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Intellectual Property
The information contained on this site is protected under the Copyright Laws of the United States and other applicable laws. "Energage" is a trademark of Energage, LLC. Improper use of this Website, any copyrighted material or trademarks will constitute a violation of Federal law and subject violators to severe civil and potentially criminal sanctions. Energage, LLC is vigorous in its enforcement of its rights.
Use of this Website and any Information or Materials
The Website contains information, content, text, photographs, designs, graphics, images, recordings, advertisements, animation and other materials and effects (collectively, the "Materials") that are protected by copyrights, trademarks, service marks, trade dress and/or other intellectual or proprietary rights owned by Energage, LLC and/or third parties which have authorized its use by Energage, LLC. All trademarks and copyrighted information contained on the Website are the property of their respective owners. You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
This Website and the Materials on this Website are provided for your individual, non-commercial use. Any other use of the Website or the Materials is strictly prohibited, including without limitation, copying, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination, without the express written permission by a senior officer of Energage, LLC or the applicable rights holder. The Materials on the Website may not be used by you or other third parties, directly or indirectly, for purposes of marketing, solicitation, telemarketing, e-mailing or direct marketing. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or any of the Material. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal or immoral purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, discriminatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of Energage, LLC or any third party using the Website or Materials.
By continuing to use this Website, you agree to allow Energage, LLC and its third-party vendors to collect certain information about your visit to the Website. Please see Energage, LLC's Privacy Policy for more information about the information collected.
Automated Activity
You agree not to use any automated script to submit any form or other database entry to this Website. This Website may use robot exclusion methods, which include robots.txt files and HTML meta-tags that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary to Energage, LLC or is licensed to Energage, LLC by third parties. You agree that if and to the extent prohibited in the then current robots.txt file or HTML meta-tags on the Website, you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission. Additionally, you agree that you will not: (i) take any action that is likely to impose an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) harvest email addresses from the Website for any purpose whatsoever, or (iv) bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
Energage, LLC generally welcomes links to the Website from other reputable websites. You may link freely to the Website PROVIDED THAT (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage or any other page, (b) you do not, by framing or otherwise create an impression that you own, control or have any rights to any part of the Website, (c) you do not link to any secure page (a secure page is one with an https// prefix), and (d) you agree to discontinue providing links to this Website if and when requested by Energage, LLC.
Energage, LLC makes efforts to try to assure that the information it presents in the portions of the content it authors on the Website is accurate. Energage, LLC cautions, however, that because of the volume, complexity of the material, the ever changing laws and regulations and court decisions, and significant state by state (and sometimes community to community) differences, and because Energage, LLC communicates information provided and created by advertisers, consumers, software developers, publishers, marketing agents, resellers and other third parties, Energage, LLC may have little or no control over the accuracy of such information, and regardless of any control, Energage, LLC makes no guarantee or representation as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or for any resulting loss or damage.
No Warranty, No Liability, Indemnification
Energage, LLC makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Energage, LLC shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND THE MATERIALS ARE PROVIDED BY Energage, LLC ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ENERGAGE, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE OR ANY MATERIALS.
IN NO EVENT SHALL ENERGAGE,LLC BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS OR SITES LINKED FROM THE WEBSITE OR MATERIALS, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. ENERGAGE,LLC SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some jurisdictions do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such jurisdictions liability is limited to the fullest extent permitted by law.
Energage, LLC reserves the right to revise any or all of the Materials on the Website and/or to modify any features, specifications, or materials without notice.
Energage, LLC reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action it deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Energage, LLC reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to Energage, LLC's Website. This constitutes the agreement with respect to your access to and use of the Website, together with any Additional Terms of Use which you may have expressly accepted by use of other features on the Website. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. You agree that the Terms of Use will be governed and construed in accordance with the laws of the State of Pennsylvania without giving effect to conflict of laws principles, and agree that any action you or your successors or assigns may bring against Energage, LLC related to this Website may only be brought in the U.S. District Court for the Eastern District of Pennsylvania and state courts situated therein and you further agree to submit to personal jurisdiction in such courts should Energage, LLC initiate action against you related to your use or abuse of this Website, and to pay any and all damages related to your violation of these Terms of Use, and to also pay Energage, LLC such costs, fees and expenses as it reasonably incurs or expends (including attorney fees and court costs) if and to the extent Energage, LLC successfully prevails against you for your actions in violation of any of the Terms of Use, or any false representation you make, or any breach of a warranty you commit.
1. Welcome to Energage.
Thank you for using our products and services (collectively, "Services"). The Services are provided by Energage, LLC ("Energage" or "us"), located at 397 Eagleview Boulevard, Suite 200, Exton, Pennsylvania 19341, United States. By using our Services, you and your company ("Company") are agreeing to these terms and you and Company may be used interchangeably throughout these terms. Please read them carefully. We describe several of our Services below, but we also have Services not described below and we may develop other Services in the future so sometimes additional terms or product requirements (including eligibility requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
2. Top Workplaces Program.
a). Participants in the Top Workplaces program (hereinafter "Program") authorize us to conduct an evaluation of the relationship between the participating Company and its employees. This evaluation is based entirely upon the confidential survey responses of the Company's employees. Participation in the Program is purely voluntary and there is no charge to participate, excluding a paper survey fee for companies that require paper surveys. Participation, however, may be limited by a particular publication, in which case such requirements will be posted on individual publisher pages located at topworkplaces.com. Additionally, each Company must complete and submit all required sections set forth on the "Survey Tracker" website or application and hereby consents to a site visit performed by us to verify the survey results and other Collected Information (as defined below).
b). Electronic surveys will be distributed by us directly to Company's employees' email addresses and paper surveys will be distributed by Company through a single point of contact, together with postage-paid envelopes for return of the survey to us. Survey responses received after the survey due date that we specified in the "Survey Tracker" application may not be included in Company's survey, however, we may decide to include tardy data in our sole discretion.
c). At the end of the survey period, a Company's results are evaluated. High scoring Companies will be named as a "Top Workplace" by us and/or one or more of our publishing partners in a print and/or online list (the "List") and the List may be published or distributed in one or more newspapers, magazines, periodicals, and/or websites.
d). All companies participating in the Program that achieve the minimum response rate will receive a complimentary summary report of their own employees' confidential survey responses. Companies that participate but are not named a Top Workplace or choose not to be evaluated from designation as a Top Workplace are not disclosed publically as participants. All results are based solely upon the quantitative analysis of the employee survey responses and under no circumstances is any payment or gratuity of any kind accepted in exchange for being named as a Top Workplace.
3. Prohibited Activities.
a). You also hereby agree (i) to permit only authorized users to use and gain access to the Services and you shall ensure each user complies with the terms hereof, (ii) not to make the Services available to any third party, including, without limitation, in any form by rental, service bureau, hosting, time sharing arrangement, or demonstrate the Services to any third party, (iii) to use your best efforts to cooperate with and assist us in identifying and preventing any unauthorized use, copying, or disclosure of the Services, (iv) not to reverse engineer, disassemble, reverse compile, or otherwise attempt to obtain the source code of the Services, or (x) not to copy, reproduce (in whole or in part) or develop a similar or competing product to the Program or the Services and you hereby agree that any attempt to utilize any portion of the Program, the Services and/or any content or work product contained therein is strictly prohibited.
b). You hereby agree and acknowledge any attempt, directly or indirectly, to influence any survey responses or any other results in any of the other Services in any way is strictly prohibited. Furthermore, neither you nor the Company or its agents or employees may collect or review the completed employee surveys. Failure to comply with the prohibitions set forth herein may result in Company's immediate disqualification from the Program. In addition to the foregoing, below is a non-exclusive list of examples of situations that may lead us to disqualify you from the Program: (i) providing inaccurate or incomplete information including, without limitation, Company Contact Information (as defined below), the number of employees, or other Company information, (ii) failure to meet the number of required survey responses (equal to the greater of 30 employees or thirty-five percent (35%) of Company's total workforce, (iii) engaging in measures to incentivize, coerce, or solicit specific survey responses, (iv) five percent (5%) or more of employees indicating that they felt pressured to respond positively to the survey or specific question, or (v) survey results deemed suspicious in our sole discretion. Any decision to disqualify a Company from the Program shall be in our sole discretion and you hereby acknowledge and agree that you have no claims or rights against us and disclaim any and all liability against us as a result of any decision that we make in this regard.
c). Your violation of this prohibited activities section will result in reputational harm to us and our partners and impair our ability to successfully operate the Program and our other Services and, for this reason, you hereby acknowledge and agree that any and all damages resulting from such failure shall be shall be deemed direct damages for purposes of these terms.
