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I'm Michel Martin and this is TELL ME MORE from NPR News. Now it's time for the beauty shop - that's where our panel of women commentators and journalists get a fresh cut on the week's news. Sitting in the chairs for a new 'do this week are Danielle Belton, editor-at-large for Clutch Magazine. She's in Washington, D.C. along with Bridget Johnson, Washington, D.C. editor for PJ Media, that's a conservative libertarian news and commentary website. Joining us from Cleveland is Connie Schultz, she's a Pulitzer Prize-winning columnist. Welcome back to everybody. Thank you all for joining us.
DANIELLE BELTON: Thanks for having us.
BRIDGET JOHNSON: Great to be here.
CONNIE SCHULTZ: Thanks.
MARTIN: So today's subject is politicians behaving badly. And we're going to discuss some details that involve allegations of sexual harassment. So I just want to mention that this conversation might not be comfortable for everybody. So with that being said, we'll start with the situation involving the San Diego Mayor Bob Filner. He's been accused of groping, making inappropriate comments, trying to kiss a number of women, both as Mayor and then previously when he served as a member of Congress.
He's now admitted that he's behaved badly but he denies that he harassed anybody. He is, so far, ignoring calls for his resignation. One of the things that stood out for us in this story is that a number of people coming forward are successful professionals - the dean of a local university, a retired rear admiral, a local businesswoman. Now this is what political strategist Laura Fink had to say about why she didn't go public, at least not right away.
LAURA FINK: In politics, your reputation is critical. And references are the gold standard by which you're judged. And so I knew this was going to be important to me continuing to work. I also knew that Bob Filner has a reputation, with regard to people he sees as political enemies, for swift retribution and really long grudges. And I didn't want to be on the wrong end of that.
MARTIN: Danielle, I'm going to start with you, because a couple of years ago you helped expose, if you don't mind my using that term, a politician who was also behaving in a sexually inappropriate way. He was a member of Congress from New York, married with children, but he was what?
BELTON: He was on Craigslist purporting to be a divorced lobbyist looking for dates.
MARTIN: Looking for dates, and a woman who was corresponding with him figured out that he was not who he said he was...
BELTON: ...Exactly.
MARTIN: ...And she blew up his spot. OK, so - and he resigned.
BELTON: Yes, he did.
MARTIN: Why did she come forward? And was she afraid of exactly the kind of thing that Laura Fink is talking about?
BELTON: She was very afraid, 'cause initially - I knew it about a month before it actually broke, and I begged her for the story, because naturally - but I'm a friend before I'm a journalist, I didn't do anything with it. She was very much afraid of retribution, and what ended up happening was after the story did break she was accused of being an Democratic operative.
People put her tax records online, people harassed her, she had, you know, media camped out in front of her job and on her front lawn. She was worried about losing her job. It was nightmarish. So I can understand why women often would just keep these sort of things to themselves rather than put it out there, 'cause there is negative feedback.
MARTIN: Why did she eventually decide to do so?
BELTON: Well, she was convinced to by a reporter at Gawker.
MARTIN: Oh, OK, OK. Well, what about that? Connie Schultz, I'm interested in this. You were also involved in political life, I think many people know your husband is Senator Sherrod Brown of Ohio, and what's your take on this? I mean, do you wish that more women would come forward?
SCHULTZ: I come from this from a very personal perspective, because I went through this in the news room in the '90s with a senior editor. I was newly hired, in my mid-30s, I was going through a divorce, so I was a newly single mother. It was my first newsroom job, I had been a freelancer. And so I - he was really inappropriate, often publicly in front of other reporters and he would say things like - what I want to know is when you're going to follow the story so we can just go away to a motel.
He had a horrible reputation, but I was so scared to lose my job, and later I did something, but here's when I did it, and it makes me wonder if women are often better - we're better at advocating for someone other than ourselves. Because I saw him start touching - putting his hands on interns. And a young intern turned to me one day and she said, I wish he would stop touching me, it really makes me uncomfortable.
And that's when I thought if I don't step up, if I don't say anything, I'm going to be partially responsible if he ends up getting away with this with one of these young women. And I had a male colleague who approached me and said we need to do something about this. It was not a comfortable process, I have to tell you. I'm not proud of myself that I didn't speak out for myself but I think it's pretty consistent with my personality, and a lot of women I know, that once I was advocating for someone other than myself, there was a fury that rose up in me that replaced the fear that had been there before.
MARTIN: And what happened finally?
SCHULTZ: He was fired.
MARTIN: Bridget, what do you think about this?
JOHNSON: Well, you know, obviously, you know, this guy was in Congress for nearly 20 years, you know, he didn't become a perv overnight. You know, people, you know, saw this pattern, they saw it escalating. You know, I'm guessing most of us have brushed off lewd comments in the workplace. Just, you know, why don't we say anything - part of it's we just want to ignore it and move on. But, you know, women are also painted as shrill, you know, if we report inappropriate behavior.
