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Welcome to Quincy's ("Quincy") website (the "Quincy Site") and/or Service (defined below), owned and operated by Quincy ("Quincy," "we," or "us"). Quincy provides remote tech support designed to help older adults stay independent, safe and connected. Our goal is to improve the lives of older adults by making existing technology more accessible and curating new technologies designed for older adults. We offer adult children and caregivers the peace of mind to know that their loved ones are using technology to stay safe, secure and engaged.
These Terms of Use (these "Terms") govern the following:
(i) Your use of the Quincy Site;
(ii) use of Quincy's phone, remote or online services;
(iii) purchase of services including but not limited to On-boarding, Membership, technology installation and setup, online and remote visits (each defined and set forth here https://www.gogoquincy.com/services, and together, the "Offerings");
(iv) use of and access to any and all software provided on or in connection with (i) – (iii) (together (i) – (iv), the "Service"). In addition, these Terms and/or the applicable Order (defined below) govern and describe the phone, remote or online, and mobile technical support, services, and pricing that we may provide. In the event of any conflict or inconsistency between the applicable Order and these Terms, the applicable Order will control with respect to pricing and the description of the Service.
We will provide services and benefits to:
(1) the older adult who purchases certain Offerings directly ("Subscriber"),
(2) the individual or entity that purchases certain Offerings on behalf of the Subscriber ("Purchaser") and/or
(3) the people who reside at the Subscriber's primary residence; the location of the primary residence associated with the Services must be in the U.S. ("Service Address").
By placing an Order, accessing or using the Service, signing these Terms, or clicking a button marked "Order Now", "Purchase", "Subscribe", "Accept" or something similar, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in the Quincy Privacy Policy(https://www.GoGoQuincy.com/privacy-policy), which is hereby incorporated by reference. These Terms apply to all visitors, users, and others who register for or otherwise access the Quincy Site or Service, including Purchasers, Subscribers and Authorized Viewers, as defined below (collectively, the "Users"). If you are a Purchaser and are purchasing the Service on behalf of and for the benefit of a Subscriber, you must also review these Terms before you place an Order, access or use the Service, or click a button marked "Subscribe" or something similar, to indicate that you have reviewed and agree to the Terms. You agree that any and all Users must agree to and comply with these Terms. An "Order" means Quincy's approved ordering document, online, or other process describing the Service you are ordering from Quincy. As applicable, the Order will identify: (i) the Offering, (ii) the Membership Term (if applicable), and (iii) the amount or rate you will be charged, the billing and renewal terms, applicable currency, and form of payment.
Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.
We will provide the Service to you as described in these Terms, including support, if applicable, for your consumer electronics, products regardless of whether the products were purchased from us. For the sake of clarity, any Service provided in connection with your consumer electronics and appliances is not a guarantee, warranty, or extended warranty that such products will not contain defects or that we can repair any item or that we will replace or provide a refund of your product's purchase price in the event your product cannot be repaired.
Please read this agreement carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on or through the Service, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with any Quincy promoted hashtag (collectively "User Content") will be deemed nonconfidential and nonproprietary. By submitting or posting any User Content, you grant to Quincy and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Quincy will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Quincy will have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Quincy retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Service, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Quincy, you will furnish Quincy any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Quincy and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Quincy does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Quincy and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Quincy or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that Quincy has no control over, and will have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Quincy acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Quincy becomes aware of any User Content that allegedly may not conform to these Terms, Quincy may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Quincy has no liability or responsibility to Users for performance or nonperformance of such activities.
Quincy has the absolute right to remove and/or delete without notice any User Content within its control that it deems objectionable. You consent to such removal and/or deletion and waive any claim against Quincy for such removal and/or deletion. Quincy is not responsible or liable for failure to store posted content or other materials you transmit through the Service. You should take measures to preserve copies of any data, material, content or information you post on the Service or any other sites or platforms.
A. Orders.
After you place an Order to purchase an Offering, we will review the information you provided for validity by verifying your method of payment and/or billing address. Any fees that we may charge you are due prior to or at the time of Service. We may contact you (via email or phone) if additional information is required to accept and process your order. Invalid Order information may result in delays in processing your order. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. If you are a Subscriber or Purchaser, you will pay any and all applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. Your receipt of an order confirmation does not constitute Quincy's acceptance of your Order. Without prior notification, Quincy maintains the right to refuse to sell the Service to any customer for any reason or no reason at all. If your Order is canceled, we will attempt to notify you using the email address you have given us with the Order.
B. No sales to children.
Quincy does not sell its Service for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with involvement and consent of a parent or legal guardian.
C. Payment meathods.
We accept various payment methods for Orders through Stripe, including, without limitation, Mastercard, Visa, and American Express. By using our Service, you agree to be bound by Stripe's Services Agreement available at https://stripe.com/us/legal. We will bill your payment method when you place an Order for Service through the Quincy Site or in person. Quincy will not fulfill any Service Order without authorization and validation of your purchase from your payment method or a third-party.
D. Automatic renewal of membership fees
We care about the privacy of our Users. You understand that by using the Quincy Site and/or Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy (https://www.gogoquincy.com/privacy-policy), and to have your personally identifiable information collected, used, transferred to and processed in the United States.
Quincy cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information and/or User Content for improper purposes. You acknowledge that you provide your personal information and/or User Content at your own risk.
The Quincy Site and Service may contain links to third-party materials that are not owned or controlled by Quincy. Quincy does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, you understand that these Terms and Quincy's Privacy Policy (https://www.gogoquincy.com/privacy-policy) do not apply to your use of such sites or services, and your use of such sites and services may be subject to the terms and privacy policies of such third-party sites and services. You expressly relieve Quincy from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Quincy will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
A. Equipment.
Solely at your own risk, you agree to allow Quincy and our agents the rights to insert hardware in the Equipment, send software and/or "downloads" to the Equipment, and install, configure, maintain, inspect, and upgrade the Equipment. You represent and warrant you are either the owner of the Equipment or that you have the authority to give us access to the Equipment. If you are not the owner of the Equipment, you are responsible for obtaining any and all necessary approval from the owner to allow Quincy and our agents access to the Equipment to perform the activities described in this paragraph. In addition, you agree to supply Quincy or our agents, if we ask, the owner's name, address and phone number and/or evidence that the owner provided such authorization.
B. Additional terms of remote access.
To receive web-based remote technical support, you will need to provide a high-speed internet connection, a telephone or video connection with us, and/or consent to share with us your screen and control of your mouse, if applicable. You will provide information about the symptoms and causes of the issues you are experiencing. You will respond to our requests for information including but not limited to the Equipment serial number, model, version of the operating system and software installed, any peripheral Equipment connected to or installed on the Equipment, any error messages displayed, the actions which were taken before the Equipment experienced the issue, and the steps taken to resolve the issue. You agree that immediately after we connect to your Equipment remotely, we will be able to see documents, software, and applications on your desktop or open on your screen.
C. Video recordings
As part of the Service, Quincy (and/or others on our behalf) may record (both audio and video) parts of the Service ("Recordings") in any manner and for any purpose in connection with Quincy, its business, marketing, or for any other lawful purpose. By agreeing to these Terms and participating in the Service: (i) you agree that your image, likeness, voice, statements and other identifying characteristics (your "Image") may be Recorded, and you consent to the use of your Image in connection with the use of the Recordings; (ii) you irrevocably grant Quincy and its agents, contractors, licensees and designees and their respective successors and assigns (the "Quincy Parties") a non-exclusive, worldwide, royalty-free and fully paid-up, perpetual license to use, reproduce, distribute, prepare derivative works of, translate, display, perform and otherwise use the Recordings and your Image therein, in whole or in part, in any and all media in order to provide the Service to you; (iii) you waive any right you may have to inspect and/or approve the use of the Recordings or any reproductions thereof, and you agree that Quincy is not obligated to make any use of your Image or exercise any of the rights granted to it; (iv) you waive and release any and all rights of privacy and publicity, and any and all claims to compensation or damages or of violation of intellectual property rights, in connection with the use of the Recordings and your Image therein; and (v) you represent that you are of full legal age and have read this release and fully understand its contents.
A. Term.
These Terms will be in effect from the time that the Service is activated until) it is terminated as provided for by these Terms or by any addendum to or replacement of these Terms. The Service begins the earliest of (1) the day your Order for the Service is entered into our billing system or (2) the day that you accept the Service.
B. Termination by you.
If your Service is subject to an annual Membership, you may cancel your Membership for any reason and for a full refund (less any outstanding amounts due to Quincy for the Service, affiliate services, or other applicable fees and charges) within 14 days of the date of purchase. You may terminate these Terms by notifying Quincy in one of the following ways: (1) send an electronic notice to email@example.com; or (2) speak with a customer service representative during normal business hours (the "Termination Methods"). Prior to effecting such termination, or any other change to your account, we may verify your identity and confirm your election. All applicable fees and charges for the Service will accrue until these Terms have terminated and the Service has been terminated. For avoidance of doubt, in the event any Service has been provided to you in advance of your termination, you will be responsible for all costs related to such Service.
C. Termination by us.
Subject to applicable law, we reserve the right to act immediately and without notice to terminate or suspend the Service and/or to remove from the Service any information transmitted by or to any users (e.g., email or voicemail). We may take these actions if we: (1) determine that your use of the Service does not conform with the requirements set forth in these Terms, (2) determine that your use of the Service interferes with our ability to provide the Service to you or others, (3) reasonably believe that your use of the Service may violate any laws, regulations, or written and electronic instructions for use, (4) reasonably believe that your use of the Service interferes with or endangers the health and/or safety of our personnel or third parties or (5) you threaten, harass, or use vulgar and/or inappropriate language toward our personnel. Our action or inaction under this Section will not constitute review or approval of your or any other users' use of the Service or information transmitted by or to you or other users. In the event that we suspend or terminate your Membership or these Terms for your breach of these Terms, you understand and agree that you will receive no refund or exchange for any unused Services, any content or data associated with your account, or for anything else.
You hereby agree to release Quincy from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with any in person or remote Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
You agree to defend, indemnify and hold harmless Quincy and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above, including but not limited to the terms in Section 8 (Access to your Premises; Equipment; and Remote Access); (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Service with your unique username, password or other appropriate security code.
A. Term.
The Service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Quincy does not warrant, guarantee, or assume responsibility for any Equipment or data. No advice or information, whether oral or written, obtained by you from Quincy or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Quincy, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
Quincy does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Quincy will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, Quincy assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, loss of data and/or personal information, Equipment damage, or other property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event will Quincy, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Quincy hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Quincy has been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
You understand that Equipment may need to be opened, updated, accessed or used either by you or by us or our agents in connection with installation, updating, or repair in connection with the Service. The opening, accessing, or use of the Equipment used in connection with the Service may void warranties provided by the manufacturer or other parties relating to the Equipment. Neither we nor our agents will have any liability whatsoever as the result of the voiding of such warranties. Neither we nor our agents will have any liability whatsoever for any damage, loss, or destruction to the Equipment or any data therein except as may be caused by gross negligence or willful misconduct. In the event of gross negligence or willful misconduct by us or our agents, we will pay at our sole discretion for the repair or replacement of the damaged Equipment up to a maximum of $500.00, and this will be your sole and exclusive remedy relating to such activity.
By accepting these Terms, you waive all claims against us for interference, disruption, or incompatibility between the Service and any other service, systems, or Equipment. In the event of such interference, disruption, or incompatibility, your sole remedy will be to terminate the Service in accordance with Section 9 (Term and Termination).
The Service is controlled and operated from facilities in the United States. Quincy 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 volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Quincy is not providing professional advice. No action should be taken based upon any information contained in the Quincy Site (for example legal, financial, or medical advice), if such information is provided, it is for informational purposes only and should not be construed as professional advice. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area, including without limitation any legal professionals permitted to practice law in your applicable jurisdiction.
A. Governing law.You agree that: (i) the Service will be deemed solely based in New York; and (ii) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms will be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
B. ArbitrationRead this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Quincy. For any dispute with Quincy, you agree to first contact us at firstname.lastname@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Quincy has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York, New York, unless you and Quincy agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will be deemed as preventing Quincy from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this agreement, you and Quincy are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
A. Assignment.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Quincy without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
B. Notification procedures and changes to these terms.
Quincy may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Quincy in our sole discretion. Quincy reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Quincy is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Quincy may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the 'last modified' date at the bottom of this page and notify you that material changes have been made to these Terms. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
These Terms, together with any Orders, amendments and any additional agreements you may enter into with Quincy in connection with the Service, will constitute the entire agreement between you and Quincy concerning the Service. If you have entered into a recording release with Quincy, or any other release in connection with any one of our Services, and there is an inconsistency between the terms of such release and these Terms, the terms of such release shall control. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement will be unenforceable.
A. No waiver.
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Quincy's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
B. Contact.
Please contact us at firstname.lastname@example.com with any questions regarding these Terms.


