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Medicare coverage can be a critical component for living a healthy life in retirement, as well as for maintaining your financial independence during these years. Yet, as important as it is, Medicare does not cover the full range of healthcare expenses you may experience in your golden years.
To fill the holes that exist in Medicare, Medigap insurance can be purchased by individuals over 65 to supplement Medicare.
A Medigap policy is designed to cover expenses such as copayments, coinsurance, and even deductibles—the so-called gaps in Medicare. Coinsurance is only covered after you have paid the deductible unless you select a Medigap policy that also covers the deductible.
From A to N
Medigap is private health insurance that must follow federal and state laws designed to protect you. In most states, you can only purchase standardized coverage packages, or Plans, each of which is identified by the letters A through N.
These standardized packages must offer the same basic benefits regardless of which insurance company is offering it. Cost is usually the only difference between Medigap policies with the same letter.
All insurance companies are required to offer the Plan A standardized package. Each Medigap plan option (A-N) will differ on the benefits offered and the percentage of coverage for these Medicare gaps.
To get a better understanding of what each of these plans offer, go to www.medicare.gov and click on "Health & Drug Plans" at the top of the page. Then click on "Medicare health plans."
An Early Start at 65
You must have Medicare Parts A and B to buy a Medigap policy, and the best time to buy Medigap insurance is within the first six months you are both 65 or older and enrolled in Medicare Part B. By doing this you will not need to undergo a medical underwriting. For those with existing health conditions, this enables them to buy a policy at the same price that is charged for people in good health.
A separate Medigap policy must be purchased for each spouse.
If you are nearing retirement, or have already discovered that these Medicare gaps can be expensive, it may be time to determine if a Medigap policy is right for you.
The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by FMG Suite to provide information on a topic that may be of interest. FMG Suite is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright 2024 FMG Suite.


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Welcome to SimpleSeats' detailed Oakland Arena seating chart page. We have everything you need to know about Oakland Arena from detailed row and seat numbers, to where the best seats are. Have a question about seat obstructions, concert configurations, venue parking or anything else relating to Oakland Arena? Ask below in the comments!
The standard sports stadium is set up so that seat number 1 is closer to the preceding section. For example seat 1 in section "5" would be on the aisle next to section "4" and the highest seat number in section "5" would be on the aisle next to section "6". For theaters and amphitheaters (i.e. venues that don't have sections around the entire stage) seat numbers follow a different logic. Instead the lower numbered seats are typically closer to the center of the stage while higher seat numbers are further from the center of the stage.
Sellers must disclose all information that is listed on their tickets. For example, obstructed view seats at Oakland Arena would be listed for the buyer to consider (or review) prior to purchase. These notes include information regarding if the Oakland Arena seat view is a limited view, side view, obstructed view or anything else pertinent.


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We like tech, it's what we do. As the holiday shopping season kicks into overdrive, we are bringing you 12 of the most requested, most wanted tech gifts for 2017. Check back each business day between now and December 19th for another must-have tech item and why you should check it out.
Google has been hitting the market over the past year with their own devices to rival their competition in the tech market. One of these innovations is the Google Home Mini. The Mini is considerably smaller than their standard Google Home device ($129) and sports a smaller price tag accordingly. The Mini is built with families in mind and works in conjunction with Chromecast to control your TV, stream movies, and send music to your speakers. You can also have the Google Mini play from the device itself.
It recognizes your voice, so multiple users can access their own playlists, calendars, and more with just their voice. It also features hands-free calling for those times when too busy to hold a phone to your ear. The mini can control your lights, thermostat, and more with a voice command, but those require external devices and/or apps.
Overall, for only $49 it does a solid job of bringing your entertainment into the next generation without depleting your rainy-day fund.
Happy Holidays and good luck on the tech hunt from all of us here at {company}!


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1121 N. Euclid Avenue
Upland, CA 91786
If you are quite anxious about visiting the dentist, Steven D. Fraker, D.D.S offers pre-medication sedation to help you relax before you arrive for your appointment. Once you've arrived at our Upland area office, the full sedation medication will be administered, and you will wake up to the results you desired - relaxed and with little or no memory of the dental treatment itself.
Dr. Steven Fraker, practicing in the Upland, CA area, can provide you with the highest quality dental crowns available, and restore your smile. Using state-of-the-art materials and cutting-edge techniques, Dr. Fraker can make your smile look healthy and natural again.
The friendly, caring staff of Steven D. Fraker, D.D.S in the Upland, California area strive to make you feel comfortable and well-cared for at your dentist appointment. Steven Fraker, D.D.S. is committed to serving you and your family's dental needs, year after year. Come and see what we have to offer in a professional setting where top-notch customer service still matters.
Second opinions are readily given by Steven Fraker, D.D.S., at his practice in the Upland, CA area. Dr. Fraker wants you to be able to make an informed decision about your oral health needs. Dr. Fraker believes that if a treatment plan is sound, particularly one that is major and/or expensive, it should hold up to scrutiny by other dental professionals.
Would you like a whiter smile right now? In the Upland, CA area, Steven D. Fraker, D.D.S offers in-office tooth whitening for quick results. Dr. Steven Fraker applies a bleaching solution to your teeth which is then accelerated by a high-intensity light. Teeth can often be whitening in one or two one-hour sessions - perfect if you're looking for a quick and easy way to brighten up your smile.


