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Versión en Español QUICK GUIDE TO CONTENTS
I.MOBILE DEVICES II.CHANGES TO THIS AGREEMENT III.PRIVACY AND PROTECTION OF PERSONAL INFORMATION IV.ACCOUNTS, SECURITY V.USER CODE OF CONDUCT VI.FEES VII.DISCLAIMER OF WARRANTIES VIII.EXCEPTIONS IX.LIMITATIONS ON LIABILITY X.INDEMNIFICATION XI.MODIFICATION/TERMINATION BY IHEARTMEDIA XII.LINKS XIII.SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE XIV.INTERNATIONAL USE/U.S. EXPORT CONTROLS XV.THIRD-PARTY MERCHANTS XVI.ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS XVII.EVENTS XVIII.INTERACTIVE SERVICES AND USER MATERIALS XIX.SUBSCRIPTION SERVICES XX.PREMIUM SERVICES XXI.CONTESTS/SWEEPSTAKES XXII.GENERAL XXIII.COPYRIGHT AND TRADEMARK NOTICE This site or application is owned or managed by iHeartMedia, Inc. ("iHeartMedia") and is part of the iHeartMedia family of companies, which includes other quality entertainment brands such as broadcast and Internet radio stations, Clear Channel Outdoor, iHeartMedia, and the Premiere Networks, each of which operates or manages one or more websites or applications (each a "iHeartMedia Site," and collectively the "iHeartMedia Sites"). iHeartMedia provides this iHeartMedia Site and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the "Agreement"). Please read this Agreement carefully before using this iHeartMedia Sites. Your use of this iHeartMedia Sites constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this iHeartMedia Site. This Agreement sets forth iHeartMedia's policies with respect to its operation of the iHeartMedia Sites. Other policies govern iHeartMedia's non-Internet operations. Certain products or services offered by this and/or other iHeartMedia Sites (each a "iHeartMedia Internet Service," and collectively "iHeartMedia Internet Services"), and certain areas within this and/or other iHeartMedia Sites may be governed by additional terms ("Additional Terms") presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or iHeartMedia Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or iHeartMedia Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control. YOU MAY NOT USE ANY IHEARTMEDIA SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY IHEARTMEDIA SITE MAY BE TERMINATED IMMEDIATELY IN IHEARTMEDIA'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON. By using this iHeartMedia Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this iHeartMedia Site (collectively, "Device"); and (d) you will access and use this iHeartMedia Site in accordance with this Agreement. Some parts of this iHeartMedia Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the iHeartMedia Site content. I. MOBILE DEVICES If permitted or available through the applicable iHeartMedia Internet Service, to (a) upload content to this iHeartMedia Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this iHeartMedia Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which iHeartMedia makes the iHeartMedia Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the iHeartMedia Internet Service, including, but not limited to, if this iHeartMedia Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the iHeartMedia Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with iHeartMedia's or this iHeartMedia Site's operations or the iHeartMedia Internet Service. Any equipment or software causing interference will be immediately disconnected from the iHeartMedia Internet Service and iHeartMedia will have the right to immediately terminate this Agreement. If any upgrade in or to the iHeartMedia Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current iHeartMedia Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the iHeartMedia Internet Service. II. CHANGES TO THIS AGREEMENT iHeartMedia reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. iHeartMedia will provide notice of such change on this iHeartMedia Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this iHeartMedia Site and/or iHeartMedia Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this iHeartMedia Site and/or the iHeartMedia Internet Service to which the changes may apply. III. PRIVACY AND PROTECTION OF PERSONAL INFORMATION iHeartMedia has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement, by clicking here, and by using this iHeartMedia Site you agree to the terms of the Privacy Statement. IV. ACCOUNTS, SECURITY, PASSWORDS If a particular iHeartMedia Site or iHeartMedia Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify iHeartMedia immediately of any unauthorized use of your account. iHeartMedia is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular iHeartMedia Internet Service. V. USER CODE OF CONDUCT In accessing and using this iHeartMedia Site and/or the iHeartMedia Internet Services, you agree that you will not: Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page). Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this iHeartMedia Site, or any postings which advocate illegal activity. Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable. Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability. Deliver, or provide links to, any postings containing defamatory, false or libelous material. Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity. Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships. Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver. Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references. Use this iHeartMedia service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this iHeartMedia Site or other users' Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment. Attempt to gain unauthorized access to this iHeartMedia Site, any related website, other accounts, computer system, or networks connected to this iHeartMedia Site, through hacking, password mining, or any other means. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this iHeartMedia Site, including harvesting or otherwise collecting information about others such as email addresses. VI. FEES Except where otherwise provided, access to and use of this iHeartMedia Site and the iHeartMedia Internet Services offered through it are currently available without charge. iHeartMedia reserves the right to charge a fee for access to or use of this iHeartMedia Site, or any iHeartMedia Internet Service available on this iHeartMedia Site at any time in the future. Your access to or use of this iHeartMedia Site before such time does not entitle you to use of this iHeartMedia Site without charge in the future. VII. DISCLAIMER OF WARRANTIES YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS IHEARTMEDIA SITE AND/OR IHEARTMEDIA INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS IHEARTMEDIA SITE OR IHEARTMEDIA INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. IHEARTMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS IHEARTMEDIA SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS IHEARTMEDIA SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IHEARTMEDIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. IHEARTMEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS IHEARTMEDIA SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS IHEARTMEDIA SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. IHEARTMEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS IHEARTMEDIA SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. IHEARTMEDIA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR IHEARTMEDIA INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. VIII. EXCEPTIONS SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, IHEARTMEDIA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IX. LIMITATIONS ON LIABILITY In no event shall iHeartMedia, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this iHeartMedia Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this iHeartMedia Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this