But what concerns me in this case is that when he moved into this physical realm of groping, forcibly kissing people, headlocks, I mean, at that point you see an escalation. And so if that happens to you, you got to be concerned about the next woman down the line, about what he's going to do.
MARTIN: I'm always interest - this is a - I'm glad we're having this conversation but it's a tricky conversation, because then there's this long tradition of blaming victims for what happens to them. I mean, this goes back however many centuries, right - of blaming victims for what happens to them and the people who are most vulnerable for what happens to them.
On the other hand, these are women of stature in a number of these interactions here. And just like Connie said, it's one thing if you're, you know, you're the intern - you're the lowest rung on the ladder - and you do wonder at some point, is there a point at which as a senior person, as a person of stature, you do have a responsibility to step up?
SCHULTZ: You do, but I...
MARTIN: ...Danielle - oh, Connie, go ahead...
SCHULTZ: ...Oh, I'm sorry...
MARTIN: ...Go ahead.
SCHULTZ: Well, I'm just thinking about the world of politics now. And being married to U.S. senator, you know, I'm privy to a lot that goes on - not just in his life, but in many of the senators. And I must say politics is still - it's tough terrain for a lot of women. You hear that all the time. There are fewer women campaign managers, fewer women senior staff, and it is a brutal environment anyway, often.
Particularly, during campaigns. I can see the challenges in this, and a lot of them, even though they're women of stature, in politics they're often still younger, I would say often they're in their 30s, and I wonder if we get braver as we age and we're also not so much the target then. I'm not excusing it, but I am sensitive to what you just said too. I don't want to blame these women. I know what it's like to be scared of the consequences.
I remember being scared that I could lose - I was fighting for custody of my daughter at the time, the last thing I needed was that stuff coming up, you know. We don't know - we never know the whole story, I guess, is part of the problem here. We don't know why these women didn't speak up sooner, and I'm pretty hesitant to make a lot of assumptions about their reasons.
MARTIN: Danielle?
JOHNSON: I have to agree. And also, a lot of times when women don't come forward in these sort of situations, one of two things is going on - where you don't want to make waves and cause trouble 'cause you're afraid of retribution or the fact that women have been socialized differently, where they feel like they're responsible for men's sexuality.
So you sit there and think maybe it was something I did, maybe it was something I said that caused this man to come on to me and they end up taking responsibility for something that's not their responsibility. That whole ideology is garbage.
MARTIN: But what is their responsibility in this when somebody has - do they have any?
JOHNSON: Well, in a perfect world...
MARTIN: Just say look...
JOHNSON: ...I think you say something...
MARTIN: ...You're a pig, you're a pig, and you know...
JOHNSON: ...Yeah, you push back and you say something in a perfect world, the problem is our world isn't perfect. So you have people who feel that they can't speak up. You just end up trying to find a job someplace else and moving on, as opposed to facing what the consequences are if you speak up.
MARTIN: Here's another question - what about the men who observe this? It's interesting that...
JOHNSON: ...Right, right.
MARTIN: ...We often talk about the women who are the direct targets of this, but I think a lot of times this behavior is observed by others. And I often wonder why we don't ever ask, where are the other men who are observing this to say to politician behaving badly, you're a pig...
SCHULTZ: ...That's exactly right.
MARTIN: ...And this needs to stop. I mean, Connie, can I ask you, does that ever happen? Have you ever observed this happen?
SCHULTZ: Well, and that's what happened in my case. It was a male colleague who said we got to do something about this. And I told him what I had seen with the intern. And I do think an increasing number of men are stepping up, including in campaigns and in offices, and I will say this also, as words of encouragement to women out there who are really afraid to step up, once you speak out, it becomes a really good habit. And you get less and less afraid of calling men on their bad behavior and that can really have an impact in any work environment you're in.
If you're known as somebody who's got your eye out - and I had no problem a few years later pulling aside a colleague and saying, you do one more - one more time you do that, with what I just saw you do with that intern and I'm going to report you. And there is something emboldening once you realize that you can survive that.
But we need the men to support us too. I mean, we've always needed, you know, we've always needed men. We wouldn't have the right to vote if men hadn't voted to give us the right to vote, you know. We need their support. And that takes sensitizing, I'm a little more optimistic about this new generation of young men, a lot of them, because they're being raised better in that regard.
MARTIN: Well, it could be or is there a sense that you're on your own, you should be able to take care of yourself, you make as much as I do, you went to the same colleges I do, why do I need to step up for you? I mean, couldn't it be the other way? I don't know, I mean. Anyway, we're having our weekly barbershop roundtable. We're joined by Bridget Johnson, Washington, D.C. editor at PJ Media. Pulitzer Prize-winning columnist Connie Schultz. And Danielle Belton, author of the Black Snob website and also at Clutch Magazine online.