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It is difficult to understand these days how it could have happened that the first show of the "Lake" in 1877, in Moscow's Bolshoi, was a flop, and that it took many years for the ballet to achieve its worldwide cult status. The composer, Pyotr Ilych Tchaikovsky, never lived to see the ultimate success of his creation.
The story begins in 1875, when Bolshoi commissions a ballet score from the young but already famous composer. It was not yet customary practice –despite Tchaikovsky fame and previous successes, which included four symphonies, the now famous Piano Concerto and "Eugene Onegin" opera, the Imperial Theatres of the time would normally employ the composers on Imperial payroll, such as Cesare Pugni, Ludwig Minkus, and Riccardo Drigo. Keeping that in mind, Tchaikovsky did not embark on the course of a revolution in the Russian ballet, and studied the classic ballet scores assiduously, planning to produce a score that would be in tune with the established tradition but at the same time would sound new and interesting. The task of composition occupied him from May 1875 to April 1876. The story was a knightly fairy tale, and historians still debate the literary origins –some opt for Heine, some for Musaeus, a German fairy-tale writer, some for Russian folklore fairy tales, some even for Pushkin.
The first show took place on February 20, 1877, and was a flop. The critics reviled the chief choreographer, Wentsel Reisinger, and were short on praise for Polina (Pelageya) Karpakova, the first interpreter of the main female part. The failure of the first show was detrimental for the immediate reputation of the ballet itself, and for quite some time nobody dared to stage it again.
The situation changed after Tchaikovsky's death. In 1893, Mariinka decided to revive the "Swan Lake". A new version of the libretto and the music was to be produced by Modest Tchaikovsky, the composer's brother, Ivan Vsevolzhsky, the director of the Imperial Theatres himself, and by Riccardo Drigo. The latter used the original music as a source material for a completely new score. The choreography was supervised by Marius Petipa and his pupil Lev Ivanov. The tradition claims that while Petipa was the father of the unique choreography of the new ballet, its truly Russian singing character is there thanks to Ivanov. The lake and swan scenes, famous for their perfection, are undoubtedly his alone. It was Ivanov who came up with the idea of enchanted ladies with their criss-crossed arms and heads tilted to one side, which every spectator immediately recognized for birds that sit with their wings folded. The very magical world of the swan lake was created by Ivanov. Petipa's are the scenes of courtly dances and festivities and their intricate lace of waltzes and various dances – Spanish, Hungarian, Polish. Petipa also created an antipode for Ivanov's White Queen of Swans –its black twin Odile, and its beautiful black pas-de-deux of the second act.
It was this particular stage version that came to be admired as the pinnacle of Russian ballet. This production, as none other, was the perfect setting for many famous dancers to showcase their art. The Swan Lake is a unique and perfect creation, and despite the changing musical and dancing fashions, the performance of Odette and Odile parts is still considered a touchstone for the mettle of any serious dancer. The White Swan is truly a symbol of Russian Ballet, of its beauty and magnificence.
Act I
Scene 1 In an old German castle, the birthday of Prince Siegfried is being celebrated; today he comes of age. He is congratulated by his mother, the Princess Mother, friends and courtiers. In a majestic ceremony, Siegfried is made a knight. From this day on a sense of duty, valor will be the guiding principles in his life.
The last toasts are pronounced in his honor, young girls, his contemporaries, try to attract his attention, but Siegfried is overcome by emotions of a different order. He dreams of a pure, ideal love. The festivities draw to an end, the guests depart, leaving the prince alone with his thoughts in the gathering dusk. Night falls. Siegfried is conscious of the presence of a shadow at his side, it is as if some mysterious force is beckoning to him. It is the Evil Genius, or Fate itself, who has come to reveal some perturbing secrets to the Prince. Submitting to the powerful pull of his invisible companion's presence and full of anxious foreboding, Siegfried succumbs to the ideal world of his dreams…
Scene 2 Lured by the Evil Genius, Siegfried finds himself on the banks of a mysterious lake. In the shimmering patches of moonlight on the water, visions of bewitched swan maidens rise up before him. Siegfried catches sight of Odette, the most beautiful of the maidens. He is spell-bound, deeply struck by her beauty. At long last, he has found his romantic ideal of love. He swears to Odette that he will love her forever and be faithful to her.
Act II
Scene 3 Prospective brides-to-be are arriving at the Princess Mother's castle. The Prince must chose one of them to be his wife. But Siegfried can think of nothing but Odette and his meeting of her. He dances in an offhand way with the well-born maidens. Not one of them can compare to his ideal.
Suddenly, a mysterious knight arrives at the ball accompanied by a ravishingly beautiful young girl and a suite of black swans. It is the Evil Genius and Odile, Odette's double. Struck by their resemblance, Siegfried hurries towards Odile. The Evil Genius is putting the Prince's sentiments to the test. Siegfried is enchanted by the perfidious Odile who manages to disarm him of all his doubts. He announces Odile to be his chosen bride. At this very moment, the throne room is plunged in darkness and a vision of the beautiful Odette appears before the assembled company. Siegfried realizes that he has become a plaything in the hands of Fate. Hoping to atone for his betrayal, he rushes in despair after the receding image of the white swan.
Scene 4 Night-time. A deep gloom overhangs the lake. Odette brings the tragic news; the Prince has broken his vow of faithfulness to her. Siegfried's conscience is deeply troubled; he hurries towards Odette begging for her forgiveness. Odette forgives the youth but she is no longer mistress of her own fate.