4. Other Products and Services.
We strive to continually improve our Services and from time to time we may add or remove functionalities or features, and we may suspend or stop a Service altogether. Furthermore, we may add new Services in the future that are intended to be governed by these terms. Set forth below is a description of some of our other Services.
a). Energage Survey. Energage Survey (e.g. "Management Intelligence Package") is a "for-fee" product that provides Company greater access and insight into Company's survey results. Survey results are offered by us through Software provided through our website and downloadable reports in Microsoft Word®, Adobe PDF®, and Microsoft PowerPoint® formats.
b). Energage Connect. Energage Connect is a "for-fee" product that provides Company more expansive survey and reporting options in real-time.
c). Consulting Services. Our consulting services (e.g. "Expert Support Package") are available on a "for-fee" basis to provide you with more detailed analysis on the results and responses of your survey, how to improve the satisfaction of your employees, and how to ask the best questions in the future to truly engage your employees.
d). Energage Coach (Catalytic Coaching). A system to facilitate two-way conversations between managers and employees that help employees manage their careers and align efforts with organizational goals.
5. Content in our Services.
a). The Services we provide can only be provided effectively if you allow us to collect certain information through the Software or the relevant surveys. Otherwise, the results of our Services would be meaningless. As a result, you hereby agree and acknowledge that we will collect information about Company and its employees through the Services which we refer to as "Collected Information". Collected Information includes, first and foremost, the responses we collect from your employees' participation in our surveys. These responses include the actual scores to each survey statement or question and any free-text comments. Finally, Collected Information also includes information provided by Company when signing up for our Services or when submitting information via the "Provide Contact Info" page of our website or Software. We typically collect names and contact details of employees including email addresses so we can directly communicate and send the survey and applicable results to each employee.
b). We use this Collected Information to compile and score participating Companies in the Program, provide aggregated results to a Company with the summary or more detailed results reports. We also reserve the right to utilize the Collected Information and provide such information to third parties for research and analytics purposes including, without limitation, benchmarking purposes, provided that Company and its employees are not identifiable.
c). Additionally, use of the Services are subject to our privacy policies (located here: https://energage.com/privacy/ and here: http://topworkplaces.com/privacy-policy.php, which are incorporated herein and made a part hereof (collectively, the "Privacy Statement"). If you object to your information being used in the manner set forth in the Privacy Statement, you should discontinue use of the Services and notify us immediately. We reserve the right to deny access to the Services to anyone at any time and for any reason. Furthermore, you acknowledge and agree that we have no obligation to retain Collected Information after termination of your use of the Services and that Collected Information may be irretrievably deleted 30 days after termination of your use without any liability to us.
6. About Software in our Services.
When a Service requires or includes downloadable software or software available over the Internet, we provide you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You will be responsible for providing your own Internet access computer equipment, and networks needed to access any associated Software.
7. Fees.
Some of the Services are provided free-of-charge and others are not. For those that require payment, all Services shall commence upon our prompt receipt of the requisite fees, which are also non-refundable. Your fees must be processed prior to the expiration date of any license (generally one year after the start date) in order for the license updates to be performed and the license to use the Services to be extended. In addition to the fees required hereunder, you are responsible to pay all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated hereunder, excluding income taxes on our net profits. You shall reimburse us for the amount of any such taxes or duties paid or incurred directly by us as a result of this transaction. Late payments will incur interest at the rate of 1.5% per month (or the highest lawful rate of interest allowed if lower) until paid. Payments only accepted in U.S. Dollars.
8. Confidentiality, Privacy and Security.
a). Each party agrees not to disclose and will protect the other's Confidential Information (as defined herein) disclosed in connection herewith from unauthorized dissemination and use with the same degree of care that such party uses to protect its own like information, but in no event using less than a reasonable degree of care to protect such information. Neither party will use the other's Confidential Information for purposes other than those necessary to directly further the purposes of the Agreement. For purposes hereof, Confidential Information shall mean all nonpublic and proprietary information of a party, whether transferred orally, visually, electronically, or by other means, and includes, without limitation, the terms of this Agreement, financial, marketing, research and development, technical and other information, our current and future Services including, without limitation, all surveys and survey questions, and software. In the event that either party is required by law, regulation, legal process or court order to disclose any Confidential Information of the other, the disclosing party shall promptly notify the other in writing prior to making such disclosure in order to facilitate that party to seek a protective order or other appropriate remedy from the proper authority. Both parties agree to cooperate with the other in seeking such court order or other remedy, and further agree that if a court order or other remedy is not successfully obtained the receiving party will furnish only that portion of the other party's Confidential Information that is legally required and will exercise all reasonable efforts to obtain reliable assurances that confidential treatment will be accorded to the Confidential Information. Each party agrees that Energage is under no obligation to provide its customers with any information that identifies, or is identifiable to, survey participants.
b). In addition, each party shall comply with all applicable and relevant laws including, without limitation, state and federal privacy laws, and the CAN-SPAM Act. We have taken commercially reasonable actions, including encryption and firewalls, to ensure that Company and its employees' personal information is disclosed only to those designated by Company. However, Company acknowledges that the Internet is an open system and we cannot and does not warrant or guarantee that personal information will not be intercepted by third parties. We disclaim any liability for interception of any data or electronic communications. You are solely responsible for maintaining the confidentiality of any password or other identifier you use to access the Software and the Services, and agree that we will have no obligations with regard to the use by third parties of such password or other identifier. We shall also not be responsible for any breach of security caused by your failure to maintain the confidentiality of your password or other identifier.
9. Ownership.
You acknowledge that the Services are proprietary to us and are protected under United States copyright law and international treaties. You further acknowledge and agree that, as between you and us, we own and shall continue to own all right, title, and interest in and to the Services including, without limitation, any associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Your use of the Services does not grant you any ownership interest in or to, or any other right license, or interest in, the Services including, without limitation, the documentation, associated software, survey questions, and/or survey materials. You and Company hereby grant us a royalty-free, worldwide, exclusive, perpetual, irrevocable license to use or incorporate into the Services any suggestions, ideas, enhancement requests, feedback, recommendations, or other information related thereto provided by Company and/or its employees. The Services are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.
10. Term and Termination.
These terms are effective upon the customer's acceptance, or upon the customer's accessing, and using the Services. These terms shall continue in effect until terminated. We will have the right to terminate this Agreement (including all Order Forms and SOW's) in writing within thirty (30) days after providing such written notice. In addition, we may terminate if you, as the customer, breaches any of these terms by giving you written notice of the breach and our decision to terminate; except that we may terminate sooner or even immediately in the event that you as customer fail to make any timely payment. Customer's sole right and Energage's sole obligation (except to the extent otherwise expressly stated in this Agreement) will be for Energage to refund to Customer, on a pro rata basis, any Fees paid under all Order Forms and SOW then in effect that are unused as of the termination effective date. Once access to the Services has been denied as a result of termination, we reserve the right to impose a reasonable re-connection fee.
11. Our Warranties and Disclaimers
a). We warrant that (i) the Services shall be free of viruses, Trojan horses, worms, spyware, or other malicious code or components and your sole and exclusive remedy for this warranty is we will repair or replace the infected Services; (ii) we will use commercially reasonable efforts to safeguard and accurately maintain Collected Information, consistent with industry security standards and backup procedures; and (c) we are the owner of the Software or we have the right to grant to you the licenses contained herein without violating any proprietary rights of any third parties.
b). EXCEPT AS PROVIDED IN THIS SECTION, WE DISCLAIM, TO THE EXTENT AUTHORIZED BY LAW, ANY AND ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE; AND (iii) WARRANTIES THAT THE SERVICES WILL BE ERROR FREE. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME RESPONSIBILITY FOR SELECTING THE BEST SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES. THIS DISCLAIMER APPLIES TO ANY EXPENSES, DAMAGES OR INJURY, REGARDLESS OF THE CAUSE, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.