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Mohammed Azman bin Aziz Mohammed
Mohammed Azman is a medical doctor and the CEO of PERKESO, the Social Security Organisation in Malaysia. Under his leadership, PERKESO has introduced various initiatives and programs that benefit employees, employers, and Malaysian society. Azman is actively expanding social security coverage in Malaysia, supporting the government's objective of enhancing the standard of living and well-being of Malaysians.
Azman has identified specific challenges experienced by gig workers, those who have lost their jobs, foreign workers, and housewives in Malaysia who are not protected by the Employees' Social Security Act 1969 and do not possess any accident-related medical insurance. In response, he paved the way for expanding the PERKESO social protection network.
One of Azman's major contributions to the Malaysian workforce is the Self-Employment Social Security Scheme (SESSS) that was established in 2017 under the Self-Employment Social Security Act 2017. This scheme protects self-employed insured persons against employment injuries, including occupational diseases and accidents during work-related activities. Currently, more than 562,000 self-employed workers are actively contributing to and protected under the SESSS.
Azman has also worked to transform delivery service from a claims-based approach to an action-based initiative. He introduced the PERKESO Prihatin Squad in 2015 to push administrative officers on the ground to process cases in real time. Scouting information on various media, community leaders, and other information networks, PERKESO Prihatin Squad delivers immediate aid to insured persons and their dependents in the event of unexpected incidents or misfortune.
Recently, PERKESO allocated 2.5 million MYR (about 571,300 USD) to the Universiti Utara Malaysia (UUM) for a period of five years to mobilize and support growth in capacity-building, research and development, and societal awareness a occupational safety and health. Through this collaboration, the Social Security Management Center of Excellence (SOSCOE) was established, and 20 PERKESO employees were offered scholarships to complete a bachelor's degree in human resource management (with a minor in social security management) in October 2022.
Before obtaining his Master of Science degree in occupational safety and health from UUM, Azman earned an MBA from Oxford Business College. Being a medical doctor with a business degree, Azman has a unique perspective that allows him to view the issues that victims of workplace accidents face, as well as the viewpoints of the employers, employees, and PERKESO top management. It also allows him to understand the point of view of the rehabilitators and their need to provide a high-quality service. All of these aspects are important to ensure that workplace accident victims are able to continue being productive contributors to the nation's economy when they return to work.
In 2007, Azman, spearheaded PERKESO's Return to Work program. This initiative has since been named an international best practice. Under this program, he established the state-of-the-art high-tech PERKESO Rehabilitation Center that opened in 2014. Today, the center is a leading provider of physical rehabilitation, integrating physiotherapy, occupational therapy, neurorobotic therapy, sensory therapy, work hardening, industrial rehabilitation, and prosthetics and orthotics. It also provides a variety of comprehensive reskilling and upskilling modules through its Vocational Rehabilitation program. As of April 2022, a total of 26,534 workers have benefited from this program.
During the COVID-19 pandemic, Azman led PERKESO through various social protection programs and employment initiatives that impacted employers, employees, self-employed individuals, and job seekers. In 2020, PERKESO worked together with the Ministry of Human Resources to introduce the PenjanaKerjaya Hiring Incentive and Training Program. The program has found employment for 320,864 job seekers and is continuing its efforts to date as the newly rebranded JaminKerja Keluarga Malaysia initiative.
PERKESO, under Azman's direction, has implemented several other initiatives to strengthen the country's resilience and support recovery efforts, including the Employment Retention Program, Wage Subsidy Program, Improvement of Job Search Allowance, Study Incentive Program, and also PERKESO's Screening Program for COVID-19. Altogether, 24 billion MYR (just over 5 billion USD) was disbursed to more than 350,000 employers from affected industries to safeguard the well-being of over 3 million workers in the labor market during the pandemic. This effort has aided in the survival of the industries, the workers, the economy.

