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Effective as of: September 18, 2015
Nexstar Broadcasting, Inc. Sites Terms of Use
Welcome to the Nexstar Broadcasting, Inc. community portals (the "Nexstar Sites" or "Sites"), which are operated by the television stations ("Station") owned by Nexstar Broadcasting, Inc., Mission Broadcasting, Inc. and/or certain other affiliated entities (collectively, "Nexstar," "we," "us" or "our").
Nexstar furnishes the Sites and the Nexstar Services (defined below) for your personal enjoyment and entertainment. These Terms of Service (this "Agreement") apply to the our Sites, mobile applications and all other digital media owned and/or operated by Nexstar and govern your use of certain of our digital products, including this Site, mobile versions of the Site, mobile downloadable applications, services that allow you to submit content to us, blog submission services, RSS feeds, widgets or other embedding technologies, podcasts, chat rooms and message boards, Nexstar or Station accounts on social media platforms, including, but not limited to Facebook and Twitter (collectively, the "Nexstar Services" or "Services"). Any new Nexstar Services made available to you by us that enhance or modify the current Sites or Services will also be subject to the terms and conditions of these Terms of Service. By visiting any Nexstar Site (whether or not you are a registered user) or using the Nexstar Services, you accept and agree to be bound by this Agreement, including any future modifications, and to abide by all applicable federal, state and local laws, rules and regulations ("Applicable Law").
We may modify this Agreement at any time, and each such modification will be effective upon the "Effective Date" stated at the top of this Agreement. All material modifications will apply prospectively only. Your continued use of the Nexstar Sites or the Nexstar Services following any modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly and it your responsibility to do so.
Your access to and use of certain parts of the Nexstar Sites or Nexstar Services may require you to accept additional terms and conditions and may require you to download Software or Content (each as defined below). We will provide these terms to you or post them where they apply and they are incorporated by reference into this Agreement. If there is a conflict between this Agreement and any additional terms that apply to a particular Service, the additional terms will control.
BY USING ANY NEXSTAR SITE OR NEXSTAR SERVICES YOU AGREE TO ACCEPT AND BE BOUND BY THIS AGREEMENT. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Nexstar Services immediately.
Eligibility for the Nexstar Sites Registration and Account Security Use of Nexstar Services is limited to users aged 13 years and above. If you are under 13 years of age you may not create a user account.
The Nexstar Sites may offer one or more Services requiring user registration. You agree that all registration information you submit to create a user account will be accurate and complete and kept updated. You may not (i) register under the name of another person; (ii) use a user name that we, in our sole discretion, deem offensive; or (iii) create more than one personal account for any Nexstar Site. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. You agree not to use the account, username, email address or password of another user at any time. You agree to notify us immediately if you suspect any unauthorized use of, or access to, your account or password. Only individuals may register for an account.
Our use of the information you provide is governed by the terms of our Privacy Policy, which is incorporated into this Agreement by this reference.
Nexstar Content and Services Nexstar Content and Services are offered for your personal use only and may not be used for commercial purposes unless specifically authorized by us. The Nexstar Sites and Nexstar Services contain information, text, files, images, video, sounds, musical works, works of authorship, applications, and any other materials or content owned by Nexstar or licensed to us by third parties (the "Nexstar Content"). Nexstar Content is protected by copyright, trademark, patent, trade secret and/or other laws, and as between you and Nexstar, Nexstar owns and retains all rights in the Nexstar Content and the Nexstar Services. The Nexstar Sites and Services may also contain content of users and others ("Third Party Content" and collectively with the Nexstar Content, the "Content"). Nexstar reserves the right to remove Content in its sole discretion. Except as otherwise stated in this Agreement, Nexstar hereby grants you a limited, revocable, non-sublicensable license to access and display the Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing a Nexstar Site and using the Nexstar Services, provided you do not remove or modify any trademark, copyright or other notices contained in the Content. If Nexstar elects to grant you greater rights than set forth in this Agreement (which rights may only be granted in an express writing), such grant of rights will be revocable at will without cause by Nexstar, unless expressly stated otherwise. Except as provided in this Agreement or as explicitly allowed on the Nexstar Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Nexstar Services. To request permission to use the Content in any way not authorized in this Agreement, please contact us.
Except as expressly permitted by Nexstar, you are strictly prohibited from creating works or materials (including, but not limited to, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not directly or through the use of any device, software, internet site, web-based service or other means remove, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
Associated Press Materials Notice The following provision applies to all visitors and users (which shall include persons and representatives of legal entities, including, without limitation, digital engines of a kind that crawl, index, scrape, copy, store, or transmit digital content): By accessing this website, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio, and/or video material (collectively, "AP Material") shall not be published, broadcast, modified for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) No AP Material nor any portion thereof may be stored on a computer except for personal, non-commercial use; (iii) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in AP Material or in the transmission or delivery of any part thereof or for any damages arising there from or occasioned thereby; (iv) The Associated Press is an intended third-party beneficiary of these terms and conditions and may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP Material or any portion thereof at any time.
User Content Portions of the Nexstar Sites or Services may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages or material, including your name or likeness to us, the Nexstar Sites or Services (collectively, "User Content"). You understand that User Content will be publicly displayed and may include your personally identifiable information if you provide it. Please use your best judgment when using the Nexstar Sites and Services. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. Remember that whenever you give out personal information online, through any media, including without limitation, a forum or blog, that information can be collected and used by people you do not know. We cannot and do not guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You understand that we may publish your username in connection with any submission. If you use your legal name as your username, then your legal name may be published.
Nexstar does not control, pre-screen or otherwise monitor the User Content posted by users and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. Nexstar does not guarantee the accuracy, integrity, or quality of User Content and we assume no responsibility or liability for any User Content. If at any time, Nexstar chooses in its sole discretion to monitor User Content, Nexstar nonetheless assumes no responsibility for Content other than Nexstar Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You are entirely responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Nexstar Sites or Services. By posting User Content, you represent and warrant: (a) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under this Agreement; (b) the User Content does not infringe or misappropriate any copyright, trademark, service mark, trade secret, patent, or other intellectual property or proprietary rights of any third party, including, but not limited to, rights of privacy or publicity, and (c) the User Content does not violate any Applicable Law, including, but not limited to, any applicable advertising or fair housing laws or regulations, or cause injury to any person or damage to any property. IF THE USER CONTENT YOU PROVIDE CONSISTS OF A PHOTO OR VIDEO THAT DEPICTS ANY CHILDREN UNDER THE AGE OF 13, YOU AFFIRM THAT YOU ARE THE CHILD'S PARENT OR LEGAL GUARDIAN OR THAT YOU HAVE WRITTEN PERMISSION FROM THE CHILD'S PARENT OR LEGAL GUARDIAN TO PROVIDE THE PHOTO OR VIDEO. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Nexstar Sites and Services.
Nexstar does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Nexstar Sites or Services; provided, however, that User Content will not include any Content posted by a user that is already owned by Nexstar. By posting any User Content you hereby grant to Nexstar and our affiliated companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Nexstar Sites and Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. You hereby waive any moral rights you may have in your User Content. Our use of such User Content does not require any further notice to you and such use will be without the requirement of any permission from or payment to you or to any other person or entity.
Prohibited Conduct You agree not to use the Nexstar Sites or Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another's privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger any person;
- Impersonate or attempt to impersonate any person or entity; • Restrict or inhibit any other user from using and enjoying the Nexstar Sites and Services;
- Gain unauthorized access to any Nexstar Site or Service, or any account, computer system, or network connected to a Nexstar Site or Service, by means such as hacking, password mining or other illicit means;
- Frame the Sites in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Nexstar and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Nexstar Sites or Services;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Nexstar Services, including Nexstar's servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Nexstar Sites;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Nexstar Sites and Services, or to circumvent or modify any security technology or software that is part of the Nexstar Sites or Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Nexstar Sites or Services. If you do so, you acknowledge you will have caused substantial harm to Nexstar, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Nexstar $100 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person's consent;
- Engage in commercial activity (including, but not limited to, sales, contests, or sweepstakes);
- Use the Nexstar Sites and Services to advertise or promote any services;
- Use the Nexstar Sites or Services to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
- Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Nexstar Sites and Services;
- Contact anyone who has asked not to be contacted;
- Engage in personal attacks, harass or threaten, question the motives behind others' posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users;
- Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on our Sites (such as submitting an excessive number of messages - i.e. a flooding attack), or that otherwise negatively affects other users ability to use the Nexstar Sites and Services;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from our Sites. An exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with this Agreement;
- Use the Nexstar Sites and Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
- Nexstar reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement (including, without limitation, violations of the prohibited conduct provisions), as determined by Nexstar in its sole discretion. You acknowledge that Nexstar reserves the right to investigate and take appropriate legal action against anyone who, in Nexstar's sole discretion, violates this Agreement, including, but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Nexstar may access, preserve or disclose information you provide to the Nexstar Sites, including User Content, when Nexstar has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Nexstar, our parents, subsidiaries or affiliates, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Nexstar Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Classified Advertising The Nexstar Sites may now or in the future allow you to place classified advertisements or other forms of advertisements (a "Classified Ad") on the Sites. We are never a party to any transaction between buyers and sellers. We are not obligated to publish any Classified Ad. Our publication of a Classified Ad does not constitute an agreement for continued publication. We will accept only standard abbreviations and proper punctuation in Classified Ads. We accept no liability for error or omission with respect to a Classified Ad or your use of Classified Ads. We reserve the right to edit, reclassify, revise, reject, or cancel any Classified Ad at any time, in our sole discretion. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, gender, national origin, handicap or familial status. We do not knowingly accept advertisements regarding employment that are not ads for bona fide job opportunities. Nor do we knowingly accept advertisements for tobacco, gentlemen's clubs, adult-oriented materials or services or offshore or Internet gambling.
Copyrights and Other Intellectual Property Nexstar respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Nexstar has a policy of terminating repeat infringers' access to the Nexstar Sites and Services in appropriate circumstances.