The Evil Genius summons up a storm which disperses, plays havoc with, the heroes of our tale, making it impossible for them to unite. Made weak by his single combat with Fate, Siegfried tries in vain to hold on to the vanish image. As dawn breaks, he finds himself alone on the empty banks of the lake of his dreams.


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Book Cheap flights to from
The lowest airfare in the travel industry comes from Jaya Travel & Tours, and we'll help whether you're traveling to for a vacation, an important business trip, or a family reunion. Now that you've found us, sit back and prepare to experience the easiest last-minute ticket booking with huge savings and sales on to flights. Once you click on the "Book Now" option, sit back and access our gigantic selection of business class, economy class, and first-class flight tickets to from .
Book Cheap flights to from
The lowest airfare in the travel industry comes from Jaya Travel & Tours, and we'll help whether you're traveling to for a vacation, an important business trip, or a family reunion. Now that you've found us, sit back and prepare to experience the easiest last-minute ticket booking with huge savings and sales on to flights.
See what our customers have to say!
Travel to from
To get to from , travelers have relied on Jaya for the past 45 years — and we don't have plans to stop! Providing exceptional service and extremely competitive prices on all major airlines to worldwide destinations has always been our mission. We're devoted to booking cheap flights to , whether it's a last-minute flight deal or reserved months in advance. So if you're planning a vacation to for next year or a spur-of-the-moment trip next week, we'll ensure that your travel plans to are locked down at the lowest rate and carried out smoothly.
Giving customers a pleasurable experience of booking travel to with Jaya is our main goal. Our dedicated team works to find cheap flights to any destination, including flights from to . To provide a booking platform that's easy to use, we've also given you the option to filter airfare to by airline, flight connections, destination or arrival locations, and more. Plus, our dedicated team of travel agents work around the clock 24/7, speak over 25 languages combined, and have 45+ years of experience in their back pockets!
Benefits of Booking with Jaya
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We have the best rates on flights, hotels, rental cars, group tours, activities, cruises, & more!
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We're Here To Help
Our travel consultants are here to make travel easier for everyone — plus, we're fluent in 25 languages!
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Most airports offer connecting flights, direct flights, non-stop flights, and one-way flights. A connecting flight means that the aircraft will make any number of additional stops along the way, while a non-stop flight means you won't be making additional stops anywhere. When searching for flights to on the Jaya Booking Engine, use our search filters to narrow down the type of flight tickets!
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A round-trip ticket to will include the flights to and from , the original destination. A one-way ticket to will include only the arrival or departure flight to at . A multi-destination flight ticket will have multiple stops on the route to any destination in the world.
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The airline seating classes offered to depends on the carrier. When searching for flights to on the Jaya Booking Engine, we include seating class in our search filters for easier booking. In general, we book airline tickets with economy-class seats, business-class seats, and first-class seats on flights.
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Everyone deserves to travel comfortably and safely — before booking, call one of our representatives at 1-877 FLY JAYA (359-5292) and we'll try to get special accommodations for your flight from to .


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Updated Information Regarding Visitation
(*updated information is in red)
Dear Residents, Family and Friends:
On behalf of the entire team, we want to thank you for allowing us to care for you or your loved one. We recognize the high level of trust that you place in us, and we are committed to providing excellent care to those whom we have the privilege to serve.
As you are most likely aware, the country is currently united in its attempt to navigate the challenges presented by the COVID-19 virus. Of course, we have consistently been following the recommendations of the Center for Disease Control, including following strict handwashing procedures and, in many circumstances, wearing personal protective equipment when indicated by the resident's presenting condition. We are also current with the CDC recommendations, and update our protocols as new information becomes available. Likewise, we remain in close contact with the local and state health departments, and appreciate their ongoing guidance and support.
On March 14, 2020, the Centers for Medicare and Medicaid Services advised of a nationwide restriction on visitation in skilled nursing facilities. Recognizing the risk of introducing and spreading infection to the residents by allowing in visitors from the community, CMS has directed that only essential medical personnel or end-of life visitors be allowed in the Facility during this time. Until further notice, we will be following this direction, and will not permit visitors unless they meet the very limited criteria articulated by CMS. We continue to encourage virtual visitation by phone or FaceTime. It is important for you to remain connected with your loved one, and we will be happy to work with you to accomplish this in the absence of an in-person visit.
In addition to the above, we are continuing to be proactive regarding any infections that could impact our community. For your information, listed below is a sampling of some of the ways in which we are responding to the COVID-19 situation:
- Monitoring staff and those limited visitors who meet the CMS criteria for proper hand washing and use of alcohol hand gels/sanitizers upon entering and while inside the Facility.
- Using questionnaire to learn of any exposure generally or at any other Facility.
- Implementing isolation procedures as appropriate to the resident's clinical condition.
- Requiring staff to stay home from work if ill.
- Limiting public entrance to one door.
- Questioning and assessing those limited visitors who meet the CMS criteria prior to entry, and denial of entry to anyone whose health or travel history poses a risk to the residents/staff in the community.
- Posting infection prevention signs.
- Monitoring the CDC and CMS websites for the latest information on COVID-19 prevention strategies, testing guidance, and recommendations for health care workers.
Please know that we are all fully engaged in taking action to minimize the possible exposure associated with this virus. We thank you for your continuing confidence, and for helping us in our attempts to keep our residents and staff safe. Please do not hesitate to reach out with questions, concerns or requests for assistance. We will keep you updated as additional information becomes available.


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We've received your message, and a member of our staff will contact you shortly.