subset: commoncrawl


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Looking good is not just about the clothes that you wear. It's about how you feel and the confidence you carry. Feeling great is essential if you want to look great too. With that in mind, here are some top men's grooming tips to get you ready for feeling at the top of your game!
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As I labour at relabelling my old photos, it occurs to me that I have come across Tofieldia in the mountains. Here is Tofieldia pusilla growing in the gravelly roadside north of Lake Louise in Banff N.P..
Regrettably bad photos (with the camera shutter not opening completely, in addition to the crummy focus; the camera packed it in entirely later that day), but the lack of glutinous stalks can be made out. That and the miniscule size distinguish it from T. glutinosa.
More about Tofieldia spp. in the wild and in the garden here:
Re: Tofieldia pusilla
Ah! This one is not uncommon in the mountains here either! One that I always love to find. if you find this one it is a token you have to look out for other gems as well!
Re: Tofieldia pusilla
Another tiny one!
I see it is native in northeast Minnesota, though I have never seen it. Many prairie and alpine species find refuge in our norhtern mixed coniferous forests among the rock outcrops.
Re: Tofieldia pusilla
Often overlooked...I don't recall seeing it in the Rockies. I think T. glutinosa is more common here but you can certainly find pusilla is the right spots. Here it prefers wet meadows over limestone.


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Japan is a şişli escort country with a very interesting culture. In the capital of Japan – Tokyo, there are many şişli escort and impressive-looking buildings and wonderful monuments. Recently, Tokyo was visited by the world-traveling famous Happy Skyscraper. The smallest traveler in the world smiled in photos. He posed in the most interesting places of this city, which are visited by tourists from all over the world. Meet the smallest traveler!
Happy Skyscraper and cheerful organization
His model is on the Internet. Just print, glue it, and then take it for a walk or a trip. And photograph in interesting place. Why do it? To ankara escort a member of the most cheerful organization in the world – the Good Humor Party.
The headquarters of the organization is in Europe. More precisely: in Warsaw, the capital of Poland. It was in Poland in 2001, that is over 20 years ago, that an extraordinary organization was established. Her mission is easy and at the same time very difficult. Party kıbrıs escort would like people around the world to smile more often.
The fastest caricaturist from Poland
The organization was invented by the famous Polish satirist – Szczepan Sadurski. He is an event caricaturist who still sees smiling faces around him. He is called one of the fastest caricaturists in the world, because he only draws one cheerful portrait for 100 seconds! His drawings are printed in newspapers, he creates illustrations for books, and appears in popular TV antalya escorts. For over 20 years, since 1991, he has been publishing several well-bakırköy escort magazines with humor and jokes in Poland. Dobry Humor had over 200,000 copies. He also does many other activities that make people smile. A movie is currently being made about it.
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Smile! Good Humor Party
Among the kıbrıs escort of the organization are satirists and caricaturists from many countries of the world. But also people who are optimistic and like to smile. Regardless of where they live, how old they are, what profession and skin color they have. They have one thing in common: they want to do everything possible so that people in the world have a happy life and smile more often.
Currently, the Good Humor Party has 6,000 kıbrıs escort around the world, and its symbol – the Happy Skyscraper – advertises smile, optimism and the most cheerful organization in the world. The smallest traveler has already visited almost 700 cities in over 60 countries, on all continents, except for Antarctica. He really was photographed in all these places!