If you believe that any material residing on an Nexstar Site infringes your copyright, please send Nexstar's Copyright Agent (i) a detailed description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Nexstar Sites (such as the URL(s) of the claimed infringing material); (iii) your contact information, including name, an address, telephone number, and, if available, an email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you that the information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (vi) your physical or electronic signature. Nexstar's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Nexstar Broadcasting, Inc., 545 E. John Carpenter Freeway, Suite 700, Irving, TX 75062 or via electronic mail to email@example.com.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to investigate and, if applicable, remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Third Party Links and Services The Nexstar Sites and Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties ("Third Party Services"). When you engage with a Third Party Service, you are interacting with the third party, not with Nexstar, and we do not assume responsibility for third parties' actions or omissions. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service's privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Nexstar is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Nexstar Sites does not imply approval or endorsement of the Third Party Service. Nexstar is not responsible for the content or practices of any websites other than the Nexstar Sites, even if the website links to the Nexstar Sites. By using the Nexstar Sites and Services, you acknowledge and agree that Nexstar is not responsible or liable to you for any content or other materials hosted and served from any website other than the Nexstar Sites. When you access Third Party Services, you do so at your own risk.
Purchasing Services or Products If you purchase any service or product ("Products") on, or by linking from, any of the Nexstar Sites, you may be required to provide personal information, including credit card and billing information ("Personal Financial Information"), to an independent third party company or companies selected by Nexstar (or, in some cases, its direct contractors), but not affiliated with Nexstar (the "Processor"). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information, or for fulfilling your order, all payment obligations for Products will be governed by the terms of use/service and privacy policy of the Processor. If you make a purchase from the Nexstar Sites you are warranting that you are authorized to make the purchase using the form of payment card that you provide to the Processor. You must be 18 years of age or older to purchase a Product.Nexstar makes no warranty, and accepts no liability for any loss or damages that you incur or any claims you may have relating to or in connection with your placement of an order for a Product with the Processor, or your dealings with or reliance on, third parties through the Nexstar Sites. Nexstar provides no refunds for purchases you make on the Nexstar Sites. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Nexstar will in no way be responsible or liable to you for any such breach. Nexstar will not store any record of Personal Financial Information related to purchases or other transactions you make through the Nexstar Sites. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
Fees and Charges We may offer trial subscriptions to paid services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions and any other subscription services we provide will be automatically renewed at the current subscription rate if you do not cancel before the end of the trial or subscription period. You may need to cancel your subscription at least 10 days prior to its renewal date in order to avoid further charges. Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.In addition to the general terms applicable to the Nexstar Services, the following terms apply to all Services designed for wireless devices ("Mobile Services"), which we offer only to users who are 18 years of age or older and located in the fifty U.S. states or the District of Columbia unless otherwise noted. Your wireless provider may charge for use of Mobile Services, including fees for receipt of text messages or data transmission. In order to receive Mobile Services, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Services to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Services billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance. You may not transfer or copy any Content without permission from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device. To cancel a Mobile Service that involves a subscription fee, you must follow the instructions included in the terms and conditions applicable to that Mobile Service; otherwise, you will continue to incur subscription charges. If you stop a subscription-based Mobile Service in the middle of a billing cycle, you will not receive a refund for that billing cycle.
Short Message Service (SMS) Text Messages and Push Notifications With respect to the Nexstar Services or Mobile Services, you may subscribe or consent to the receipt of automated text and/or voice messages or push notifications (collectively, the "Automated Messages") as part of a sponsored promotion, a contest or sweepstakes, an advertising campaign, or a news alert. Your consent to receive such Automated Messages is important to us. By requesting to receive Automated Messages (e.g., by texting our short code to a designated number; following instructions to subscribe to a promotion, contest or sweepstakes, campaign and/or an alert; or adjusting the settings on your mobile device or within our application), you agree that Nexstar and its sponsors, advertisers, and agents may send you the requested Automated Messages, which may include advertising or marketing content, using an automated dialing/messaging service. Automated Messages will be sent to the mobile number you provided pursuant to your request, and your consent to receive such Automated Messages is not a condition of any purchase.To the extent any Nexstar Services or Mobile Services involves the delivery or receipt of Automated Messages, standard messaging rates, data rates, or other carrier charges may apply. By subscribing to receive Automated Messages, you agree that Nexstar and its sponsors, advertisers, and agents shall not be responsible for any carrier charges. The frequency with which we may deliver Automated Messages will vary. Nexstar may, from time to time, send you Automated Messages that are required by law. As consideration for participation in any Automated Message subscriptions, you agree to notify us if you should change mobile phone numbers or mobile carriers so that we may update our records as necessary to comply with applicable laws. You have notify us in one of the following manners: By email: firstname.lastname@example.com
By phone: (972) 373-8800
By mail: Digital Privacy Administrator
Nexstar Broadcasting, Inc.
545 E. John Carpenter, Suite 700
Irving, Texas 75062
If you change mobile carriers and/or your mobile number and wish to continue receiving Automated Messages from us, please contact us to update your Automated Message subscriptions using one of the methods listed above. Your written consent will be required to re-subscribe or transfer your Automated Message subscriptions to a new mobile phone number or mobile device. Nexstar reserves the right to remove subscribers at its discretion.
If you would like to discontinue or unsubscribe from receiving Automated Messages, you may do so by following the instructions contained in any such message (e.g., texting "STOP" in response to a text message or adjusting the settings on your mobile device or within our application to discontinue push notifications). In certain instances, you may receive one additional Automated Message confirming your request has been received. In addition, you may text "HELP" for help with Automated Messages. If you are still having problems or concerns regarding Automated Messages, you can email us at email@example.com or call (972) 373-8800. Neither Nexstar, Vibes, its/their sponsors, advertiser, or agents, nor are any mobile carriers liable for delayed or undelivered messages.
Events We may also offer services which enable our users to arrange and RSVP to attend physical events or gatherings at venues such as sports arenas and stadiums, college campuses, public parks, private homes or private enterprises that include, but are not limited to, restaurants, bars, clubs or retail stores. We do not supervise these events or gatherings and are not involved with any of the actions of the individuals at these events or gatherings. Accordingly, we have no control over the identity or actions of the individuals who are in attendance at these events or gatherings. You are solely responsible for determining if the event or gathering is safe. We do not conduct criminal, driving or other background checks of users and cannot determine if users are suitable hosts or event attendees. There are risks associated with attending an event or gathering, including, without limitation, the failure of the host and its attendees to provide a safe atmosphere, abide by Applicable Law, miscommunication regarding the details of the event or gathering, and inappropriate or dangerous conduct on the part of the host or the other attendees that may result in injury and/or death.
By registering via our Sites or Services for events and gatherings, you represent and warrant that you meet any age eligibility requirements and agree to comply with the laws of the state in which the event or gathering occurs, including laws governing alcohol consumption.
Because we (i) do not supervise or control the events, gatherings or interactions between our users and other persons, (ii) are not in any way involved with physical transportation to or from events or gatherings or with the actions of any individuals at such events or gatherings, (iii) cannot guarantee the true identity or age of our users, and (iv) have no control over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of any event or gathering, you agree to bear all risk and to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your attendance at any event or gathering, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at an event or gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
User Disputes You are solely responsible for your interactions with other Nexstar users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Nexstar Sites and Services. Nexstar reserves the right, but has no obligation, to become involved in any way with these disputes.
Disclaimers The Nexstar Sites and Nexstar Services are provided "AS IS" and "AS AVAILABLE" AND "WITH ALL FAULTS" and Nexstar does not guarantee or promise any specific results from use of the Nexstar Sites or Nexstar Services. Nexstar expressly disclaims any warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by Applicable Law. Nexstar makes no warranty that your use of the Nexstar Sites and Nexstar Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Nexstar Sites, Nexstar Services or Third Party Services (including, but not limited to, through User Content or third party advertisements) will be accurate or reliable or free from harmful components, including viruses. Under no circumstances will Nexstar be responsible for any loss or damage, including, but not limited to, property damage, personal injury or death, resulting from use of the Nexstar Sites, Nexstar Services, problems or technical malfunction in connection with use of the Nexstar Sites or Nexstar Services, attendance at a Nexstar event, any material downloaded or otherwise obtained in connection with the Nexstar Sites or Nexstar Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Nexstar Sites, or the conduct of any users of the Nexstar Sites or Nexstar Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not reflect the opinions or policies of Nexstar. Stock and mutual fund quotes, and related financial stories may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Nexstar Sites should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Limitation on Liability IN NO EVENT WILL WE, OUR PARENTS, SUBSIDARIES, AFFILIATES AND EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, INFORMATION PROVIDERS, LICENSORS AND SUBLICENSEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, ECONOMIC OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE NEXSTAR SITES AND SERVICES, THE CONTENT, ANY THIRD PARTY CONTENT, MATERIAL, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE NEXSTAR SITES, OR ARISING OUT OF OR IN CONNECTION WITH TRANSPORTATION TO OR FROM EVENTS OR GATHERINGS, ATTENDANCE AT EVENTS OR GATHERINGS, PARTICIPATION IN OR EXCLUSION FROM EVENTS OR GATHERINGS AND THE ACTIONS OF YOU OR OTHERS AT EVENTS OR GATHERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE MAXIMUM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NEXSTAR, OR FIFTY DOLLARS (US $50) (WHICHEVER IS LESS).
Software; U.S. Export Controls If you download our Software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the Software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the Software. Software available in connection with the Nexstar Sites and Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Nexstar Sites or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
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A BLACKBURN Rovers player is being lined up to open the new British Heart Foundation furniture and electrical store in Blackburn on Tuesday.
The unnamed player will join the Mayor of Blackburn, Councillor Zamir Khan and shop volunteers in Darwen Street at 10am.
The new store will provide affordable second-hand furniture and electrical items for the local community. Generous members of the public have donated everything from suites, sofas, chairs, dining sets, beds and wardrobes plus an array of electrical items including TVs, Hi-Fis, washing machines, fridges and dishwashers. All the money raised will help the BHF continue its fight against heart disease – the UK's biggest killer.
Trudy Warburton, area manager, said: "So far we've had a brilliant response from the local community and we're hoping that people will support us on our first day by coming in to have a look at all the bargains available."
Anyone interested in helping out at the store, call the manager on 0844 848 9615.