If you're attempting to make an appointment, please note that the date and time you requested may not be available. We will contact you to confirm an exact date and time for your appointment.
We recommend reviewing our Patient Forms, Insurance Information, or return Home.


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43d 13h Left
Suction Mount, Drill Press w/Metabo Drill (Front Garage){"message":"In _app.tsx child of Layout","renderCount":1}
Amrox Drill Press
Lot Closed
Auction by Bright Star Auctions(121)
This item is in Culpeper, VA
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Item Details
Model: AF12, 5/8 chuck capacity, JT-3 spindle, 110V plug-in, includes 2 boxes of bits, and vise clamp
There is a 15% online buyer's premium in effect for all purchases made online. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids. Payment terms: Cash, check, wire transfer. Cash payments totaling Ten Thousand Dollars ($10,000) or more will not be accepted. Credit cards are only accepted on invoices with a total of less than $2500. All payments are due immediately upon receipt of your invoice. Onsite buyers payment is due the day of the auction. If onsite bidders wish to send a wire and still be assessed only the onsite buyer's premium, they must present a bank letter of credit (with limit stated equal to or higher than the amount owed by bidder) and wire must be sent no later than one business day after the auction. All items are pick-up only. Smalls must be removed within 2 days. All items must be removed within 30 days unless otherwise noted. Loadout available day of auction, after that by appointment. Please call agent for more info. Buyer shall assume responsibility of all property when auctioneer says sold. Auction company is not responsible for any missing or stolen items.
CheckMoney OrderWire TransferCash
Auction Details
Rock Hill Lumber-Sawmill Equipment-Culpeper, VA2727 Leon Rd, Culpeper, VA, 22701Friday, Jun 21, 2024 | 8:00 AM CDT
Auction House
Terms Of Sale
Bidder Terms and Conditions
There is a 15% online buyer's premium in effect for all purchases made online. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids. Payment terms: Cash, check, wire transfer. Cash payments totaling Ten Thousand Dollars ($10,000) or more will not be accepted. Credit cards are only accepted on invoices with a total of less than $2500. All payments are due immediately upon receipt of your invoice. Onsite buyers payment is due the day of the auction. If onsite bidders wish to send a wire and still be assessed only the onsite buyer's premium, they must present a bank letter of credit (with limit stated equal to or higher than the amount owed by bidder) and wire must be sent no later than one business day after the auction. All items are pick-up only. Smalls must be removed within 2 days. All items must be removed within 30 days unless otherwise noted. Loadout available day of auction, after that by appointment. Please call agent for more info. Buyer shall assume responsibility of all property when auctioneer says sold. Auction company is not responsible for any missing or stolen items.
These Bidder Terms and Conditions ("Terms") apply to auctions conducted by BRIGHT STAR REALTY AND AUCTIONS, LLC and constitute a legal, valid, binding, and enforceable contract between Auctioneer and the Bidder. These Terms also form the basis for the final contract of sale between the Seller and the Buyer.
1. Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer's website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.
2. Auctioneer's Licensing and Bonding. Auctioneer is licensed and bonded where required.
3. Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer:
"Absentee Bid" means a bid submitted in advance by an Absentee Bidder for the execution during the Auction.
"Absentee Bidder" means a person or entity that submits an Absentee Bid.
"Absolute Auction" or "Absolute" applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION.
"Auction" means the auction sale at which Auctioneer solicits bids, or is scheduled to solicit bids.
"Auction Site" means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected.
"Bidder Number" means the number or other identifier issued by Auctioneer to a Registered Bidder for the purposes of identifying bids to such Registered Bidder.
"Bidder Registration" means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidder's agreement to be bound by these Bidder Terms.
"Broker Participation Fee" means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Auctioneer.
"Buyer" means the Winning Bidder with respect to each Lot of Personal Property.
"Buyer's Premium" is an amount with respect to each Lot of Personal Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auctioneer for Auctioneer's own account.
"Fall of the Hammer" means the point, after bids have been received, at which Auctioneer declares a Lot of Personal Property "sold" to Bidder acknowledged by Auctioneer as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Seller's Confirmation, the Fall of the Hammer will occur on Seller's Confirmation of the High Bid Subject to Confirmation.
"Hammer Price" means the high bid amount recognized by Auctioneer with the Fall of the Hammer.
"High Bid" means the high bid amount recognized by Auctioneer at the conclusion of bidding on a Lot.
"High Bid Subject to Confirmation" means the High Bid amount recognized by Auctioneer at the conclusion of bidding on the Lot put up at Auction Subject to Seller's Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price.
"High Bidder" means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot.
"Knocked Down" or "Knock Down" means, with respect to any Property put up at the Auction, that Auctioneer has acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication. Property may be Knocked Down electronically at the conclusion of a timed online auction event.
"Lot" means each individual item or grouping of Personal Property offered at one time by Auctioneer.
"No Sale" occurs if Property is put up at the Auction but is not Knocked Down or sold, and Auctioneer passes on such Property or declares a No Sale.
"Online Auction Platform" means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.
"Online Auction Platform Provider" means the provider of the Online Auction Platform and related services to conduct Auction online.
"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered.
"Participant" means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers.
"Personal Property" means all tangible and moveable property, including fixtures, designated as Property.
"Pick-up" means the act of picking up or removing sold Lots by respective Winning Bidders at the date(s), time(s), and location indicated for such during the Auction or as later agreed to by Seller and Buyer.
"Private Sale" means an event in which Property is sold by Seller, or on Seller's behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Auctioneer).