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Faculty Guide to Information Literacy – Core
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Faculty Guide to Information Literacy – Core
What It Can Do for You
Preview Information Literacy–Core
How to Embed Information Literacy–Core Multimedia in Blackboard
Why Information Literacy?
Faculty Extras
Getting Started Using Information Literacy–Core
Designing Effective Research Assignments
AI Literacy
Getting Started Using Information Literacy–Core
Getting Started with Information Literacy–Core
This document describes strategies for working information literacy instruction into your course and tips for when and how to use Information Literacy–Core multimedia and assessments.
Aligning Information Literacy–Core to Your Research Assignment
This document shows an example of how an annotated bibliography research assignment can be scaffolded into multiple stages for students, and be supported by targeted Information Literacy–Core multimedia.
Aligning Information Literacy–Core to your Curriculum
This document shows an example of how information literacy can be scaffolded through a general education and programmatic curriculum, with reinforcement and increasing complexity.
Information Literacy–Core Standards Mapping
The multimedia in Information Literacy–Core are mapped to many different standards bodies, including: ACRL, AAC&U, and international IL standards.
Teaching Guides: Information Literacy–Core
Not sure which multimedia to use in your class? The Teaching Guides for Information Literacy–Core can help you determine which multimedia will best fit with your course.
Designing Effective Research Assignments
Tutorial: Designing Effective Research Assignments
Focuses on how to structure assessments effectively in order to provide students with an authentic opportunity to display their knowledge and skills.
AI Literacy
Teaching Resources: AI Literacy
Guidelines on how to start a discussion about AI with your students, suggestions for assignment design and academic integrity frameworks, and suggestions for activities that incorporate AI.
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Tandem skydiving is an excellent solution to knowledge this well-liked Extraordinary sport. People today, nevertheless, have a variety of fears about skydiving. One particular fantasy is that you can't breathe while you're free of charge falling. That is definitely unquestionably not accurate, otherwise jumpers wouldn't be conscious whenever they attained the ground. Yet another problem is that the chute gained't open up. For the reason that pupil chutes are typically safer than other chutes, this isn't a sensible worry. Moreover, most chutes now are rigged with automatic opening equipment, so not opening your chute in time shouldn't really be considered a fear. Despite these reassurances, even though, people today nevertheless NBA중계 stress about the safety of skydiving. To that finish, tandem skydiving is a superb approach to encounter the sport with no stressing with regard to the nagging uncertainties that plague persons's minds.
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Syria opposition: Some in US Congress delay arms
BEIRUT: Syria's main opposition bloc complained that "elements in the U.S. Congress" are obstructing the Obama administration's efforts to step up support for the rebels, as regime forces on Friday intensified their offensive on opposition strongholds.
President Barack Obama recently said the U.S. is willing to send weapons to the opposition. Even so, Washington has been reluctant to arm the rebels battling President Bashar Assad's troops because radical Islamic groups, including some with al-Qaida links, have emerged as their most effective fighting force. Western countries have also been concerned over the lack of unified command among rebel groups.
The Western-backed Syrian National Coalition urged Congress to back arms deliveries to the rebels.
"The Syrian Coalition is deeply concerned by reports indicating that elements in the U.S. Congress are delaying the administration's efforts to increase its support to the Free Syrian Army" it said in a statement late Thursday.
The coalition will ensure "that arms will not reach extremist elements," it added.
Syria's main rebel units, known as the Free Syrian Army or FSA, regrouped in December under a unified rebel command called the Supreme Military Council, following promises of more military assistance once a central council was in place. The Western-backed council is headed by Gen. Salim Idriss, who defected from the Syrian army, and a 30-member group of senior officers. Idriss spent 35 years in the Syrian military and is seen as a secular-minded moderate.
Some FSA units still operate autonomously, however, often fighting alongside more effective groups on the battlefield, including the al-Qaida-affiliated Jabhat al-Nusra, which has led most successful battles for army bases, villages and towns in the north along the border with Turkey.
The group, known in English as The Nusra Front, has claimed responsibility for several car bombs and suicide attacks on military installations and government buildings, including in the capital Damascus, the seat of Assad's power.
More than 93,000 people have been killed in the Syrian conflict that erupted in March 2011 with largely peaceful protests against Assad's rule but escalated into a civil war in response to a brutal government crackdown.
Over the past year, the conflict became increasingly sectarian, with mostly-Sunni rebels assisted by foreign fighters while Assad's forces are bolstered by fighters of the Lebanese Shiite group Hezbollah.
The regime in Damascus is also backed by Russia and Iran, and Moscow has continued to supply Assad with weapons throughout the crisis, saying it is fulfilling existing contracts.
The U.S., its European and Gulf allies have backed the opposition in the conflict, sending funds and non-lethal aid to the rebels.
In recent months, the rebels have gotten more powerful weaponry, including anti-tank missiles and surface-to-air missiles, likely from Qatar and Saudi Arabia.
But rebel commanders say they still need more sophisticated weapons to more effectively battle Assad forces' superior fire power, including heavy artillery and fighter jets.
"The urgency of delivering these arms cannot be overstated as the regime continues to intensify its attacks on opposition forces in Homs, Aleppo and elsewhere in Syria," the coalition said in a statement Thursday, quoting Najib Ghadbian, its envoy to the U.S.
The SNC said at least 4,000 people have been trapped for weeks in Homs, "with no access to medical care, food, or protection."


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A man on felony probation for attempted lewd and lascivious acts with a minor is wanted for failing to register as a sex offender. Kern County Probation says 32-year-old Candido Lugo is considered a high risk sex offender. His hangouts include Beale Avenue near E. 21st Street in east Bakersfield, and 24th Street and Chester Avenue downtown. Contact Officer Anthony Mord at 661-336-6693.
Suzanne Grant


