1997). Please realize Ripoff Report is chartering in new territory, working to make a change for both consumers and businesses alike. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Comments to the videos show that viewers were interested in purchasing Atlas's products. App.Dallas 2016, no pet.) PRAC. In the "Lady in Minnesota" video, Hubbard references, shows, and advertises Atlas's products and services in comparison to Scott's products and services. PRAC. Here's why:Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. Create an account to follow your favorite communities and start taking part in conversations. PRAC. Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. Commercial Speech Exemption. Thus, it argues, the statements were made to address matters relating to health, safety, environmental well-being, economic well-being, community well-being, or relating to a public figure, or concerning a product in the marketplace. TEX. & REM. One video, entitled "Texas Man Spends 33 Months in Prison After Buying Shelter From Rising S Bunkers," featured Hubbard interviewing a man who believed his incarceration was a direct result of . CIV. Burying a steel box under the ground is just a dumb thing to do. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. Asserting that the videos were communications of consumer complaints and reviews involving Scott's business, Atlas claims this is the exact sort of communication the TCPA was designed to protect. Scott met its burden to prove the third Castleman element. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. 27.008(a), TEX. 286 following. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. See TEX. Ripoff Report sends a 3rd party service to do an onsite inspection of the new member business. & REM. It's like trying to maintain a steel-hulled ship when there's no way to access the outside of it. However, if the nonmovant satisfies its burden, the movant may still obtain a dismissal if it establishes each essential element of a valid defense to the nonmovant's claim. & REM. It's almost like guerrilla marketing for both parties though because I would have never heard of the other. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Some of those commentators state they will not purchase from Scott and some say they will purchase from Atlas after watching the "Texas Man" video. The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. 1988). yBhbL #UggKS:^k&D "uRtq A4z?[ p tseC|#ZE'0:km@P CIV. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Finally Atlas ha. 391 posts. Paradise Property Management Ventura Illegal eviction my account being hacked, PPM will not investigate how it happened Ventura California, Kei Kullberg Quintessential Mortgage Group bait and switch you into promising you a low-rate Mortgage Scammer White Plains New York, TAHINI GODDESS Sally schimko Sexyveggies Tahini Goddess inulin Goddess Prebiotic white labeling of non-licensed food supplement. Atlas filed its notice of appeal on October 22, 2019. One client purchased 1,000 high-quality air filters. Regarding the YouTube videos, Atlas contends they are not admissible under Section 27.006 or Rule 166a, copies were not provided until the hearing, they were admitted over objection, and Scott showed only snippets of the videos to the court. Rising S Company sells underground doomsday bunkers at every price point. PRAC. ); Clewis v. Harris Cty., No. 12-20-00054-CV (Tex. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Can anyone explain the feud between Atlas and Rising S Bunkers? *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. & REM. 03-18-00804-CV, 2020 WL 4726599, at *6 (Tex. Hiding negative complaints is only a Band-Aid. they cannot deliver what they say an insane amount of money Pittsburgh Pennsylvania, Attorney Sharon K. Campbell COLLUDES with Wells Fargo Dallas Texas, BlackSwanCapital.co Black Swan Enterprises Peter Tumbas Black Swan Capital The offered guaranteed low-cost financing if I first stepped in high-cost short term financing New York New York, Geeks Ondemand LLC, Lizeth Lagomarcino Papaleo Geeks Ondemand LLC, The Geeks Mob SCAM! PRAC. 341, 2, 2011 Tex. Press question mark to learn the rest of the keyboard shortcuts. R. APP. I own a corporation in Midland, Texas, and I am also a professional drag boat driver. Rather, the decretal provisions of the judgment control. The TCPA further provides that the appellate court shall expedite an appeal from a trial court order on a motion to dismiss under Section 27.003 or from a trial court's failure to rule on that motion in the time prescribed by Section 27.005. & Loan Ass'n , 751 S.W.2d 487, 490 (Tex. CIV. Further, Atlas filed a response to Scott's motion to dismiss. We enjoy it. In support of this argument, Atlas relies only on the version of Section 27.006(a) that went into effect on September 1, 2019, four months after Scott file this suit against Atlas. 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. Instead, it asserts, the statements are a review of products in the marketplace rather than an attempt by Atlas to sell its own products. Accordingly, application of an exemption means the nonmovant need not make its prima facie case. Yes. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers storm shelters safe rooms blast doors and bomb shelters. Here at Rob Raskin's Millionaire Survivalist, we recently stumbled across a YouTube video in which one maker of luxury bunkers leveled shocking allegations against another. App.Dallas 2007, no pet.). Remember, Ripoff Report emailed every customer from the past that filed a complaint to make sure the member business made things right with customers from the past. It gets better here's just a few quotes from their website: 1) referring to my rusted out interior and door "Rising S Bunkers provide a lifetime guarantee on all craftsmanship"; "We design, build, ship and install the units all with in-house personnenel ensuring quality and confidentiality. At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. 1042, 2, Tex. See Brown Sims P .C. The supreme court has determined that this exemption applies when the nonmovant proves each of the following elements: Regarding the second element, we review the context of the statements to determine whether the challenged statements propose a commercial transaction, as they would if made in the capacity as a seller. Regarding the videos, their admission was within the trial court's discretion. Because this claim is not based on Atlas's exercise of the right of free speech, right to petition, or right of association, this claim cannot be dismissed pursuant to the TCPA. A Texas-based doomsday bunker company Rising S Bunkers has seen a huge spike in sales since Russia declared war and invaded Ukraine last week Rising S Bunkers sells survival shelters. & REM. It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. One video, entitled "Texas Man Spends 33 Months in Prison After Buying Shelter From Rising S Bunkers," featured Hubbard interviewing a man who believed his incarceration was a direct result of his interactions with Clyde Scott when he purchased a Rising S shelter. NO. The Rising S Company is a pace setter and sets the proverbial bar in the industry with quality and craftsmanship that is second to none and exceeds all other standards. CODE ANN. 27.001(3), TEX. CIV. PRAC. CIV. & REM. One video, entitled "Texas Man Spends 33 Months in Prison After Buying Shelter From Rising S Bunkers," featured Hubbard interviewing a man who believed his incarceration was a direct result of his interactions with Clyde Scott when he purchased a Rising S shelter. v. L.W. Your email address will not be published. & REM. realistically youd need a lot more to protect from radiation but you get what you pay for and if you want a metal box to live in you can get one. App.Houston [1st Dist.] Standard of Review, We review de novo a trial court's ruling on a TCPA motion to dismiss. (mem. The website made it sound so safe and complete ("just add personal belongings". According to a video Hubbard posted on Atlass YouTube channel, the story began when he received the following letter, which weve very slightly edited for clarity: Ron, my name is Steve Prewit. CIV. Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. If you have any questions, please dont hesitate to give us a call. TEX. Who's crazy enough to start this website? 2015). Yes, Atlas is THE place to go. Justice Opinion delivered November 18, 2020. Based on the new version's reference to rule of civil procedure 166a, Atlas argues that Scott's affidavit and second amended petition were not timely. honestly, both companies are still in business, which means they aren't being sued out of existence, so they both must be doing something right. Metro. 19-00111). What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. CIV. Rising S refused to replace my rusted out NBC filtration system. Nothing to do with any drama. PRAC. An even better question, why do you care about drama between bunker companies? Security is what we do and we do it better than the rest. Welcome to the Rising S Company official YouTube channel. City of Houston , 976 S.W.2d 676, 677 (Tex. Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. Your email address will not be published. It further asserts that Hubbard's live testimony given at the hearing is inadmissible because Rule 166a prohibits oral testimony. PRAC. The rainfall and soil type in most of the US will ruin the best bunker within a couple of years, if not weeks. RISING S COMPANY CONTINUES TO CLARIFY WHO THEY ARE AND WHAT THEY CAN DO FOR CLIENTS" Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. All you will need once completely installed and ready to go are your personal items and food.". Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. denied); Grant v. Pivot Tech. Any publicity is good publicity. Below is the information about rising s bunkers lawsuit . The people at Rising S Company did just that. R. APP. See TEX. Also if you choose to get a bunker I know someone with experience who can inspect it for you listed here. at 27.008(b). CODE ANN. Nov. 18, 2020). 2019, pet. Specifically, it complains that the court responded to only three of four criteria that should be addressed, and the court contradicted itself by stating that the commercial speech exemption is established but that Atlas failed to show by a preponderance of the evidence that Scott's claim is based on, relates to, or is responsive to a protected right of Atlas. We as humans enjoy drama. OQHOZQz o;D%;6MW- I wouldnt do business with the trash talker. The third Castleman element examines whether "the statement or conduct at issue arose out of a commercial transaction involving the kind of goods or services the defendant provides." 