We're talking about the whole question of supporting. I think this is an interesting question as well - the former congressman, Anthony Weiner, is ignoring requests that he leave politics. He's running for the mayor of New York after having resigned from Congress because he was texting inappropriate pictures of himself to random women - underdressed pictures of himself - then he lied about it and then he came clean about it. One of the interesting things that's emerged here - well, first, there were a lot of newspaper editors and other people saying, you know, he should quit. He's saying he's not going to quit. And other - some columnists have said well, let's let the voters decide.
One of the interesting questions here is the role of his wife, Huma Abedin, who is a high-powered aide to Hillary Clinton at the State Department, kind of a high-powered figure in her own right. She has publicly appeared with him and said that she supports his decision to stay in the race. And a lot of people are looking at that and thinking, is that - how do we feel about that? I mean, Connie, how do you feel about that? I mean, obviously, it's a personal decision but then people think, well, what's the point of having a position of influence if you can't use that influence to create a more dignified environment for everybody? I don't know. What do you think?
SCHULTZ: I think it's important not to cast every political - so-called political wife as a victim in these situations. I don't see her as a victim. She is a - I met her number of times, I don't know her well, she is a bright, sophisticated, person who has made the decision that she's going to continue to support her husband. We can question her judgment on that. I think some are wondering why she would do that - I know they are, they're wondering why she would do that, but I don't think we should infantilize her or victimize her.
She came off to me - when I watched the press conference live, and she looked steadfast and strong. I mean, she looked uncomfortable but who wouldn't have been. But I certainly didn't see her as somebody who was dragged on stage, you know. She made this decision on her own.
MARTIN: What do you all think about his decision to stay in the race? I mean, one of the things that columnists in New York are saying is we just don't want to be in your business. We just don't want to be in your business. And one of the reasons that they're saying that is that one of the women he admitted to having a sexting relationship with is a young woman named - 23-year-old Sydney Leathers, she was on Howard Stern's show yesterday. This is a bit of their conversation.
SYDNEY LEATHERS: I think I am a little bit angry with him just because, you know, I feel like he lured me into this situation, and then he didn't want to own up to it. What pissed me off was him on the campaign trail saying, oh, I've changed, and trying to act like he has this perfect marriage now and everything's just peachy.
HOWARD STERN: The hypocrisy got to you.
LEATHERS: Yeah, I was like, [bleep] I am proof that you have not changed.
MARTIN: So a lot going on there, Danielle, but, you know, nevertheless people are saying, I don't particularly, you know, the columnists are saying I don't particularly want to be - I don't want my mayor to be somebody that I'm going to have to watch his friends on "The Howard Stern Show" talking about him. On the other hand, people are saying, let the voters decide. What do you say?
BELTON: Well, I mean Sanford stayed in it and it worked out for him. I think that some of the mindset is maybe this will pass over. Maybe this is a storm that's happening right now, he'll be able to weather it, him and his wife will be able to weather it, and he'll be able to continue his pursuit to be mayor of New York.
Now there is something to be said for - I don't really want to be in his business, and this particular business with Sydney Leathers is just kind of embarrassing. And I don't know how you necessarily come back from that. But they seem...
MARTIN: ...Well, talk about embarrassing - the former governor, Eliot Spitzer, is now running for comptroller...
BELTON: ...Exactly.
MARTIN: ...Who was ensnared in a prostitution scandal. Which - and, hello, prostitution is still illegal. And he was the governor and also a former law-enforcement officer, not to mention an officer of the court. So I think he's well aware that the conduct was illegal, although he was never prosecuted for it, you know, who knows why? Bridget, what do you say?
JOHNSON: This is going to be City Hall of ill repute.
MARTIN: How long were you waiting for that? How long have you been stirring that up?
JOHNSON: Look, you know, I kind of look at the situation and I thought with Senator David Vitter, who had his own, you know, D.C. madam scandal and some really freaky details on that...
MARTIN: ...Senator from Louisiana...
JOHNSON: ...Yes. And he won reelection and...
MARTIN: ...In the Bible Belt...
JOHNSON: And he is continuing to, you know...
MARTIN: ...To serve...
JOHNSON: ...Do his thing in Congress. And I've kind of thought how he got past that, aside from the GOP obviously didn't want to lost the seat, you know. No options, etc. But he came out as very contrite, you know, and then kept his head down after that. You know, he came out and he apologized, said I got to work on this, you know, and he's kind of kept his head down ever since.
You know, he's got his key issues that he comes out on, but he has to put up with, you know, every time he's in the news for something, you know, he has to put up with the comments of the little stuff that he did with his prostitutes and etc. And has to, you know, kind of try and let that roll off. Weiner's not really doing that. You know, he's...
MARTIN: ...Well, you can't. I mean, the mayor of New York cannot keep his head down, can he? Or she?