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Lollapalooza released the official 2023 lineup for this summer's four-day music festival
Kendrick Lamar, Billie Eilish, Red Hot Chili Peppers, Odesza, Lana Del Rey, Karol G, The 1975, and Tomorrow X Together are just a few who will be headlining the stages.
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Game Notes: Vegas Golden Knights @ Edmonton Oilers — Game 76
By Cam Lewis
1 year agoIt's arguably the biggest game of the season so far. The Oilers will host the surging Vegas Golden Knights in the final meeting between the two teams in the regular season.
1. Beating the Golden Knights would pretty much assure that Vegas can't pass the Oilers in the standings. And, given the way things are going for the L.A. Kings, a win here would put the Oilers in a very good spot when it comes to locking up home-ice advantage in the first round of the playoffs.
The Oilers are at 95 points, the Kings are at 88 points with one more game played, and the Golden Knights are at 87 points with the same amount of games played as Edmonton.
2. A win for the Oilers would put them seven points up of Vegas with six games left each on the schedule, while a win for Vegas here would mean they're only three points back. Making up three points over the course of six games is certainly doable, whereas making up seven would be a massive uphill climb.
The Oilers finish their season by hosting the Dallas Stars and Colorado Avalanche, hitting the road to face the Columbus Blue Jackets and Pittsburgh Penguins, and then returning home to host the San Jose Sharks and Vancouver Canucks.
The Golden Knights finish their season by hosting the Washington Capitals, New Jersey Devils, and San Jose Sharks, and then they hit the road to play the Dallas Stars, Chicago Blackhawks, and St. Louis Blues.
The Kings, who we shouldn't write off, have the easiest schedule of the bunch. They host the Blue Jackets, hit the road to play the Anaheim Ducks, return home to host the Blackhawks and Ducks, and then finish off on the road in Seattle and Vancouver.
3. The Oilers and Golden Knights have played three times this season. The Oilers beat them in Vegas during their five-game winning streak right out of the gate in October and they beat them in Vegas again in late November. The Golden Knights beat the Oilers in Edmonton in February by a score of 4-0. The following night, the Oilers lost to the Blackhawks and Dave Tippett was fired.
It's interesting that the away team has won all of the games between Edmonton and Vegas thus far this season as these are both teams that play quite well at home. The Oilers are 23-12-1 in Edmonton and the Golden Knights are 21-14-3 in Vegas.
4. The Golden Knights put Nolan Patrick, Laurent Brossoit, and Will Carrier on the Long-Term Injured Reserve at the same time, giving them the adequate cap space needed to activate Mark Stone, who was placed on the LTIR in order to accommodate activating Jack Eichel back in February.
This is the first time that Vegas has had all three of Eichel, Stone, and Max Pacioretty in the lineup. They lost their first game that featured their Big Three by a score of 5-4 in overtime to the Canucks, but Vegas came back a couple of nights later with a commanding 6-1 win over the Flames.
The Golden Knights are a team you'd like to avoid in the playoffs when the salary cap isn't a worry for them.
5. Ironically, one of Vegas' hottest players right now is Evgenii Dadonov, the guy they tried to dump at the trade deadline in order to open up cap room. Dadonov was traded to the Ducks in exchange for LTIR contracts, but the league wound up vetoing the deal because Dadonov had the Ducks on his no-trade list. The Golden Knights claimed that the Senators didn't disclose Dadonov's 10-team no-trade list when they acquired him last summer, and Dadonov and his agent claimed that Anaheim was one of the 10 teams on the list.
In nine games since, Dadonov has 12 points. He had 27 points in 62 games all told before the trade.
6. Scoring hasn't been the issue for Vegas this season, the team's top challenge has been keeping the puck out of the net. They dealt away Marc-Andre Fleury over the off-season as a cap dump and opted to roll with Robin Lehner and Laurent Brossoit as his backup. Lehner has been enigmatic all year while Brossoit has struggled with injuries.
Vegas' best goalie this season has been third-stringer Logan Thompson, who has a .925 save percentage through 13 appearances. In his most recent outing, Thompson made 35 saves in a win over his hometown team, the Flames. Lehner is currently away from the team as he deals with a personal issue so we'll likely see Thompson between the pipes tonight.
7. Connor McDavid suddenly has competition in the Art Ross Trophy race. McDavid is at 110 points but Jonathan Huberdeau of the Florida Panthers is catching up. The Panthers are currently on a nine-game winning streak in which Huberdeau has scored 18 points. He's now at 108 points, just two back of McDavid. Florida also has a game in hand on the Oilers.
Recent articles from Cam Lewis


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Leicester Tigers completed the league double over Gloucester Rugby on Saturday with a 20-14 victory at Kingsholm.
Tries from Tigers' captain Tom Youngs, Dan Kelly and Harry Wells were enough to hold off a late Gloucester comeback following scores from Santiago Carreras and Ed Slater.
What are your reflections on the game?
"Very disappointing. We got out muscled at the maul and if you want to put it down to one thing, they scored a couple of maul tries and we had our chance at the end but didn't take it."
"They play a kicking game and they executed that really well and we knew that was coming.
"We set up to deal with it better than we did but they play the territory game and then they squeeze you at the set piece and some good defence. We didn't quite manage to get on top of that today."
"We had a word at half time and weren't happy with how the first half went I terms of the scoreboard and the boys came out and reacted really well and scored a nice early try. The next chapters we had on that when we could have got on top, we probably weren't quite quick enough at the breakdown and didn't quite get on top and it killed our momentum."
What's your take on the blown late opportunities to score?
"We had a couple of nice set plays that were coming off and then we missed the breakdown and let them out of jail.
"The efforts to get back in the corners a couple of times at the end were great and put ourselves with an opportunity to win but couldn't quite execute the maul and I take my hat off to Leicester's defence and they were extremely powerful in that area."
Unfortunately that's the end of your winning run, is this week now about bouncing back?
"We've had a couple of good weeks and this won't change anything with our plan going forward.
"Right now, it isn't they way we'd like to play out but it is a good experience for some young guys on the field. It was a different game of rugby to what we have come across the last few weeks.
"It was tough, gritty and pretty simple and I think we fell away at some of the simple stuff."
"They left the breakdown alone, put everyone in the front line and there was probably a bit of space in the back field that we didn't quite maximise. That's all learning and great learning for George [Barton] in that side of things and just another step for us as a team to go away and assess a different threat that got on top of us."
What's the injury latest after taking a few knocks out there?
"We took a few head bangs, so I am waiting to hear more. We don't get an exact lowdown right now, we let them settle down for a bit, but it wasn't too kind to us in the front row today."
It doesn't get any easier with Harlequins next week does it?
"Quins will be a really hard challenge.
"They are one of the, if not the in form team in the Premiership.
!I know they lost at Exeter away today, but they play a different game to what we saw today so we can expect to be challenged fitness wise and move the ball around. We look forward to it. We'll deal with this on Monday and then move on Tuesday and look forward to getting stuck in."
Gloucester Rugby news straight to your phone
Are you a massive Gloucester Rugby fan?
If so, you can now get all the latest Cherry and Whites news for FREE at the touch of a button on your phone.
Gloucestershire Live is packed full of Gloucester Rugby news and opinions but this new service will give you the chance to hear about it first with Chief South West Rugby Writer John Evely providing regular updates on all the big stories straight to your inbox.
Among the things you can expect are transfer news, interviews, match reports, injury updates, team news and live blogs. You could even use it to ask him a question.
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We recommend saving the contact to your mobile as 'Gloucester Rugby News'.
You will then be added to our Gloucester Rugby chat group and receive links to all of our big stories direct to your mobile.
Your number will not be used for any other purpose other than to inform you of the latest Gloucester Rugby news.
To unsubscribe at any time, send STOP GLAWS RUGBY via WhatsApp to the same number.
Despite the result there was no shortage of commitment today was there?
"We've always hung our hat on that and is something I always watch for.
"It did not go our way today and didn't execute a few plays. You can see how hard the guys are fighting and see they are sticking together as a group and defending hard but as I said I thought Leicester were better in the maul area than us and you just have to put your hand up and go we know we have got to do some work."
"I thought they defended really well, and Leicester threw a lot at us and I think the defensive system is building week on week and it is a real strength for us. If it was not for the maul today, we might have managed to keep them out a bit better."


