, public relations and/or social media marketing services; 5) legal or financial advice; 6) introduction to Company’s professional network and business relationships; 7) 1:1 coaching or individual coaching; 8) unlimited feedback.

(f) Communication With Other Members –

The Company shall not be held liable, either directly or indirectly, for any communications or interactions that the Customer engages in with other students within the Program, third-parties that may or may not be part of the Program or with individuals in third-party channels that are connected to or arise out of the Program. For instance, as part of the Program, the Company may encourage students to broaden their marketing message by collaborating with other third-parties. These are mere suggestions, and it is important to note that creating relationships and communicating with third-parties is the sole responsibility and at the sole discretion of the Customer. Company is not liable for the actions of those third-parties, nor is Company to be held responsible for any communications, conflicts, or damages that occur through Customer’s communication and/or collaboration with a third-party. While the Company will take reasonable measures to ensure there is no injurious communications inside the Program, it is the responsibility of all Customers to act with their own volition and discretion when communicating with others.

(g) Media Release For Live Sessions –

Customer acknowledges that all live sessions of the Program are recorded. The Customer hereby grants the Company an irrevocable, perpetual, and royalty-free right to use their name, image, and likeness in connection with the recorded live sessions. This right includes, but is not limited to, the use of such recordings for educational, promotional, and commercial purposes, including publication on external platforms such as Youtube and the Company’s website.

Customer hereby agrees that they shall not have the right to request, demand, or otherwise insist upon the Company to remove, edit, unpublish, or otherwise alter the content of the live session recordings once they are released and published on the Program portal or any external platform. All such recordings are subject to the sole discretion of the Company in terms of content, editing, and publication. Any requests by the Customer to edit, remove, or alter live sessions recordings will be considered but are not guaranteed and remain at the sole discretion of the Company.

This release is binding and continues in perpetuity, allowing the Company unrestricted use of the recorded live sessions as described herein.

8. CUSTOMER’S RESPONSIBILITIES

(a) Program Limitation And Customer Accountability –

The Program is designed solely for educational purposes. The Company has established its proprietary Program in order to educate and inspire Customer to pursue their personal and business goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program. Customer accepts and agrees that Customer is 100% responsible for their results from the Program. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain their goals by simply enrolling in the Program or utilizing the tools, resources, or advice provided therein.

Nevertheless, Customer acknowledges that they can optimize their potential results from the Program by adhering to the following:

Thoughtful and meaningful participation in the weekly live sessions.
Applying feedback received within the Program.
Engage with the Program’s private community.
Completion of all Program material, including assignments and worksheets if applicable.
Committing to the Program.
Taking 100% responsibility for Customer’s results, 100% of the time.

(b) Community Guidelines –

By participating in the Program and executing this Agreement, Customer hereby agrees to abide by all Company Program Community Guidelines, which are as follows:

Treat others online as you would treat them in real life.
Communicate with courtesy and respect.
Do not use defamatory remarks or make false statements against others.
Do not post prejudiced comments or profanity.
Refrain from bullying, harassment, hate speech, spam, solicitation, etc.

Company employs a Zero Tolerance policy inside the Program as it pertains to harassment of Company representatives and/or other Customers inside the Program.

“Harassment” shall include, but is not limited to, abusive language (i.e., excessive cursing, threatening language, name-calling), volume of messages (i.e., demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (i.e., with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more.

If Customer or any other student harasses a Company member or other Customers or student inside the Program, Company will give one (1) warning to Customer or the student to modify their behavior. A second incident will result in immediate removal from the Program without a refund. Decisions regarding harassment are at the Company’s discretion, based on evidence such as writings, emails, and screenshots.

(d) Disputes & Customer Support –

For any issues related to the Program, whether technical, substantive, or otherwise, Customers are to address them through designated private channels to avoid disrupting the community platform. All questions or concerns should be directed to [email protected].

9. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT

(a) Confidential Information & Non-Disclosure –

The Company regards the information provided in its Programs as proprietary and confidential. As such, Customer agrees and acknowledges all Confidential Information shared through this Program and by the Company is confidential, proprietary, and belongs exclusively to the Company.

“Confidential Information” includes, but is not limited to:

Any systems, sequences, processes or steps shared with Customer;
Any information disclosed in association with this Agreement;
Any systems, sequences, processes, or trade secrets in connection with the Program or Company’s business practices.

The Customer agrees not to disclose, share, or use this Confidential Information outside the scope of the Program without express written permission from the Company. Breach of this confidentiality obligation may result in legal action and termination from the Program.