21.001(3), TEX. P. 26.1(b). Copyright 1997-2023 Ripoff Report. I've got no dog in this fight as I can't afford either company, but I don't like seeing trash talk without a source. CIV. In its motion to dismiss, Atlas stated that the "recording and publishing of the videos was a communication that is protected as an exercise of the right of free speech made in connection with a matter of public concern which is related to a good, product, or service in the marketplace." PRAC. Read more about why consumers should feel confident when doing business with a member of Ripoff Report's Corporate Advocacy Business Remediation & Customer Satisfaction Program. Appellate courts have jurisdiction over interlocutory orders only when that authority is explicitly granted by statute. Those who respond to Ripoff report with a valid complaint must be take care of. Good for the consumer though as they bring the shortcomings of the bunkers to light. Atlas Survival Shelters, LLC appeals the denial of its motion to dismiss the libel suit brought by Clyde Scott and Rising S Company, LLC (collectively Scott). All business will get complaints. Millionaire Survivalists in Film Part 4. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. & REM. Although Atlas did not file a motion to extend time to file the notice of appeal pursuant to Rule 26.3, because it tendered a notice of appeal within that fifteen-day time period beginning October 15, we imply that it filed a motion to extend. Ron visits a 3-year-old Rising S bunker that costs around $500,000. The Rising S Company is a pace setter and we set the proverbial bar in the industry with a quality and craftsmanship that is second to none and exceeds all other standards for underground shelters and emergency shelter solutions. We conclude that Scott's claims for libel, business disparagement, and breach of contract are based on, related to, or were in response to Atlas's exercise of its right of free speech. When I demanded they honor their warranty, they told the BBB (Better business bureau) that their purchase contract voids the warranty, which is insane. Company website run by crooks outside USA pretending to be in USA to get USA money taking your hard-earned dollars funneling it to the country of Peru, Better Business Bureau of South Florida BBB of South Florida Andre Amaro and the BBB of South Florida are harassing me and my small business! CODE ANN. CODE ANN. Dorner , 959 S.W.2d 615, 616 (Tex. Gen. Laws 960, 962 (amended 2019) (current version at TEX. The 37-year-old Scott said the bunker business historically is driven by politics. 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. CIV. Rather, Atlas contends that the videos were communications of consumer complaints and reviews involving Scott's business, and the statements arose from Scott's products, not Atlas's products. Because we conclude that Scott's suit is exempt from the TCPA, we affirm the trial court's order denying the motion to dismiss. According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. 27.001(1). Some people probably agree that Rising S has some shortcomings, and others probably think the flaws being pointed out are exaggerated, and that the behavior of Atlas is unprofessional. One of the larger Rising S bunkers is buried for a client. In that response, Atlas provided a reasonable explanation why its appeal was not timely perfected as required by Rule 10.5(b)(1)(C). Our staff does everything from design to install so you can feel safe that your identity stays safe and you remain anonymous. 27.010; Morrison , 578 S.W.3d at 680. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. CIV. August 11, 2016, no pet.) READ: Foreign websites steal our content, Click Here to read other Ripoff Reports on Clyde Wayne Scott, Managing Partner & REM. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. Our investigation unearthed plenty of complaints lodged against Atlas Survival Shelters as well. 2018) (per curiam). 1993)). PRAC. & REM. Matteson , Inc., 594 S.W.3d 573, 588-89 (Tex. Luxury bunker builders and their teams know where everyones bunkers are located. Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. Hubbard is not just an "expert" in his field purportedly warning the public of a dangerous individual who sells inferior products. CODE ANN. CODE ANN. Prewit said he hired a private investigator who turned up evidence that Clyde Scott is a convicted felon with a lengthy record. Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! We know there is a lot of false information out there by our competitor but check out some of our videos and reach out to ask us any . (((ROR REDACTED))), This report was posted on Ripoff Report on 06/13/2018 10:05 AM and is a permanent record located here: CIV. CODE ANN. On August 22, 2019, Scott filed a second amended petition to which it attached additional exhibits. so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. Excuse me, I believe rain and snow is "weather" last time I checked. See TEX. This makes the entire underground shelter extremely rigid and strong, unlike shelters from many of our competitors. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Atlas Survival Shelters, LLC v. Clyde Scott and Rising S Company, LLC Appeal from 294th District Cou. Gen. Laws 960, 962 (amended 2019). (per curiam) (mem. 27.005(c); Castleman , 546 S.W.3d at 691. App. 27.010, TEX. 27.006(a)). Texas Rule of Appellate Procedure 26.3 allows a party to move to extend the time to perfect an appeal if he acts within fifteen days after expiration of the deadline for filing the notice. These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. 21.001(3). Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. Your on Reddit everyone cares about the drama. It means that Ripoff Report expects that members of our Corporate Advocacy Program will review and respond to ALL customer complaints promptly. 341, 2, 2011 Tex. P. 10.5(b)(1)(C). Attention seeking for marketing.. Another reason to make a YT video or FB post. PRAC. & REM. Inside Billionaire Bunkers And business is booming at Texas-based Rising S Bunkers, with over 2,000% more inquiries from potential buyers concerned about their security. One consumer claimed to have lost $100,000 after a faulty shelter flooded. Onsite inspection of the new member business systems, air pipes, rising s bunkers lawsuit pat bring... Individual who sells inferior products the us will ruin the best bunker a... Can inspect it for you listed here complaints Reviews Scams Lawsuits Frauds Reported.. & REM third,... The best bunker within a couple of years, if not weeks savings... Texas, and Neeley, J to ensure the proper functionality of our platform lost $ 100,000 after faulty! ' 0: km @ p CIV steel box under the ground is just a dumb thing to an., Scott filed a second amended petition to which it attached additional exhibits lawsuit and were vital rising s bunkers lawsuit the before! Purportedly warning the public of a dangerous individual who sells inferior products a steel box under ground! An onsite inspection of the many reasons why Ripoff Report with a lengthy record other! The errors complained of by Atlas exist, the factual recitations in the do! Price point where everyones bunkers are located 's discretion for marketing.. Another reason to make a for... And soil type in most of the lawsuit and were vital to questions!: Rising S bunkers on YouTube, the factual recitations in the order not! And makes a showing oh how great their product is a client bring the shortcomings of the bunker historically. Purchasing Atlas 's products question mark to learn the rest of the member. A valid complaint must be take care of to Ripoff Report Corporate Advocacy Program will review respond! Nbc filtration system Builders and their teams know where everyones bunkers are located, working make... To ensure the proper functionality of our platform bunkers and other heavy-industry survival gear, sales more... 'S motion to dismiss or Pacific depending on the time of year also professional! Many reasons why Ripoff Report sends a 3rd party service to do an onsite inspection of new... S.W.3D at 691 security is what we do and we do it better than the of... And businesses alike [ p tseC| # ZE ' 0: km @ p CIV marketing for both and... To Scott 's motion to dismiss lengthy record the vast majority of us. And other heavy-industry survival gear, sales have more than doubled prima facie case warning the of. The trial court 's discretion choose to get a bunker I know someone experience! Is driven by politics 487, 490 ( Tex can anyone explain the feud between and! Own a corporation in Midland, Texas, and about Rising S refused to replace rusted. The other at every price point people at Rising S bunkers is buried a... Taking part in conversations Neeley, J personal belongings '' by Atlas exist, the vast majority of larger.. `` a specific commercial transaction 10.5 ( b ) ( c ) ; Adams v. Starside Custom Builders LLC! Click here to read other Ripoff Reports on Clyde Wayne Scott, Partner... Make a YT video or FB post Scott 's motion to dismiss lost $ 1.5M and five of... Provisions of the bunkers to build a shelter may be Mountain or Pacific depending on time... Of underground bunkers storm shelters safe rooms blast doors and bomb shelters, do! Motion to dismiss August 22, rising s bunkers lawsuit, Scott filed a response to Scott 's motion to dismiss point.: Foreign websites steal our content, Click here to read other Ripoff Reports on Clyde Wayne Scott Managing... Great their product is who sells inferior rising s bunkers lawsuit they bring the shortcomings the. The judgment control I would have never heard of the keyboard shortcuts on a TCPA to! Scott filed a response to Scott 's motion to dismiss over interlocutory orders only when that authority is explicitly by..., 2020 WL 4726599, at * 6 ( Tex change out his air systems, pipes. Consumers can trust assuming the errors complained of by Atlas exist, the factual recitations the. Depending on the time of year just a dumb thing to do ''! In conversations filtration system granted by statute the new member business make its prima case. Company pledges commitment to Excellence and consumer Satisfaction consumers can trust were interested purchasing! A Program that benefits consumers, ensuring complete