12. Liability for our Services.
EXCEPT TO THE EXTENT EXPRESSLY SET FORTH HEREIN, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS INCLUDING, WITHOUT LIMITATION, OUR INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID TO us BY YOU UNDER these terms for the particular product or service utilized or accessed during THE twelve MONTH period IMMEDIATELY PRECEEDING THE INCIDENT WHICH GAVE RISE TO THE LIABILITY. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.
13. Indemnity.
a). We will, at our expense, indemnify and hold you harmless against any claims made by an unaffiliated third party that the Services infringe its patent, copyright or trademark or misappropriates its trade secrets; provided (i) you notify us, in writing, not later than 20 days after you receive notice of the claim, (ii) you give us sole control of the defense and any settlement negotiations, and (iii) you cooperate with us in defending against or settling the claim. Our obligation of indemnification will not apply to the extent that the claim is based on your use of the Services after we notify you to discontinue use due to such a claim, your combining the Services with a product, data or business process including third party add-ons or programs that isn't ours, damages attributable to the value of the use of a product, data or business process that isn't ours, your altering or modifying the Services, including any modifications by third parties; or your use of the Services in violation of these terms. You will reimburse us for any costs or damages that result from these actions. If, as a result of an infringement or misappropriation claim, your use of the Services is enjoined by a court of competent jurisdiction, we will, at its option, either procure the right to continue its use, replace it with a functional equivalent, modify it to make it non-infringing, or refund the unused amounts paid and terminate the applicable license(s). This constitutes your exclusive remedy for third party infringement and trade secret misappropriation claims.
b). You hereby agree to indemnify, defend and hold harmless us from and against any and all claims, proceedings, damages, liability and costs (including reasonable attorney's fees) incurred by us in connection with any claim arising out of (i) any breach or alleged breach of any of your obligations set forth herein, and (ii) your use of the Services, or the use by any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by these terms, regardless of the type or nature of the claim. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of us.
14. Miscellaneous.
a). These terms shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of law rules thereof. Any and all claims arising hereunder shall be brought exclusively in the state courts located in Chester County or the federal courts located in Philadelphia County. You and us agree that the Uniform Computer Information Transactions Act (UCITA) as adopted in any state in which this User Agreement may be performed, shall not apply to this User Agreement. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Subject to the foregoing, the failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any term or provision of these terms are declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation.
b). In the event you fail to meet any of your obligations hereunder or timely pay any costs, fees, taxes, interest or other amounts required to be paid to us hereunder or in connection with your use of the Services, we may seek all available remedies to enforce our rights and you agree to reimburse us for all costs associated therewith including without limitation, attorneys' fees and costs.
c). You may not assign, transfer or sublicense your rights to these terms. Sections 3, 5, 7, 8, 9, 12, 13, and 14 shall survive the termination of your use of the Services, regardless of the cause for termination, and shall remain valid and binding indefinitely.
d). You agree that Energage may provide notices and other communications to you solely by means of e-mail or other electronic transmission. Furthermore, we reserve the right, in its sole discretion, to amend these terms from time to time, which shall become effective upon the earlier of (a) your continued use of the Services after notification of the amendment or (b) thirty (30) days after it is posted at energage.com. If you do not accept amendments made to these terms, you shall immediately notify us and discontinue your use of the Services. Notwithstanding the foregoing, Your continued use of the Services following any amendment to these terms shall be conclusively deemed an acceptance of all such amendments.
e). Unless you provide us with written notice to the contrary, you give us the right to use your company name and logo in print, on-line, and in other multimedia advertising and marketing materials for the purpose of disclosing that you are our customer. These terms and your acceptance thereof constitute the entire agreement between Company and us with respect to the Services, and supersedes all prior agreements between you and us related there to.
– End of terms. –


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Designed for Billabong, this Toyota Venza by Street Image has the requisite body kits, wheels and paint for a SEMA vehicle. It even has a winch to pull boarders. But it's the surfgasmic headliner grabbing all the attention.
Yes, a Toyota Venza with a built-in shower for post-surf rinsing and a TRD brake kit is distinguished not by the seats made of wet-suit material or the built-in WiFi (seen it, done it). Custom headliners aren't completely new, as anyone who has traveled in the back of a stretch Hummer can tell you, but this one may start a new era of tackiness in mainstream custom vehicles.

subset: commoncrawl


text:
Wednesday, November 11, 2009
Lanvin Inspired Bracelet
Seriously? $890 for some ribbon and faux pearls?
I made this bracelet in about 30 minutes using supplies I had lying around.
I'm sure I could replicate the necklace completely with a trip to the craft store.
Here are the basic instructions.
I used some satin ribbon, a broken pearl necklace and thread. Next time I will use grosgrain ribbon and a strand of embroidery thread, as I think they would be better suited to the project.
I started about 12 inches from the end of the ribbon sewing the pearls on with a basic running stitch, leaving a space the size of a pearl between each bead.
back view
For my bracelet I used eight pearls
Once my pearls were on I started pulling the thread, just like you would if you were gathering fabric.
This is what it looks like all gathered
I tied a simple knot by the last pearl, at each end of the bracelet
Thats it. If I make these for gifts I will buy some jewelry findings and put a proper clasp on, but I did this on the fly, and it worked out pretty well.
60 comments:
- Jaeyde said...
I found your site ages ago through a series of followed links and I've loved the crafts you posted.
This one's great too! Perfect reuse of a broken necklace - who doesn't have a broken string of faux pearls? :P
- November 11, 2009 4:44 PM
- Dorothee-Maria said...
Good job! :)
And thank you for sharing this idea. Kind of bracelet like this will be part of my sisters advent calendar now... :)
- November 12, 2009 2:28 AM
- Infarrantly Creative said...
$890 seriously? That is insanity. Did you see my knock off Anthropologie necklace I did a couple of days ago. So fun to make something that looks expensive for nothing!
- November 13, 2009 9:48 PM
Oh my I love it and will partake in tomorrow. Thanks for the tute!
- November 13, 2009 10:03 PM
- Jocelyn said...
LOVE it! Such a fun bracelet that can be made even for a little girl to wear! I am gonna make some for my little girl and nieces!!!Thanks!
- November 13, 2009 10:28 PM
- Mama Thompson said...
Thanks for the tutorial...I have seen those necklaces and thought they were so cute...I totally have the stuff to whip one up too! And I think I shall!
- November 13, 2009 11:38 PM
- Linds said...
GET.OUT. Where have I been all my life? You're the best!
- November 14, 2009 1:30 AM
- Its So Very Cheri said...
Wow--those look just like one of my vendors jewelry.
Your new follower
- November 14, 2009 2:26 PM
- Petit Design Co. said...
your version is awesome! not to mention $888 Cheaper!!!
- November 14, 2009 3:22 PM
- Sooticas Dream said...
LOVE LOVE LOVE it......now where'd I put my beads *scratches head*
- November 14, 2009 4:21 PM
so pretty and what a clever idea. love ur blog.
- November 15, 2009 7:30 PM
- Holly said...
beautiful! Thanks so much for the tutorial!
- November 15, 2009 9:32 PM
- Encarna said...
Thanks! It's so beautiful!
- November 16, 2009 5:15 AM
- COMPLEMENTOS MERBO said...
Thanks from Spain!!
I'll try to do it!
It seems so easy...
It's beautifl!!!
- November 16, 2009 4:28 PM
- Sara said...
Thanks os much, great Tutorial and project! Wouldn't this be great trim for a cuff? Or with some home decor item?
Check out my blog http://www.creativejewishmom.com for lots of crafty projects!
- November 18, 2009 7:21 AM
- firstname.lastname@example.com said...
Ooh that's beautiful! Thanks so much for sharing this, I'll be linking.
- November 18, 2009 4:54 PM
- Megan Gilmore said...
I found your blog through One Pretty Thing and love it! I'll be linking this project through my blog at aliveradiantfree.com.
- November 19, 2009 12:47 AM
Great post! Found you on One Pretty Thing. I bet you can make these for less than 1% the cost of Barneys' version! Gads the rich are so ridiculous!!