(b) Group Container –

Participants in the Program, as well as in any related third-party channels associated with the Program, may from time to time share sensitive, personal, or confidential information within these group settings. By participating in the Program and these related channels, all Customers acknowledge and understand the private nature of such disclosures. Accordingly, each Customer commits to maintaining the confidentiality of all information shared by fellow participants, both within the Program and in any associated third-party channels. This commitment to uphold confidentiality is crucial for fostering a safe, respectful, and trusting environment across all platforms connected to the Program.

Use of Customer Success Stories: While the Company is committed to protecting the Customer’s personally identifiable information, it may occasionally use general statements about the Customer’s success as testimonials in its marketing efforts. By agreeing to these Terms, the Customer consents to the Company using their success stories in various media at the Company’s discretion.

Submission of Testimonials: The Company may request testimonials about the Program from the Customer in various formats, including video, audio, or written statements. By submitting a testimonial, the Customer agrees that the Company may use their name, voice, image, and any provided biographical or descriptive materials in connection with the testimonial. This may include edits or alterations to the testimonial, provided that the overall meaning is not significantly altered. Both parties shall implement their best effort to protect Confidential Information from disclosure, misuses, misappropriation, loss, and theft.

No Obligation to Use Testimonials: Submission of a testimonial does not guarantee its use. The Company reserves the sole discretion to decide whether or not to use any submitted testimonials.

Consideration and Release: The Customer acknowledges that they will not receive financial or any other compensation for their testimonial, aside from any potential goodwill and publicity associated with its use. The Customer also agrees to indemnify and hold harmless the Company, its officers, directors, agents, and employees from any claims or liabilities arising from the use of their testimonial, including but not limited to claims related to privacy, appropriation of name or likeness, defamation or right of personality or publicity.

Non-Disparagement: In providing a testimonial, the Customer agrees not to make any claims against the Company regarding its use of the testimonial.

(d) Non-Disparagement –

The Customer agrees to abstain from making any statements, either verbally or in writing, that could negatively affect or harm the reputation, business practices, services, or programs of the Company, both during their participation in the Program and following its completion. This includes avoiding comments that could be construed as damaging to the Company's public image or business interests.

10. INTELLECTUAL PROPERTY & LIMITED LICENSE

(a) Intellectual Property –

This Program and the related content shall be considered intellectual property owned by Company. The content and components of this Program, including but not limited to trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, images, podcast recordings, workbooks, videos, audio files, and all other materials provided in our Programs, are the exclusive intellectual property of the Company (collectively referred to as “Intellectual Property”).

(b) Limited License –

The Company grants the Customer a limited, personal, non-exclusive, and non-transferable license to use the Intellectual Property solely for the Customer’s personal use and internal business purposes. This Agreement does not transfer ownership or grant any rights to the Company’s Intellectual Property beyond those explicitly stated herein. The Customer acknowledges that their access to the Program is intended for their individual use only.

Restrictions on Use: The Customer is prohibited from copying, reproducing, transmitting, modifying, creating derivative works, altering, selling, or distributing any part of the Program or its content without prior written consent from the Company. This includes unauthorized sharing of the Program or any of its components with non-enrolled individuals.

Protection of Intellectual Property: Any unauthorized use of the Company’s Intellectual Property, including any attempt to replicate, redistribute, or resell the Program or its parts, constitutes a violation of this Agreement and may result in legal action and termination of the Customer’s access to the Program.

Additional Restrictions for Business Owners/Professionals: If Customer is also a business owner or professional in a similar industry, they are specifically prohibited from:

Teaching or sharing any Company information, methods, solutions, or formulae with their own customers/audience as if it were their own creation.
Using any of the Program's content or material for their commercial purposes.
Replicating, publishing, transmitting, transferring, selling, creating derivative works from, or exploiting any of the Company's Intellectual Property without written consent.

Company’s Right to Terminate for Suspicion of Infringement: If the Company suspects that the Customer has breached any of the Intellectual Property restrictions outlined in this Agreement, it reserves the right to terminate the Customer’s access to the Program at any time.

The definition of suspicion includes but is not limited to: identification of Customers content that is based off of Company’s proprietary framework; identification of Customer content that is almost identical and/or confusingly similar to Company’s content; Receipt of third-party notices indicating potential similarities or infringements between the Customer's and the Company's content.

Initial Action: In the event that the Company receives information from a third-party that a Customer has misappropriated or used any of the intellectual property belonging to the Company, the Company reserves the right to: immediately remove Customers access to the Program and any other programs created by the Company and investigate Customers usage of the Intellectual Property.