subset: commoncrawl


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The Society Vice-Presidents' Cocktails 2012
The Oxford & Cambridge Society Malaysia recently held its annual Vice-Presidents' Cocktail Party on Friday, July 6th at 6.30 pm. The evening was jointly hosted by Chook Yuh Yng (V-P Cantab) and Mark Disney (V-P Oxon).
You can view the Picture Gallery of this event by CLICKING HERE.


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Red Bull Thre3Style gives highly skilled DJs a global platform to showcase their skills, battle and gain notoriety by rockin' the dance floor. Unlike other DJ battles that are based on solely technical aspects, Red Bull Thre3style has a creative and original format that seeks to find the DJ that has best perfected the true art of rockin' the party. Competing DJs are given 15 minutes and the challenge to play three different genres of music while keeping the crowd rockin' on the dance floor. A panel of music industry judges will select the winners based on track selection, creativity, mixing skills, stage presence and crowd reaction. Whoever is named best on the decks gets bragging rights, a prize purse, and advances to the next step on the road to the world finals.
DJs: Konflikt, DJ EU, DJ Rowshay, TBD, TBD
Judges: Jazzy Jeff, A-Trak and Z-Trip
Friday, February 22, 2013
Mansion Nightclub
1235 Washington Avenue
Miami Beach, FL 33139
Follow @redbullMIA and #RB3style on Twitter for the latest news and updates


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Note: This message is displayed if (1) your browser is not standards-compliant or (2) you have you disabled CSS. Read our Policies for more information.
The Division of Chronic Disease, Primary Care and Rural Health work closely with their partners throughout Indiana in coordinating sustainable efforts to improve Indiana's burden of chronic disease and improve care. Chronic diseases are those illnesses and health conditions which have prolonged impact on a person's health. These diseases include heart disease, cancer, diabetes, and obesity. Chronic diseases are the leading causes of death and disability in Indiana and the United States. In addition to the human cost, the economic burden associated with chronic diseases is tremendous – billions of dollars are spent annually in Indiana in treatment of chronic diseases and their complications; billions are also estimated to be lost due to decreased workplace productivity related to chronic diseases.
A large majority of Indiana's 6.3 million persons are affected by one or more chronic diseases. Indiana has significantly higher rates than the national median for a variety of chronic diseases. Heart disease, cancer, and stroke represent the top three killers in Indiana. Many of these cases directly link to the alarming rates of obesity and tobacco use in Indiana - 30% of Hoosier adults report being obese and Indiana ranks among the highest in states in adult smoking (BRFSS 2009).
Chronic diseases are among the most prevalent and costly health problems in Indiana and the nation. They are, however, often preventable and manageable through early detection, improved nutrition, increased physical activity, avoiding tobacco use and exposure to secondhand smoke, and treatment therapy.


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Great job!
want to do some test.
Nice job
Great job!
want to do some test.
does someone know the password for wordlist zip files by Exploitz with link on page 31?
Thanks for the guide bofh28,and thanks pureh@te for hosting the man,while its all being worked out..
nice work keep it up
-=Xploitz=- Master Password Collection (download torrent) - TPB
Nice compilation. However I can't find the file
Excuse my ignorance but I do not see an attachments link. Is it my usergroup or am I being crazy?
I thinck i am stupid, where can i download the document? There is no link or something like that in the first post.
Thank you to Pureh@te for hosting the document, just browsed through it briefly and looks like an excellent read, thank you to the OP for all the work to compile this information. I am looking forward to testing on my equipment.