iHeartMedia Site or any information, software, products, services, and related graphics obtained through this iHeartMedia Site; (vi) any transactions entered into through this iHeartMedia Site; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this iHeartMedia Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this iHeartMedia Site and iHeartMedia Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if iHeartMedia has been advised of the possibility of damages. X. INDEMNIFICATION You agree to indemnify and hold harmless iHeartMedia, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this iHeartMedia Site and any related iHeartMedia Internet Service and/or software. You agree to cooperate fully with iHeartMedia in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement. XI. MODIFICATION/TERMINATION BY IHEARTMEDIA iHeartMedia reserves the right, in its sole discretion, to modify, suspend, or terminate this iHeartMedia Site and/or any portion thereof, including any iHeartMedia Internet Service, and/or your account, password, or use of any iHeartMedia Internet Service, or any portion thereof, at any time for any reason with or without notice to you. Termination of your account for a iHeartMedia Internet Service removes your authorization to use the iHeartMedia Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, iHeartMedia shall not be liable to you or any third party for any termination of your access to a iHeartMedia Internet Service. XII. LINKS This iHeartMedia Site may contain links to websites, applications or other services operated by third parties (the "Linked Sites"). iHeartMedia does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply iHeartMedia's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site. XIII. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE Any software that is made available to access, use, view and/or download in connection with a iHeartMedia Site or iHeartMedia Internet Service ("Software"), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by iHeartMedia and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. iHeartMedia accepts no responsibility or liability in connection with any Software owned or controlled by third parties. XIV. INTERNATIONAL USE/U.S. EXPORT CONTROLS Accessing materials on this iHeartMedia Site by certain persons in certain countries may not be lawful, and iHeartMedia makes no representation that materials on this iHeartMedia Site are appropriate or available for use in locations outside the United States. If you choose to access this iHeartMedia Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The United States controls the export of any software downloadable from this iHeartMedia Site. No software or any other materials associated with this iHeartMedia Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a iHeartMedia Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited. XV. THIRD-PARTY MERCHANTS This iHeartMedia Site may enable you to order and receive products, information and services from businesses that are not owned or operated by iHeartMedia. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. iHeartMedia does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. iHeartMedia will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the iHeartMedia Internet Service. XVI. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS iHeartMedia may display advertisements for the goods and services of a third party on the iHeartMedia Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. iHeartMedia does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this iHeartMedia Site. XVII. EVENTS You may be invited or asked to attend iHeartMedia-sponsored events or events held by other members and users of this iHeartMedia Site which are not in any way associated with iHeartMedia at various locations throughout the United States (collectively, "Events"). Your participation in any Events is at your own risk and you agree to release and hold iHeartMedia, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by iHeartMedia in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by iHeartMedia and we may use your or your minor children or wards' name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party. XVIII. INTERACTIVE SERVICES AND USER MATERIALS This iHeartMedia Site may offer certain iHeartMedia Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, "iHeartMedia Interactive Services"). Additional Terms may cover iHeartMedia Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available iHeartMedia Internet Services may change from time to time in iHeartMedia's sole discretion. You may participate in the iHeartMedia Interactive Service by completing the registration form where one is provided. User Materials iHeartMedia does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to iHeartMedia by you or other users (collectively, "User Materials"). iHeartMedia is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, iHeartMedia reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. iHeartMedia is not responsible or liable for damages of any kind arising from any User Materials even when iHeartMedia is advised of the possibility of such damages, or from iHeartMedia's alteration or deletion of any User Materials. You are solely responsible and liable for all User Materials delivered to iHeartMedia, whether via your account, this iHeartMedia Site, email, or any other method. Any violation of these provisions can subject your iHeartMedia account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by iHeartMedia will not infringe or violate the rights of any third party in any manner. By emailing, submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material to iHeartMedia, whether solicited or unsolicited, you are granting iHeartMedia and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. iHeartMedia also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Statement. The information and opinions expressed in User Materials appearing on this iHeartMedia Site are not necessarily those of iHeartMedia or its content providers, advertisers, sponsors, affiliated or related entities, and iHeartMedia makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. iHeartMedia does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and iHeartMedia has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this iHeartMedia Site is "public," and in addition to the license granted to iHeartMedia, other users will have access to your User Materials and might copy, modify or distribute them. If you are aware of any User Material on this iHeartMedia Site which violates these Terms, please contact us at email@example.com. Please provide as much detail as possible, including a copy of the underlying material, the location where iHeartMedia may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, iHeartMedia will only remove User Materials if iHeartMedia believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled "Copyright Infringement." Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this iHeartMedia Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this iHeartMedia Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that iHeartMedia, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you. Referral Programs and "Forward to a Friend" Opportunities The iHeartMedia Site may offer referral programs that permit you to submit information about other persons (each, a "Referred Person"), including, without limitation, U.S.-based email addresses, mobile telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the iHeartMedia Internet Service. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi), and be able to register for the iHeartMedia Internet Service, or otherwise use the iHeartMedia Internet Service. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the iHeartMedia Internet Service. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this iHeartMedia Site, any iHeartMedia Internet Service, or any third party for any reason. We specifically disclaim any liability for exercising such right. We may, at our discretion, send you a confirmation using any means available through the iHeartMedia Internet Service, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the iHeartMedia Internet Service. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges in connection with messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to discontinue the iHeartMedia Internet Service to you. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to Additional Terms which will be posted at the time such programs become available and will be deemed incorporated into, and subject to, this Agreement. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability. If you are using the iHeartMedia Internet Service to communicate to a Referred Person (or any third party), you agree not to use such iHeartMedia Internet Service to harm the Referred Person or any other third party, and/or use such iHeartMedia Internet Service in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement. Voting/Rating Features For any voting/rating features that are available on this iHeartMedia Site, you must follow instructions on this iHeartMedia Site to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. iHeartMedia assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any individual it finds to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature. XIX. SUBSCRIPTION SERVICES This iHeartMedia Site may offer certain iHeartMedia Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "iHeartMedia Subscription Services"). By registering for a iHeartMedia Subscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms. XX. PREMIUM SERVICES Some iHeartMedia Internet Services on this iHeartMedia Site, including certain iHeartMedia Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (each, a "iHeartMedia Premium Service"). By using the iHeartMedia Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service, in addition to the general terms provided below. You may register for by completing the applicable registration form.Plus and All Access Services iHeartMedia provides threetypes of music streaming services: (1) the "Free-of-Charge Service"; (2) the "Plus Service"; and(3) the "All Access Service".The following terms are applicable only if you purchase the Plus Service orthe All Access Service(each, a "Paid Subscription Service"). In order to obtain access to the Paid Subscription Service, you must also pay a specifiedsubscription fee.Further details about the Paid Subscription Service can be found at iheartradioondemand.com. iHeartMedia may, at its sole discretion, change the features and services offered in any of the Paid Subscription Service at any time. The Paid Subscription Services are available to US residents only. Paid Subscription Service—Billing and Fees Before you register for a Paid Subscription Service, iHeartMedia will provide notice of any charges. By registering for a Paid Subscription Service (which includes "Direct Purchases" and "In-App Purchases," as defined below), you agreeto pay all fees and charges associated with the Paid Subscription Service on a timely basis and are responsible for any charges incurred by your account. You warrant that the credit card information that you provide is correct and is your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge. By registering for a Paid Subscription Service and providing your credit card information, you authorize us (inthe case of a Direct Purchase) or the App Store Provider (in the case of an In-App Purchase) to charge your credit card for the PaidSubscription Service fee at the then-current rate and any additional charges (including late charges and applicable federal, state, or local taxes).If you make an in-app purchase of the Paid Subscription Service (an "In-App Purchase") via the applicable app store provider (e.g., Apple App Store, Google Play, etc.) (an "App Store Provider"), then the App Store Provider will charge your account the applicable fees or charges. Billing for In-App Purchases will be handled by the App Store Provider, according to their terms. 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text:
Isn't It the Truth?
Truth and Truthfulness: An Essay in Genealogy
Bernard Williams has been a distinctive presence on the intellectual scene for more than three decades. He might be described as an analytical philosopher with the soul of a general humanist. Notably sharp-minded and dialectically skilled, he is also impressively learned in history, classical scholarship, literature, politics, and music. He opposes the widespread contemporary desire to model philosophy on science, preferring to locate philosophy within its historical and cultural context; there are other ways to be intellectually serious than by aping the physicists. His interests have focused on ethics, in which he has contested the rationalist and universalist claims of both Kantianism and utilitarianism—though he has also written a first-rate book on Descartes and pioneered in the discussion of personal identity. He possesses a mind that is both flexible and muscular: open and imaginative on the one hand, rigorous and no-nonsense (and occasionally stinging) on the other. No one else can lance an opponent with a comparable twinkle in his eye. The phrase "withering wit" is unavoidable when witnessing Williams in action.
And yet no theory bears his name, nor has he made any notable technical contribution to the subject. In contrast to his late contemporary R.M. Hare, whose name will forever be associated with "prescriptivism" in ethics—the idea that moral utterances do not describe states of affairs but prescribe courses of action—Williams has not produced anything deserving to be called an ethical theory. Indeed, he has consistently mocked such theories. He gives the impression of having seen through all that—that he is simply far too intelligent and sophisticated to do anything as naive and crude as propose an analysis of moral discourse.
His influence lies more in the style with which he has discussed moral issues: his insistence on not losing sight of actual moral life, his sensitivity to moral subtleties, his Nietzschean disdain for high-minded moral posturing. His writings do not offer the dubious exhilaration of grand philosophical theory, in which messy reality is tamed and caged, but the thrill of seeing pretension punctured by a kind of high-voltage common sense (backed up by impressive erudition). Williams is a principled anti-moralist, a brilliant anti-theorist, an original blend of logic and humanism, an insider's outsider. There is no one in philosophy quite like him.
Williams's new book, the defiantly titled Truth and Truthfulness, bears all the marks of its author. The argument is heavily armored, both in its range of reference and in the structure of its sentences, which almost always coil around some anticipated objection and skewer it; Williams is always one step ahead of his reader. Every sentence seems constructed in such a way as never to need withdrawing; it is fully shielded, immune from refutation. Williams is so well protected that it is sometimes hard to make out the shape of his position. The sentences seldom descend to elegance, and lucidity seems less highly prized than impregnability,…
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subset: commoncrawl


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Veteran Motley Fool Hidden Gems members know what we love to find in a small company. Honest, competent management. Solid financials. High levels of insider ownership. Strong returns on equity and assets. Little or no Wall Street coverage. And a price that's right for long-term buyers.