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Product attributes:
Function: Juicing
Speed: 18000 rpm
Blade type: five or more blade types
Inner liner material: PC edible grade plastic
Additional features: portable charging, fast discharge
Power: 150W
Capacity: 400mL and below
Voltage: ≤ 36V
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Brand: Chigo
Maximum juice output at once: 400mL and below
Fruit pulp residue box capacity: less than 500ml (including 500ml)
Shape of feeding port: circular
Maximum speed of juicer: 18000 rpm
Body material: plastic
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Built in battery: Built in battery
With or without display screen: No
Style Classification: Juicer Cooking/Auxiliary Food Machine
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Software development is big. It is a vast and dynamic world. Many of us try different concepts in software engineering, and so do I. Tester by day, developer by ni… after-noon (because I sleep at night). Every day I switch my tester hat for my developer hat and vice versa. The moment I switch my game mode, I feel like I am switching characters. A whole different person, Gollum and Smeagol! But really… I'm not switching personalities. It's the mindset that makes a U-turn. And just like software development is big, that U-turn is pretty big as well. Let's break down what happens when I switch that hat and what can be difficult about it.
I am passionate about creating applications, which is why I enjoy wearing my developer hat. Being creative and artistic takes the spotlight while crafting a new idea. Focusing on constructing new features for new or ongoing projects is a great way to learn the ins and outs of software development. But the real beauty of application development shows itself when you have to go under the hood. When creating features, it is very important to make them efficient. This comes with puzzling over different data structures like an array for fast reads of your top 3 players, or a LinkedList for adding items to your shopping cart at lightning speed. Or maybe the question is whether to use the Strategy Pattern or the Factory Pattern for your implementation. So many questions! So many learning possibilities. I'm working towards a working product that people can use. Developer hat is build mode on.
As the sun rises, and I start my daily work routine, I get my testing hat out of the closet. Now it's a whole different ball game. I become the Sherlock Holmes of software. Investigating every single possibility to trigger flaws in the application or code. You might even call it a little bit of ethical hacking. It is not unusual if systems crash or sensitive information is laid bare after revealing a weak spot. These are grave security issues. Though I profile myself as a calmer test engineer (As a test engineer, I prefer to stay calm and composed when tackling challenges), but I know some who go into Rambo mode and battle cry: "How can I break this code with my code?!" They are hyped, which is fine. Don't get me wrong, we're not here to destroy the developers' hard work. We are assisting them in creating safe, secure, and reliable applications. Protecting users from software that does not function properly. Nobody likes to use software that contains a bunch of bugs, this is a nightmare for the user and bad PR for the company. Testing is detective mode on.
The difference between the two hats isn't the technical part. In both modes, we write lots of code. If the contrast is not coding, then what is it? It's the goal you're trying to reach. Developing is building features for the user, and testing is about building confidence in the features.
Exchanging hats doesn't come without a trial. The U-turn switch I talked about earlier, shouldn't be taken lightly. Implications may occur if the switch is done wrong. Failing to transition from the creative mindset of a developer to the critical mindset of a tester may result in overlooking potential flaws in the code. This error could lead to higher bug rates, affecting the overall quality of the software. There are two main challenges that need to be addressed:
Imagine you are working as a developer on a new e-commerce platform. Your task is to create a secure and user-friendly payment feature. In the developer mindset, you are focused on building features such as implementing various payment methods, ensuring a smooth user interface, and optimizing the code for performance. Your focus is on innovation, efficiency, and delivering a feature that adds value to the application.
Now, it's time to switch hats and become a tester. Your goal is to ensure the payment feature does not only work, but is also secure and not prone to error. Your mindset transitions to identifying potential flaws in the code. You start considering scenarios like what happens if a user enters invalid payment information, or none at all?
During this transition, you must shift from the creative thinking of a developer to the detective thinking of a tester. It requires stepping back from the pride and excitement of your code and adopting a critical eye to evaluate the robustness of your own work. This change in mindset requires you to anticipate flaws that you didn't think about during the development process. Stepping away from your pride and excitement brings me to the second challenge:
I know as a developer you create a beautiful bond with your code, why wouldn't you? It's your creation. Your thoughts and creativity are invested in that code. When you put on your test hat, it's time to let go. You have to emotionally detach from your code. You have to approach your feature like you have never seen it before. You have to take an objective eye. Identifying mistakes and breaches in the system, demands a cold shoulder towards your code, which trust me, is not an easy thing to do.
Now, learning how to cope with these challenges comes with the experience of switching modes frequently. Imagine the possibilities of being able to change hats whenever you want, without any struggle.
Controlling the U-turn is a recipe for very clean, stable and secure code. Let's create a simple feature of adding an item to a shopping cart. As a developer you already know how to implement it the most efficient way: A LinkedList to add items very fast. You start writing unit tests and build the feature side by side.
From your testing experience you instantly think about the things that might go wrong with such a simple feature: null values, non-existing products, query injection,… You incorporate these flaws into your unit tests and thus in the feature its code. You see where I am going? Utilizing the two hats creates features with confidence.
Not only leads this synergy to working and confident code, but also to user-centric development. When I'm implementing features, I sometimes forget the experience from a user's perspective. In my head, the feature is simple and easy to use. That is because I have been working on that code for a while. The puzzle is already made in my head and I know exactly what input my feature expects. Though, perhaps this won't be the case for someone who uses it for the first time. The testing hat brings usability testing to the table, where it can identify issues related to usability, accessibility, and overall user experience. The collaboration of the two hats results in code that works well but is also user-friendly.
Though both are very admirable software engineering paths, switching between the two hats comes with challenges and they should not be ignored. But, when addressed and mitigated, opportunities come forth. Opportunities to create applications that are not only working, but also applications that users can trust on.