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Selected Community Events
Holly Fair
Nov 11, 2012 11:00-4:00
Broadwalk Beach Resort
Holly Fair is more than just a unique shopping experience, it is a holiday tradition! It paves the way for continued community growth and improvement as it helps fund the community projects of the Junior League of Panama City. Holly Fair is plans are underway and promises to be a shopping experience like no other. Come enjoy boutique like shopping with over 60 premiere merchants offering apparel, jewelry, children's items, home goods and original holiday items. Experience a wide variety of entertainment, great food, music, auctions and much more!
Holiday Shopping – $5 General Admission
Friday, November 9th from 10:30am-6:00pm
Saturday, November 10th from 9:00am-5:30pm
Sunday, November 11th from 11:00am-4:00pm
Preview Party – $50 Admission – Thursday, November 8th from 6:00pm-10:00pm
Join us for an elegant evening of culinary delights, fabulous entertainment, silent and live auctions, and exclusive holiday shopping.
Champagne Brunch – $20 Admission – Friday, November 9th from 8:00am – 10:00am
Join us for brunch, two hours of private shopping, and holiday entertainment.
Girls' Night Out – $10 Admission – Saturday, November 10th from 6:00pm – 8:00pm
Gather your girlfriends and join us for sweet delights and a chance to win something spectacular.
Location: Boardwalk Beach Resort, 9500 Thomas Drive, Panama City, FL 32408


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Select your color/finish:
KOHLER Biscuit
US List Price:
(based on selected color/finish)
Give your bath the clean look and comfortable feel of contemporary furniture with a Lawson drop-in bath or whirlpool. Create the impression of custom-made furniture with block legs and a recessed bottom edge when you install the optional apron.
- 5' length fits nicely into a standard opening, convenient for retrofit and new build
- Made from solid Vikrell material for strength, durability, and lasting beauty
- Durable high-gloss finish provides a smooth, shiny surface that is easy to clean
- Contoured backrest with lumbar support
- Simple, arched armrests offer support and added stability when you step in and out
- Conforms to ANSI Z124.1.2 and CSA B45.1 National Consensus Standards
- Two optional aprons available: with or without front access panel. Check local building codes for installation requirements.
- Optional flange kit available for easier conversion to alcove installation. Kit provides continuous rim support and added water containment benefits compared to non-flanged alcove installation.
Lawson™ 60" Apron without Access Panel
List Price: $105.40
The product was saved to your project folder.
*Due to the differences in monitors, technical factors, and characteristics of some of our finishes, the colors shown here cannot be represented with all their true qualities. The color tiles should only be considered a guide *All prices are Manufacturer's Suggested List Prices in U.S. dollars. The price you pay at your local supply outlet may be different than the Manufacturer's Suggested List Price. These prices supersede previous prices and are subject to change without notice. These prices do not include shipping. Any sales tax applicable will be added to the prices.


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Best Of :: Sports & Recreation
Small specialty sporting goods stores, where expert athletes/salesmen carefully inspect your foot before finding just the right shoe, are an oasis for the dedicated athlete. At Run On!, a store that specializes in running shoes and gear, a salesman fitted us for a pair of Nikes with a narrow insole--just the way we like them--without telling us the cost. We expected him to say $120 or worse. The damage was much lower: $80. With three area locations, Run On! truly looks out for the consumer. It also sponsors cross-country runs and other events.
There are so many moments that led to this winning entry that the playoff victory only grows more astounding with time: Steve Nash hitting the jumper over John Stockton with 12 seconds left to take Game 3 of the best-of-five series; Dirk Nowitzki and Michael Finley dominating the rout of the Jazz in Game 4; and the incredible double-digit, fourth-quarter comeback in Game 5, on the Jazz's home court, that led to the end-to-end astonishing scenes. One, that Michael Finley passed up the last shot to dish to a wide-open Calvin Booth to give him the layup and the team the lead. Two, that both John Stockton and Karl Malone missed open shots that would have given the Jazz the victory. It was all so unexpected that it gave this town a renewed sense of sports-watching awe. One request: Don't expect to see such a storybook finish this year. It's too much to ask of your Mavs. Just revel in 2001's season of b-ball fun. You may not see another like it for some time.
How we miss Big John. What a kind soul, always giving, never taking. Always eager to help the media with an informative dose of sarcasm and contempt. And that voice, that shrill, disagreeable voice, well, it doesn't get much better than that. Yeah, he was great. Then that no-good Tom Hicks and his toady, Doug Melvin, fired Johnny and instated Jerry Narron, who's a good guy but reminds us of poi. (Have you ever eaten poi? It's a lot like talking to Narron for more than a minute.) And for what, we ask? OK, maybe the Rangers weren't doing so hot. Maybe they were 20-some games out of first place and the pitching was ridiculous and the hitting was worse. And? The point? This award is for the best coach/manager, and, if you talked to the ornery one long enough, you'd get the sense that the losing had nothing to do with him, because he was a top baseball strategist, and everything to do with his no-good players, who were no good. So here's to you, Johnny, you being from another planet. You may be unemployed, but your knowledge of hit-and-runs and propensity to remind reporters of their baseball shortcomings is unparalleled.
It hurts giving this to someone at The Dallas Morning News, but as the Newsers go, Sherrington is a good one. We're still big fans of Randy Galloway, but we just don't see the Star-Telegram much anymore. (The Internet? Yeah, right. You ever tried to surf the Star-T Web site? Go ahead. We'll talk to you in a month.) For the most part, though, local sports scribes are disgruntled former athletes who never made it or pencil-necks who lucked into the business and wouldn't know a football from a foot in the 'nads. Not so with Sherrington. (We checked by kicking him in the groin.) He has a talent for finding otherwise overlooked stories, then translates them into solid copy with an engaging writing style. He has a wit and elegance to his writing that pulls you through and keeps you from using that particular section of newsprint for making paper hats during your kid's birthday party. Doesn't get much better than that.
Granted, they are few and far between, but the owner of the fast-fading Cowboys gets high marks for his decision to include former Olympic sprint champion and All-Pro wide receiver Bob Hayes in the club's oh-so-exclusive Ring of Honor. The planned Texas Stadium ceremony is about a decade late, but better than never, particularly in light of the fact Hayes' health is not good. Now, if Jones wants to make this celebrated list a second year running, he can get busy and announce that former general manager and NFL Hall of Famer Tex Schramm is next on the list.
A tough category. Still, even in a crowded field, one man stands out: that big rich billionaire owner who isn't Mark Cuban. It's one thing to want your team to win. It's another to shell out an exorbitant amount of money in pursuit of that goal. But when you sit around and tell everyone that signing A-Rod for the now-infamous sum of $252 million will catapult the Rangers back to the top of the division, you've crossed the line. Come on, Tom Hicks, what were you thinking? Have a little modesty, and no one's bugging you. But be a braggart, and here we are. Getting Alex Rodriguez was good. Getting geriatric-ward regulars Ken Caminiti and Andres Galarraga and then thinking they could overcome horrible pitching was, ah, less than good.


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WATCH: Drunk driver admits to killing man in Youtube video
(Columbus, OH) -- A young Ohio man is delivering a powerful message about not driving drunk through an online video. Matthew Cordle posted a video this week on YouTube admitting he drove the wrong way while drunk on a Columbus interstate and killed a man in June. Cordle says he's aware his confession will lead to charges, but he says he wants to prevent others from causing future injuries or deaths by driving drunk.