What we don't often talk about, though, are the things that can go bump in the night -- the traits of bad small businesses that make us fear and loathe them.
More than 3,600 public companies trading on the major U.S. exchanges are capitalized at less than $500 million. And sure, there are loads of great winners in that bunch, poised to rise many times in value. Look back, and you'll find companies such as clothing retailer Chico's FAS
That's a classic Peter Lynch investment.
But let's not kid ourselves. Out of those more than 3,600 companies, there are tons of mediocre companies, and worse. Like Tolkien's terrible dragon, Smaug, they can incinerate your savings in no time. (Hey, we said this was scary stuff!) Quite seriously, if you're not doing business research and you don't know what to avoid, you could lose your fortune.
Let's start with an example of what to avoid.
Case study: Charter Communications
In our active online university community, a Hidden Gems member asked us a few years ago what we thought of Charter Communications, a broadband cable company whose chairman and largest shareholder was Microsoft co-founder Paul Allen. The business was also substantially owned by Wally Weitz, a Nebraska-based investor whom Warren Buffett fans greatly admire.
Charter stock had fallen from $25 to $4.50, and our member wanted to know whether it was a good time to invest for a turnaround.
We'll start by saying that in Hidden Gems, we absolutely love the broken small cap that's poised for a turnaround. Show us a company whose stock has fallen 90% from its highs, whose chairman is a billionaire, and whose largest institutional owner is a close friend of Warren Buffett, and we'll sign up to do very careful research. That's exactly what we did with Charter Communications at $4.50.
But we did not like what we found. Here's why we warned back then against investing in this business:
- Massive debt. Net debt (debt minus cash) was more than $18 billion.
- Net debt was 28 times the company's market cap of $640 million.
- Charter was unprofitable under generally accepted accounting principles, with $1.5 billion in yearly interest costs.
- Debt covenants posed a serious threat to the company's survival.
- The SEC had launched an investigation into Charter's accounting practices.
- Heavy spending for a cable infrastructure hadn't yielded high enough returns.
Near the end of June 2003, I (Tom) wrote negatively about this stock when it was trading at more than $4. It's tough to go contrary to Paul Allen and Wally Weitz. But there was no turnaround in sight, and the company's balance sheet was cratering. Charter itself cratered, dropping to less than $1 per share. The stock has been on a roller coaster since then, and now sits around $1.20.
What we do and don't fear
Oddly enough, our Hidden Gems team does not fear -- in and of itself -- high debt. Our recommendation Middleby
Nor do we fear companies that have fallen 90% from their all-time highs. Audible
Heck, even hints of SEC investigations can create attractive bargains on occasion. Companies as varied as American Express
Each of these factors individually could make for a compelling investment as the stock price drops into the real value range.
So what was the problem with Charter Communications? The answer was the scale of its debt, running north of $18 billion, alongside harsh payment terms and emerging accounting problems.
To find out which stocks we do love, simply take a free trial to Hidden Gems. Read about the many small companies that have thus far produced average 30% returns for us, versus 11% for the same amounts invested in the S&P 500. If you don't like it, you can cancel within 30 days without paying a dime.
This article was originally published on Jan. 13, 2005. It has been updated.
Tom Gardner and Rex Moore anchor the gold-medal-winning Motley Fool 4x100 three-legged sack race relay team. Tom owns shares of Microsoft and American Express. Rex owns shares of Microsoft and Audible. Microsoft and Tyco are Motley Fool Inside Value recommendations. The Motley Fool has a disclosure policy.


text: Caterpillar is the world's leading manufacturer of equipment for the mining industry. Were also the leading provider of a number of support products, services, knowledge and solutions that allow us to be a true one-stop shop for mining companies – from greenfield development to mine site reclamation, financing to power generation, rail products to on-highway trucks. Watch this video for an overview of our end-to-end solutions for the mining industry.


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JACKSONVILLE, Fla. – Hope everybody had a fantastic weekend! I come bearing bad news---almost as bad as Jennifer Lawrence's spill at the Oscar's Sunday night. It's going to be a very wet Monday with a continuation into Tuesday followed by a significant arctic outbreak by the weekend.
Monday got kicked off with heavy rains across the region with the majority of it falling north of the border. Rainfall totals as of 9am ranged from as little as .02 inches in Gainesville to as much as 1.58 inches in Jacksonville (24 hour totals) with plenty more on the way. Hail has been an issue this morning with the stronger storms. Hail has been reported in many locations this morning out to our west and even inside the 295 loop up near the airport. Hail will continue to be the main threat with these storms as they push through the region.
An upper-level disturbance coupled with a warm front will help to trigger widespread rains with the possibility of severe weather and heavy thunderstorm throughout the day on Monday another 1 to 2 inches of rainfall possible; especially where the heavier thunderstorms are located. By Monday night, we're looking for the thunderstorms to cease but the light to moderate rains to continue.
By Tuesday, the main piece of energy associated with Monday's rains will finally eject to our east but not before another round of heavy rainfall and the possibility of severe storms. Another 1 to 2 inches of rainfall will be possible for many of us with a very juicy atmosphere in place.