"Private Sale Price" means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms-length transaction between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction.
"Property" means the Real Property and the Personal Property.
"Purchase Price" means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, plus the Buyer's Premium.
"Registered Bidder" means a person or entity that has registered to bid at the Auction.
"Registration Deposit" means, if required by Auctioneer, the deposit, in certified funds, made by a Registered Bidder in order to register for the Auction.
"Reserve" or "With Reserve" means that the Auctioneer may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING WITH RESERVE.
"Reserve Price" means the minimum price that Seller is willing to accept for specific Property.
"Seller's Confirmation" means Seller's confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer.
"Subject to Seller's Confirmation" means, with respect to any Property expressly identified in this Agreement as being sold Subject to Seller's Confirmation, that after the High Bid Subject to Seller's Confirmation has been received and acknowledged by Auctioneer, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid.
"Winning Bid" means the highest bid received and accepted (and if Subject to Seller's Confirmation, confirmed by Seller).
"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid.
"Withdraw" refers to the circumstance in which the Property is removed from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction.
4. Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer's discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.
5. Governing Law.
5.1 For Auctions in the State of Indiana and Online. Unless otherwise indicated, all Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are deemed to be entered into in the State of Indiana, all bids and payments are deemed to be received in the State of Indiana, and the contract, if any, will be deemed to be formed and entered into in the State of Indiana.
6. Buyer's Premium. All Property offered at the Auction is subject to a Buyer's Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer's Premium.
7. Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer's discretion.
8. Nature of the Auction. This Property is being sold at the Auction in the manner indicated on the first page of this Agreement.
9. Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.
10. No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder's Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.
11. Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:
11.1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.
11.2. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.
11.3. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer's sole and absolute discretion.
11.4. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.
11.5. Records of Online Activity. Absent clerical errors, Auctioneer's records will be deemed final and conclusive.
11.6. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
11.7. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
11.8. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.
11.9. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties, (i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology.
11.10. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.
11.11. No Reduction or Retraction of Online Bids. Online bids may not be reduced or retracted.
11.12. Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer's discretion, reopen the bidding.
11.13. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.
12. Absentee Bids; Remote Bidding. In Auctioneer's discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). All prebids and maxbids placed online are considered absentee bids. Auctioneer pledges complete integrity in the treatment of absentee bids and absentee bids may be initiated and advanced in accordance with Auctioneer's policies and procedures. Auctioneer has the right to initiate any absentee bids at 25% to 50% of their maximum amount. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may provide instructions to the Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.
13. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer's sole and absolute discretion.
14. Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer's recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.
15. Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.
16. Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot of Personal Property will be the Buyer of such Property.
17. All Property Sold "AS IS", "WHERE IS", and "WITH ALL FAULTS". ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER'S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.
18. Announcements. Subject to the limitation set forth in these Bidder Terms, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings.
19. Bidder's Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder's inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.
20. Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auctioneer.
21. Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, together with Auctioneer's clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms will be incorporated into the contract between each Buyer and Seller.
22. Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller's behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller or anyone acting on the Seller's behalf will not bid (directly or indirectly) on any Property put up at Reserve Auction, unless the Auctioneer announces and discloses that the Seller (or someone on behalf of the Seller) will be bidding at the Auction.
23. Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer's decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. If (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, and it is demonstrated to Auctioneer's satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ringman, or multiple bid assistants or ringmen, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneer may, in Auctioneer's sole and absolute discretion, reopen the bidding (but will not be required to). Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.
24. Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.
25. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
26. Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked-Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.
27. Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchase payments are due immediately upon receipt of your invoice. Onsite buyers' payment is due the day of the auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. Cash payments totaling Ten Thousand Dollars ($10,000) or more will not be accepted. If onsite bidders wish to send a wire, they must present a bank letter of credit (with limit stated equal to or higher than the amount owed by bidder) and wire must be sent no later than one business day after the auction. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer's sole and absolute discretion.
28. Wire Transfer Payments. Buyer shall obtain verbal verification of all bank account information from Bright Star Auctions prior to initiating transfer. Except as otherwise provided by law, we shall not be liable for any loss or damage due to misplaced, unauthorized or fraudulent fund transfers.
29. ACH/eCheck Payments. By providing account information to Bright Star Auctions, buyer gives permission for Bright Star Auctions to retain payment information on file and represents they are the authorized account holder. Upon authorization to collect payment from Buyers account and prior to transfer, Buyer is responsible to notify their financial institution of the impending transaction. Buyer agrees to notify Bright Star Auctions of any changes in account information.
30. Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys' fees, for the collection of payment made in the form of a check that has been returned unpaid.
31. No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that such Bidder will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder's (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and each Bidder acknowledges and agrees that on Auctioneer's presentation of these Terms to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and will be responsible for all costs and expenses, including attorneys' fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and in collecting payment. Each Bidder acknowledges and agrees that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder's Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder's Bidder Registration and in issuing a Bidder Number.
32. Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer's website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Tools, packing material, and/or assistance will not be supplied at Pickup, so Buyer must plan accordingly. Disassembly and removal shall be done in a quiet and workmanlike manner, and each Buyer, in making its bid, shall thereby indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer's employees, agents, representatives, or independent contractors in connection with the Pickup. Any and all damages to the Pickup site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller. Each Buyer must show a copy of the invoice (digital or hard copy) and government-issued photo identification before Lots will be released. No Buyer shall bring pets or young children to the Pickup, as the movement of Lots presents an extremely high-risk environment that could result in injury or death.