Consequences of Confirmed Infringement: If it is found that the Customer violates any restrictions regarding Company’s Intellectual Property, the Customers limited license will automatically be revoked and terminated, the Customer will be blacklisted from any future programs or content belonging to Company, and the Customer must destroy any downloaded materials in Customer’s possession whether in electronic or printed format.

Legal and Financial Repercussions: If it is found that the Customer violates any restrictions regarding Company’s Intellectual Property, the Company will seek all legal and equitable remedies against the Customer. The Customer will be required to cover all fees necessary to enforce these rights including but not limited to legal fees, administrative costs and funds spent on investigation.

In other words, if there is a breach of Intellectual Property, the Customer will be required to cover all fees necessary to enforce these rights.

11. INDEMNIFICATION / LIMITATION OF LIABILITY

Liability for Customer's Decisions and Actions: The Customer acknowledges that the Company shall not be held liable for any consequences resulting from the Customer’s actions, omissions, or decisions influenced by their participation in the Program. This includes, but is not limited to, decisions such as leaving a job, investing in opportunities, starting a business, and any other business or financial decisions made by the Customer. The Customer agrees to indemnify and hold harmless the Company from any claims or liabilities that may arise following their use of the Program.

Liability for Program Content and Accessibility: The Customer acknowledges that the Company shall not be liable for any damages, including but not limited to those resulting from the loss of data or profit, or due to business interruption. This encompasses any issues arising from both the use of, and the inability to use, the materials or content of the Program. This limitation of liability holds even if the Company has been previously informed, whether orally or in writing, about the possibility of such damages.

Accessibility Through Third-Party Platforms: Access to the Program is facilitated through third-party platforms such as Kajabi LLC (“Kajabi”), Notion Labs Inc. (“Notion”), Zoom Video Communications, Inc. (“Zoom”), Zapier Inc. (“Zapier”), and Typeform SL (“Typeform”) or other similar platforms. The Company is not responsible for any limitations in accessing the Program that are attributable to these third-party platforms or any other third-party services used in delivering the Program. This includes any issues arising from the use of services like Kajabi, Notion, Zoom, Zapier, Typeform, or other similar platforms. The Customer acknowledges that the Company’s liability does not extend to problems caused by these third-party platforms.

12. GENERAL

A. Entire Agreement –

This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

B. Headings & Severability –

Headings are included for convenience purposes only and shall not affect the construction of this Agreement.

If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

All rights not expressly granted in this Agreement are reserved by the Company.

D. Governing Law –

Company is located in the United States and is subject to the applicable laws governing the United States of America. The governing law for this Agreement is the laws of California. In any dispute litigation related to this Agreement, the substantially prevailing party is entitled to recover reasonable legal fees and costs, including expert costs, subject to applicable law.

E. Arbitration –

If any dispute arises out of or related to a claimed breach of this Agreement or any other disagreement of any nature, type, or description regardless of the facts of the legal theories which may be involved, such dispute shall be resolved by binding arbitration by a single arbitrator in the State of California. If the Company is deemed the successful party to the dispute, the Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the Company may be entitled.

In the event of a dispute, you agree not to engage in any conduct or communications, public or private, including on social media, that disparage our Company, our Programs, Products and Services, or Program Materials. This does not prevent you from sharing your thoughts and opinions as part of the legal process where required by law or arbitration.

G. Jury and Class Action Waiver –

YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.

H. Transfer and Assignment –

You are not permitted to transfer or assign any of your rights under these Terms to a third party without obtaining express written consent from the Company first.

I. Injunctive Relief –

Your breach of this Agreement is likely to cause immediate and/or irreparable harm to the Company. As such, we may seek injunctive relief against you without the need to post bond or similar security.

J. Time Limitation –

Any Dispute(s) must be filed within one (1) year after purchase and you waive any statute of limitations to the contrary.

K. Waiver –

The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.

L. Maximum Damages –

You acknowledge that the maximum damages you are entitled to in any claim arising from this Agreement or your participation in the Program will not exceed the total cost you paid for the Program.

M. Age Limitations –

By making a payment or enrolling through the Website, you confirm that you meet all legal age requirements in your jurisdiction necessary to use this Website and/or purchase any Products. This is an acknowledgment of your capacity to fulfill all obligations under these Terms.

N. Modification and Changes –

We reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms indicates your acceptance and agreement to the changes.

O. Execution –

By checking the checkbox on the Program checkout page, clicking the payment button, entering your credit card and/or debit card information, making a payment via cash, PayPal, Stripe, or other means, or by enrolling, subscribing, or otherwise agreeing electronically, verbally, or through any other method via the Website, you agree to accept and be bound by the terms of this Agreement in its entirety.