JOHNSON: Well, he's not keeping his head down on the scandal, you know, he's not saying, you know, I'm sorry - it'll never happen again.
MARTIN: I'm choosing to ignore the giggling over here.
MARTIN: I'm choosing to ignore the innuendo.
SCHULTZ: We're duly noting that you're ignoring our innuendo...
MARTIN: ...Yes, exactly. In the tradition of R&B, innuendo will have to suffice.
JOHNSON: Yeah, and Sanford, I mean, I'll just say that's a freak of nature.
BELTON: I think he gave everyone hope though. Sanford gave people hope that you could come back from the worst-of-the-worst political sex scandals, where he basically abandoned his wife and ran off with his mistress by hiking the Appalachian Trail in Argentina.
MARTIN: And lying about it. Although, again, that conduct is not illegal. There was questions about his - the funds that may have been used to support his travel but that was kind of, sort of, a minor part. So where are we? I mean, what does this say that it seems like this seems very old-fashioned in some ways. Perhaps the technology is new but the behavior is old.
SCHULTZ: May I offer a question?
MARTIN: Sure, go ahead, Connie.
SCHULTZ: I would love for all of us to brainstorm that long list of women who've been able to get away with this - oh, wait, nobody.
SCHULTZ: That'd be zero. I do think this is just fascinating. I mean, could you imagine a woman having - OK, let's say, tweeting pictures of her private parts and then even, I mean, could you imagine this? First of all, could you imagine a woman doing that as a candidate?
MARTIN: I can't imagine a woman getting reelected after tweeting a picture of a bad hair day.
SCHULTZ: Exactly, it's such a gender thing here, yet. I mean, Michel, you know me well enough, you know I'm going to bring that up but frankly, isn't that a conversation we should be having too? Why do the guys keep getting away with it? When a woman would never survive this.
MARTIN: That's another conversation. All right, well, let's have it. Connie Schultz is a Pulitzer Prize-winning columnist. She's also the author of "...and His Lovely Wife: A Campaign Memoir from the Woman Beside the Man." She was with us from NPR member station WCPN in Cleveland.
Bridget Johnson is the Washington, D.C. editor for PJ Media, that's a conservative opinion and commentary website. Danielle Belton is the Black Snob, she blogs on her website about pop culture and politics. She's also editor-at-large for Clutch Magazine. Bridget and Danielle were in Washington, D.C. Thank you all so much.
SCHULTZ: Thank you.
JOHNSON: Thanks, Michel.
BELTON: Thanks, Michel.
MARTIN: And that's our program for today, I'm Michel Martin and this is TELL ME MORE from NPR News. Let's talk more tomorrow. Transcript provided by NPR, Copyright NPR.


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Toolik Lake Permanent Vegetation Plots
Walker D.A. and Barry N. 1991. Toolik Lake permanent vegetation plots: site factors, soil physical and chemical properties, plant species cover, photographs, and soil descriptions. Data Report 48, Department of Energy R4D Program, Institute of Arctic and Alpine Research, University of Colorado, Boulder, CO.
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Software visualization is the use of computer graphics and animation to help illustrate and present computer programs, processes, and algorithms. Software visualization systems can be used in teaching to help students understand how algorithms work, and they can be used in program development as a way to help programmers understand their code better. Georgia Tech has been the home of much software visualization research. Most of these projects now have ended, but our interest in this topic remains. In the GVU Center and the College of Computing, we formerly had a graduate course (before the change from quarters to semesters), CS 7390, specifically on Software Visualization. It was last taught in 1998.
Today, most of our research focuses on the broader areas of information visualization and visual analytics. You can learn more about these areas through the web pages of the Information Interfaces Research Group.
ACM Symposium on Software Visualization - The primary academic meeting about the area of software visualization. Software Visualization book from MIT Press, 1998
Software Visualization book


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Did you ever think your health and well-being are important factors in the health and well-being of the planet? It's true. The choices each of us makes each and every day are important for our family's welfare as well as the welfare of our neighborhood, our community, our city, our country, and our global society.
We don't often consider that a healthy personal lifestyle - relating to fitness and nutrition - has an impact on the environment and the global biosphere. But our personal choices and actions do matter. Our life-affirming choices to get fit, be fit, and eat right affect everyone and everything around us. How you get to work is a perfect example.
Of course, most of us drive to work, as it's a lifetime habit, and we don't even think about it. But, driving always produces greenhouse gas (GHG) emissions - every gallon of gas burned pumps 17 pounds of carbon dioxide into the atmosphere.
Biking to work and walking to work are fitness-promoting activities that have
a double benefit.1,2 You're exercising on your workdays and you're actively
helping to reduce GHG emissions and stabilize the Earth's climate.