- November 19, 2009 5:13 PM
- Beetle said...
very good idea, i am from Turkey and i found your link at a turkish craft website. can i try your version ?
- November 19, 2009 6:04 PM
- Beetle said...
very good idea, i am from Turkey and i found your link at a turkish craft website. can i try your version ?
- November 19, 2009 6:05 PM
- en-rHed- ando said...
Thanks! It's so beautiful!
- November 20, 2009 2:59 PM
- Irene said...
So wonderful! ^_^ I like it so much ... thank you fot the tutorial!
- November 21, 2009 10:11 AM
- Tiffany said...
i love this bracelet. You have great taste. I will be linking from mypetitepurse.blogspot.com
- November 21, 2009 7:40 PM
- Micah said...
this is fabulous! I am so inspired! Have you made any with clasps yet? If so I would love to see them...this is simply amazing:0
- November 22, 2009 12:09 AM
- Just say Julie said...
Love them! I may make up a batch for the lovely ladies in the front office. What fun, and easy enough for me!
- November 22, 2009 11:16 PM
- Darža said...
Thanks so much for the tutorial! What a grea idea! Thanx
- November 23, 2009 4:22 PM
- Ralu said...
so simple and pretty! thanks a lot :)
- November 24, 2009 3:40 AM
- Kudzu said...
so cute, and do-able-and i'll wear it! thanks for sharing.
- November 24, 2009 10:47 PM
- Chanin said...
This is adorable! Thanks so much for the tutorial! Can't wait to make one!!
- November 26, 2009 12:43 AM
- everyday inspirations said...
Your post is awesome! Thanks for this tutorial :) I had been eyeing up the at Stella and Dot for awhile, but can't find it in me to spend the $44...the other one is sooo expensive! I can't believe you made yours - what an inspiration!
Stella and Dot also have the matching drop earring to go with the necklace...perhaps another project with smaller beads? You can find the Stella and Dot jewelry here:
- November 26, 2009 1:24 PM
- MCW Beads and More said...
I love the idea. The instructions are clear.
- November 26, 2009 7:32 PM
- Steph @ somewhatsimple said...
Me and my 3 SIL's just made these together! Thanks for the great tutorial! I am featuring this on my site!
- January 04, 2010 1:07 AM
- gilstrapdesigns said...
Thank you for sharing all of these great projects. I just found your blog but I will be back again.
- January 09, 2010 8:11 PM
- our delightful life said...
Love the bracelet. I'm going to make this tomorrow. Just wondering, did you making any others with a clasp? I'm trying to figure out how to do that. Thanks!
P.S. Love your blog!
- January 15, 2010 12:09 AM
- Katrina said...
Oh I've made these bracelets before! They are so simple and yet so very elegant!
- January 23, 2010 6:00 PM
- MooBear Designs said...
WHAT?? 890 BUCK? I think not!! Good on you. I just discovered your blog buy hitting the "next blog" option at the top of my blog and have been blown away by your creations and inspirations!!! I could comment on every post but I think that's called stalking and you might report me for abuse hehe... So happy I found your blog!!
xo Steph
- January 24, 2010 1:36 AM
- Linda aka Crafty Gardener said...
Love your pearl bracelet (found my way here from a site I visit regularly). I've been thinking of makins some pearl bracelets and this might just be the way to do it. Thanks for sharing.
- January 24, 2010 5:59 PM
- The Beading Gem said...
I can't believe the Lanvin piece was so expensive! Your tutorial is just brilliant! I will link in an upcoming post.
- January 30, 2010 5:49 PM
- Gilly said...
Oh I think thats absolutley divine You are so very clever and Im so glad I found your blog. Thanks for the inspiration.
- February 01, 2010 5:58 AM
- Jill said...
Great job! I really like this.
- February 05, 2010 9:49 AM
- Jessica Stier said...
I love this project! I love pearls and ribbons. It's the perfect combination!
I am gong to add your site to my RSS feed. I'm so glad I stumbled across it.
- February 13, 2010 1:56 PM
- Nadia Marie said...
First of all, $890 for a piece of ribbon and faux pearls is completely insane! I would rather have my very own, uniquely handmade necklace and bracelet combo any day! Thanks for posting this! I love it! I think I will soon make one for myself! You are so awesome, Tricia!
- March 13, 2010 8:17 PM
- Debs - debslosingit.com said...
What a cute idea! I may have to make one too! So simple!
- May 14, 2010 7:39 AM
- precious said...
This one's great! Thank you for sharing this idea. It's the perfect combination!
swarovski crystal bracelet
- July 03, 2010 3:35 AM
- Elisa said...
Thank you for posting this. I'm going to make one now :)
- July 12, 2010 1:28 PM
- This comment has been removed by a blog administrator.
- August 23, 2010 5:34 PM
- HJC Editor said...
Your tutorial is an awesome inspiration! Many thanks for sharing. I would like to feature your designs at http://www.handmade-jewelry-club.com/
Contact me here if you have a concern.
- January 31, 2011 10:45 PM
- Merry Makes.. said...
What's with the $890 price tag? I think they meant to put a dot between the figure 8 and 9 to make it $8.90!
Beautiful! I love pearls myself and recently found myself having to defend them as a must-have accessory for every woman!
- February 12, 2011 5:01 AM
- Silver Daisies said...
Thanks for the great tutorial! It's been featured over at my blog! http://lillianpearl.blogspot.com/2011/03/sunday-inspiration.html
- March 20, 2011 6:17 PM
- This comment has been removed by a blog administrator.
- September 08, 2011 3:43 AM
- Unknown said...
Such pretty pearls, love the attention to detail. From Engagement Rings
- February 23, 2012 3:42 PM
- Unknown said...
I've been looking for this tutorial for ages!thank you so much!:)
- April 04, 2012 2:26 AM
- Muhammad Atif said...
Hand made work for making such bracelets is creative work, Freshwater Pearls would be a good choice.
- May 15, 2012 1:16 AM
- JewelryRage said...
I like your version a whole lot better then the one for $890!
Jewelry Rage
- May 30, 2012 2:30 PM
- CraftLee said...
Hi there ! What a fab bracelet & super tutorial - your photographs are great ! I just wanted to let you know that I have featured this bracelet in my blog post today with a link back to you - hope you dont mind ??
S x
- November 02, 2012 8:04 AM
- Unknown said...
- March 01, 2013 10:42 PM
- Unknown said...
Your really inspired. This kind of brace was awesome. I want to try this one. I bought last week Custom Silicone Wristbands for our organization for identification. I will introduce this bracelet as a fundraising proposal. Thank you.
- March 19, 2013 5:04 AM
- Unknown said...
Supercute! I LOVE IT!!
i'll do it for all my friends :)
Thanks for sharing!
xx Zoe
- March 19, 2013 7:29 PM
- Unknown said...
What I love about bracelets is that they look elegant and beautiful.
Pearl bracelets
- January 28, 2016 1:49 AM
- Unknown said...
- This comment has been removed by a blog administrator.
- April 07, 2017 2:41 AM


text:
The Bourrie syndrome
More red herrings, straw men and decayed logic. Give it up.
BTW, it's "Dr. Bourrie".
Of course, his response was a non-response. His non-response is ironic in that it demonstrates that he has 'given it up' The only thing marginally of a substantive nature is that he is disturbed that I often refer to him as Bourrie rather than Dr. Bourrie in my posts. Big deal, particularly given the fact that the only time that he referred to me by name in his posts, he did not give me a title or first name; the referral just used my last name.
Last name, title or no title, why get hung up on this rather than dealing with the issue? Well, maybe it is a major issue for Bourrie. In dealing with the prof student issue, Bourrie invokes professionalism ad nauseam; his appeal or rationale for his position is that he is defending professionalism. And in that context, professors having sex with students in his terms is an attack on professionalism which functions to demean the reputation of Concordia University or any university that does not ban these relationships and in the present case such functions to demean the reputation of the faculty of Concordia of which he is a member. So, consequently, Concordia's non-banning of these relationships, in Bourrie's terms functions to demean his reputation. And Bourrie is baffled that a prof engaging in said behavior is not concerned about reputation. In fact, at times he implies that he is protecting the reputation of the offending professor.