33. Insurance. Any work performed by Purchaser(s) or Purchaser Representative (including sub-contractors) shall be insured and provide proof of coverage against all claims for injuries against persons or damages to property which may arise from or in connection with the removal of items or equipment. Insurance coverage requirements are as follows: General Liability $1,000,000/$2,000,000 and Worker's Compensation $1,000,000 or as required by State Law. Seller shall be listed as additionally insured, if required.
34. Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer's obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them. In addition, Buyer's bidding privileges may be suspended at future auctions.
35. Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer.
36. Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer's negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer's sole and exclusive possession.
37. Buyer's Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled to specific performance or other equitable relief.
38. Seller's Remedies. If any Buyer breached such Buyer's obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.
39. Indemnification. Each Bidder agrees to indemnify, defend, and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property.
40. Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer's full commission and Buyer's Premium.
41. Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property inspection terms), do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either globally or on a case by case basis Auctioneer and/or Seller may (but will not be required to) waive any provisions of these Terms that are intended for the benefit of Auctioneer and/or Seller.
42. Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.
43. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Elkhart County, Indiana, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim or suit relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.
44. Attorneys' Fees. If any Participant breaches such Participant's obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys' fees incurred in enforcing their rights.


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Origin & History
During the Dark Ages, the fern seed was believed to render men invisible. In medieval England, the root of the common male fern was an important ingredient in love potions, as demonstrated in this ancient Gaelic song:
"Twas the maiden's matchless beauty
That drew my heart anigh,
Not the fern-root potion,
But the glance of her blue eye."
Color Messages
The fern generally signifies sincerity, confidence, and shelter. A royal fern denotes reverie, while the exchange of a maidenhair fern expresses a secret bond of love.


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From child safety seats to air bag inflators, it seems like there's some type of recall in the news every few months. But while it may be an all-too-common headline these days, don't brush it off. It's imperative to follow up immediately if your car has been affected by a recall.
Only you can protect your family or yourself from defective equipment that could pose a threat to your safety. More than 300 people have been injured or killed by defective air bag inflators, spurring the largest and most complex vehicle recall in U.S. history and affecting nearly 70 million vehicles from 19 automakers.
Getting these unsafe vehicles off the road is integral to improving safety and saving lives.
The National Highway Traffic Safety Administration is urging vehicle owners to take a few simple steps to protect themselves and others from this very serious threat to safety.
What is a vehicle recall?
A vehicle safety recall is just that – an effort to take unsafe vehicles or vehicle parts off the road. A manufacturer or the National Highway Traffic Safety Administration determines that a vehicle or piece of equipment has a safety-related defect or does not comply with federal standards. In 2018 alone, there were over 29 million vehicles recalled and more than 6 million tires, child passenger seats, and other pieces of equipment recalled.
How to check for recalls
If your vehicle is currently under recall, you should receive a notice in the mail from your vehicle's manufacturer. If you're worried about missing a notice, you can also stay up to date on recalls by signing up for notification emails from NHTSA.
You don't need to wait for a notification to find out if your vehicle is under recall. Use your vehicle identification number (VIN) and visit https://www.nhtsa.gov/recalls to see if your vehicle is under recall. You can also use NHTSA's website to check on vehicle-related products, such as car seats, tires, or other equipment.
Not sure where your VIN is? Look on the lower left of your vehicle's windshield for your vehicle's unique 17-character VIN.
Your VIN is also located on your registration card and may be shown on your insurance card. If you're an ERIE customer, you can print a temporary auto insurance ID card through your online account.
Get the fix (for free!)
If your vehicle is under recall, follow any interim safety guidance provided by the manufacturer and contact your local dealership to fix the recalled part for free. Manufacturers are required to fix the problem by repairing it, replacing it, offering a refund, or – in rare cases – repurchasing the vehicle.
Report problems for investigation
If you think your vehicle or equipment could have a safety defect, reporting it to NHTSA is important. If the agency receives similar reports from a number of people about the same product, this could indicate the existence of a safety-related defect that would warrant an investigation.
Suspect a safety defect in your car? You can report it to NHTSA one of two easy ways:
- Report it online at the NHTSA recalls website
- Call NHTSA's vehicle safety hotline at 1-888-327-4236 or 1-800-424-9393 (toll-free from anywhere in the United States, Puerto Rico, and the Virgin Islands).
Driver reports fuel NHTSA's work. That's why we're committed to sharing more information with you about how to report recalls.
NHTSA recommends checking your VIN to see if your vehicle is under any safety recall twice a year when changing the clocks for daylight saving time.
Stay in touch with NHTSA and keep an eye on your mailbox for direct alerts. And if your vehicle is under recall, get it fixed for free as soon as you can. With safer drivers and safer cars, we'll have safer roads – and your efforts can help save lives.
Want more stories about keeping your car safe on the road?
You might enjoy these related posts from the Eriesense blog:
- How to Keep Your High Mileage Car Running
- Are You Buying a Flood Damaged Car? Here's How to Check
- What to Include in a Car Emergency Kit
Wherever you go, having the right auto insurance can keep you protected on the road. Learn more about auto insurance from ERIE and get a free quote from your local agent online.
A better insurance experience starts with ERIE.
Haven't heard of us? Erie Insurance started with humble beginnings in 1925 with a mission to emphasize customer service above all else. Though we've grown to reach the Fortune 500 list, we still haven't lost the human touch.