If it's too far to walk or bike to your place of employment, arrange to car pool with co-workers and walk or bike to their house on the days when you're not the designated driver.
Planting a garden or participating in the activities of a community garden is a health-promoting action step that has a triple benefit.
First, you're producing or helping to produce foods that are grown locally. Foods consumed
in the United States travel an average of 1500 miles to reach your local supermarket. Foods grown locally eliminate almost all of the fossil fuel resources required to transport non-local items.
Second, you're adding really fresh vegetables to your family's diet, providing vitamins, minerals, and phytochemicals required for abundant good health.
Third, gardening is exercise - the kind of exercise people used to get when they didn't sit in chairs at desks all day long.
The benefits of health-promoting activities keep on coming.3 For the most part, healthy people don't wind up in the local hospital emergency room. Resource saved include fossil fuels burned by high-speed ambulances, fossil fuels burned to produce electricity used to power life-saving medical devices, and energy utilized to produce the vast amounts of medical supplies consumed in an emergency procedure, including syringes, IV set-ups, and towels, wipes, and disinfectants.
Being a healthy individual as a member of a healthy family has a huge multiplying effect. Your chiropractor knows that all body systems are deeply interconnected and must work together to produce good health. So too are the many different living systems that make up Planet Earth. Your chiropractor can provide you with detailed information about good nutrition and good exercise that can help make a real difference in your health and the health of your community.
1Villegas R, et al: The cumulative effect of core lifestyle behaviours on the prevalence of hypertension and dyslipidemia. BMC Public Health 13(8):210, 2008
2Christie BR, et al: Exercising our brains: how physical activity impacts synaptic plasticity in the dentate gyrus. Neuromolecular Med 10(2):47-58, 2008
3Booher MA, Smith BW: Physiological effects of exercise on the cardiopulmonary system. Clin Sports Med 22(1):1-21, 2003


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NYC #1 Lloyd Harbor Painting Company
Are you looking to paint your home or apartment in the Lloyd Harbor , NY? Silvas Painting is a full service painting company in the Lloyd Harbor that can help you with all of your painting needs..
Experienced Painting Contractor in the Lloyd Harbor , NY
Silvas Painting offers interior painting and exterior painting services in the Lloyd Harbor . We pride ourselves in making sure that the customer is 100% satisfied before we finish every job. The owner is always on all of the job sites and our painters are committed to working with you and providing a final result that you will love. Silvas Painting is fully licensed and insured and we have a extensive team of painting contractors that can handle projects of all types and sizes. Silva's Painting is here to serve you, whether you are looking to paint one room, refinish your hardwood floors or paint your homes exterior, give Silvas Painting a call now.
Residential & Commercial Painting in the Lloyd Harbor , NY
Silva's Painting is a full service residential & commercial painting company in the Lloyd Harbor that can help you transform your home; We also specialize in flooring to carpentry to all phases of home improvement.
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- Licensed & Insured House Painters Lloyd Harbor
For over 30 years of service we've successfully completed thousands of painting and home improvement projects. Our crew of house painters is meticulous and clean from the moment we step foot into your home we make sure to put drop clothes down anywhere that we are walking through and of course painting on. We have designed our process to make things as simple as possible. Silvas Painting is an exterior and interior painting company in the Lloyd Harbor New York that offers a 100% Satisfaction Guarntee , that ensures that we will not leave your home until you are happy with our work. Every project is run by "THE OWNER" Lorenzo Silva and a team of house painters who will guide the process from beginning to a successful completion. The owner will provide supervision of the crews in order to keep the project on track and make sure that our company standards are met. When you give us a call our customer service can answer any painting question you have and guide you through an easy process to setup a free estimate. When you choose Silvas Painting; you have a licence and insured painting company from the Lloyd Harbor working to help you transform your home into your dream home.
Free Painting Estimate for Lloyd Harbor New York
Ready to get your project started in Lloyd Harbor, NY? We offer free estimates in 24 hours, no strings attached, anytime. Call us For a FREE ESTIMATE today at: (718)-709-7000
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Joel A Fulmer JR served his country in World War II with the 450th Bombardment Group .
Information on Joel Fulmer is gathered and extracted from military records. We have many documents and copies of documents, including military award documents. It is from these documents that we have found this information on 2LT Fulmer. These serviceman's records are not complete and should not be construed as a complete record. We are always looking for more documented material on this and other servicemen. If you can help add to Joel Fulmer's military record please contact us.
06/12/1944 |
The information on this page about Joel Fulmer has been obtained through a possible variety of sources incluging the serviceman themselves, family, copies of military records that are in possession of the Army Air Corps Library and Museum along with data obtained from other researchers and sources including AF Archives at Air Force Historical Research Agency and the U.S. National Archives.
This information is by no means complete, we are adding information based upon documentation in our possession.
If you have more information concerning the service of Joel Fulmer, including pictures, documents and other artifacts that we can add to this record, please Contact Us.