Finally by Wednesday, the rain chances drop off and we should begin to see some peaks of sun as we head into the middle part of this week. But the tame weather doesn't last long. The strongest arctic front of the season is on its way!
By Friday the arctic front should blast through the region bringing with it sharply colder temperatures. In fact, records for overnight lows may be in jeopardy heading into the weekend with overnight low temperatures diving into the low and mid 20s with highs only in the low 50s for both Saturday and Sunday. More on the arctic outbreak in the coming days. It's a freeze that definitely warrants your attention.


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The Woodbury Ball for Autism
The neurodevelopmental condition known as autism affects a vast number of families across the country, with the Centers for Disease Control and Prevention announcing last week it had assessed that one in 50 children nationwide have some type of autism spectrum disorder (ASD).
There are a number of organizations that specifically focus on Long Island families living with ASD, and on April 5, anyone interested in contributing to three of those groups can do so by attending this year's Woodbury Ball for Autism, set to begin at 7:30 p.m.
It's being held at the Village Club at Lake Success, and features an all-inclusive affair that includes an open bar, food and auctions – with the main event a live performance by Billboard music-charting singer (and LI native) Ryan Star (rstar.net).
Tickets are available for $200 online at npo.networkforgood.org, with proceeds to be shared by Autism Speaks, North Shore Autism Circle and Nassau Suffolk Services for Autism. For more information, head online to northshoreautismcircle.org.
The Village Club at Lake Success: 318 Lakeville Rd., Great Neck, 516-829-5364


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The Non-SABRmetric Argument Against Miguel Cabrera
It was my privilege to be part of this morning's MLB Network Hot Stove roundtable on the real election of 2012 – Cabrera v. Trout (reairs at 4 PM ET if you're reading this before then).
If you noticed the index cards in my hand, you'll know that I offered a lot of data – not about VORP or WARP or BABIP or any of the new analytics – but essential hardcore boxscore stuff that undercuts the second biggest argument for Miguel Cabrera as American League MVP: That preference has to be given to the guy on the winning team, and that Cabrera 'carried the Tigers on his back into the playoffs.
Firstly, the Tigers finished with only the seventh best record in the American League. That's seventh out of fourteen. In the pre-division days they used to call that The Second Division – and it was a sign of shame. As it applies to this topic, there is also this embarrassing reality:
Angels (Trout's team) 89 wins, 73 losses
Tigers (Cabrera's team) 88 wins, 74 losses
The Angels, playing in a far tougher division, won more games than the Tigers did – yet any MVP doubt is supposed to fall on Cabrera's side because he was on "the winner?"
It doesn't make sense – it's a remnant of the days when only one team per league made the "post-season" – and it wasn't Cabrera who won the AL Central, it was Cabrera and the rest of the Detroit team –but I'll just concede it to Cabrera's supporters.
What I will not concede is this assumption that Cabrera deserves the MVP over Trout because, since the Tigers made the playoffs, he was necessarily more valuable – especially as the Tigers managed to sneak past the collapsing White Sox 'down the stretch.' One of the cards I didn't get to fully reveal on the show suggests Cabrera was hardly repeating the Carl Yastrzemski feat of 1967 over the last two weeks of the season.
After the games of September 18, the Tigers were two games behind Chicago. The remainder of the season gives us a small but insight-filled sample of what Cabrera did – and what he didn't do – over the last 15 games.
Games: 15
Average: .291 (16/55)
Homers: 4
It should be noted that three of Cabrera's RBI came in one game – on September 29 – and two others came on October 2. So he drove in runs in seven of the Tigers' 15 stretch games.
And there's a fascinating statistic from those games. The Tigers only won four of them. In other words, they were 4-and-3 when Cabrera drove in runs in a game…and 6-and-2 when he didn't.
More confusing to the Cabrera "Pennant-Winner" meme, is Detroit's record when other Tigers drove in runs in those final fifteen games:
Prince Fielder 6-1
Alex Avila 4-0
Jhonny Peralta 4-0
Austin Jackson 4-1
Delmon Young 4-1
Andy Dirks 3-1
Miguel Cabrera 4-3
But…those RBI in those four games won those games, right? The MVP surely did something essential in the most essential of simple stats, down the stretch, right?
Not really, no.
This is from a card I was in the middle of reading when Chris Russo cut me off. He had reason to do so.
1. 9/19: Tigers leading 4-0 in 7th when Cabrera hits solo HR (6-2 win)
2. 9/22: Tigers leading 7-0 in 4th when Cabrera hits solo HR (8-0 win)
3. 9/23 (1st Game): Scoreless in 4th: Cabrera RBI 2B produces 1-0 lead (10-4 loss)
4. 9/23 (2nd Game): Scoreless in 1st: Cabrera RBI 2B produces 1-0 lead (2-1 loss)
5, 6, 7. 9/29: Tigers leading 2-0 in 7th when Cabrera hits three-run HR (6-4 win)
8. 10/1: Tigers leading 1-0 in 6th when Cabrera hits solo HR (6-3 win)
9, 10. 10/2: Tigers losing 1-0 in 3rd when Cabrera 2-RBI 2B produces 2-1 lead (4-2 loss)
I'd grade the actual game situations in which Cabrera produced as 'tepid.' Two of his RBI (and half of his homers) were clearly unnecessary tack-on runs. His three-run blast on September 29th would prove necessary when the Tiger bullpen melted down; the solo job on October 1st might have been necessary – hindsight can't give us a clear answer. On the other hand, the drove in the first run in both games on September 23rd, and his double wiped out a one-run deficit on October 2nd – and that the Tigers blew all three of those games should not subtract from the clutchness (clutchiness?) of those hits.
My point in here is not to dismiss what Cabrera did for the Tigers as the White Sox plummeted past them. There are countless fielding plays, runner advancements, and just his presence in the lineup to consider as "clutch" contributions. But the RBI-by-RBI examination proves conclusively that Miguel Cabrera did not carry the Tigers on his back down the stretch. He was not the slam-dunk MVP of his own team at the team it mattered the most. Without fine-toothed comb examinations of each game it's hard to say who was, though the superficial data suggests it was Fielder.
I've already gone on at length about why I don't think the Triple Crown matters in MVP voting (it's outdated analytics, as dangerously misleading as if we based the voting on the first set of statistics that were so popular pre-1871, which was a ratio of Runs Scored to Outs Made). But I added one bit of research that underscores Rob Neyer's point that if you have a Triple Crown, it usually means that a lower-than-normal average or homer or RBI total has proved to lead the league in what can only be described as a happy anomaly:
.326 Bill Mueller, Boston, 2003
.328 Joe Mauer, Minnesota, 2008
.329 George Brett, Kansas City, 1990
.330 Miguel Cabrera, Detroit, 2012
.331 Michael Young, Texas, 2005
Cabrera won the Triple Crown – in part – because batting average was way lower than usual, and he produced the fourth lowest average among the last 40 A.L. batting champions during a year in which he had terrific homer and RBI numbers.
So you don't have to go to WARP or VORP or VOR-WARP to deflate the Cabrera MVP qualifications. Good old-fashioned numbers and easy to read details can do it for you.
Oh, by the way, about clutch? During that same post-9/18 time, Trout went 16/52 (.308) with three homers, six RBI, and ten walks. Moreover, after August 19th, as the rest of the Angels made their feeble attempt to stay alive in the West, they were unbeaten…in games in which Mike Trout drove in runs.
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Ask the pitchers who they would rather face in a "clutch" situation…
Not surprised. Everyone loves to $hit on Detroit why should Keith Olbermann, who hasn't been in the sports world in a decade, be any different. Mike Trout had a great season but Miggie was far more feared a batter.
I understand. I truly do. But by making that argument, you are handing over the history of the game to the sabermetricians and statisticians. Bert Blyleven deserved in the HOF, not for his accumulated stats but, for his HOF curveball. Watch it. See it. You just know. With his numbers and that pitch, he was a no-brainer. Similar to Cabrera here. The argument isn't who had the better stats or added more statistically provable value to their team, it is who was the best player in the league. He won the Triple Crown. The Triple Crown. HOF curveball. Triple Crown. Don't overthink it. Believe your eyes. Cabrera for MVP.
"Believe your eyes."
In other words, allow your personal biases and preferences to trump objective data.
Cabrera will probably win the MVP. But Trout should win it.
Makes so much sense…can't believe anyone see's it any different
Um. Where are Trout's "down the stretch" stats here? If I recall correctly, they kinda' sucked.
I hardly agree with anything Olbermann says and he is far and away right on this. Do your homework people and the truth shall set you free. Let us not forget that while Trout was hitting much tougher AL West pitchers, Cabrera was feasting on the Royals. Please, it's not even a contest. There is so much that sways this in Trout's direction and it's not to discount what Cabrera has done. He had a great season and my second place vote goes to him, despite that he is a complete butcher at third base while Trout is elite defensively.
Unfortunately, Keith, because Cabrera did a triple crown, the votes will fall to him. I didn't get the impression that anyone else was worried about the other criteria shown as part of the selection process. It is going to be more an emotional vote and not based on sound stats that decide this. It also didn't sound like too many people were taking the entire season into consideration just the last third of it. What I wish for is Mike Trout win the MVP and Miguel Cabrera be honored for his triple crown. All will be awarded & no one goes home empty handed. BTW You looked hot on the Hot Stove. \o/
Keith, you talk about stats like the Triple Crown being outdated, yet you want to evaluate the Tigers based on how they would have finished in pre-division MLB. Rather hypocritical.
"Cabrera won the Triple Crown – in part – because batting average was way lower than usual, and he produced the fourth lowest average among the last 40 A.L. batting champions during a year in which he had terrific homer and RBI numbers."
Base don tha tloic, Trout is even worse because he had a lower average than Cabrera. I will also point out that a game won in April counts as much as a game won in Sept or October. That is the fallacy of your argument. Why don;t you check the same stats for Trout. he had exactly 2 homers in 10 games. He batted 317, but a single game accounted for 4 of the hits when the season was over for the Angels. The games AFTER the Tigers clinched are not that important.
Bottom line. Which player had the better season? Ask ANY person affiliated with baseball which season you would rather have. The answer is clear. Cabrera in a landslide
I don't see how the Tigers having a worse record than the Angels and making the playoffs is the Tigers fault. That is an MLB issue. The MLB should get rid of the divisions and the top 6 teams in each league make it to the playoffs. As far as Cabrera, he should win it. Trout was great but he didn't put up the numbers Cabrera did, plain and simple. If you give the WAR argument, how come Price won Cy Young over Verlander. Verlander had a higher WAR.