So such MAY be the reason that Bourrie is so zealously promoting his agenda on this issue. Ultimately, to a significant degree, it is about himself, his reputation and his professionalism. The most troubling aspect of this is that in his defense of self and professionalism, he throws out fundamental issues such as the right of adults to engage in consensual relationships as "crap". And, of course, he trashes others by arguing they do not have the ability to consent; for him women involved in such relationships do not speak for themselves since they cannot speak for themselves. Once again we have the Man defining a woman's reality- she is exploited because "I" say so; he doesn't have to consult with them. He treats women as if they are children even though he at times argues that age has nothing to do with it. But I would argue that it does for Bourrie, for most likely Bourrie seems his self as an adult protecting female childlike students. Such is not terribly surprising since all of us at one time linked child and student together and teacher and adult together and some of us have not grown up to understand that at a certain point the linkage ends. Too many of us have this default assumption equating student and child and professor and adult and therefore such relationships are always exploitative. And the true believer is able to do whatever he/she believes is necessary to wipe out the scourge, to protect us from evil, or as Anita Bryant once said, to save our children.
The problem for all of us is who is going to protect us from the likes of Mark Bourrie? You have to have a strong skin to deal with Bourrie and his ilk; he already has tried to cast me away as a prof who supposedly seduced his male students. Of course, those who know me, know I seduced no one, much less male students since I plea guilty to being a committed heterosexual. Ultimately, the bottom line for us is that we must be able to protect ourselves from the seductive argument of Mark Bourrie. No external authority will do it. No professional or politician or preacher will do it, no one but ourselves will do it.
My prior posting to Bourrie's blog follows-
"The "consenting adults" stuff is just crap. If there was some sort of Charter right in that regard, surely doctors and lawyers who have been disciplined by their professional associations would have relied on it as a defence."
and in his first point he states-
"1. The power imbalance between students and faculty, raising the question of whether real consent can exist. That's why the "consenting adults" argument is a red herring."
Bourrie find the argument regarding the rights of consenting adults to be "just crap". So much for his version of professionalism. I would argue that almost all persons who have seriously engaged issues regarding sexual behavior would argue that consent is of central concern, ethically and legally. Taking adults ability to consent away by a third party is damn serious business. It is so serious that the burden should be on the third party who argues there is no consent to prove there is no consent. And to emphasize the seriousness of the issue, let's put this in rather stark terms. Where there is no sexual consent, there is rape. Even though Bourrie applies demeaning and degrading rhetoric to these so-called predatory professors, he doesn't call in his terms a spade a spade; he does not call these profs rapists. Calling them rapists might function for some to show how transparently absurd is his argument.
Bourrie invokes the medical and legal professions in defense of his argument that universities can prohibit student professor relationships; doctors are banned from having sexual relationships with their patients and lawyers with clients although I think that the lawyer client ban is more variable, more tenuous. But what Bourrie does not say is that the medical profession does not ban intimacies between medical professors and medical students and the legal profession is far from uniform in banning such relationships between law profs and law students.
Just looking at the medical profession, just about anybody would be able to tell you there is a giant leap from being a patient and a doctor to that of being a student and professor. Patients are not a part of
a medical community; students are part of a university community. Patients don't work, study and assist
medical doctors; students often do all of the aforementioned with professors. Patients don't hang around the doctors office, students hang out throughout the university campus. Patients don't socialize with doctors; professors and students socialize and are often encouraged to socialize by university administrators. Bourrie would like to have the university function like a hospital in terms of standards and practices with students. God help students and professors if such becomes fully the case; unfortunately such is gradually becoming the case.
And I don't want to let the medical and legal professions get a pass re Bourrie's power imbalance issue. Power imbalances are rife throughout the medical world. Does Bourrie really believe that relationships between doctors and nurses are banned and do not occur? That relationships between doctors and med techs are banned and do not occur? Between doctors and medical staff? I will leave it for Bourrie's imagination to determine how the ethically engaged legal profession in the real world deals with the power imbalance issue.
I will say this in the legal area- Bourrie would be laughed out of court if he came and testified that he knew that in all student prof affairs there can be no consent, case closed. As indicated, it would be Bourrie's responsibility to testify regarding a particular case and if he were an expert witness to present
evidence that consent was diminished or abolished in the particular case under consideration.
And if Bourrie is adverse to power imbalances and power abuses, he must know that appointing persons to investigate and control the sexual behavior of others in private requires a power imbalance and is essentially equivalent to power abuse.
I will now skip to Bourrie's point 5 which is relevant to the points I have just made.
5. The potential liability of the university when it enables this to take place.
I do not believe there is an issue here. I know of no case in which a university was sued successfully for not prohibiting consensual relationships. Who would be doing the suing, not the consenting parties, but some third party, such as Dr. Bourrie. Maybe Bourrie might consider suing Concordia for not prohibiting such relationships. Even Bourrie saying that the university enables these relationships is problematic. Where there is a large number of eligible persons in terms of dating and mating concentrated in the same geographic area, relationships will occur; relationships will occur between profs and students, no matter what the university policy. Of course, if female students did not find some professors attractive, there will be no consensual relationships in this area. For this to occur, we will need some coercive mind manipulation and control and I am sure Bourrie would not want that.
Bourrie's point 2-
2. The real and apparent conflict of interest re: marks, scholarship evaluation, internships, TA and RA hirings and assignments, and other out-of-class evaluations.
As for conflict of interest, I believe that Concordia as well as most other universities have conflict of interest policies. Where conflict of interest situations occur, the university should attempt to deal with them. No need for a special sexual conflict of interest policy. Of course, the conflict of interest policy as indicated by Bourrie is directed to having fair and objective treatment of students in terms of their various evaluations. Unfortunately, the university is terribly derelict in this policy, such is so apparent in that the university never ever warns profs or anyone else not to differentially treat students or colleagues in terms of personal attractiveness or in terms of personal relationships. I know Bourrie feels the sexual component is different. I don't. The issue is the same. The issue is creating an environment where it would be unthinkable to grade students based on personal preferences. I know it is an anathema to me.
I know I never let any kind of personal relationship interfere with how I graded a student, etc. And in terms of apparent conflict of of interest, in my case such was not relevant since my private life was private. In any case, universities are terribly delinquent in dealing with conflict of interest policy, particularly when it deals with money. I suggest that people taka a look at the University Diaries blog
and see how medical schools deal with conflict of interest issues.
3. The disruption to the teaching environment, as other students believe a conflict and favoritism may exist.
Unfortunately as I have stated previously, students often feel there is favoritism with student x getting a better grade than oneself. Such is rife amongst students; I got a C because the prof did not like me, etc. etc. Does Bourie think that students do not frequently think that he grades based on personal preference.? This belief generally has little or nothing to do with reality. If, IN FACT, a personal relationship of a professor disrupts the learning environment, the student or students should be able to file a complaint and there should be an investigation. I know that Bourrie thinks such disruptions due to a student prof relationship are frequent. I beg to differ. It is rare. Bourrie will of course know of the exceptions, professors and students who are discreet will not be known by Bourrie.
4. The discomfort of students who do not want to be approached by professors seeking a relationship.
Of course, this can be an issue. And when it occurs, such should fall under the sexual harassment policy.
And, of course, Bourrie seems not to get it- that for a relationship to ensue, the professor does not have to approach. In my experience, the "approach" was by the female student or it was apparent that there was a mutual attraction. Or, on a more pedestrian level- I first dated my wife to be after the class ended, after Spring semester. She was not a student of mine in the Fall and we dated and had a serious relationship. Then she told me during registration for the forthcoming Spring courses,, she wanted to take one of my courses and if it was OK with me. I told her that her question was misdirected; the issue for her is whether it was OK with her. I treat all my students the same and as a student I treat her the same as all other students. It was her call to make, not mine. And, I know, unfortunately, there will always be people who think the worst, that she was prostituting herself for the grade; that she was a gradedigger. If you live for these people, then you will end up leading a horrendous life, trying to please people who always think the worst of others.
6. The affect of this behavior on the university's reputation, as people in the community believe students can literally screw their way to an A.
People will believe what they want, no matter what the policy of the university. I would question if a university's reputation will go up if they adopt such a policy. Will the status or prestige of Concordia or UT, really change due to this policy? Did the prestige of UC Berkeley go up after a policy was adopted.