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Columbus, OH (April 10, 2019)
Capitol Equities Realty
Capitol Equities is a full-service commercial real estate firm based in Columbus, Ohio. Capitol Equities provides skilled tenant representation, brokerage services, property management and development/ construction management to a variety of commercial and industrial clients. To learn more, visit the company's web site at www.capitolequities.com.
Contact: Stacy Miller - email@example.com or 614-760-5660


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Terms of Use
Effective Date: May 25, 2018
Welcome! You have arrived at a website or mobile Internet site operated by Emerald X, LLC ("Emerald", "we," "our," or "us"). Each website or mobile Internet site shall be referenced as a "Site" or collectively, the "Sites", however it is accessed and/or used, whether via personal computers, mobile devices or otherwise.
Thank you for visiting one of our Sites. While we hope you enjoy the Sites, it is important that you carefully read these Terms of Use ("Terms") before using the Sites, as they affect your legal rights and obligations and govern your use of the Sites. These Terms apply to (i) the Sites; and (ii) interactive features or downloads that are owned or controlled by Emerald , are available through the Sites, or that interact with the Sites and post these Terms. These Terms do not apply to any offline activities by Emerald (unless specifically stated). You agree to these Terms by accessing or using the Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITES.
PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN THE COUNTY OF LOS ANGELES, CALIFORNIA, WAIVE ANY RIGHT BY YOU TO JURY TRIAL, AND WAIVE ANY OF YOUR RIGHTS TO BRING CLASS ACTIONS AGAINST US. Please review the Governing Law, Arbitration and No Class Actions section of these Terms for complete details.
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Table of Contents
1.Ownership of Site Materials
2.Your License to Use Materials On Our Sites
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5.User Forum Usage Rules
6.User Interactions and Disputes
7.Ordering Products and Services
8.Items Available For Download
10.Third Party Links and Content
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13.Copyright Complaints
14.Your Warranties
15.Disclaimer of Warranties
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18.Termination and Modifications
19.Location of Sites and Territorial Restrictions
20.Governing Law, Jurisdiction and No Class Actions
21.Updates to Terms
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2.Your License to Use Materials On Our Sites
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- User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere.
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- You must not impersonate another person or entity.
- Please act appropriately. Express yourself with non-offensive individual self-expression. Be respectful of others opinions and comments so we can continue to build User Forums for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone, chances are it probably will and it doesn't belong on the Sites. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, religion, gender, sexual preference or physical or mental disability or that are defamatory, slanderous, indecent, obscene, vulgar, offensive, pornographic, sexually explicit, lewd, lascivious, abusive, harmful, threatening, or harassing. You may not invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without that person's consent or harvesting personally identifiable information about the Sites' users.
- Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- Do not use the User Forums for commercial purposes. Your User Content may not advertise or promote a product or service, other than an Emerald product or service. You may not use your User Content for solicitation or to raise money for anyone, any organization (including charitable organizations), any business or for a pyramid or other multi-tiered marketing scheme.
- Do not contact other users who do not want to be contacted. You may not contact anyone who has asked not to be contacted. You may not make unsolicited contact with anyone for any commercial purpose; among other things, you may not email users of the Sites who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. Your User Content may not advertise any illegal service or product, or the sale of any items the sale of which is prohibited or restricted by any applicable law. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence or cruelty to animals. Your User Content may not promote violence or cruelty to animals or describe how to perform a violent or cruel act.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Others are watching. We hope that you will use the User Forums to exchange information and content and have discussions with other members. However, please remember that the User Forums is a public forum and User Content that you post on the User Forums will be accessible and viewable by other users. Do not post personal information (e.g., first and last name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
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We reserve the right to request at any time proof of the permissions referred to above in the sections starting "User Content must be yours", "No pictures or images of anyone but you and your friends and family", and "Don't upload third party materials" in a form acceptable to us. Failure to provide such proof may, if requested, lead to the User Content in question being removed from the Sites.
6. User Interactions and Disputes
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
7. Ordering Products and Services.
We may make certain products and services available for purchase on the Sites. If you order any products or services, you hereby represent and warrant that you are 18 years old or older. You need a valid credit card (except to the extent we permit purchases with gift cards, promotional or discount codes, or similar forms of payment), with full authority to use it, to submit an order for products or services through the Sites. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf to purchase products or services from the Sites. You understand that we will not be liable in the event that others acting with or without your permission use your credit card to make purchases on the Sites. Certain products that you purchase and/or download on or through the Sites may be subject to additional terms and conditions presented to you at the time of such purchase or download.