I can't believe there's even an argument. I've waited my whole life to see a Triple Crown winner, wondering if it would ever happen. His team also wins the division while Trout's team misses the playoffs– if that is taken into consideration. What's happening is there is so much hype surrounding the awards, with the Internet and with cable channels, that sportswriters are outsmarting themselves. The obvious thing is to vote for Miguel Cabrera. The cutesy, look-at-me-I'm-an-inside-the-numbers-WAR-guy thing to do is vote for Trout. Fortunately the sportswriters showed by voting for Dickey to win the Cy Young that they are still a few years away from being Keith Law clones with smug, know-it-all assertions on ESPN– long live the old guys who saw Frank Robinson and Yaz and Mickey. These gray-haired writers (if they have hair) use their eyes and their brains, not some computer formula, to make judgments. So let Cabrera win the MVP as a last stand for blue collar baseball.
These gray-haired writers (if they have hair) use their eyes and their brains, not some computer formula, to make judgments.
Dunce. How do you think a "computer formula" comes into existence? Does the computer create it itself?
The high-level statistics have been created by people who ask precise questions about how baseball games are won and lost, and how players do things that win and lose games. Thirty years ago, Bill James didn't even have a computer. It may gall you to think that Nate Silver knows more about baseball than you do, but he does.
No and no. But the mind that creates the computer formula isn't the same mind that evaluates baseball talent. It's like asking Tony LaRussa to create a computer.
Nice. I seem to see the world a little different after reading Keith's blogs. I hope to see you on MLB more often. Peace.
Watching Hot Stove. You have to be apart of some show on MLB. Greatness! The Oracle of Baseball.
Cabrera winning is like Obama winning– it reassures me that sanity is still alive.
Well, as someone pointed out earlier; Nate (The Great) Silver said the same thing as Keith on his 538 blog yesterday morning. Baseball has always been about "Stats", period. Both players had great years, and as Trout becomes more seasoned, he is just going to get better and better; not unlike NL MVP Buster Posey. GO GIANTS!!!
"That's seventh out of fourteen. In the pre-division days they used to call that The Second Division – and it was a sign of shame."
No, 7th out of 14 is the bottom position in the First Division. Claiming to be a stat nerd and getting something as simple as that wrong is a sign of shame.
Yep, I was also going to point that out…pretty sloppy on KO's part. He knows baseball/sports, but someone liked me here, and I didn't find this very compelling.
KO, (if you or a moderator screen this I just needed a way to reach you- don't have to add to your blog if you don't want to).
First of all this whole "best" player vs "most VALUable"… the winner should only be the player who demonstrated the highest production VALUE of all players in that league. If not then MLB should take the VALUE out of VALUABLE and replace it with… well … anything else!
No argument Trout was the most VALUE centered productive player in ALL of MLB this past season. Problem is traditionalist aren't big on projections and or multi-level math formulas to prove production. As an every day fan…we/they just want some straight forward, easy to decipher, hard to argue production values.
If you want to know about an exclusive yet tested system for evaluating player production that does not include the tangled webs of sabermetrics that scare away the every day common baseball fan and — a system that is not traditional stat centered but which — supports Trout as hands down the more productive offensive player –then give me a holler. If I don't hear back from you then there are others who show an equal or greater affinity to baseball production values and who desire a more adamant argument in getting these awards right!
BTW, you can provide me any player you wish and I can provide you their accurate production value in a few quick steps. You can then compare my findings to those of any saberist to verify my systems accuracy of– Keep It Simple Sabermetrics (KISS) and or Statistics for the last "S" to cover the traditional statistical systems.
Fact is, you can quickly compare Trout's (any player) history making season to ANY current or former players best season from ANY era where MLB stats are available. Because it is based on pure production (exactly what a player did in the game) my system works the same in showing productivity: Per Game, AB, PA, Series, Season or Career no matter who, what, where or when they played.
Though my proven system more times than not agrees with saberist it does so with "simplicity minus intricacy"–no need for some computerized shredder or simulator. If I have the info I need available, I can come up with a "hard to argue" players offensive production value in a matter of minutes.
My proprietary system is not based on predictions or projections (though these can be made from the production values assessed). Nor does it draw conclusions about a player based on what others in same positions "could/would" do and there is def no UZR (though my system accounts for this similarly on defense). Productivity is derived purely from what a player does between the lines, per game objectives and in opportunities they are presented with to produce / perform on the field. A system based solely on what are eyes see not what our minds or worse –some computer generated mind projects!
This system may well be the neutralizer for both saberist and traditionalist alike.
Hope to hear back from you to discuss this proprietary system with you further.
P.S. my apologies if this made it to the blog and is too lengthy.
OK KO…the talk on the streets (TV screens) is "it is time for something new" to make the player production facts stand out OR at least…we can agree something different.
The two camps of saberist & traditionalist are still not even in the same ballpark as evidenced by the 22-6 voting so perhaps timing is everything. Though I am sure Trout advocates would have preferred a better "seal the deal" system for offensive productivity before now.
In pure baseball terms:
Saberist need a closer and traditionalist need a reliever. I put the ball is in your Blog…call out to the bullpen (me) and see if my stuff can't close the gap on player production or at least –get the two camps on the same playing field.
And if I'm way off base…then you will pick me off and I'm out…. but –what if I have the game winning run or magical strike 3 pitch? The value of which could be both intrinsic to the game as well as extrinsic to the players, media and all involved in the game at every level.
Saberist went through the same "what if?" litmus test I am confronting now and look how far they have come! I am offering you a chance to test my system and compare my production results to both camps and so far …one swing and a miss?