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Eshelman v. Puma Biotechnology, Inc., No. 20-1329 (4th Cir. 2021)
Annotate this Case
Puma, a pharmaceutical company, created an investor presentation during a proxy contest with Eshelman, a Puma shareholder and the founder of PPD, another pharmaceutical company. Puma invited its shareholders to visit a link on its website where it had published the presentation, which indicated that, a decade earlier, while Eshelman was CEO of PPD, a clinical investigator falsified documents. The presentation was published at least 198 times. Puma also filed the presentation with the SEC, which made it permanently accessible on its website.
Eshelman, a resident of North Carolina, initiated a diversity action with state-law claims of defamation. Puma is incorporated in Delaware and has its principal place of business in California; Auerbach, Puma's CEO, resides in California. The court found defamatory per se Puma's statements that Eshelman was "involved in clinical trial fraud" and that Eshelman was replaced as CEO after being forced to testify regarding fraud in 2008. A jury awarded Eshelman $15.85 million in compensatory damages and $6.5 million in punitive damages.
The Fourth Circuit affirmed as to liability but vacated the award after finding that Puma waived its personal jurisdiction claim. Each of the statements at issue is capable of a singular, defamatory interpretation but "there is no evidence justifying such an enormous award."
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text: Margaret Ann Larson May 12, 1941 – January 31, 2021 Margaret Ann Foley was born in Butte MT, May 12, 1941 to Edward J Foley and Mary Ruth Sullivan Foley. She was the oldest daughter of 6 siblings. She graduated from Girls Central High School, Butte MT in 1959. After high school she moved to Kalispell MT where she worked for Valley Bank. Marge married Ronald Joseph Slama in 1962, Kalispell MT, and from this marriage they were blessed with their children, David Joseph and Mary Ruth. After her Husband Ronnie passed away in 1971, Marge moved her young family to Missoula MT to continue her long career in the banking industry. Starting at First National Bank and continuing on until her 2001 retirement from First Interstate Bank. During her extensive working career, Marge developed a large circle of friends that reached near and far, she was a loyal friend to all over the years. Marge met Burnell C Larson, and in 1986 they were married in Missoula. For over 30 years she and Bernie enjoyed cheering on all Grizzly Athletic Sports, spending time at their home on Bitterroot Lake and being snowbirds in Mesa AZ, before Bernie's passing in 2017. Marge is survived by her children and grandchildren. David and Lisa Slama (Hudson and Haden Smith), and Mary and Brent Rehm (Brandon and Morgan). Marge is also survived by her sister's, Eleanor Hauck, Diane Maloney, and brother John Foley; along with many nieces and nephews she truly adored. She is preceded in death by her husband's, Ronnie and Bernie, sister Lorraine and oldest brother Ed Foley. No services are planned at this time. A Celebration of Life will be planned for a later date. Memorials can be made to the Grizzly Athletic Association or the Butte Central Foundation. We would like to thank the Doctors and Nurses at Providence St. Patrick Hospital in Missoula for the excellent care that was given to Marge. It was never a dull moment with Marge!


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Listen to this show – hosted by Don Creech & Perry Sikes, Jr.
- Vaccines are "rounding second"
- Stock leadership has been challenged
- What is the driving factor for stock prices?
- Remembering the cliff in Road Runner cartoons
- Who says I'm crazy?
- Tesla in the S&P? So what?
- Formulas are a waste of time? Really?


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Shopify Inc., a major e-commerce merchant partner, is making it easier for companies to sell NFTs. Shopify's president shared the company's plans to help its merchants sell NFTs.
"If you've spent 1 minute on the internet this year, you've seen a lot about NFTs," posted on Twitter Shopify President Harvey Finkelstein. "Shopify we are making it easier for our merchants to sell NFTs directly through their stores, with one of the first being the ChicagoBulls NFT store."
"Before Shopify offered its capability, merchants would have to sell through a 3rd party marketplace, aka less control of the sale and customer relationship," he added.
As Finkelstein claimed, the launch is all about "putting the power back into the hands of merchants."
This step is also aimed to help customers be able to decide how and where to buy non-fungible tokens (NFTs). Shopify is partnering with Flow Blockchain to help its merchants sell NFTs.
Flow CEO Roham Gharegozlou stated there are zero fees for merchants. "I'm excited about this because Harley Finkelstein and Tobi Lutke have done more to empower creators than almost anyone in the last decade," Gharegozlou said.
Shopify platform had over 450 million checkouts with 1.7 million merchant customers in 2020.
One of the first companies to take advantage of the Shopify NFT platform launch is the Chicago Bulls of the NBA. The Bulls are offering NFTs of six NBA Championship rings with three levels of scarcity and six token designs.
Each day from July 26 to July 31, it will release a ring for a different year. The 1991 and 1992 ring NFTs sold out, with 91 and 92 versions available, respectively, with price points $49 for the 1991 ring NFTs and $92 for the 1992 rings.
The ring NFTs could be great for collectors and also come with some perks for those who buy or collect one of each of the six rings. The 1991 Championship ring NFTs had six legendary, 23 iconic, and 62 rare versions. Rarities are not known until after the NFT is bought.
The owner of a legendary version of all six rings will be given a "Bull for a Day" experience after Oct. 31, which includes signing a contract with the Bulls, a custom jersey, shootaround at the United Center, and courtside seats at a game. Also, collecting each of the six rings in any tier by October 31 gets the owner a graphic print and two tickets to a 2021-2022 home Bulls game.


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Build a Boat for Treasure codes September 2023
September 19, 2023: we checked for new Build a Boat for Treasure codes
Build a Boat for Treasure codes are extremely useful – they give you the quality building stuff you need to ensure your watercraft survives the perilous seas it's going to be travelling through and makes it to the end of the map.
If you found this list helpful, why not check out some of our others? We have freebie lists of all the latest Roblox promo codes, Shindo Life codes, Anime Fighting Simulator codes, and All Star Tower Defense codes. If you're looking for more Roblox ship games, our lists for King Piece codes and Grand Piece Online codes might also be for you! We've also got Honkai Star Rail codes and a Honkai Star Rail tier list to help you with Hoyo's latest.