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Did you know?
Colesberg is named after Sir Galbraith Lowry Cole, a former governor of the Cape Colony. It's earlier name was Towerberg (after the koppie overlooking the town).
If you are on a road trip which takes you past Colesberg in the Karoo, roughly halfway between Johannesburg and Cape Town, you might wish to plan a stop at a local B&B called Die Kleipot.
This 10-roomed guesthouse, run by Darren and Lindsay Stewart, is just off the N1, and the restaurant is open for breakfast daily, for lunch on Sundays and for dinner from Tuesdays to Saturdays – and their food is definitely worth stopping for.
What they cook depends on what fresh produce is available, some of which comes straight out of the garden. The menu always has an exciting selection of dishes like courgette and rosemary soup, Thai vegetable curry and rice or sirloin steak with horseradish and potatoes.
If you are keen on venison, you might wish to sample the Asian-style warthog belly with noodles, or springbok stroganoff with chips. Carnivores will also enjoy the beef carpaccio with balsamic vinegar, rocket and parmesan; red wine braised lamb shank with root vegetables or the beef fillet espetada with garlic butter.
For vegetarians, there are offerings like sauteed mushrooms with pine-nuts and sherry caramel; and pasta cannelloni with cream cheese, oven-dried tomato, basil and rocket.
Dessert is big in this part of the world and traditional treats include koeksusters (a deep-fried dough dipped in syrup) and melktert (a kind of custard tart). More regular offerings are the apple crumble and custard, a chocolate fondant or some delicious local cheeses.
The restaurant does not have a liquor licence and a small corkage fee applies to those who bring their own.
If you want to book into the B&B, you'll find comfy rooms with en-suite bathrooms, a fridge, heater and fan, tea and coffee-making facilities, satellite TV and a safe.
This Karoo town, in the heart of sheep-farming country, is surrounded by koppies (or rocky outcrops). It takes its name from Coleskop, a koppie that overlooks the homes and buildings in the town.
The local tourist office offers a three-hour walking tour which takes you past local monuments and churches as well as the Kemper Museum, featuring local history, architecture and the culture of the people known as the karretjiemense, a nomadic group of sheep-shearers who travel around the Karoo in donkey carts.
The Gariep Dam, popular with watersport enthusiasts, is only 50km away.
Travel tips & Planning info
Who to contact
Die Kleipot
14a Earl Haig Street
Tel: +27 (0)51 753 0360
Cell: +27 (0)82 969 0674
Email: firstname.lastname@example.com
How to get here
Die Kleipot is about 1km off the N1 highway turn-off and in the upper part of town in Earl Haig Street.
Around the area
The Gariep Dam is a big attraction for those who enjoy watersports.
What will it cost
A three-course meal will cost you between R120 to R150 per person.
Length of stay
Many travellers overnight in Colesberg when travelling between Johannesburg and Cape Town, but you could spend longer if you want to explore the area.
What to pack
The Karoo is hot in summer (October to March) and chilly in winter (May to August), especially at night.
Where to stay
Die Kleipot B&B has en-suite bedrooms with satellite TV, tea- and coffee-making facilities and a fridge.
What to eat
Karoo lamb is always a good choice. This is sheep country.
What's happening
The town features typical Karoo architecture and the local Kemper Museum will give you some insight into life in this little town.


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I try to never do dist-upgrade, for me it breaks things. I'm not sure why you had those kept back though. It doesn't do that for me, though I set a root password and log in as that.
Hi everybody
I'm a little bit confused right now about the hole upgrade story. There were some problems in Beta Version (Back|Track LiveCD Blog: apt-get upgrade breaks BackTrack 4 Beta KDE - that's why I never did an upgrade). But it should work now in BT4 Pre Final because BT has his own repos, right?
So am I right that
should be ok and will not update from intrepid to jaunty and break kernel modifications (I'm worried because post http://forums.remote-exploit.org/bac...-avalible.html is in the BT4 Pre Final Section)?sudo apt-get update && sudo apt-get upgrade
I tried to update in VMWare and it worked, but I got a
so I did aThe following packages have been kept back:
backtrack-web backtrack-wireless backtrack-world
0 upgraded, 0 newly installed, 0 to remove and 3 not upgraded.
and now e.g. BUC is installed and I get a confusing italian informationapt-get dist-upgrade
Any reason why I shouldn't always do a?
sudo apt-get update && sudo apt-get upgrade
sudo apt-get dist-upgrade
I try to never do dist-upgrade, for me it breaks things. I'm not sure why you had those kept back though. It doesn't do that for me, though I set a root password and log in as that.
Of course, if you really wanted to have some fun, go to Wal-Mart late at night and ask the greeter if they could help you find trashbags, roll of carpet, rope, quicklime, clorox and a shovel. See if they give you any strange looks. --Streaker69
So if I read you right you're trying to go from BETA to Pre-Final via apt??
dd if=/dev/swc666 of=/dev/wyze
No! I know that won't work as discussed in http://forums.remote-exploit.org/bac...pre-final.html. I'm just updating my Pre Final and because I'm not too familiar with the hole driver/kernel stuff I'm asking. And I'm wondering why or for what purpose I need dist-upgrade
OK let me try and clear this up.
#1 Completely forget anything that had anything to do with bt4 beta including the repo address.
Here is how things work now.
We have our own repo which we take the responsibility of getting every thing from the main repo. So you should only have 1 source in your sources.list. If you add any more for whatever reason , I can not guarantee your sh*t will not fail. That being said you should never be afraid to update from us and us only. Thats not to say there wont be mistakes or failures but we will do our best. If anything does fail we rely on you guys to post it or contact one of us via email. We have a test repo where stuff goes first for a few days to a week depending on the update, then if that works we add it to main repo and you get it then. Hope that clears it up.
Thanks. It's clear that I can't just add a repo. I will do this in the future:
sudo apt-get update && sudo apt-get upgrade
sudo apt-get dist-upgrade


text:
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Helps prevent sunburn. If used as directed with other sun protection measures, decreases the risk of skin cancer and early skin aging caused by the sun.
100% Vegetarian Ingredients.
Inactive Ingredients: Aqua (Water), Cetyl Alcohol, Glycerin, Glyceryl Stearate SE, Dimethicone, Caprylic/Capric Triglyceride, VP/Hexadecene Copolymer, Citrus Aurantium Dulcis (Orange) Peel Oil, Aloe Barbadensis Leaf Juice(1), Calendula Officinalis Flower Extract(1), Camellia Sinensis Leaf Extract(1), Chamomilla Recutita (Matricaria) Flower Extract(1), Ginkgo Biloba Leaf Extract, Lavandula Angustifolia (Lavender) Flower Extract(1), Tocopheryl Acetate, Alcohol(1), Cetearyl Alcohol, Cetearyl Olivate, Citric Acid, Linalyl Accetate, Polysorbate 60, Sodium Chloride, Sodium Stearoyl Glutamate, Sorbitan Olivate, Triethyl Citrate, Xanthan Gum, Benzyl Alcohol, Potassium Sorbate, Sodium Benzoate, Amyl Cinnamal, Citral, Citronellol, Geraniol, Hydroxycitronellal, Limonene, Linalool. (1)Certified Organic Ingredient
Children under 6 months: ask a doctor.
Sun Protection Measures: Spending time in the sun increases your risk of skin cancer and early skin aging. To decrease risk, regularly use a sunscreen with Broad Spectrum SPF 15 or higher and other protective measures including: limit time in sun, especially from 10am to 2pm, and wear long-sleeved shirts, pants, hats and sunglasses.
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Advocate leading mental illness support program in Pictou County
Sherry Blinkhorn would like to see a time when talking about mental illness becomes just like talking about the weather.
PICTOU – Seven women and six men have been selected to hear evidence in the murder trial of Christopher Alexander Falconer.
The 31-year-old county man is charged with the kidnapping and first-degree murder of 19-year-old Amber Kirwan between Oct. 9 and Nov. 5, 2011.
Falconer stood on the stage of the deCoste Centre and entered a not guilty plea early on in the proceedings. He sat quietly on the stage for the morning proceedings after arriving at the Pictou Justice Centre around 9 a.m. in sheriff's custody.
Kirwan was reported missing on Oct. 9, 2011, after leaving friends at a downtown New Glasgow pool hall. Her remains were found in Heathbell about a month later. The missing person case and homicide investigation garnered national media attention and resulted in the victim being named "Pictou County's angel."
Jury selection began at 9:30 a.m. at the deCoste Centre, which was made into a makeshift courthouse to accommodate the larger than normal size jury pool.
Four hundred jury summonses went out, but only about 200 people actually showed up Monday due to exemptions granted before the selection took place. Thirty people without exemptions failed to show up for jury selection.
The morning's proceedings saw court staff and Justice Nick Scaravelli granting numerous general exemptions to people based on work conflict or health concerns while more specific exemptions were held later in the day.
When 13 jurors were selected, there were only 22 people left in the auditorium of the deCoste Centre. Only 12 jurors will be able to deliberate so when it comes time for the jury to discuss the evidence, one person will be randomly chosen to sit out of the deliberations. An extra juror was chosen during the selection in case someone had to be excused during the trial.
A total of 42 witnesses have been subpoenaed by the Crown to testify including Donnie and Marjorie Kirwan, who are Amber's parents, as well as Mason Campbell, her boyfriend. Friends who were involved in the search for KIrwan are also being called by the Crown as well as slew of RCMP and police investigators and specialists.
"It is important for people to hear from Marjorie and Donald Kirwan because Amber Kirwan isn't here to speak for herself," said Crown attorney Bill Gorman.
Gorman said there is a large amount of forensic evidence to be heard at the trial.
Following jury selection at the deCoste Centre, Justice Scaravelli resumed the proceedings in Supreme Court at 5 p.m to give the jury their instructions for the trial, which is expected to last a month.
The Crown expects to get through eight or nine witnesses on Tuesday, some of whom could be Kirwan's parents and friends.