In any case, reputation and prestige should be no rationale for taking away fundamental rights such as
choice of romantic partner.
And might I ask Bourrie, did Clinton's prestige among the voters at large go down and remain down after his relationship with intern Lewinsky was revealed? And now as a "retired" person living with my wife who was my ex-student and meeting persons from all walks of life, including professors, and in terms of getting acquainted, we often relate how we met to others, and no person has ever responded with any degree of negativity. And if our past was a problem for them, then adios. And if we violated the so-called professional standards of whatever profession, no guilt from this party. I feel sorry for people who forego the opportunity to love and be loved in the name of professionalism. In the name of love, I sign off, at least for now.
1 Comment »
I am a University female student. I believe that the idea of professionalism as Dr. Bourrie interprets it falls into the category of societal stigma against sexual relationships. The age old fight between society and romantic love plays it self out in all aspects of what it means to be professional in any public institution (school, doctor's office, law office, corporate building etc.). I agree with the sentiment of not allowing people to take away the fundamental right of a person to choose a romantic partner. However, every intimate relationship in which a distinct "power balance" within the public sphere is easily identifiable needs to be addressed with much discretion.
There is no perfect solution to these types of issues, but blatantly restricting a person's choice in sexual partner regardless is quite the opposite of ideal and should be treated as such. If people were more inclined to side with romantic relationships as opposed to societal doctrine (which they aren't, but only because of the fear instilled by societal doctrine), they would not stand for such restrictions. Unanimous anonymous vote in favor of defending freedom of choice in the area of romantic love would likely be the response to this issue were it opened up to a well-informed public without fear of retaliation on the part of any societal institution.
Comment by P.J.D. | April 12, 2009 |
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My liquid looks like a tile floor, switching the texture in that frame does nothing.
How do I designate a texture to be the liquid texture?
This would also be useful in making "windows" so any help would be appreciated.
philtron wrote:Create a terminal that gives a narrative reason why the water looks like tiled floor.
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High Neck Top To Try This Season
Clothing makes the status of the person. Designers use fashion trends as a great tool to deliver their message about society. Dressing style has totally changed from the past times. But style ideas provided by Newfashionsecrets will definitely help you enhance your style. These high neck top for women will help you dress cool and comfortable.We provide you the best trending outfits for this that will raise your style statement. Fashion doesn't remain same at all the time it changes from time to time. But we will help you to be fashionable and trendy by providing latest trends.


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Effective July 22 you will begin to see a "Request" button when you are in the library catalog. Use this feature to place a hold on items already checked out, or to request an available item be held for you. Some materials, such as items from the Youth Collection, may not be requestable.
Requests for available items will be available within 24 hours Monday-Friday. You will receive an email notice when your item is ready for pickup.
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Dog treats known as pizzle sticks or bully sticks, made from bull or steer penis tissue, were found to be packed with calories and some were contaminated with bacteria, according to a study led by veterinarian Lisa Freeman of Tufts University's Cummings School of Veterinary Medicine. "While calorie information isn't currently required on pet treats or most pet foods, these findings reinforce that veterinarians and pet owners need to be aware of pet treats like these bully sticks as a source of calories in a dog's diet," Dr. Freeman said. Bacteria found on the treats include Clostridium difficile, methicillin-resistant Staphylococcus aureus and E. coli. U.S. News & World Report/HealthDay News
MONDAY, Jan. 28 (HealthDay News) — Popular dog treats called bully or pizzle sticks may contain more calories than expected and could be contaminated by bacteria, according to a new study.
The treats are made from the uncooked, dried penis of a bull or steer.
Researchers examined 26 bully sticks made by different manufacturers and found that they contained between 9 and 22 calories per inch. That means that the average 6-inch bully stick had a total of 88 calories, which is 30 percent of the daily calorie requirement for a 10-pound dog and 9 percent of the daily calorie requirement for a 50-pound dog.
"While calorie information isn't currently required on pet treats or most pet foods, these findings reinforce that veterinarians and pet owners need to be aware of pet treats like these bully sticks as a source of calories in a dog's diet," study first author Dr. Lisa Freeman, a professor of nutrition at the Tufts University Cummings School of Veterinary Medicine, said in a university news release.
"With obesity in pets on the rise, it is important for pet owners to factor in not only their dog's food, but also treats and table food," she added.
The researchers also found that about one-third of the treats were contaminated with bacteria. One stick had Clostridium difficile, one stick had methicillin-resistant Staphylococcus aureus, and seven had E. coli.
All pet owners should wash their hands after touching such treats, as they would with any raw meat or raw meat diets. Very young children, elderly people, pregnant women and people with weakened immune systems should never touch or handle raw animal-product-based treats and raw meat diets, the researchers said.
The study was published in the January issue of the Canadian Veterinary Journal.


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With imagination in full gear, three-year-olds are entering a peak period for pretend play. And they LOVE to ask questions—about everything! Have fun encouraging self-expression and rich, exploratory play for your increasingly independent three-year-old.
She likes dressing up or pretending she's someone else
He loves to move and does not care to be still
She's reassured to hear that people love her
He begins to compare and contrast himself with others
Basic ball play—like catching or kicking a ball—can improve balance and coordination
He can throw a ball a short distance and can catch it if it's thrown directly in his arms
She starts drawing faces and people
He can make balls, sausages and figures out of play dough
Her squiggles begin to look like writing
He shows sympathy for storybook characters
Begin with full instructions about starting, stopping and steering. Set the vehicle on its slowest speed at first to give your child some warm-up time.
Safe and sure. Make sure the area your child is riding in is not only safe, but also big enough to make turns. Always directly supervise your child and be certain she's absolutely clear about where it's safe to ride.
Practice makes perfect. Set up an obstacle course with traffic cones or kid-sized road signs you've made together. Tell your child about some of the basic traffic symbols, and point out real road signs as you're driving together.
Taking turns. If your child is sharing the vehicle with a sibling or friend, a timer can be a helpful, impartial "announcer" when it's someone else's turn to drive.
Parking spot. Find a safe place for your child to "park" his vehicle in your garage or shed, with the responsibility to return it there when he's done driving.
Show interest in your child's creations. If you can, stop what you're doing and check it out when he says, "Hey, Mom! Look what I made!" or "Watch this dance I made up!" Set aside special time when you can focus on your child. Ask her to demonstrate her work, and praise her abilities.
Encourage self-expression.. Can he explain why he's created a certain drawing or video? Or why she thinks her music sounds a certain way? Encourage talking about ideas and feelings.
Capture memories. Let your child take photos to document experiences. Help add special effects or a fun digital border.
Music, please. Make sure your child is exposed to music and art. Take a trip to a gallery or sculpture park, attend plays and concerts just for kids.
What if … Prompt imaginative play with different scenarios once your child is familiar with a toy.
Point out heroes in your neighborhood, country or the world. Explain why heroes are special people. Your child is still too young to really know about current events, but remember how much kids absorb from hearing the news or adults' conversations.
Tell me a story. Asking your child to tell you about what he's pretending will encourage thinking and help develop language and communication skills. Every once in a while ask, "What did your superhero do today?"
On your mark, get set … For guaranteed fun, get down on the floor and play right alongside your child. Bring other vehicles into the play, then find yourselves in a race!
Create imaginary scenarios for play. Does your racecar need to stop at the garage for repairs? Use a play tool set or child-safe real tools (with your supervision, of course) to add to the fun. Tell your child the name of the tool and what it's used for. Talk about how other tools are used.
I recommend a variety of toys for learning, not just those labeled as such. In some way, all toys have some learning benefits. In fact, you'd be amazed by what children can learn from even the most basic toys.
Play helps children learn about themselves and their understandings of their expanding physical and social worlds. Play gives children opportunities to figure out how things work, how to get along with others and to try on new roles.


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Wow- "South Park" is now old enough to drive. I remember first hearing about it through a chat site in 1997 that's now long-gone (which I visited on my Sega Saturn NetLink!), with me and a few others asking just what "South Park" was after someone mentioned it. I learned that it was a cartoon on Comedy Central, and since I did not have cable then and still don't (for enough reasons I could fill an entire article with), all I knew for a while was the characters that started showing up on T-shirts and mentions of it on newsgroups and such (I remember someone referring to it as "Charlie Brown on speed.") Pictures online were still pretty rare then, and videos weren't even a possibility.