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If you are looking for the top rated nursing homes in Baltimore, Maryland, then you've come to the right place. National Nursing Homes researches local nursing homes and nursing communities throughout Baltimore, making it easy to find the top ones in your area. NationalNursingHomes.com has found 234 nursing homes in Baltimore, with the closest being Nursing Home Ombudsman Program, which is located at 118 N Howard St, Baltimore MD 21201. With NationalNursingHomes.com you can quickly find any type of Baltimore nursing home whether you are looking for a home that specializes in assisted living in Baltimore, independent living in Baltimore or alzheimer's care in Baltimore, MD. Thanks to NationalNursingHomes.com, finding skilled nursing facilities in Baltimore has never been easier. You can read reviews and browse pictures of the top Baltimore nursing communities right here on NationalNursingHomes.com.
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Experience at AIU
I wanted to pursue further education and AIU offered me the desired distant learning courses/education with the required flexibility at my own pace; as I am working full time. Flexibility of time for studying could help me to manage my time and I really enjoy when I was far from stress and study pressure. The curriculum is excellent and is geared towards achieving ones objective and goal. The learning environment was so convenient that students are allowed to work at their own paces. This mode of learning encouraged me to have my independent where there was no need for me to leave my job and go to school but to work and earn my degree at the same time. It also inculcates in me the ability to research on several courses.
Their Online and self help repository of documentation/reference guide was of great help.
Interacting with my academic advisor was so amazing; as they devoted their time to direct and advise wherever required. The Faculty and the customer support were always available.
I would like to recommend AIU to people who like to progress their continued education and need the required flexibility. To study at AIU was a step in the right direction.


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"Access to services and education is part of our mission at College of the Desert," said Dr. Jessica Enders, Acting Executive Director of Institutional Advancement at the College of the Desert. "We want to make sure that we provide easily accessible services to students across the valley, regardless of their location. "
College of the Desert is still expanding its services to students across the valley.
"Usually Phase 1 is in Palm Desert and it's a long way off," said Amy Medina, Coachella resident and future College of the Desert student. "There are a lot of students here who don't have incredible transportation and sometimes it can be far away."
Many students travel more than half an hour to get to the main Palm Desert campus, but now the campus will be a little closer to home.
The Desert College Board of Trustees on Thursday unanimously approved a five-year lease for office space at Pueblo Viejo Villas, opening a new student service center at the location of Cesar Chavez and Sixth Streets at Coachella.
"We are expanding the possibilities for access," said Dr Enders. "We want to make sure that students have easily accessible services so that if they are impacted by transportation or a limited schedule… we meet their needs where they are. "
The Desert College previously extended educational resources to students who reside in the area, and this new extension will provide additional services.
"We have started offering services to the Coachella Library," said Dr. Enders. "Since we already have these classes in the field, we wanted to make sure they had access to tutoring, workshops, counselors, (and) financial assistance. The Adult School is right across from the Library, so we see it as creating a bridge between the Adult School and credit courses at College of the Desert.
As COD expands to Coachella, questions arise about the planned Palm Springs campus which has been under construction for years.
"We are not yet under construction. We have the property that is vested and we are still in the planning stages, "said Dr Enders. "We actually have our temporary Palm Springs campus which is open and available for services. Students can come now and get the support they need in Palm Springs. '"
As of now, the College of the Desert Palm Springs campus is expected to be completed in 2025, and the student services center at Coachella in the spring of 2022.
"It's our desire to expand services across the valley and we're already at the Coachella site, so it's an opportunity to quickly make an impact and provide these services," said Dr Enders. "We want to bring College of the Desert to the students."


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Futura Stainless Steel 4 Ltr Pressure Cooker Super-fast cooking. Item Weight - 3.69 Kg Approx.
Ideal for cooking for: - 4-6 Persons. Base flat diameter: - 185 mm. Base thickness: - 7 mm.
The beautiful form and function of the Futura Pressure Cooker - executed in stainless steel. This new Futura Stainless Steel Pressure Cooker is induction compatible with a magnetic base of AISI 430 grade stainless steel. It can safely be used on all domestic gas, electric, halogen, ceramic and induction cooktops. With the sole exception of the external base of the pressure cooker, the body and lid of the induction compatible Futura Stainless Steel Pressure Cooker are made from superior grade AISI 304 non-magnetic stainless steel.The 7 mm thick base contains a 4.9 mm thick aluminium disc sandwiched in stainless steel for efficient heat dispersion. The base stays flat, heats evenly and is ideal for light frying before pressure cooking. Futura cooks on average 46% faster than a microwave oven. The unique pressure regulating system gives you the convenience of finger-tip pressure release and prevents clogging of the steam vent.
The pressure cooker and grid may be washed in a dishwasher but this may dull the stainless steel mirror finish and the plastic handles or affect the surface of the dark grey, hard anodised components on the lid. To avoid the deterioration of the finish, hand wash the cooker or at least the lid. Do not put the sealing ring or pressure regulator in the dishwasher. We accept payments through pay pal only. Please do not leave negative or neutral feedback before contacting us. We assure you that we will resolve any kind of issue or concern you may leave. This item is in the category "Home Appliances\Small Kitchen Appliances\Pressure Cookers".The seller is "shrishyament" and is located in this country: IN. This item can be shipped to Australia, all countries in Europe, all countries in continental Asia, United States, New Zealand, Canada.


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BIG FAT JOKE BOOK – Khushwant Singh
Ribald, rib-tickling and outrageous, Khushwant Singh's inimitable brand of humour has made him a legend in his own *. His joke books, a potent mix of gags, anecdotes and one-liners, have entertained generations of readers and have been constant best-sellers. This book brings together the funniest and most memorable selections from his enormous repertoire, including some of the wackiest jokes ever cracked about sex, God and politics
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A man in Japan provides a very unusual rental service to his clients. Known as the "do-nothing" man, Shoji Morimoto quite literally does nothing. The 39-year-old advertises himself as a person who can "eat and drink, and give simple feedback, but do nothing more". He started offering his companionship in 2018 through a Twitter account he opened. The number of his followers on Twitter started increasing and he now has more than 250,000 of them. According to Independent, Mr Morimoto has inspired a television series and three books, and has drawn international attention through his viral social media posts.
"I'm the 'rental nanmo shinai hito (the so-nothing guy)'. I don't start a conversation unless they (his clients) say something," he told the BBC.
Mr Morimoto had become accustomed to be told by family, classmates and co-workers that he was a "do-nothing" person – who stood back and let others take the initiative. So, he decided to turn it into a business idea.
According to CBS News, Morimoto has turned down requests to help clean houses, do laundry, make scintillating banter, visit a haunted house, and pose nude. But he has stood in the freezing cold to be an audience for a struggling street musician, accompanied the painfully self-conscious on outings to shops and restaurants, and even shared cake with a lonely soul on a birthday.
He schedules upto three appointments almost everyday, according to the outlet.
Recalling one of her encounters, Morimoto said he met a woman in her 30s on a weekday. After greeting each other, they sat down to sip coffee – in silence.
According to Morimoto, he receives more than 3,000 requests from people desperate to hire him. He charges 69 pounds (Rs 6,641) per request.
Morimoto told the Mirror that he has accompanied someone on a helicopter ride and to Disneyland, listened to a cheater confess to their adulterous ways and went to a hospital to spend some time with someone who had attempted suicide.
The man said he has learnt not to judge others and, and has empathy for people who may be going through deep personal challenges.