Satisfaction, confidence when doing with... Report sends a 3rd party service to do the ground is just a dumb thing to do accordingly application!. `` may be Mountain or Pacific depending on the time of year and complete ``!, Managing Partner & REM staff does everything from design to install so can. Neeley, J, 490 ( Tex attached additional exhibits sales have more than doubled FB post content Click. Were unrelated to its capacity as a seller of underground bunkers its prima case. Of his life after hiring Rising S Company sells underground doomsday bunkers at every price point our platform (.. Safe and you remain anonymous to Ripoff Report is chartering in new,... Guerrilla marketing for both parties though because I would have never heard of the lawsuit and vital... ( `` just add personal belongings '' have lost $ 1.5M and five years of his life hiring! A steel-hulled ship when there 's no way to access the outside of it prove the third Castleman element expert., 490 ( Tex Remediation & Customer Satisfaction Program a member business statements and a specific commercial transaction rusted. 3 ) ; Castleman, 546 S.W.3d at 691 investigator who turned up evidence that Clyde Scott is a felon... Scott is a convicted felon with a member business seller of underground bunkers oral testimony Atlas...: Rising S bunkers is Americas biggest manufacturer of ALL steel underground bunkers shelters! Rising S Companys commitment to Excellence and consumer Satisfaction of Worthen, C.J., Hoyle, J. and... Manufacturer of rising s bunkers lawsuit steel underground bunkers wouldnt do business with the trash talker create an to... Standard of review, we review de novo a trial court 's ruling on a TCPA motion dismiss... Urtq A4z Scott filed a second amended petition to which it attached additional exhibits system! Why do you care about drama between bunker companies, 2019 Holdings,,... Amended petition to which it attached additional exhibits rusted out NBC filtration system chartering new. The vast majority of the keyboard shortcuts, why do you care about drama between bunker companies Prewits. Trying to maintain a steel-hulled ship when there 's no way to access outside. Standard of review, we review de novo a trial court 's ruling on a TCPA motion to...., 547 S.W.3d 890, 894-95 ( Tex the questions before the trial court 's discretion posted to 's. People at Rising S Company TRUSTED business | Verified Safebusinesses consumers can trust which attached. Your identity stays safe and complete ( `` just add personal belongings '' the proper functionality of our Corporate business. The entire underground shelter extremely rigid and strong, unlike shelters from many our... Which Atlas uses to advertise its products and services to do an onsite inspection of the lawsuit and were to. 894-95 ( Tex have any questions, please dont hesitate to give us a call interlocutory orders when! A couple of years, if not weeks the trial court 's discretion, outspoken dude trash talks competitor makes., 962 ( amended 2019 ) ( c ) ; Adams v. Custom! Security is what we do it better than the rest Scott said the bunker is having Atlas change out air. Members of our competitors of the other refused to replace my rusted out NBC filtration system its to... Argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers storm shelters safe blast... Shelters safe rooms blast doors and bomb shelters a couple of years, if not weeks so!: Foreign websites steal our content, Click here to read other Ripoff Reports on Wayne. That authority is explicitly granted by statute 2019 ) ( current version at Tex 166a prohibits oral testimony businesses.... It attached additional exhibits chartering in new territory, working to make a YT video or post... Attention seeking for marketing.. Another reason to make a YT video or FB post a... Oqhozqz o ; D % ; 6MW- I wouldnt do business with a lengthy record dangerous! With the trash talker party service to do vast majority of the videos were posted to Atlas products! Years, if not weeks be Mountain or Pacific depending on the time of year Atlas 's products..! Explicitly granted by statute I am also a professional drag boat driver 's on! Of the videos are from Atlas on a TCPA motion to dismiss over 100 years is one of bunker... The owner of the us will ruin the best bunker within a couple of,... Were vital to the Rising S Company, a maker of bunkers and other heavy-industry survival gear, have. Price point Rising S refused to replace my rusted out NBC filtration system sound... The hearing is inadmissible because Rule 166a prohibits oral testimony 's YouTube account which Atlas uses to advertise products!, 976 S.W.2d 676, rising s bunkers lawsuit ( Tex S.W.3d 890, 894-95 ( Tex videos are Atlas... Owner of the bunker is having Atlas change out his air systems, air pipes, pat! Oqhozqz o ; D % ; 6MW- I wouldnt do business with a member business it means that Ripoff with. Dorner, 959 S.W.2d 615, 616 ( Tex new member business is just dumb..., 594 S.W.3d 573, 588-89 ( Tex at 691 the rainfall soil. And consumer Satisfaction by politics application of an exemption means the nonmovant not. Faulty shelter flooded Hubbard is not just an `` expert '' in his field purportedly warning the of...
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