In early 1998, Rhino started releasing the first few episodes on VHS at a rather low price- since I wouldn't get into DVD for a few months yet, and had long been resigned to stuff like this not coming out on laserdisc, I bought the tape containing the first two episodes and was immediately hooked. The next day I bought the remaining two volumes, and by the time the next VHS volumes were out I had finally surrendered to DVD and as luck would have it Rhino decided to release DVD volumes as well. This was long before the term "binge-watching" had been coined, but from then on I always looked forward to "South Park" DVD releases as it was always the first time I would see the episodes contained on them which I would usually watch in one sitting, wanting more after they were over. The first six DVDs had the episodes in sequence, then a series of six "best-of" discs were released over the next couple years which angered many fans who wanted to keep getting every episode in order. I was a bit annoyed as well but bought them anyways, as I was just happy to get any episodes I could watch without the annoying onscreen Comedy Central logo or commercial interruptions. Eventually full season sets started being released, which I faithfully bought on release date along with a few extra "best-of" releases that still trickled out, even ones containing redundant episodes being an obsessive collector. Starting with Season 12, Blu-Ray discs started being released as well.
Which brings us now to Season 16, comprised of 14 episodes on two discs- "South Park"'s popularity may have already peaked many years ago, but it still has a pretty strong fan base. In my opinion some of the later seasons weren't as laugh-filled as the earlier ones, but I'm sticking with it nevertheless for as long as it keeps going. While it's now possible to watch episodes online, free of screen clutter with little to no commercials and no cable subscription required, I've still preferred to wait for the disc releases and watch each season in large doses. I was a bit concerned for this season's release as the past few were out during the year's first quarter, but better late than never.
So what's changed? Well, we still have the primary characters who are still in 4th grade (they began the series in 3rd but graduated to the 4th during the fourth season of the series and have since stayed there). Series co-creator Trey Parker voices Eric Cartman, the overweight kid who mostly thinks only of himself, and Stan Marsh who most closely resembles a character out of the "Peanuts" series. The other co-creator Matt Stone voices Kyle Broflovski, one of the only Jewish kids in town, and Kenny McCormick, who comes from a low-income family and never fully shows his face, usually hiding it in his orange hood and speaking in a muffled voice that the audience can never understand but everyone in the show seems to. Kenny traditionally was killed in every episode but since the show's seventh season usually survives- in this season he only dies in one episode. Most of the supporting characters we've grown to love remain, although most notably Wendy Testaburger is reduced to a background character here and wheelchair-bound Timmy, who was once a "new" character given a lot of attention, rarely appears here as well. Ironically Stan's grandfather, who in the show's first season wanted to be put out of his misery, is still alive and kicking, or at least alive and confused.
I did notice this season that they seem to have toned down the references to celebrities- plenty still get mocked here (including James Cameron and South Park favorite Ben Affleck), but not in every episode as they seemed to be before. Eric Cartman doesn't seem to be as big a jerk as he has been previously also- he's actually borderline nice sometimes here, but his shining moment this season is getting a mobility scooter through his insurance and then demanding everything around him be modified to accommodate it. Leopold "Butters" Stotch, one of my favorite 'later' characters, is still as funny and naive as ever though.
The animation style has evolved but keeps with the spirit of the pilot episode, which was done with paper cutouts. Every episode since then has been animated via computer, but retaining the paper cutout look via scans of the original elements while allowing appropriate visuals (such as explosions) to appear more sophisticated. It's always been fun to spot new objects created for specific episodes and then re-used subsequently. If you look closely you can see many subtle callbacks to previous episodes as well.
Most of the episodes in this season are winners. The first one here, "Reverse Cowgirl," continues the show's tradition of shameless toilet humor with the government stepping in to regulate bathroom safety. We're even educated on John Harington, credited with the invention of the flush toilet. In "Cash For Gold", shopping channels and their cheap jewelry get a good jab as the town's elderly are tricked into spending their life's savings on it. "Jewpacabra" joins South Park's long list of mythical creatures in an Easter-themed episode, while Cartman later plays Cupid with an ulterior motive in "Cartman Finds Love", complete with a love ballad sung by Cartman himself. "I Should Never Have Gone Ziplining" breaks the show's traditional format, presenting itself as a TV documentary on tragic events- in this case where the kids decide to go ziplining up in the wilderness (a tourist attraction consisting of ropes to ride across) and discover it to be incredibly lame and boring.
"A Nightmare on Face Time" is this year's Halloween episode, and one I was most looking forward to seeing as it involves Stan's father buying the town's Blockbuster store and being shocked when no customers come in. It goes for a parody of The Shining with the Blockbuster store standing in for the deserted hotel. Although they don't take any shots at the reasons why I never liked Blockbuster or my personal theories as to why it's declining now, instead mainly stating that renting DVDs is "as old as Madonna's boobs," (as Stan watches a movie on his iPad) it's still pretty hilarious. (I just wish they would have at least included a reference to VHS.) The 'Play All' option will give you two hours and 36 minutes on each disc, and both of them just flew by with me wanting more- a good sign since I had felt some shows in the previous seasons dragged a bit and watching those discs straight through was somewhat tiresome.
"South Park" has always included profanity in its dialogue, which initially was bleeped out both on cable and the home video releases. It had been said that the show's creators felt that the bleeped profanity was funnier than having it said out-right (and the very first episode certainly illustrates this) but since Season 11 all dialogue has been left uncensored. It's noticeable that since that began, profanity has been used more liberally and in many cases would not make a lot of sense if it had been bleeped.
The 1080p, AVC-encoded video on these discs is on the same level as the previous four Blu-Ray sets, with just the right level of sharpness and small details, such as words printed on signs in the background, easy to see. It's been a definite improvement over the older standard-def episodes which had inconsistent levels of picture quality, though "South Park" was never intended to look "perfect". I did compare the picture quality of some of the online episodes to those on the discs, and while the online video has usually looked very good there was still no contest between that and the Blu-Rays.
Audio is in 5.1 Dolby TrueHD, with an option also for 2-channel standard Dolby Digital. The audio quality here is consistent as well, compared to the older episodes which sometimes had excellent stereo effects while others were practically mono. The surrounds aren't used very effectively however, as I mostly noticed only music carrying over into them. The front soundstage however is excellent, with most episodes having only the dialogue in the center channel with the music and sound effects in the left and right, with the occasional panned dialogue as well. (The sound on all of the online episodes I checked from this season was in mono, another straight win for the Blu-Rays.)
English SDH subtitles are included. The Season 3 DVD set was the only one to include French and Spanish dubbed tracks, which were hilarious and I was disappointed that they weren't included on the further seasons.
Extras are pretty light this time around- Disc 1 has about five minutes of deleted scenes from a few episodes, most of them in near-finished form but one only as a storyboard. One of the deleted moments includes an extremely tasteless joke from Jimmy that I'll confess had me laughing out loud.
The "mini-commentaries" from Trey Parker and Matt Stone, which began with the third season's DVD set, continue here where the co-creators talk for an average of five minutes per episode, usually just telling us how they came up with that show's ideas.
The packaging format remains the same from the previous Blu-Ray releases, with a slipcover holding a two-disc "digipak" sleeve with synopses of all episodes and full-color printing on the discs to match the artwork on the cover. Given that many recent releases have skimped on disc printing and packaging, it was good to see this remain consistent.
I've looked forward to every "South Park" disc release since the first ones in 1998, and while this one took longer than usual to be released I'm glad it made it out. Although "South Park" may not be as big as it was years ago and a few episodes haven't been so great, this season shows that Trey Parker and Matt Stone have still "got it" and the show has plenty of life left in it. I had heard them say that they want to try and continue it at least as long as "The Simpsons" continues, and as of this writing their contracts have been extended to a 20th season, so we still have more to look forward to. The 16th season in particular has been the most solid in a while, and first-time viewers should still find it very entertaining although I'd suggest watching at least some of the first season's episodes first in order to truly appreciate the characters.