8.Items Available For Download
(a) If you purchase downloadable items from the Sites which constitute or are comprised of digital media content ("Digital Media Purchases"), including but not limited to, permanent downloads of publications, audio, music or video files, you are granted a limited, non-commercial, revocable, non-assignable and non-transferable license to access, perform and otherwise use the Digital Media Purchases solely for your personal, non-commercial entertainment and use. All Digital Media Purchases are sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the Sites or in these Terms. All right and title, including, but not limited to, commercial or promotional use rights, in Digital Media Purchases available for preview or purchase on the Sites is reserved by the parties who have licensed the Digital Media Purchases for sale by the Sites. You may not reproduce (except as otherwise noted herein), publish, transmit, distribute, display, broadcast, re-broadcast, publish, perform, rent or lend, modify, create derivative works from, reverse engineer, sell or participate in any sale of or exploit in any way, or in part, directly or indirectly, any of the Digital Media Purchases, or any related software used in connection with the delivery of the Digital Media Purchases (the "Digital Media Software"). Unauthorized reproduction or distribution of Digital Media Purchases violates applicable law. You agree to obey all applicable laws and regulations that apply to the use of any intellectual property to which you may be granted a license through use of the Sites. The Sites will not provide free-of-charge copies of Digital Media Purchase files to restore files that you may lose due to the failure of personal storage devices, including, but not limited to, hard drives, personal computers, mobile devices, and portable media players. You are advised to make backup copies of Digital Media Purchases for use in case of such losses. Digital Media Purchases from the Sites may be available only in the United States or certain other countries or territories, and may not be available in other geographic locations. You agree not to purchase, or attempt to make Digital Media Purchases from the Sites from outside of the geographic territory(ies) for which they are provided. The Sites may use technologies to verify your compliance. You agree to abide by United States and other applicable export control laws not to transfer, by electronic transmission or otherwise, any content or software, including, without limitation the Digital Media Software subject to restrictions under such national destination or person prohibited under such laws. WITHOUT LIMITING ANY PROVISION HEREIN, WE MAKE NO WARRANTY THAT ANY PARTICULAR COMPUTER, BURNER, MOBILE OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SITES OR THE DIGITAL MEDIA PURCHASES, OR THAT ANY DIGITAL MEDIA FILES ACQUIRED FROM THE SITES WILL FUNCTION IN ALL MEDIA PLAYERS OR ON ALL DEVICES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) AND DEVICES WILL FUNCTION CORRECTLY WITH THE DIGITAL MEDIA PURCHASES.
(b) Any items that we make available for download or use from the Sites and/or our servers, including without limitation the Digital Media Purchases and the Digital Media Software, (the "Downloadable Items") are the copyrighted work of Emerald or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items (in addition to the provisions of section 8(a) above). Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Sites, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application.
9. Promotions
The Sites may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.
10. Third Party Links and Content
(a) There may be links from the Sites, or communications you receive from the Sites, to third party web sites or our Sites may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the Sites. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. EMERALD ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT. EMERALD DISCLAIMS ANY HARM THAT MAY RESULT FROM YOUR CHOICE TO USE ANY THIRD PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SERVICES HOSTED ON THE SITE WHICH MAY ASK TO ACCESS, AND MAY RETAIN, YOUR PERSONAL INFORMATION. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK.
(b) Third-Party Advertisements, Services and Offers. Your interactions with organizations and/or individuals that advertise on the Sites or that are found on or through the Sites, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Emerald is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or for the content of any offer, coupon, advertisement, solicitation or other material provided by any third party on the Sites. If there is a dispute between participants on the Sites, or between any Site user and any third party, you understand and agree that Emerald is under no obligation to become involved. Please use common sense when interacting with other users of the Sites or third parties who provide advertisements or other material posted on the Sites. Be careful to verify the legitimacy of any offer or proposed transaction. Be wary of requests to wire funds, to provide your bank account number or to provide a cashier's check or money order.
11. Linking Policy
Emerald grants you the revocable permission to link to the Sites; provided, however, that your web site, or any third party web sites that link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not imply that Emerald or the Sites are endorsing or sponsoring it or its products, unless Emerald has given its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Emeralds' sole opinion, harm Emerald or its products or services; (d) must not use any Emerald trademarks without the prior written permission from Emerald ; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Emeralds' sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Emerald reserves the right to prohibit linking to the Sites for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
12. Mobile
(a) Mobile Features. The Sites may offer features and services that are available to you via your mobile phone. These features and services may, include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile phone or access the Sites' features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
(b) Terms of Mobile Features. You agree that the Mobile Features for which you are registered may send communications to your mobile device. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Emerald of any changes to your mobile number and update your account on the Sites to reflect this change.
13. Copyright Complaints
(a) DMCA. Emerald respects the intellectual property of others, and we ask our users and visitors to do the same. You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") (text at http://www.copyright.gov), Emerald has a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
(b) Procedure. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Emerald ' copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512. Please be advised that to be effective, the Notice must include ALL of the following:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party;
(e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail:
Legal Department
Attn: Copyright – Notice of Infringement
Emerald X, LLC
31910 Del Obispo, Suite 200
San Juan Capistrano, CA 92675, U.S.A
By Email: [email protected]
(For email notices, please include "Notice of Infringement" in the subject line.)