Contact Reiswitz Insurance Agency today to experience the ERIE difference for yourself.


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Red Kazak 4' 11 x 6' 6 - SKU 73957
Sale 77% Off$925
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Lesson Plans
Resistance: Ross's Legacy
Related Images
See the photographs related to this lessonDefining Resistance
Begin the class by asking students, individually or in groups, to create a working definition for the word "resistance." Working definitions are not found in the dictionary; rather, students create them based on what they know. To help the class reach these definitions, consider the following question: In what ways do people resist?
Have the students participate in a Gallery Walk Gallery Walk of the photographs. To frame this gallery walk, ask the students to think about how the photographs might change their definitions of "resistance." When the students have completed their gallery walk, ask them to revise their working definition to include any new ideas they have gathered from the photographs. Have each group share their original working definitions and their new definitions. Ask them to explicitly identify the ways the photographs affected their definitions of "resistance."
Transition to a whole group debrief of the exercise using these questions: It was very risky for Henryk Ross to take and hide these photographs. Why do you think he chose to take this risk? How is photography, particularly Henryk Ross's, an act of resistance? What other examples of resistance occurred during the Holocaust? How are these acts of resistance similar to or different from Ross's actions?
Additional Materials
Photograph of Henryk Ross and his photographs at the Eichmann Trial in Jerusalem.
The Ringelblum Archive was clandestinely compiled between 1940 and 1943 under the leadership of historian Emanuel Ringelblum in the Warsaw Ghetto.


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History of the Compilation
The Philokalia—Greek for "love of the beautiful/holy/exalted"—was first assembled at Mount Athos by Ss. Nicodemus of the Holy Mountain and Makarios of Corinth. The first edition was published at Venice in 1782; a second was done at Athens in 1893, which included a prayer by Patriarch Kallistos; and a third at Athens between 1957 and 1963 by the Astir Publishing Company. All the original writings in the Philokalia were written in Greek with the exception of two, which were originally in Latin but then translated in Greek during the time of the Roman ("Byzantine") Empire.
Soon the Philokalia was translated into multiple languages. In 1793, a Slavonic translation done by St. Paisii Velichkovskii (1722-1794), was published at Moscow under the title Dobrotolubiye, and later reprinted in 1822. This would be the version carried by the unnamed central character in The Way of a Pilgrim and was responsible for a spiritual revival in 19th century Russia, impacting a lot of her people, including Fyodor Dostoevsky. A second translation was published in 1857 and was done by St. Ignatii Brianchaninov (1807-1867). A third one was done by St. Theophan the Recluse (1815-1894), but he included other texts not in the Greek original as well as paraphrases or omissions of other sections. This translation was published in five volumes under the auspicies of the Russian Monastery of St. Panteleimon at Mount Athos in 1877. A Romanian translation first appeared in 1946 with Fr. Dumitru Staniloae presiding as editor (the fifth volume appeared in 1976 and it's expected to be eight volumes). A French translation is currently in the works. Both of these use the Greek.
This article forms part of the series Orthodox Spirituality | |
Holy Mysteries | |
Baptism - Chrismation Confession - Eucharist Marriage - Ordination Holy Unction | |
Three Stages | |
Catharsis/Purification Theoria/Illumination Theosis/Divinization | |
Hesychasm | |
Nepsis - Metanoia Hesychia - Phronema Mysticism - Nous | |
Asceticism | |
Chastity - Obedience Stability - Fasting Poverty - Monasticism | |
Virtues | |
Humility - Generosity Chastity - Meekness Temperance - Contentment Diligence | |
Prayer | |
Worship - Veneration Prayer Rule - Jesus Prayer Relics - Sign of the Cross | |
Church Fathers | |
Apostolic Fathers Desert Fathers Cappadocians The Philokalia The Ladder of Divine Ascent | |
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Contents of the Philokalia
This listing of texts is based on the English translation, started by Bishop Kallistos Ware, G.E.H. Palmer and Philip Sherrard and published by Faber and Faber Ltd. The fifth volume has yet to be published. While there is no definite date set, it is predicted by the publisher to be made available sometime late in 2006. This translation uses the third edition published by the Astir Publishing Company.
Volume 1
- On Guarding the Intellect: 27 Texts
- Outline Teaching on Asceticism and Stillness in the Solitary Life
- Texts on Discrimination in respect of Passions and Thoughts
- Extracts from the Texts on Watchfulness
- On Prayer: 153 Texts
- St. John Cassian
- On the Eight Vices
- On the Holy Fathers of Sketis and on Discrimination
- St. Mark the Ascetic
- On the Spiritual Law: 200 Texts
- On Those who Think that They are Made Righteous by Works: 226 Texts
- Letter to Nicolas the Solitary
- On Watchfulness and Holiness
- Ascetic Discourse
- On Spiritual Knowledge and Discrimination: 100 Texts
- For the Encouragement of the Monks in India who had Written to Him: 100 Texts
- Ascetic Discourse Sent at the Request of the Same Monks in India
There is also an appendix entitled "On the Character of Men and on the Virtuous Life: 170 Texts." Nicodemus attributes it to the model monastic Antony of Egypt; however the language and the general idea is not explicitly Christian. It was included perhaps because it had resonances of Christianity and Nicodemus thought that another work—from Peter of Damascus—quotes from this work and attributes it to Antony. However no such connection can be found.