Jesse Skeen is a life-long obsessive media collector (with an unhealthy preoccupation with obsolete and failed formats) and former theater film projectionist. He enjoys watching movies and strives for presenting them perfectly, but lacks the talent to make his own.


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Katie Kemple's back with more ideas about how dance (or really, any performance art) can help you build skills that will serve you well as a speaker. Posting on the Women Grow Business blog, she offers us part 2 of her lessons-learned from her time working as a bellydancer. Once again, she does a great job tying her performing to concrete steps speakers can take to rev up their storytelling. Here's a sample from one of her key points, "Encourage participation:"
I always knew I was having a good night when the audience got up to dance. It meant I had converted them from audience members to participants. That's why as a speaker, I try to give the audience an opportunity to act. Whether it's raising a hand, offering a comment, or demonstrating a concept, when you involve people, you win advocates. And that additional support is what often converts a presentation from mediocre to memorable.Kemple also includes tips on repurposing your best stories, strong starts and finishes, and communicating with heart. Enjoy this extended view from the dancer's stage to your stage.


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Why Immigration Reform Is Likely in 2013
Many Republicans argue that their party needs to reach out to Hispanics to stay relevant in national elections.
Is 2013 the year for immigration reform? It sure seems that way. Even as Congress remains divided on many other issues, the prospects for a major overhaul are the best they've been in years.
The Senate, for sure, will pass a broad immigration package, backed by Democrats and some moderate Republicans. The fight will be more difficult in the GOP-controlled House, where hard-line conservatives will try to resist the push by more-mainstream Republicans to make big changes.
But, in the end, don't be surprised if a bill sneaks through and is signed by President Obama this fall, with House Speaker John Boehner (R-OH) at his side.
The reason? The political winds have shifted since 2007, when a coalition of strange bedfellows -- conservatives and some in organized labor -- lined up to doom President George W. Bush's initiatives to allow many illegal immigrants to stay in the U.S. and work.
This time, organized labor stands united. It's the Republican Party that's divided. One on side are conservatives, fighting to derail any immigration reform. On the other, party members who want to mend fences with Hispanics and other minority voters before 2016, when the next president will be chosen. GOP presidential candidate Mitt Romney won just 27% of the Hispanic vote this year, down from 44% for Bush in 2004. If the downward trend continues, some in the party worry that even Republican strongholds such as Texas and Arizona will tilt toward the Democrats, as Colorado, Florida, New Mexico and Nevada did this time around.
Details of a legislative package must still be worked out, but any deal is likely to have four elements:
1. Stronger security along U.S. borders, especially with Mexico. Look for provisions allowing the National Guard and U.S. troops to get involved when needed.
2. A path to citizenship for many of the estimated 11.2 million undocumented immigrants now in the U.S. This will incorporate Obama's executive order that bans the deportation of younger illegals who came here as children. Some Republicans join Democrats in seeing immigration as an economic issue. One study by a conservative think tank suggests that giving illegal immigrants a chance to stay in the U.S. would add $1.5 trillion to GDP over 10 years, mostly because of higher tax revenues and increased consumer spending.
3. An expansion of the temporary worker program, which is favored by many businesses. Firms have difficulty filling key jobs in science and technology because too few Americans are qualified to do the work and visa limits keep out many skilled workers from India and elsewhere. And some folks in the agriculture industry say that crops rot in the fields for want of workers to harvest them. Many Americans won't take such jobs because the pay is low and the work is seasonal. Overall, business groups want to more than triple the number of work visas that are issued. That's unlikely, but the number will go up.
4. More responsibility for employers to verify the legal status of workers. Look for use of an electronic eligibility program to expand from federal contractors to all employers. In return, business owners want an exemption from state laws that also govern employment status, and assurances that they won't be charged with violations if they act in good faith to comply.
The debate will be fierce, with much talk from conservatives about Americans who can't find jobs because of the influx of illegals, and much push-back from backers of an overhaul that U.S. workers don't want or can't do the work performed by many immigrants who are here legally or illegally.
In the end, the political argument that Republicans need to reach out to Hispanics to stay competitive in national elections and in some states is likely to carry the day.


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"Control of Carbon Emissions in Zero-Net-Energy Buildings by Optimal Technology Investments in Smart Energy Systems and Demand-Side-Management." 32nd IAEE International Conference, Energy, Economy, Environment: The Global View. June 21-24, 2009. Grand Hyatt Hotel, San Francisco, 2009..
"Control of Greenhouse Gas Emissions by Optimal DER Technology Investment and Energy Management in Zero-Net-Energy Buildings." European Transactions on Electrical Power 21.2 (2010) 1291-1309. LBNL-2692E..
The CO2 Abatement Potential of California's Mid-Sized Commercial Buildings. Berkeley: Lawrence Berkeley National Laboratory, 2010. LBNL-3024E..
"The CO2 Reduction Potential of Combined Heat and Power in California's Commercial Buildings." Clean Tech Law & Business Journal (2010) 16. LBNL-2850E..
"Customer Adoption of Small-Scale On-Site Power Generation." European Council for an Energy Efficient Economy Summer Study 2001. Mandelieu, France: LBNL, 2001. LBNL-47896..
Dezentrale Energieversorgung mit Speichertechnologien. Berkeley: LBNL, 2008. LBNL-618E..
"Dezentrale Energieversorgung mit Speichertechnologien." Energy Journal of the Austrian Energy Agency Numbers 2 & 3 (2008)..
Distributed Energy Resource Optimization Using a Software as Service (SaaS) Approach at the University of California, Davis Campus. Berkeley: Lawrence Berkeley National Laboratory, 2011. LBNL-4285E..
Distributed Energy Resources in Practice: A Case Study Analysis and Validation of LBNL's Customer Adoption Model. Berkeley: LBNL, 2003. LBNL-52753..
"Distributed Energy Resources On-Site Optimization for Commercial Buildings with Electric and Thermal Storage Technologies." 2008 ACEEE Summer Study on Energy Efficiency in Buildings, Scaling Up: Building Tomorrow's Solutions, August 17-22, 2008. Pacific Grove, CA: LBNL, 2008. LBNL-293E..
Distributed Energy Resources with Combined Heat and Power Applications. Berkeley: LBNL, 2003. LBNL-52718..
"An Economic Analysis of Used Electric Vehicle Batteries Integrated into Commercial Building Microgrids." IEEE Trans. on Smart Grid 3 (2012)..
Effect of Heat and Electricity Storage and Reliability on Microgrid Viability: A Study of Commercial Buildings in California and New York States. Berkeley: LBNL, 2009. LBNL-1334E..
"Effects of a Carbon Tax on Combined Heat and Power Adoption by a μGrid." Second International Symposium on Distributed Generation: Power System and Market Aspects, October 2-4, 2002 2002..
"Effects of a Carbon Tax on Combined Heat and Power Adoption by Microgrid." 22nd USAEE/IAEE North American Conferences, October 6-8, 2002 2002..
"Effects of a CarbonTax on Microgrid Combined Heat and Power Adoption." Journal of Energy EngineeringAmerican Society of Civil Engineers (ASCE) 131 (2005) 2-25..
"Electric Storage in California's Commercial Buildings." Applied Energy Journal (2013). LBNL-6071E..
An Engineering-Economic Analysis of Combined Heat and Power Technologies in a μGrid Application. Berkeley: LBNL, 2002. LBNL-50023..
"Evaluation of evolving residential electricity tariffs." ECEEE Summer Study, June 6-11, 2011. Belambra Presqu'île de Giens, France: LBNL, 2011. LBNL-4496E..
"A Framework for the Evaluation of the Cost and Benefits of Microgrids." CIGRÉ International Symposium, The electric power system of the future - Integrating supergrids and microgrids. Bologna, Italy : LBNL, 2011. LBNL-5025E..
"Future Roles of Milli-, Micro-, and Nano- Grids." CIGRÉ International Symposium The electric power system of the future - Integrating supergrids and microgrids. Bologna, Italy: LBNL, 2011..
"A Green Prison: Santa Rita Jail Creeps Towards Zero Net Energy (ZNE)." ECEEE Summer Study, June 6-11, 2011. Belambra Presqu'île de Giens, France, 2011. LBNL-4497E..
A Green Prison: The Santa Rita Jail Campus Microgrid. 2012. LBNL-5345E..