Upon receipt of notices complying with the DMCA, Emerald will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
(c) IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING EMERALD THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
14. Your Warranties
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction where you reside and to comply with these Terms; (ii) all information you provide to Emerald is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all modem, telecommunications equipment, computer hardware, wireless devices and other equipment needed for access to and use of the Sites and you will be responsible for all charges related thereto.
15. Disclaimer of Warranties
(a) THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EMERALD AND ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE "EMERALD PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM EMERALD OR VIA THE SITES. IN ADDITION, THE EMERALD PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
(b) THE EMERALD PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE EMERALD PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. THE EMERALD PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE EMERALD PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
(c) BY ACCESSING OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES.
16. Disclaimers/Limitation of Liability
(a) LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE EMERALD PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (i) THE SITES; (ii) THE MATERIALS; (iii) THE DOWNLOADABLE ITEMS; (iv) USER CONTENT; (v) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (vi) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE EMERALD PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (vii) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (viii) ANY ERRORS OR OMISSIONS IN THE SITES' TECHNICAL OPERATION; OR (ix) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE EMERALD PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE EMERALD PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL THE EMERALD PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED: (1) THE AMOUNT PAID BY YOU TO US FOR YOUR USE OF THE SITES OR PURCHASE OF PRODUCTS VIA THE SITES; OR (2) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
(b) WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
17. Indemnification
You agree to defend (if requested by Emerald ), indemnify and hold harmless the Emerald Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Sites or activities in connection with the Sites, and/or the use of the Sites by any other person using your user account(s); (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Sites, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Emerald Parties' use of your information. You will cooperate as fully required by the Emerald Parties in the defense of any claim. Notwithstanding the foregoing, the Emeralds' Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The Emerald Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Emerald Parties.
18. Termination and Modifications
(a) Termination. Emerald reserves the right to terminate your access to and use of the Sites at any time, in its sole discretion, without notice and liability, including, without limitation, if Emerald believes your conduct fails to conform with these Terms. We may also block your access to our Sites in the event that you (a) breach these Terms, (b) we are unable to verify or authenticate any information you provide to us, or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. Emerald also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or Emerald . Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.
(b) Modifications. Emerald reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials available on the Sites, without limitation, in whole or in part, including the cessation of all activities associated with the Sites, with or without notice. You agree that Emerald will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or any part thereof.
(c) What happens upon Termination? Upon termination of your access to the Sites, or upon demand from Emerald , all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Sites, including links to the Sites; and (b) destroy all Materials obtained from the Sites and all related documentation. The following sections shall survive termination of these Terms: 1, 3, 4, 7, 8, 10, and 13-22.
19. Location of Sites
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Emerald to any registration requirement within such jurisdiction or country. Emerald controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on his or her own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Sites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
20. Governing Law, Arbitration and No Class Actions
(a) GOVERNING LAW. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
(b) ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY EMERALD PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE SITES, THE USE OR ACCESS THEREOF, OR THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE SITES PROVIDED TO YOU BY EMERALD CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE FEDERAL OR STATE LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN LOS ANGELES, CALIFORNIA. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH TITLE 9 OF THE US CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA'S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
(c) NO CLASS ACTIONS. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
21. Updates to Terms
Emerald reserves the right to modify or add to these Terms or any Additional Terms from time to time. ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page of the Sites, and that your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms from time to time, and before using the Sites. The Updated Terms will be effective upon reasonable notice after posting, or such later date as may be specified in the Updated Terms.
22. Miscellaneous
The failure of Emerald to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Emeralds' rights with respect to such breach or any subsequent breaches. No waiver by Emerald of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Emerald. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Emerald may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Emeralds' prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Emerald by virtue of having drafted them.


text:
Your Search includes items of the Third Reich
Please Note: German $86 and $86a StGB
The condition for any acquisitions from Philasearch offers is for you to take notice of §86 and §86a StGB, German Law. A historical and military item from the year 1933-1945 with a third Reich emblem, is not to be used in any propagandistical way. It is strictly forbidden and a criminal offence. The items only to be used, among other things, for civil educational intention, historical research, to report about the happenings of the NS-Time.
If you are a registered user, you will see this message only one time.


text:
- This event has passed.
Line Dancing
April 4 @ 6:00 pm - 7:00 pm
|Recurring Event (See all)
An event every week that begins at 6:00 pm on Thursday, repeating indefinitely
Come Line Dance with us. We meet every other Thursday nite at 6pm.
Please call 708-849-2385 to register. Leave your full name and contact information, phone number/email, etc. A link will be sent to you the day of the program.


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