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Project DescriptionSince the 1970s, the federal government has spent billions of dollars on wastewater-treatment plants to bring them up to snuff, or at least to meet federal mandates. Much of this money has come in the form of Clean Water Act grants for states, municipalities, universities, and nonprofits. No amount of money, however, can change the perception that wastewater treatment belongs out of sight and out of mind.
Architects have taken up the unlikely burden of making water treatment more visible—as treating wastewater and returning clean water to users, or "closing the loop" in technical parlance, is a critical way to preserve freshwater and protect headwaters. Three recent projects of different scales demonstrate not only progress in the treatment of wastewater, but also new opportunities in the design of treatment plants.
Regulation, as it turns out, can serve as a source of inspiration. The U.S. Environmental Protection Agency has tightened regulatory limits on nutrient discharge levels, prompting municipalities on sensitive watersheds to overhaul their water-treatment procedures. For example, a nonprofit consortium of municipalities in Washington state—the cities of Lacey, Olympia, and Tumwater, as well as Thurston County (LOTT)—was required to add nutrient removal to its wastewater treatment program before discharging into Budd Inlet, part of the Puget Sound, in the '90s; the regulations were tightened in 2005 and Budd Inlet was deemed impaired for aquatic life.
Under the new dispensation, the LOTT Treatment Alliance commissioned Seattle's Miller Hull Partnership to design the new 32,000-square-foot Regional Services Center—which was built in 2010 and has since earned LEED Platinum certification—as part of the existing treatment plant on site. For the plant, Scott Wolf, FAIA, and Robert Hull, FAIA, converted an older lab and administration building into a state-of-the-art water-quality testing lab.
LOTT managers further decided to produce and sell Class A recycled water. Class A recycled water is treated to a high safety standard: It can be used to irrigate crops for human consumption. Their first customer for that water is the plant's service center, which is just downstream of the plant and consolidates all of LOTT's administration and operations staff (formerly spread out between two buildings in different locations) in one building.
Miller Hull helped LOTT install a cogeneration plant within the wastewater-treatment plant, which also serves the Regional Services Center. It takes another waste product of the treatment plant—methane—and uses it as fuel to fire generators. The cogen plant produces additional electricity and helps fire the boilers that in turn produce additional heat for the low-temperature water loop. "We recognized that there was this waste product amenity on the site such that we were able to pull off another line from that loop to serve a new children's museum on an adjacent parcel," Wolf says.
The services center building also houses the Water Education Technology Center (WET). WET is an interactive museum focused on water use and conservation. One computer-assisted map encourages visitors to "flush" toilets on site and see how far wastewater travels from their home to the treatment plant. "To a lot of people, water and wastewater systems are invisible—water is the 6 inches between the faucet and the drain," Wolf says. "We're making the invisible visible."
On a smaller scale, the San Francisco Public Utilities Commission (SFPUC) decided that its new headquarters—still under construction in the city's Civic Center area—should practice what the agency preaches. "We're asking our customers in a big way to conserve water," says Rosey Jencks, who is with the SFPUC's Urban Watershed Management Program. "Our commissioners wanted us to walk the talk."
In 2001, KMD Architects, working then with Stevens & Associates, had originally won a request for proposals in San Francisco to design a 227,500-square-foot public building that met LEED Silver requirements; however, the project was put on hold in 2002 as a result of the dot-com bust. In 2006, when the San Francisco PUC began looking for a new headquarters building of that same size, the project was reborn. The 15-story building, which won an AIA San Francisco 2010 Excellence in Unbuilt Design award, features built-in wind turbines and solar panels and is predicted to use 55 percent less energy than a building of a comparable size. An almost completely closed-loop water system will treat close to 5,000 gallons per day of wastewater generated by the building.
The SFPUC headquarters becomes a treatment plant in itself. The building's wastewater is collected from throughout the building and stored in a below-grade primary tank. "That tank is really meant for screening foreign objects like plastic that people may flush down the toilets, to give them a chance to settle out," explains KMD designer and project lead Michael Rossetto. From there, the water is pumped into the so-called Living Machine system for treatment.
The Living Machine system, which has also been installed recently at the Port of Portland, is an engineered acceleration of natural tidal wetlands processes, Rossetto says. Wastewater is piped up into a series of divided cells, or planters, containing treatment wetlands. Bacteria and microcrustaceans in the aggregate consume the wastewater products, says Rossetto, "converting nasties to non-nasties" (e.g., converting ammonia to nitrogen to nitrogen gas, completing the natural nitrogen cycle). Each time the wastewater is pumped from one cell to another, the water gets a little cleaner. "Out in the marshes, the tides go up and down, oxygenating the soil several times a day," Rossetto says. "This system accelerates that—pumps will raise and lower the level of the wastewater in the treatment cells several times a day, oxygenating it."
On the other end of the scale is a plant that opened recently in Brooklyn, N.Y. There, architect Richard Olcott, FAIA, of Ennead Architects has been working with the New York City Department of the Environment since 1991 on a $4.5 billion phased upgrade of nine different buildings that make up the Newtown Creek Wastewater Treatment Plant. A 53-acre site, the Newtown Creek plant treats wastewater from a staggering 1.5 million people per day, discharging the effluent into the East River. Like many older treatment plants around the country, this one (built in the late 1960s) had not been meeting Clean Water Act requirements for many years. Plant superintendent Jim Pynn explains that the plant was only removing 65 percent of the pollutant load coming into it; the Clean Water Act requires at least 85 percent of the load to be treated.
In 1990, a master facility plan was drawn up that called for a design that would bring treatment up to the 85 percent load requirement. New York City's then-chief-architect for the Department of Environmental Conservation, Michael Cetera, recommended Olcott, James Polshek, FAIA, and Timothy Hartung, FAIA, of Ennead Architects—then known as the Polshek Partnership—as the architectural team that would work on the project with three engineering firms.
The designers are renovating the buildings on a phased schedule, as the plant must remain operational—an unusual challenge. "You can't turn this plant off," Olcott says. "The project has required a whole game of musical chairs where you build a part of the system and put it online, then shut down an old part and take down a building."
The plant's large, egg-shaped digesters, which treat the residual material that is removed from the wastewater—also known as sludge—are a signature feature of the building design. But the design for them wasn't obvious, in particular the enclosures and catwalks connecting them. "We knew there was going to be an egg," Olcott says. "We had to figure out what it would look like, the enclosure and the catwalks connecting the eggs."
Today, the Newtown Creek plant is averaging removal of 93 percent of its pollutant loads—more than that required by the Clean Water Act, Pynn says. Unlike the San Francisco or Washington State projects, Newtown Creek does not produce gray- or recycled water. Pynn says that it would be extremely expensive to retrofit an older city such as New York to use gray- or recycled water.
Olcott says that designing wastewater infrastructure represents a huge opportunity for architects. "Wastewater treatment has always been a neglected part of our culture that no one wants to think about. But, one by one, these plants are all going to have to get fixed."
In the long run, Miller Hull's Wolf says, the ultimate goal of all new wastewater-treatment projects—and where technology will lead in the future—is water treatment and reuse. "We have the technology to do it, but the public health agencies are not quite there yet. With all of the pressures on global resources, closing the loop is going to be essential."