"Nothing is more powerful than idea whose time has come." – Victor Hugo
KO, I gotta hand it to you. I hate everything about your politics, BUT, I love everything you write and say about sports. I always thought you were the best part of the Dan Patrick show. Great article, and keep it up.
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I would simply like to know Cabrera's average with RISP. Just because he was less hot in September does not diminish his contributions throughout the season.
By virtue of his MLB leading runs scored–no player epitomized a Runner In Scoring Position (RISP) better than Trout. The fact he placed himself in a position to score give or take 49 additional times (SB) and 45 more times than Miggy –also stands out.
Add these 45-49 to Trout's Total Bases (TB) and see how little THAT gap becomes as well. Ditto for XBH where both stats do not always equate to RUNS scored (main objective of the offensive game). And while your making a case for Miggy's BA with RISP you should also factor in his league leading 28 times he hit into DP's and how many prospective RISP that took away compared to Trout's 5.
Pat Miggy on the back for his RBI's and BA with RISP but recognize he accumulates these stats BECAUSE of the RISP type of player…for which Trout was the poster boy in all of MLB in 2012.
Add that Miggy's place in the batting order gave him ample more opportunities to move the Mike Trout's of the game on base ahead of him whereas Trout started every game with at least 1 AB with no RISP….and he still did what the offensive game called for –produced more runs than anyone else in the game with FEWER game chances to do it in!
It is easier to accept Miggy won because of the TC not because of how well he hit with RISP.
But, if you are going to use a RISP argument to boost the Miggy MVP confirmation just remember which player best defined a RISP in MLB for 2012.
watched MLBTV most of the morning…liked the Dick Groat arguement….how about an explanation on 1959 Nellie Fox winning MVP? http://www.baseball-reference.com/awards/awards_1959.shtml
News Corp is buying a 49% stake in the YES Network– so I bought another Mets cap. Rupert Murdoch/Yankees = I watch the Mets.
Got to admit your arguments pretty much sold me — as did the mention in the voting guidelines that being on a team that made the postseason shouldn't be taken into account. I was screaming at the TV at Harold Reynolds when he said, "Cabrera's team went to the WORLD SERIES": "Hey, Harold, votes were due in before post-season even started — there was no way of knowing his team would be in the World Series!" (Also no way of knowing he'd take a called strike 3 from Sergio Romo, giving said World Series to my Giants.)
Nice job today, BTW — if you make this a regular habit I'll be able to impress my Twitter friends with even more baseball knowledge when the season arrives. (You had me looking up Dick Groat — when my husband asked about him I described him as "the Pittsburgh Pirates' Marco Scutaro".)
So, RobertaK, what about the voting guideline to consider number of games played, where Cabrera had the distinct edge? Or the one about taking into account such factors as character, loyalty, etc., which clearly calls for inclusion of intangible factors? Way to cherry-pick your argument.
I know that this is a little late, but I just have to have my say somewhere.
I understand your argument in favor if Mr. Trout and I understand the people that want Mr. Cabrera. I also say a pox on both camps. I have never seen such cherry picking of stats in support of positions. Mr. Kenny claims to want to use only stats that "isolate" individual performance. With the exception of "true" outcomes there are no stats that isolate individual performance. An argument can be made that Mr. Trout's performance was inflated because he was new and TEAMS did not know how to best approach getting him out. Equally, it can be argued, Mr. Cabrera's stats were deflated because he is well known and TEAMS did know how to best approach to getting him out. I'm not saying that that was the way it was, I'm just saying that virtually none of the stats, the exceptions being Walks, Strikeouts and Home Runs, are really individual.
If I was building a team from scratch, I'd take Mr. Trout (actually I'd take Mr. Harper as I think he has more upside) because with his youth, you'd have a chance that he would still be relevant when the team started to challenge for titles. If I had an established team and needed a player to put me over the top, I'd take Mr. Cabrera. His proven long term performance trumps Mr. Trout's single season.
So, which do I think was the MVP for 2012? Mr. Cabrera because I would pay him more in a one year deal then I would pay Mr. Trout.
No way that a rookie, that started the season in AAA faces the same season as a seasoned veteran like Cabrera. Not only does Cabrera have every pitcher he faced all season long trying to pitch around him, but he was moved to 3B defensively to make room for Fielder at 1B which is a big adjustment. Trout plays well in CF,but it's not the hot corner. Give Trout a couple more seasons to prove that he belongs in these lofty conversations. LAA didn't do that much until Puljos showed up late in the season. Let's see what Trout does in his first full season and without Tory Hunter in LA to hold his hand. And Darvish beats out Trout for the ROY imo!!
Keith, why take your two week example and open it up a bit further and see what you find? Don't waste your time, I'll just tell you. Trout was very pedestrian over the last two months of the season while Cabby was not, but hey it's baseball and statistics and they can be sliced and diced any way to make a person look right.
Luckily liberal logic did not infect those voting for the MVP to any large degree. KO, you need to compare and contrast, not just slam one side. But, that's your MO, right?
Pitch around Miguel and attack the rest cannot hit RISP. Tigers are all about Zoolander, Scherzer, and Miggy. Rest are flawed players. Bullpen will blow it up like always in the last 8 years.
Have to attack like Bonds' giants. That way the Tigers can have no more than 2 runs. MVP's are McCutchen and Yadier Molina.


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