Volume 2
- A Century of Spiritual Texts
- Theoretikon
- Four Hundred Texts on Love, with a foreword to Elpidios the Presbyter
- Two Hundred Texts on Theology and the Incarnate Dispensation of the Son of God (written for Thalassios)
- Various Texts on Theology, the Divine Economy, and Virtue and Vice
- On the Lord's Prayer
- On Love, Self Control, and Life in accordance with the Intellect (written for Paul the Presbyter)
- St. John of Damascus
- On the Virtues and the Vices
- A Discourse on Abba Philemon
- St. Theognostos
- On the Practice of the Virtues, Contemplation and the Priesthood
Volume 3
- St. Philotheos of Sinai
- Forty Texts on Watchfulness
- Ilias the Presbyter
- A Gnomic Anthology: Part I
- A Gnomic Anthology: Part II
- A Gnomic Anthology: Part III
- A Gnomic Anthology: Part IV
- The Ladder of Divine Graces
- Book I: A Treasury of Divine Knowledge
- Book II: Twenty-Four Discourses
- St. Symeon Metaphrastis: Paraphrases of the Homilies of St. Makarios of Egypt
- Spiritual Perfection
- Prayer
- Patient Endurance and Discrimination
- The Raising of the Intellect
- Love
- The Freedom of the Intellect
Volume 4
- On Faith
- 153 Practical and Theological Texts
- The Three Methods of Prayer [attributed to him]
- On the Practice of the Virtues: One Hundred Texts
- On the Inner Nature of Things and on the Purification of the Intellect: One Hundred Texts
- On Spiritual Knowledge, Love and the Perfection of Living: One Hundred Texts
- On Inner Work in Christ and the Monastic Profession
- Texts
- On Watchfulness and the Guarding of the Heart
- St. Gregory of Sinai
- On Commandments and Doctrines, Warnings and Promises; on Thoughts, Passions and Virtues, and also on Stillness and Prayer: 137 Texts
- Further Texts
- On the Signs of Grace and Delusion, Written for the Confessor Longinos: Ten Texts
- On Stillness: Fifteen Texts
- On Prayer: Seven Texts
- St. Gregory Palamas
- To the Most Reverend Nun Xenia
- A New Testament Decalogue
- In Defence of THose who Devoutly Practise a Life of Stillness
- Three Texts on Prayer and Purity of Heart
- Topics of Natural and Theological Science and on the Moral and Ascetic Life: 150 Texts
- The Declaration of the Holy Mountain in Defence of Those who Devoutly Practice a Life of Stillness
Guide to Reading the Philokalia
Like all spiritual readings, the Philokalia should be read under the guidance of a spiritual father as to avoid misinterpretations or malpractice of spiritual remedies. For those who are not practicing monastics, the idea of divorcing oneself from the normal life may seem extreme. Nevertheless, keep in mind that those who practice the monastic life are called to live a total Christ-centered life or to use Christ's words "becoming eunuchs for the kingdom of heaven's sake" (Matthew 19:12). In spite of the audience, there are also sayings and writings that are relevant to those who are called to "remain in the world" such as the practice of virtues or the controlling, even extinguishing, of the passions.
Also, this work is not meant to be read all at once. It should be approached like a Merck's Medical Journal: look up the things that are relevant for whatever moment you as a reader need it. The English translations make it easier to use it in this way. For an example, if you are wondering about what patience is about, simply look at the index. If the page numbers are in bold, then it is a significant passage of text addressing that issue; otherwise it may appear as either one sentence or a small part of a larger context.
Editions in English
- G. E. H. Palmer, Philip Sherrard, Kallistos Ware, The Philokalia: The Complete Text (Faber & Faber). Vol. 1 (1983) (ISBN 8-0571130139); Vol. 2 (1982) (ISBN 978-0571154661 ); Vol. 3 (1986) (ISBN 978-0571175253); Vol. 4 (1999) (ISBN 978-0571193820)
- Allyne Smith,The Philokalia: The Eastern Christian Spiritual Texts -- Selections Annotated and Explained (SkyLight Paths, 2006) ISBN 1594731039
- Brock Bingaman and Bradley Nassif, The Philokalia: Text of Orthodox Spirituality (Oxford, 2012). (ISBN 978-0195390278)
- Anthony Coniaris, Philokalia: The Bible of Orhodox Spirituality (Light & Life, 1998) (ISBN 978-1880971383 )
- Christopher C. H. Cook, The Philokalia and the Innder Life: On Passions and Prayer (Pickwick Publications, 2012). (ISBN 978-1620325209)
External Links
- Quotes from the Philokalia at Orthodox Church Quotes
- Fr. Alexander Webster, parish priest of the Protection of the Holy Mother of God Orthodox Church, Falls Church, VA
- On Union With God and Life of Theoria - By Kallistos Katafygiotis (identified with Kallistos Angelikoudis) - a translation in progress of a part of the Philokalia
Categories > Liturgics > Prayers
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Copyright 2023 NPR. To see more, visit https://www.npr.org.


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Surface Topography Studies Of Nanocrystalline Si by STM. 29th Annual Technical Symposium 98–101 (International Society for Optics and Photonics, 1986).
Experimental observation of forces acting during scanning tunneling microscopy. Physical review letters 57, 2403 (1986).
Force Sensing in Scanning Tunneling Microscopy. IBM, Rüschlikon 1 (1986).
Scanning tunneling microscopy of nanocrystalline silicon surfaces. Surface Science 168, 795–800 (1986).
Transition from tunneling to point contact investigated by scanning tunneling microscopy and spectroscopy. Surface Science 189, 15–23 (1987).


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