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BMW News from around the Web
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Join Date: Dec 1969
Location: SF
Posts: 11,971
My Ride: 03 Ti Silver M3
Headlight Information Guide
Racing Dynamics, Inc. of Alexandria, VA built this 2003 BMW 330i, owned by Gary Martin. The concept behind the build is an E46 four-door with unique styling, and performance to rival the E46 M3.
The first thing you notice about the car is the striking exterior. A full list of Racing Dynamics components was installed to give the four-door family car a sporty look. The Racing Dynamics Tornado Aerodynamic Package consists of a Front Bumper Cover, Side Skirts, and Rear Bumper Cover. Both Front and Rear Bumper Covers retain the OEM bumper supports for safety and strength. A Racing Dynamics Rear Window Spoiler extends the roofline to give the car a lower appearance, and the subtle Racing Dynamics Lip Spoiler sits at the trunk edge. Clear Corner Lenses, Euro Taillights, BMW Euro Black Window Trim, and a Backed-Out Front Grille finish off the clean look. Racing Dynamics Hood Roundel and Chrome Trunk Emblem let people know you have more than just the average BMW.
The interior is enhanced with Racing Dynamics Billet Shift Knob, Racing Dynamics Crest Floor Mats, and an E46 M3 Steering Wheel. Two 12" Eclipse Subwoofers in a custom enclosure are pushed by a PPI Reference Series Amplifier, while a MTX 3-Channel Crossover splits the signals.
The suspension setup was chosen to maximize handling and looks without sacrificing comfort. Bilstein PSS9 Coilovers allow both height and damping adjustments, giving the user the ability to manipulate ride height and damping control. Racing Dynamics Anti-Sway Bars keep the car virtually flat while cornering. The 27mm Front Bar has three adjustment points and the 24mm Rear Bar has two, allowing the user to fine-tune handling characteristics. Adjustable Heim Joint End Links and Urethane Bushings allow free travel without binding, letting the Anti-Sway Bars work as designed. The Racing Dynamics Aluminum Strut Braces, front and rear, reinforce the chassis, reducing chassis flex and maximizing tire contact. Racing Dynamics RD2 19" Road Wheels wrapped in 235/35 Continental Contact Sport S2 Tires keep the 330i firmly planted to the asphalt. PBR Brake Pads all around reduce brake fade and dust.
The Racing Dynamics "Power Kit" consists of Racing Dynamics Sport Camshafts and EMS Software, tuned to maximize efficiency and power output. A Carbon Fiber Engine Cover is also included in the "Power Kit" to awe onlookers when the hood is open. The Racing Dynamics Cold Air Intake features a composite heat shield to block unwanted hot air from entering the intake stream. Since the filter is mounted in the correct OE location, there is no risk of water ingestion as in other designs. The Racing Dynamics Sport Exhaust features Stainless Steel construction and dual 90mm round tips with the Racing Dynamics logo. The tone is aggressive, but not overpowering. Throttle response is improved with an Under-Drive Pulley Kit, which reduces the engine's rotational mass. The above upgrades net a respectable 278hp and 226 lb/ft. Not quite M3 territory, but an enormous improvement over the stock 225hp.
To help close the gap a little further, a 6-Speed gearbox was swapped in place of the stock 5-Speed unit. A BMW Performance Clutch and upgraded Drive Shaft was installed at the same time to improve reliability under hard driving. Installing a Euro-spec 3.46 Differential shortened the final drive. Top gear revs were raised slightly, but the improvement in acceleration from just the transmission and differential is impressive.
All in all, Gary's 330i is more than the sum of its parts. The drive train and suspension modifications blended with the styling components and interior enhancements combine to make a vehicle that gives the driver a unique driving experience. The vehicle slots itself easily above a stock 330, and just (barely) below the E46 M3.
For more information on Racing Dynamics, Inc. and products for your BMW, visit www.racdyn-usa.com or email firstname.lastname@example.com.
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Tornados and severe weather can impact East Baton Rouge Parish at any moment's notice. They are most prominent during the spring and can cause major damage that affects both the public and private sectors of the City-Parish. Below are some helpful tips and information to aid you and your family during a tornado or severe weather incident.
If you feel the information on this page is incorrect or out
dated, please contact this department's
content manager.
disclaimer | privacy | accessibility| social media terms of use
Copyright © 1997-2017 City of Baton Rouge/Parish of East Baton Rouge


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Navigate Significant Life Changes without Anxiety or Fear!
Imagine having the inner strength and self-assurance to navigate personal and professional transitions with grace, ease, and confidence.
You're in the right place! Hi, I'm Wallette McCall and let me first say that you have my respect and admiration for daring to step out your comfort zone and enter into unfamiliar territory. Facing unknown and new challenges can be scary and overwhelming.
AnotherLevelCoaching.com was created to help women who are experiencing life and career transitions. Women who KNOW they HAVE to make a significant shift RIGHT NOW to begin to fully enjoy their lives. But they are either incredibly afraid of making that shift or they just don't know how to do it so they feel completely stuck.
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• People pleaser to a woman of confidence…
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Are you ready? I'd be happy to spend a few minutes sharing with you the 5 strategies I use that have helped women make these shifts. You owe it to yourself to make it really happen this time!


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Feminism | Posted by Julie Z on 07/7/2009
Boise man takes picture up woman's skirt
Yesterday, a man in Boise was arrested for trying to take pictures up women's skirts in downtown Boise.
He was then inducted into the national tool society of America, given a fedora (the official headwear of tools) never to be taken off, and celebrated by drunken guys who somehow manage to survive despite their .05% brain functioning rate.
Sigh…if only. I am glad that this was taken seriously as a crime- his bond was set at $20,000 and he will be back in court later in July.
And if only the witnesses had been aware it was happening, that would have made a great entry on a hollaback site.
Read other posts about: hollaback, national tool society of america, video voyeurism


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You can also call:
To ask for a civil harassment restraining order there are several steps you have to take. But first make sure that:
1. A restraining order is right for you. Read Can a Civil Harassment Restraining Order Help Me? (Form CH-100-INFO).
2. You qualify for a civil harassment restraining order. You qualify if:
3. If available, you get help from an agency in your area.
Once you are sure you qualify for a civil harassment restraining order, you are ready to fill out the forms (or have a lawyer or civil harassment self-help clinic help you with the forms). If you are not sure you qualify, ask a lawyer. Click for help finding a lawyer. You can also ask your local domestic violence agency. They can let you know if you need to file a domestic violence restraining order instead of a civil harassment one. Your court's self-help center may also be able to help you with the restraining order.
STEP 1. Fill Out Your Court Forms and Prepare to File
STEP2. File Your Court Forms With the Court
STEP 3. "Serve" Your Papers on the Restrained Person
STEP 4. Get Ready and Go to your Court Hearing
STEP 5. After the Court Hearing
1. Fill out your restraining order forms
Fill out:
2. Fill out your court's local forms (if any)
Ask your local court clerk if there are local forms you have to fill out. Some courts also have forms on their website. Find your local court's website.
3. Have your forms reviewed
If your court's self-help center helps people with civil harassment restraining orders, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case.
4. Make at least 5 copies of all your forms
One copy will be for you; another copy will be for the person you want protection from. The extra copies will be for other protected people or for you to keep in a safe place. The original is for the court.
Some courts do not want you to make the copies until after Step 2 below, so make sure you ask your court clerk for the procedures in your court.
IMPORTANT: Your restraining order paperwork will go to the restrained person in your case and he or she will get a chance to see everything you write. If you are staying somewhere you do not want the restrained person to know about and you want to keep the address confidential, do NOT write it on these papers. You can use a program called "Safe at Home" that gives you a secure address to use for your court papers (or for banking and other things) where you can still get your court papers without having to reveal your confidential address. Click to learn about Safe at Home.
Once you have filled out all your forms, you have to file them with the court. Keep in mind that procedures for filing papers for restraining orders vary from court to court, so check with the court clerk for the procedure in your court.
In general, you have to follow these steps:
1. Take your forms to the court clerk
The clerk will let you know what to do next. In some courts, the clerk will give all your forms to the judge. In other courts, you may have to go to the courtroom directly. Either way, the judge will read your papers (maybe speak to you) and make a decision on whether or not to make the orders you are asking for. If you leave your forms with the clerk, ask the clerk when to return to see if the judge made the orders you asked for. The judge must decide by the next business day, but the exact time varies from court to court.
2. Find out if the judge issued the temporary restraining order
Return to the courthouse when the clerk tells you to pick up your paperwork. Look over all the paperwork the clerk returns to you to see:
3. File your forms
The court clerk will file your forms, including the Temporary Restraining Order (CLETS - TCH) (Form CH-110), if it was granted. "File" means that the court clerk will make the order an official part of the court's record of your case. The clerk will keep the original for the court and give you the 5 copies stamped "Filed." If you need more copies, you can make them yourself.
4. Distribute your copies of the temporary restraining order, if it was granted
Restraining orders get entered into a special computer system at the California Department of Justice. That way, police officers across the state can find out about your order. In many courts, the court will send your order to the state computer for you. But if your court does not do it, you must do it yourself. Look at item 9 of your Temporary Restraining Order (CLETS - TCH) (Form CH-110) to see whether you or your court clerk will do this.
If the judge did NOT give you any or all of the orders that you asked for
You can see if the judge denied all or some of the temporary orders you requested by looking at item 4 of the Notice of Court Hearing (Form CH-109). Even if the judge did not make all the temporary orders you asked for, you can still go to the court hearing and ask for those orders. The judge may grant them at the court hearing, even if he or she did not grant them as temporary orders before the hearing.
If the judge denied your request because, in his or her opinion, the facts you provided on your Request for Civil Harassment Restraining Orders (Form CH-100) did not justify a temporary restraining order (you can find out by looking on item 4(b) of your Form CH-109), you can also try to provide more specific information and facts for the judge, and resubmit your temporary order. To do this, you will have to file an amended Form CH-100 with the additional information, as well as a new Form CH-109 and Form CH-110.
If all or part of your request was denied and you do not want to go forward, you can tell the court clerk that you want to cancel the court hearing. If you do that, you can also dismiss your case by filing a Request for Dismissal (Form CIV-110) or simply do nothing, which will keep the case open but inactive if no more papers are filed. If you want, you can refile your request at a later date. If you dismissed your case, you will have to go back to Step 1 above to fill out and file all the initial forms. If you did not dismiss the case, and simply canceled the court hearing, you will have to file an amended Form CH-100, and a new Form CH-109 and Form CH-110. Your court may handle this process a little differently, so make sure you ask the clerk what to do if you want to drop your case or want to re-open it later.
"Serving" means that the other side must get copies of any paper you file with the court. In "service" a third person (NOT you) is the one who actually delivers the paperwork to the other side. The person who does this is called the "server" or "process server."
The server must:
Until the other side has been properly "served," the judge cannot make any permanent orders. Remember, so far, you have a temporary restraining order, which runs out the day of your court hearing unless the judge extends it or gives you a "permanent" restraining order.
In civil harassment cases, a law enforcement officer may be able to serve your restraining order papers for you. Look at item 10 on Form CH-110 to see if the judge included an order for free service by law enforcement. They will do it for free if the restraining order is based on stalking, violence, or a credible threat of violence. Otherwise, they may charge you a fee unless you have a fee waiver order from the court.
You can also hire a "process server," which is a business you pay to deliver court forms. Search online for "process serving" in your area or look in the Yellow Pages of your phone book.
For more help with service, read What Is "Proof of Personal Service"? (Form CH-200-INFO). And read the section on service of process.
To serve your papers, follow these steps:
To find your deadline for service:
In addition to serving a copy of your papers, also serve BLANK:
If the restrained person was NOT served
The restrained person must be served before the hearing. If the restrained person wasn't served, you can ask the judge to extend the temporary restraining order until a new court date to give you more time to serve your papers. Read How to Ask for a New Hearing Date (Form CH-115-INFO) to find out more details.
You will need a Request to Continue Court Hearing (Form CH-115) to ask the judge for a new court date. Do this before or at your hearing. (If you wait until after the hearing, you have to start from the very beginning.) If the judge signs this order, the restraining order will last until the new hearing date.
To ask for an extension on the restraining order and new court hearing date:
This section will tell you how to get ready for your hearing.
Be prepared:
Do not miss your hearing!
If you miss it, the restraining orders will end and you will have to start from the beginning.
Get there 30 minutes early:
Practice what you want to say:
During your hearing, the judge may ask questions
The judge's decision
At the end of the hearing, the judge will say what the orders are. The judge may:
Ask the clerk for the forms you need so you can make sure that the temporary orders (if any) are extended until the new hearing date.
See Going to Court to read more information about how to prepare for your court hearing.
If the judge issues a restraining order at the hearing, or any type of orders, you will have to prepare a written order for the judge to sign. In some courts, the clerk or other court staff will prepare this order. If so, make sure you review it very carefully to make sure it says exactly what the judge orders and the clerk did not leave anything out. If there is a problem, tell the clerk right away.
If you have to fill out the order, follow these steps:
1. Fill out the Civil Harassment Restraining Order After Hearing (CLETS - CHO) (Form CH-130), which will become your "permanent" restraining order.
2. Fill out a Confidential CLETS Information (Form CLETS-001) if you have not done this already. This form does NOT get filed. It is confidential. It is used so that your restraining order can be entered into a statewide computer system that lets the police know about your order.
3. Give your Form CH-130 to the clerk (or the judge) and the judge will sign it. Make sure the clerk files it. The clerk will give you up to 5 copies.
4. Serve the restrained person with a copy of Form CH-130.
Remember, you and other protected people CANNOT serve the orders.
Your city or county may have legal aid agencies that help people ask for civil harassment restraining orders, but it usually depends on the type of abuse or harassment. For example, if you have been sexually assaulted, you may be able to get help from legal aid or a domestic violence agency. Sometimes, these agencies will also help with stalking cases. And they may help in other situations. It is hard to know whether you will qualify for help without knowing the specific situation you are in.
So, if you need a civil harassment restraining order, no matter why, first try to get help from your local legal aid agency. If they cannot help you, they may be able to send you to someone who can.
Click for help finding a legal aid agency in your area.
Your court's self-help center may also be able to help you with the civil harassment restraining order, or refer you to someone who can.
You may also be able to get help from 1 of these links: