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These Terms of Service (the "Terms") govern your use of the Naviance platform (the "Service"). The Service is owned and operated by Naviance Inc., a subsidiary of Hobsons, Inc. ("Hobsons").
By using the Service, you are deemed to have entered into a binding agreement with Naviance whereby you shall abide by these Terms and any accompanying Order Form (collectively, the "Agreement"). For purposes of clarity, any Order Form to which these Terms are attached or in which these Terms are referenced is deemed to incorporate these Terms.
If you have entered into this Agreement on behalf of an educational institution (an "Institution"), you represent that you have the necessary authority to bind that Institution to this Agreement. If you do not have the necessary authority, or if you do not agree with any of these Terms, then you may not use the Service. Any use of the Service in violation of these Terms is unauthorized and is expressly prohibited.
Naviance is committed to protecting your privacy, and therefore maintains a Privacy Policy which is incorporated as part of this Agreement and which may be viewed here.
As used in this Agreement, (i) the term "Customer" refers to the Institution and its officers, directors, agents, and employees, and (ii) the term "User" refers to a student, a student's parent(s) or legal guardian(s) and/or a person who registers for the Service through an account provided by Customer.
1. Scope. The Service is a web and mobile-based college and career readiness platform that helps students explore goal setting, academic planning, career exploration, and college and related post-secondary education preparation and planning. The Service also helps to identify and facilitate student connection with higher education institutions and scholarship providers that are of interest, while simultaneously operating as the system of records for Customers. Many core features of the Service may be activated solely at the discretion of Customer.
The Service also includes a browser interface and data transmission, access, storage (subject to commercially reasonable limits as may be imposed by Naviance in its sole discretion) and single sign-on capabilities. Customers and Users are responsible for their own Internet connection, communications and computer costs.
2. Optional Features.
2.1 Matching Features. The college planning function contained in the Service includes certain optional features (collectively, "Matching") that allow students to view information from and interact with Hobsons' higher education Intersect subscribers ("Higher Education Institutions"). Matching is inactive by default, and therefore must be enabled by an authorized representative of Customer who has obtained consent from the student's parent or legal guardian prior to the activation of Matching. Matching may be turned on or off at any time at the sole discretion and control of Customer.
If Customer enables Matching for its students, its students will be able to:
- View supplemental material on college profile pages and upcoming informational and other pre-enrollment events, and
- RSVP to upcoming events hosted by Higher Education Institutions.
In addition, students who meet certain non-personally identifiable criteria will:
- Receive additional information about nonprofit Higher Education Institutions, and
- If a student expresses interest in a nonprofit Higher Education Institution, that student will receive an invitation through the Service to connect directly with the Higher Education Institution. The student may then choose either to disregard or to respond to the invitation.
No student or Customer information is shared with any Higher Education Institution unless Customer has enabled Matching and the applicable student has explicitly opted to send his/her information directly to the Higher Education Institution.
2.2 Third Party Features. Customer may choose to activate and/or purchase features and services within the Service that are provided by third party service providers. All such third party features and services are inactive by default, and must therefore be enabled by an authorized representative of Customer. Such features and services may be turned on or off at any time at the sole discretion and control of Customer.
Once activated, some of these third party service providers require that a limited amount of personally identifiable information be shared in order to for the third party feature or service to function properly. All third party service providers are contractually required (a) to comply with all applicable laws, (b) to use the personally identifiable information only as necessary to provide the Service to Customer, (c) to delete the personally identifiable information when no longer needed or when Naviance requests that it be deleted on behalf of Customer, and (d) to comply with the Privacy Policy. If information is not required by the third party service provider in order to operate the third party service, it is not provided to such third party service provider.
Certain third party services are included with the purchase of the Service while others must be purchased separately, and may be subject to additional terms and conditions from Naviance and the applicable third party service provider.
The liability of Naviance to Customer or any User for or in connection with any such third party services shall be limited to the amount of fees paid to Naviance by such Customer for such third party services less any amounts paid by Naviance to such third party service provider for such third party service.
2.3 Credit Card Processing. Where applicable and necessary for additional purchases from an authorized representative of Customer, Naviance shall engage the services of third-party intermediaries to provide credit card processing services to Customer. Such intermediaries are solely links in the distribution chain and are prohibited from storing, retaining, or using the information provided, except for the sole purpose of credit card processing and/or as otherwise required by law. Before Customer submits credit card information, Customer must agree to any applicable third-party intermediary's terms of service and privacy policies including, without limitation, provisions on limited warranties and liability.
2.4 Interactive Areas.
The Service may contain discussion forums in which Customers may post reviews of, make recommendations for, or give ratings for content, events, products, services or third-party providers, or post other content, messages, materials or other items ("Interactive Areas"). Interactive Areas are not accessible to Users.
Interactive Areas include Intersect by Hobsons, which allows Customers to edit their school profiles, interact with college admissions counselors, and manage college visit scheduling. Access to Intersect shall be subject to separate Terms available here.
Customer is solely responsible for Customer's use of such Interactive Areas, and acknowledges and agrees that Naviance may set up any such Interactive Area to be accessible by all Customers or by certain Customers selected in Naviance's sole discretion.
2.4.1 No review, recommendation or rating of any matter or service provider within the Service or in any Interactive Area shall be deemed to be an association with, sponsorship of, or an endorsement by Naviance of any the particular matter or a guarantee of any service provider's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics.
2.4.2 Naviance takes no responsibility and assumes no liability for any content posted, stored or uploaded by any Customer or any third party in any Interactive Area, or for any loss or damage related to or resulting from Customer's or any other person's use of any Interactive Area, nor shall Naviance be held liable for any mistakes, defamation, slander, libel, omissions, falsehoods or obscenity Customer may encounter in any Interactive Area. Although Naviance has no obligation to screen, edit, or monitor any of the content posted to or distributed through any Interactive Area, Naviance reserves the right, and has sole and absolute discretion, to remove, screen, or edit without notice, any content posted to any Interactive Area at any time and for any reason, and Customer is solely responsible for creating backup copies of and replacing any material that Customer posts or stores in any Interactive Area at Customer's sole cost and expense.
3. Service Fees and Payments. Customer's access to and use of the Service shall be subject to certain fees set forth the Order Form. Customer will pay all fees in accordance with the billing terms in effect at the time a fee or charge is due and payable to Naviance, as noted in the Order Form. Service fees are non-refundable whether or not Customer uses the Service.
3.1 Billing and Renewal. Fees for the Service are payable to Naviance in advance. Except in the event that Section 3.4 below applies, Naviance will notify Customer of the opportunity to renew the Service approximately thirty (30) days prior to the subscription expiration date. Service fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties as may be applicable to the Service fees (exclusive of any taxes or similar fees that may be imposed on the net income of Naviance).
3.2 Billing Information. In all cases, Customer shall provide Naviance with complete and accurate billing and contact information. This information shall include, without limitation, legal name, street address, e-mail address, name and telephone number of an authorized billing contact. Customer agrees to update this information promptly following any change thereto.
Customer may opt to purchase additional, optional features by request, and subject to additional terms.
3.3 Fee Changes. Naviance reserves the right, in its sole and absolute discretion, to change the fees, applicable charges and usage policies and to introduce new charges at any time, upon at least thirty (30) days prior notice to Customer; provided, however that such fees shall not become effective for Customer for services then in effect on Customer's account until the next renewal period for Customer's account. If Customer has agreed to automatically renew the Agreement in accordance with section 3.4 and a schedule noted in the Order Form, fee changes noted in 3.4 or the Order Form will apply.
3.4 Autorenewal. In the event that Customer has purchased Naviance through an autorenewal process, this Agreement shall automatically renew unless Customer provides Naviance with written notice of its intent to cancel not fewer than thirty (30) days prior to the autorenewal date, which shall be the one (1) year anniversary of the subscription date, and on each annual anniversary date thereafter. Service fees will increase by no more than five percent (5%) annually. Written cancellation requests will be honored only at the end of the one (1) year anniversary date of the subscription.
3.5 Non-Payment and Suspension of Service. Customer's account will be considered delinquent if payment in full of the amount set forth on an invoice is not received within thirty (30) days following the date of the applicable invoice. Naviance reserves the right to suspend or terminate this Agreement and Customer's access to the Service if Customer's account becomes delinquent. Payments not received by Naviance within thirty (30) days following the date of the invoice shall bear interest at a rate equal to one and one-half percent (1.5%) per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses paid by Naviance for the purpose of collection. Customer will continue to be charged during any period of suspension. Customer agrees that Naviance may charge unpaid fees to Customer's credit card, if applicable, or otherwise bill Customer for unpaid fees. Naviance also reserves the right to impose a separate reconnection fee should Customer request access to the Service once outstanding fees have been paid.
4. Naviance Ownership. As between Naviance and Customers/User(s), Naviance owns all right, title and interest, including all related copyright, patent, trademark and other intellectual and proprietary rights (collectively, "Intellectual Property Rights"), in and to the Service and shall have any and all proprietary rights in, without limitation, any suggestions, ideas, enhancement requests, feedback, and recommendations provided by Customer, Users, or any other party relating to the Service. For purposes of clarity, this Agreement is not a sale and does not convey any rights of ownership in or related to the Service or Intellectual Property Rights owned by Naviance to Customer or Users other than as expressly set forth herein. Naviance® is a registered trademark, and the Naviance logo and product names associated with the Service are trademarks of Naviance or third parties, and no right or license is granted to use them other than as expressly set forth in this Agreement; provided, however, that Customer may link to the homepage of the Naviance website located at www.naviance.com or to the Service from another website, for the purposes of directing Users to the website or the Service and that such link may include the Naviance name and relevant product name(s). Customer may not frame any page of a Naviance website.
5. License. Subject to the terms of this Agreement, Naviance grants Customer a non-exclusive, non-transferable, nonsublicensable, nonassignable, worldwide, limited right and license to use the Service solely for Customer's own business purposes and for the ability to provide Users each with an individual account to use the Service. Customer shall not, without the prior written approval of Naviance: (i) license, sublicense, sell, resell, transfer, or assign the Service to any third party; (ii) modify or make derivative works based upon the Service; or (iii) commercially exploit the Service in any way. All rights not expressly granted to Customer in this Agreement are reserved by Naviance and its licensors. Subject to the terms of this Agreement, Customer grants to Naviance the non-exclusive, worldwide right to use, copy, store, transmit and display Customer and/or User data hosted on the Service by Naviance ("Customer Data") only in accordance with applicable laws and the terms of the Privacy Policy.
6. Customer and User Responsibilities. Customer is solely responsible for any and all activities that occur under or in connection with Customer's and its Users' accounts. Customer and Users shall: (i) maintain the confidentiality of account names and passwords; (ii) notify Naviance immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (iii) report to Naviance immediately, and stop immediately any use of the Service that is inconsistent with the terms of the License provided in Section 5 that is known or suspected; (iv) assure that use of the Service shall at all times conform to the terms and conditions of this Agreement; and (v) not impersonate or attempt to impersonate another Customer or User or provide false information in an attempt to gain access to or use the Service.
In the event that a User makes any attempt to gain unauthorized access to another User's or Customer's account, or to view or manipulate the records of another User or Customer, Naviance reserves the right, in its sole discretion, to terminate the Agreement with the User and/or applicable Customer, and inform any relevant authorities of such violation.
7. Account Information and Data. Naviance, on behalf of itself, its employees, consultants, subcontractors and third parties assisting Naviance in providing the Service, and Customer each represents, warrants, and covenants that it complies with, and will comply with, all applicable federal, state and international data protection and privacy laws and regulations with respect to the personally identifiable information collected, stored and maintained through the Service, as well as with all applicable business regulations.
Naviance may disclose Customer or User information if necessary in order to comply with subpoenas, court orders, or regulatory requests, to protect Naviance's systems and customers, or to ensure the integrity and operation of Naviance's business and systems. When legally permissible, Naviance will notify Customer in advance of such disclosures and reasonably cooperate with Customer to limit the scope of such disclosures.
7.1 Privacy. Naviance is committed to protecting the privacy of Customer and User personally identifiable information, and maintains a detailed Privacy Policy, which may be viewed here. Naviance reserves the right to modify its Privacy Policy in accordance with the procedure outlined in that policy.
7.2 Family Educational Rights and Privacy Act ("FERPA"). In the event Customer is subject to the provisions of the Family Educational Rights and Privacy Act (FERPA), the parties agree as follows: (A) Customer appoints Naviance as a "school official" as that term is used in FERPA §§ 99.31(a)(1) and as interpreted by the Family Policy Compliance Office, and determines that Naviance has a "legitimate educational interest," for the purpose of carrying out its responsibilities under the Agreement. (B) Naviance acknowledges that it shall be bound by all relevant provisions of FERPA, and agrees that personally identifiable student information as defined in FERPA, obtained from Customer and its Users by Naviance in the performance of this Agreement: (i) will remain under the "direct control" of the Customer; (ii) will be used only to fulfill Naviance's responsibilities under this Agreement; (iii) will only be disclosed to third parties operating in partnership with Naviance as necessary to provide Services to Customer, provided that all such third parties are contractually bound to manage the information in compliance with the Naviance Privacy Policy and security policies in accordance with the requirements set forth in Section 7 above and applicable laws, and to use the information for the sole and limited purpose of providing the Service to the Customer; and (iv) will not be disclosed to other third parties except as expressly provided for in FERPA §§ 99.31, without signed and dated written consent of the student's parent/legal guardian, or if the student is eighteen (18) years of age or older, signed and written consent of the student.
7.3 Children's Online Privacy Protection Act ("COPPA"). Without limiting the generality of Section 7 of this Agreement, in the event that Customer allows Users under the age of 13 to submit personal information as defined in the Children's Online Privacy Protection Act (COPPA) to Naviance in connection with its use of the Service, Customer agrees that it will be responsible for obtaining verifiable parental consent prior to making the Service available to such Users. Naviance shall fully comply with COPPA and any rules or regulations promulgated thereunder.
7.4 Security. Naviance implements, maintains and updates, as appropriate, reasonable security policies, procedures and practices as dictated by the nature of the personally identifiable information collected and maintained through the Service, in order to protect such information from unauthorized access, destruction, use, modification or disclosure.
The Service has security measures in place to help protect against the loss, misuse, and alteration of Customer and User personally identifiable information. When the Service is accessed using a supported web browser, Transport Layer Security (TLS) technology protects information using both server authentication and data encryption to help ensure that data are safe, secure, and available only to authorized users. Naviance also hosts the Service in a secure server environment that uses a firewall and other technologies in an effort to prevent interference or access from outside intruders. Data is secured at rest using storage level encryption. The Service also require unique account identifiers, user names, and passwords that must be entered each time a Customer or User signs on. The Internet, however, is not perfectly secure and Naviance shall not be responsible for security incidents not reasonably within its control.
8. Term and Termination.
8.1 Term of Service. Unless otherwise set forth on the Naviance Order Form ("Order Form"), this Agreement commences on the date of Order Form execution ("Effective Date") and shall continue for the term set forth on the Order Form (the "Initial Term"), unless terminated earlier by either party pursuant to this Agreement. In the event that Customer has purchased the Service through an autorenewal process, this Agreement shall automatically renew thereafter for consecutive one (1) year terms (each, a "Renewal Term" and, together with the Initial Term, the "Term") unless Customer provides Naviance with written notice of its intent not to renew not fewer than thirty (30) days prior to the conclusion of the Initial Term or the then-current Renewal Term.
8.2 Termination for Cause. Naviance may terminate this Agreement in its sole discretion if Customer has breached any term of this Agreement and fails to cure such breach within fifteen (15) days following receipt of written notice from Naviance thereof.
8.3 Data Retention. As soon as practicable upon expiration or termination of this Agreement, but in any event no later than six (6) months after expiration or termination, Naviance will delete personally identifiable student information. Notwithstanding the above, Customer may, at any time and in its sole discretion, request in writing that its personally identifiable student information be deleted, and Naviance shall comply with any such written request within thirty (30) days.
Naviance has no obligation to retain Customer Data if Customer or User has materially breached this Agreement and such breach has not been cured within fifteen (15) days following receipt of written notice of such breach from Naviance. Naviance has no obligation to retain Customer Data if the account is delinquent, and such Customer Data may be irretrievably deleted.
Under all circumstances, within a reasonable time frame prior to deletion of student personally identifiable information, Naviance will notify Customer so that Customer may utilize functionality within the Service to export its data.
Notwithstanding the above, if Naviance provides accounts for student users, Naviance may transfer a copy of records created by or otherwise available to a student into their individual account.
9. Representation, Warranties, and Covenants. Each party represents, warrants, and covenants that it has the full legal power and authority to enter into this Agreement. Naviance represents, warrants, and covenants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof, and that the Service will perform substantially in accordance with the on-line Naviance help documentation under normal use and circumstances. Customer and Users represent, warrant, and covenant that they have not falsely identified themselves nor provided any false information to gain access to the Service and that they will comply with the terms and conditions of this Agreement.
10. Indemnification.
10.1 Customer shall indemnify, defend, and hold Naviance, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of Customer Data infringes the Intellectual Property of, or has caused harm to, a third party, or (ii) a claim arising from or alleging breach by Customer or Users; provided that Naviance: (a) gives written notice of the claim to Customer as soon as practicable; (b) gives Customer sole control of the defense and settlement of the claim (provided that Customer may not settle or defend any claim unless it unconditionally releases Naviance of all liability and such settlement does not affect Naviance's business or the Service); (c) provides to Customer all reasonably available information and assistance; and (d) has not compromised or settled such claim without Customer's prior written consent.
10.2 Naviance shall indemnify, defend, and hold Customer and its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with a claim alleging that the Service directly infringes the Intellectual Property of a third party. Naviance shall have no indemnification obligation, and Customer shall indemnify Naviance pursuant to this Agreement, for claims arising from any alleged infringement related to the combination of the Service with any of Customer's or any of Customer's licensor's products, service, hardware or business process(es), so long as such use was not authorized or directed by Naviance, such authorization and/or direction having been given in writing.
11. Disclaimer of Warranties. (I) NAVIANCE AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT PROVIDED TO NAVIANCE BY CUSTOMER OR USERS; (II) NAVIANCE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) THE SERVICE AND ALL CONTENT IS PROVIDED TO CUSTOMER STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS; AND (IV) ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. Internet Delays. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NAVIANCE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
13. Limitation of Liability. In no event shall Naviance be liable to any Customer or User for any indirect, special, exemplary or consequential damages including, without limitation, loss of data, lost profits, in any manner related to the Service or Customer's or any User's use thereof based in contract, negligence, strict liability or otherwise, whether or not they had any knowledge, actual or constructive, that such damages might be incurred. The maximum liability for Naviance arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected to the Service shall not exceed the amount paid to Naviance by Customer or User for use of the Service.
14. Additional Rights. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to Customers or Users.
15. Local Laws and Export Control. In this Section 15 (Local Laws and Export Control) only, 'Export Controls' means any export control and economic sanctions laws and regulations of the United States of America, the United Kingdom, the European Union (or any Member State thereof), the United Nations and each other jurisdiction in which Naviance is incorporated, operates, conducts business or to which it is subject from time to time, including, but not limited to:(i) the US Export Administration Regulations, the US International Traffic in Arms Regulations, the US Department of Treasury Office of Foreign Asset Control's economic sanctions regulations; (ii) sanctions programmes maintained by the British Government, EU regulation on the control of exports of dual-use items and technology and any applicable European Union restrictive measure that has been or is to be implemented pursuant to any European Council or Commission Regulation or Decision adopted pursuant to a Common Position in furtherance of the European Union's Common Foreign and Security Policy; and (iii) the Indian Foreign Trade (Development and Regulation) Act, 1992, the Indian Weapons of Mass Destruction and Their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005, and notifications and Foreign Trade Policy issued from time to time by the Director General of Foreign Trade, Department of Commerce and Industry, Government of India.
15.1 The Service provides services and uses software and technology that may be subject to Export Controls depending on who uses them, for what purposes they are used and where they may be used. Accordingly, Customer undertakes and agrees that the Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported in breach of Export Controls. This shall include, but not limited to, Customer ensuring that the Service is not used, directly or indirectly, by a specially designated person or entity listed on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders or the European External Action Service Consolidated List of financial sanctions targets (collectively "Designated Nationals").
15.2 Customer represents and warrants that it is not owned or under the control of a Designated National and the funds used to pay for the Service are not derived from a Designated National or an activity which would otherwise be in breach of Export Controls. If Customer uses the Service in breach of Export Controls, including using the Service as, for or on behalf of a Designated National, or reasonably suspects that such a breach has or will arise, then Customer shall immediately notify Naviance in writing upon which the Service may be terminated by the Naviance at its sole discretion in writing to Customer.
15.3 The Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. Naviance and its licensors make no representation that the Service is appropriate or available for use in other locations. Customer remains solely responsible for applying for and obtaining an appropriate licence for use of the Service if so required under Export Controls, including those controls applicable to Customer. Any diversion of the content contrary to US laws and regulations is prohibited.
16. Notice. Naviance may give notice by means of a general notice on the Service or by written communication or e-mail to the address of the primary contact for Customer or Users on record with Naviance. Such notice shall be deemed to have been given to Customer or Users upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or prepaid post) or 12 hours after sending (if sent by e-mail). Customer or Users may give notice to Naviance at any time by letter delivered by a nationally recognized overnight delivery service or first class postage prepaid mail, by e-mail, or by fax to Naviance Inc., 3033 Wilson Boulevard, Suite 500, Arlington, VA 22201, 703-859-7319 (fax), email@example.com, or such other address as may be designated from time-to-time. Such notice shall be deemed given when received by Naviance.
17. Modification. This Agreement may only be modified by the written agreement of both parties.
18. Assignment. This Agreement, including all rights and obligations hereunder, may not be assigned by Customer or Users without the prior written approval of Naviance.
19. General. This Agreement shall be governed by Commonwealth of Virginia law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in the Eastern District of the Commonwealth of Virginia. In the event of any inconsistency between this Agreement and any purchase order or similar terms on any Customer form, this Agreement shall control. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Naviance and Customer or Naviance and Users as a result of this Agreement or use of the Service. The failure of Naviance to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Naviance in writing. This Agreement comprises the entire agreement between Naviance and Customer and Naviance and Users with respect to the Service and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Sections 6, 7, 9, 10, 11, 13, and 19 shall survive termination of this Agreement.
20. Professional Services. In the event Customer elects to receive professional services, including professional development and/or consulting services from Hobsons, Inc., the following terms shall apply. Customer agrees to contact Naviance prior to the session if Customer has any questions regarding these responsibilities.
20.1 Customer Responsibilities for Professional Development. All professional development sessions are hands-on sessions and require a computer for each participant. Customer must ensure that participants' computers are in good working order, that the appropriate hardware and software necessary to connect to the network provided in the training facility is installed, and that participants know how to connect the computer to a network. Customer must also plan to have no more than 15 individuals attend a training session at a time to ensure proper student to instructor ratio for effective learning. Customer agrees to work with Naviance to ensure that any professional development session purchased is conducted within 12 months from the date of purchase and acknowledge that a failure to have Naviance deliver a session within 12 months from the date of purchase shall constitute a cancellation by Customer as described in Section 20.6.
20.2. Customer Responsibilities for Consulting Services. With respect to consulting services, Customer agrees to the required preparation as outlined by Naviance to effectively start the engagement and utilize the services of the Naviance Consultant. Customer agrees to work with Naviance to ensure that all consulting hours purchased are utilized within 12 months from the date of purchase and acknowledge that a failure to have Naviance deliver consulting services within 12 months from the date of purchase shall result in a forfeit of the consulting hours purchased. With regards to Delegated Authentication, implementation of this service is the responsibility of Customer. The Naviance consultant cannot provide a SOAP-based web service or the technical support to create this service. With regards to automated data import, implementation of cURL is the responsibility of Customer. The Naviance consultant cannot install cURL, create a cURL directory or configure cURL for Customer.
Customer understands that as part of providing certain consulting services as specified by Customer Naviance may have access to Customer's student data in order to provide those services. Such access will be for the sole and limited purpose of providing Customer with information and analytics about Customer's and its User's configuration and use of the Services and progress within the Services, and to provide insights, recommendations and reports for the sole and exclusive use by Customer for its purposes.
20.3. Warranties. Naviance warrants that each of its instructors and consultants performing such professional services shall have the proper skill, training, and background to perform in a competent and professional manner. Such professional services may include unknown and unforeseen problems and Naviance shall attempt to resolve such problems, should they occur. Customer acknowledges that Naviance does not warrant that a satisfactory solution to all problems will be possible.
20.4. Payments and Refunds. Customer or a contact designated by Customer will be invoiced for professional development session(s) and consulting services at the time of purchase. If applicable, Naviance will invoice Customer for travel expenses incurred by the instructor(s) for any on-site professional development services and consultant(s) for any on-site consulting services. Payments are due in accordance with Section 3 and within the time frame stated on each invoice and all consulting services and professional development sessions are non-refundable except as a result of a request by Naviance to cancel or reschedule a professional development session as described in Section 20.5.
20.5. Cancellation or Rescheduling by Naviance. Naviance reserves the right to cancel or reschedule sessions. In the event Naviance cancels or asks to reschedule a session, Customer may choose to reschedule, attend another comparable session, or receive a full refund.
20.6. Cancellation or Rescheduling by Customer. Customer may reschedule an on-site or webinar session that has been previously confirmed by Naviance, provided that Customer agrees to: (a) notify Naviance in writing at least 3 business days in advance prior to the start of the session; (b) pay costs incurred on Customer's behalf for the session as originally scheduled (including but not limited to any cancellation fees paid to our instructor(s) and, if applicable, travel expenses), and (c) pay travel expenses associated with the session once rescheduled, if applicable. A session shall be considered canceled by Customer, with no further obligations by Naviance, in the event of any of the following: (a) failure to schedule a session to be conducted within 12 months from the date of purchase, (b) failure by Customer to attend a session for which Customer is registered without providing the specified advance notice to Naviance, or (c) failure by Customer to reschedule a session in accordance with the provisions of this Section. Customer agrees to pay any fees for services and to pay any expenses incurred by Naviance on Customer's behalf in connection with sessions confirmed by Naviance and canceled by Customer. If cancellation of a session is a result of inclement weather resulting in a school or delay, Customer is still responsible for paying any expenses incurred by Naviance on the Customer's behalf, however the session will not be considered cancelled by Customer.
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text:
Barkley's road to recovery
April 7, 2010
Barkley, owned by Megan and Lexi Popa, is an 8 month old Labrador retriever. On the night of March 3, 2010 Barkley was hit by a car. Fortunately, an Animal Guardian Network (AGN) board member was present at the scene of the accident and took Barkley and her owner Megan to the Emergency Center. As a result of being hit, Barkley's rear legs were wounded with one foot de-gloved (skin pulled away) and both rear legs, although painful, paralyzed.
After making medical decisions regarding Barkley's emergency care, AGN paid the $600 in costs and contacted Rob Graham, practice manager, CVT of Animal Health Services (AHS) and made arrangements for Barkley to be transported to AHS for a definitive diagnosis of the injuries the following day.
After a careful evaluation, Dr. William Prevatt and team took several digital radiographs and determined spinal trauma due to the crushing of the L2 vertebra. It was determined that Barkley needed to undergo spinal surgery.
Through the generosity of Animal Guardian Network, Dr. Cliff Faver, and funds from donations, Dr. Prevatt was able to proceed to surgery and stabilize the fracture in Barkley's back and place an external fixator. (External fixation is a surgical treatment used to set bone fractures in which a cast would not allow proper alignment of the fracture.) Barkley will have the external fixator for approximately 6-8 weeks.
Slowly but surely Barkley's owners and AGN vounteers have been putting Barkley through a series of range of motion rehabilitation exercises for her legs with positive results. Although she still has her external fixator, Barkley is able to walk on all four legs and she is improving daily. In this huge collaborative effort between Animal Health Services and Animal Guardian Network, Barkley has become a living miracle. (If you would like to see an amazing video of Barkley learning to walk again please visit www.ahsvet.com and read the case study of the month on the homepage.)
"We don't even know where to start in thanking you for all you've done for Barkley! You have been amazing through this whole process. Thanks for not giving up on her and for helping us when we didn't think we could do it. Barkley is doing better every day."
--Megan, Lexi and Barkley
During this crisis, AGN has been intimately involved from the very beginning to present. They have not only provided supplies, volunteers and financial support for Barkley's aftercare but they have given ongoing emotional support for Megan and Lexy as well. Thank you for all you do Animal Guardian Network!
If you would like to donate towards Barkley's care or get more information about Animal Guardian Network please visit www.animalguardiannetwork.org

subset: commoncrawl


text:
Mar 24,2009
Four of 12 SUV models have 'good' roofs
by UPI
ARLINGTON, Va. -- Only four of 12 small sports utility vehicles tested for roof strength in rollover crashes have garnered "good" ratings, a U.S. insurance group says.
The Insurance Institute for Highway Safety said in release Tuesday that Volkswagen Tiguan had the strongest roof, while the Subaru Forester, Honda Element and Jeep Patriot also tested in the "good" range.
The Kia Sportage has the weakest roof among the 2008-09 models evaluated, IIHS said. Other findings indicated the Suzuki Grand Vitara, Chevrolet Equinox, Toyota RAV4, Nissan Rogue and Mitsubishi Outlander were "acceptable" while roofs on the Honda CR-V and Ford Escape were deemed "marginal."
"We anticipate that our roof strength test will drive improved rollover crash protection the same way our frontal offset and side impact consumer test programs have led to better protection in these kinds of crashes," said IIHS President Adrian Lund.
Copyright © 2009, by United Press International. All Rights Reserved.


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The Contourflex lift up ottoman storage bed base from Dorlux is a comfortable and practical divan storage base, providing you with maximum storage capacity. It is ideal for people with limited space and restricted storage.
The Contourflex bed base can accommodate all types of mattress, and is available in most standard UK sizes. For made-to-measure sizes, please contact our helpful sales team on 020 8208 1616.
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Wood Background And Grass With Red Hearts Valentine's Day Vinyl Printed Backdrop for Photography
Professional-quality Vinyl backdrops with vivid printed images,it is a dependable material that photographers love because it's resistant to glare, wrinkle free, and easily cleanable.
They work great for Newborn,Kids, Teens, Adults and Famliy Photography. You can choose folded or rolled shipping acordding your cost. They can shipped rolled(size below 8'x8') and hung easily from a stand with clamps,but only folded when size over 8'x8'.
You can easily wipe off the backdrop with a lightly damp cloth, but do not recommend applying too much pressure. It works wells in the studio and in the home but can also be transported as needed.
These backdrops are strong enough to withstand adverse conditions and are resistant to tearing. They are tough but should be stored rolled and not folded.
The production time need 1 - 2 days. All items will be shipped within 72 hours. You will receive an automated email with the Tracking Number the day your package is being shipped, which is typically within 3 days after the close of the purchase.
Once you get the Tracking No,you will get your order within 5 days if all normal(If you do not receive the email it may be due to your Junk Mail filter)
If you need to rush an order please contact us. Once you placed a order,you can't cancel your order,if you still want to cancel it,please contact us if possible as once an item is in production we cannot stop it.
Note: In orders with more than one item, the processing time will be based on the item with the longest processing time. It can't shipping rolled when the 2 sides of the size are larger than 8ft.
We don't accept any return if the our backdrops have not damaged when you get it. Because of the special nature of background products, we cannot make a second sale. Thanks for your understand.
If we send a wrong backdrop to you or If you got a damaged backdrops due to our mistake,please contact us resend one to you,but you need bear the shipping fee(Our staff will ask for your backgrounds photo to check for damage or an error from us, please cooperate with us, thank you!)
Our materila is Vinyl,please check our description. We can not return or replace your orders because you ordered a wrong backdrop(wrong size,wrong backdrop,or not our mistake) But we can offer replacement order for you,you need to pay 50% of the replacement fee (the material fee) and shipping costs(10-20 USD)
All returns must be made within 30 days of receiving your merchandise.
All backdrop, photo props, and studio equipment returns must be approved by vinylbackdrop.com
If our backdrops have any problem,please contact us within 14 days of receipt of your order,if our backdrop have not problem,we can not return because of the special nature of our products.
Customer Service:firstname.lastname@example.com


text:
The premise behind the You Want Pies With That? event is to make a pie based on the chosen theme. Then everyone who made a pie that month can vote for their favorite pie and the baker with the most votes gets choose the theme the following month. Jeanette and I had the honor of choosing a theme for October. We decided on "Masquerade Pie" - make a pie that has a secret.
We suggested that "You can conceal your pie's secret identity (with a robe of dark chocolate, maybe?) or disguise your pie as one thing when it's really something else (like a mock apple pie deceptively made with Ritz crackers instead of apples). You can use a mysterious, unusual or surprising ingredient in your pie or if you're more inclined to step out from behind the mask, you can reveal a secret recipe or technique."
I decided to make something that I hesitantly call pumpkin pie squares. The recipe is based on a recipe I got from a restaurant in the West Portal neighborhood of San Francisco. I've been making this recipe for over a decade now, but I never know what to call it. That restaurant called it a pumpkin pecan pie, but that name never seemed right to me. So I ended up calling it that "pumpkin thing". The restaurant makes the recipe in two 9-inch round pans, but I found it easier to make the recipe in one 9x13-inch cake pan or one 10-inch round springform pan. If I make it in the 9x13 pan I call it pumpkin pie squares, but if I make it in the springform, it's just that pumpkin thing.
The dirty little secret to the pumpkin thing is the use of boxed cake mix. The cake mix, which is sprinkled on top of the pumpkin batter in the pan, becomes the crust when you invert the baked pumpkin thing. I am almost embarrassed to say the words "cake mix" when people ask me what's in the crust. The pumpkin thing is one of my two most requested recipes. The other is the toffee almond bars which also uses boxed cake mix. What is it about cake mix that people love so much? I will never understand it.
The internet is filled with variations of this recipe and most of them are named pumpkin dump cake or similar. But no matter its name, it's no secret that people love the pumpkin thing.
Pumpkin Pie Squares
(aka Pumpkin Thing)
One 30-ounce can of pumpkin puree (not pumpkin pie mix)
3/4 cup granulated sugar
1/3 cup light brown sugar
One 5-ounce can of evaporated milk (not sweetened condensed milk)
3 large eggs
2 teaspoons ground cinnamon
1/4 teaspoons ground ginger
1/8 teaspoons ground nutmeg
1/8 teaspoons ground cloves
1/2 teaspoon salt
One 18-ounce box of yellow cake mix (Pillsbury or Better Crocker brand)
1 cup chopped pecans
8 ounces (1 cup) unsalted butter, melted and slightly cooled
Line one 9 x 13 x 2-inch baking pan with parchment paper and coat with baking spray.
In a large mixing bowl combine pumpkin, both sugars and evaporated milk. Beat in eggs, cinnamon, ginger, nutmeg, cloves and salt and then pour batter into the prepared pan.
Sprinkle half the cake mix over the batter. Sprinkle on the pecans and then the remaining cake mix. Drizzle with melted butter.
Bake at 350F for 60-70 minutes or until golden brown.
Cool in pan for 2 hours on a cooling rack. Loosen and gently invert onto a serving platter. Carefully remove the parchment paper. Leave it pumpkin side up.
Chill in refrigerator for at least 2 or 3 hours before slicing.


text:
How to Adjust Your String
(2 of 6)
These six videos will teach you what you'll need to know to play with your yo-yo. You will learn how to: play safely, prepare your yo, throw your yo, wind up your yo, and change the string. You will also learn all about the hitch.


text:
Haarlemmerstraat 70
1013 ET Amsterdam
NetherlandsView on map
Need your frames in no time? No problem: We'll get them ready for you within an hour. Optional One Hour Service has an extra cost of €20. Only suitable for prescriptions between -6.00/+4.00 and a maximum cylinder of -2.00.
Walk-ins can get prescription of current glasses measured free of charge
Let us adjust your frames for the best fit
Free eye test on appointment
Personal style advice


text:
A.J. Cady
As Senior Program Advisor, A.J. Cady provides strategic guidance to a wide range of IFAW's worldwide campaigns and serves as an expert representative and spokesperson for all aspects of the organization's strategy to save animals in crisis around the world.
He has served multiple senior leadership roles including overseeing IFAW's emergency relief, companion animals and national legislative programs and has appeared frequently on national and international media networks including CNN, Reuters, BBC World News, NBC Today Show and numerous print publications.
In addition to directing major program initiatives, he has also implemented multi-million dollar television advertising and government relations programs (once described by the LA Times as "worthy of a U.S. presidential campaign in style and detail, if not in scope.") and created grassroots campaigns generating millions of petition signatures. He is the author of numerous reports, videos, advertisements and educational campaigns.
Director of Program Communications/Deputy Director of Worldwide Programs
Director of Animals in Crisis & Distress
Director of Online Campaigns & Marketing
Deputy Director of Public Affairs
Seal Campaign Director
Campaign Researcher/Writer
Syracuse University
Bachelor of Science – Advertising – S.I. Newhouse School of Communication
Secondary concentration – History – Maxwell School of Citizenship


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Brussels, 16 June 2011
Q&A: "Ex-smokers are Unstoppable" campaign
Why is the European Commission launching a campaign to help people stop smoking?
Tobacco is the single largest cause of avoidable death in the EU, accounting for around 650 000 premature deaths per year.
Successful tobacco control must tackle the problem from every conceivable angle. Tobacco awareness campaigns are an important element of the Commission's comprehensive tobacco control policy which also includes legislation and support to Member States.
What is the "Ex-smokers are Unstoppable" campaign?
"Ex-smokers are unstoppable" is the new 3 year awareness raising campaign promoted by the European Commission. The campaign aims to provide smokers with motivation to quit and - very importantly - with practical help. It celebrates ex-smokers and portrays them as inspiring role models to encourage current smokers to quit.
What are the campaign's objectives?
The campaign aims to highlight the positive benefits of giving up smoking and to encourage and assist people to quit. Along with other preventive measures at the European and national levels, the campaign seeks to contribute to ensuring that new generations live longer and healthier lives in a smoke-free Europe.
Who is the target audience?
The campaign is aimed at smokers between 25 and 34 years old, which represents nearly 28 million people in the EU. It aims to help both young adults who may have already considered stopping smoking, and smokers who currently have no intention to quit. The campaign will be tailored to national and demographic audiences. For example, it will pay particular attention to specific groups such as women and lower socio-economic groups.
What makes this campaign unique?
The approach of the "Ex-smokers are Unstoppable" campaign is unique in so far as it does not just focus on the negative effects of smoking like traditional campaigns do. Rather, it emphasises the benefits of quitting the habit and highlights the inspirational achievements of ex-smokers to motivate smokers to stop.
In addition, it actually provides smokers with practical help with quitting, through the innovative iCoach tool.
What is special about the iCoach?
The iCoach is an online health coach that helps people quit smoking at their own pace. It is free and will be available in all EU languages. The iCoach works by analysing the smoking habits of its participants and provides tailored advice on a daily basis. Smokers seeking to quit can use its numerous interactive tools, such as a diary to monitor daily progress and mini-tests. At the end of each month, iCoach compiles a report which provides feedback on the user's progress as well as additional advice to facilitate process and encourage the user to quit smoking for good.
Who is involved in the organisation of campaign activities?
Together with the European Commission's Directorate General for Health and Consumers, numerous national and EU-level organisations – including national ministries, health associations and NGOs – will be actively involved in the campaign. Many activities undertaken throughout the campaign will be organised on a national and local basis in each EU Member State. In order to avoid overlap and increase efficiency and synergies, the campaign is intended to dovetail with national awareness-raising measures already underway and will involve the organisation of joint activities. The campaign website provides a special section for organisations who want to support their members to quit smoking.
What types of tools and media will the campaign use?
The channels that will be used to reach the target audience throughout the campaign will include advertising (print, online and TV) and social media. The campaign includes a website in all EU languages, 27 national Facebook pages, an on-line i-Coach, and national activities throughout the 27 Member States including event partnerships, an Ambassadors' programme, and media relations.
Is this the first tobacco control campaign the Commission has launched?
No, the European Commission has promoted smoking cessation campaigns since 2002.
The first one, "Feel free to say no" ran from 2002 to 2004. This led to the "Help: for a life without tobacco" campaign which ran from 2005 to 2010. The "Help" campaign focused on smoking prevention, smoking cessation and passive smoking and targeted, in particular, young Europeans between 15 and 25 years old.
The new campaign "Ex-smokers are unstoppable" is a natural progression and shifts the focus from the dangers of smoking to the advantages of quitting smoking.
What else is the EU doing on tobacco control?
The EU and national authorities work together on tobacco control.
A central pillar of tobacco control is EU legislation on tobacco products and on tobacco advertising. These laws facilitate the free movement of goods in the internal market and ensure a high level of public health protection. The European Commission is in charge of developing, improving and overseeing the implementation of these laws.
The Directive on Tobacco Products (2001) requires manufacturers to put warnings on tobacco products, bans misleading terms such as 'light', 'mild', or 'low tar', obliges manufacturers to provide information on ingredients, bans oral tobacco and sets maximum limits for tar, nicotine and carbon monoxide in cigarettes.
The Commission plans to put forward a proposal for the revision of the 2001 Tobacco Products Directive in 2012, to strengthen and adapt it to developments of tobacco products as well as advances in science.
The Directive on Tobacco Advertising (2003) bans cross-border advertising of tobacco products in printed media, radio, and online services. It also bans sponsorship of cross-border events. In addition, tobacco advertising and sponsorship on television has already been prohibited since 1989.
For other areas of tobacco control such as prevention, cessation and smoke-free environments, responsibility for providing the appropriate rules and structures lies with individual Member States. In these areas, the EU's role is to support, complement and coordinate national efforts. The EU has made the following recommendations to Member States:
Council Recommendation on Smoking Prevention (2003), which encourages Member States to control all forms of tobacco promotion and sales to minors, as well as to improve awareness and health education.
Council Recommendation on Smoke-Free Environments (2009), which calls on Member States to adopt and implement laws to protect citizens from exposure to tobacco smoke in enclosed public places, workplaces, and public transport. It also calls for the enhancement of smoke-free laws with supporting measures such as protecting children, encouraging efforts to quit smoking and having pictorial warnings on cigarette packages.
Where can I find out more?
On the "Ex-smokers are unstoppable" website, available in all EU languages
See also IP/11/710
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text:
16 Definitions of Rate
The meaning of the word rate, the definition of Rate:
n. - Established portion or measure; fixed allowance.
n. - That which is established as a measure or criterion; degree; standard; rank; proportion; ratio; as, a slow rate of movement; rate of interest is the ratio of the interest to the principal, per annum.
n. - Valuation; price fixed with relation to a standard; cost; charge; as, high or low rates of transportation.
n. - A tax or sum assessed by authority on property for public use, according to its income or value; esp., in England, a local tax; as, parish rates; town rates.
n. - Order; arrangement.
n. - Ratification; approval.
n. - The gain or loss of a timepiece in a unit of time; as, daily rate; hourly rate; etc.
n. - The order or class to which a war vessel belongs, determined according to its size, armament, etc.; as, first rate, second rate, etc.
n. - The class of a merchant vessel for marine insurance, determined by its relative safety as a risk, as A1, A2, etc.
v. t. & i. - To chide with vehemence; to scold; to censure violently.
v. t. - To set a certain estimate on; to value at a certain price or degree.
v. t. - To assess for the payment of a rate or tax.
v. t. - To settle the relative scale, rank, position, amount, value, or quality of; as, to rate a ship; to rate a seaman; to rate a pension.
v. t. - To ratify.
v. i. - To be set or considered in a class; to have rank; as, the ship rates as a ship of the line.
v. i. - To make an estimate.
The word "rate" uses 4 letters: A E R T
Direct anagrams of rate:
Words formed by adding one letter before or after rate, or to rate in any order:
a - reata b - taber c - caret carte cater crate react recta trace d - dater derat rated tared trade tread e - arete eater f - after g - grate great retag targe terga h - earth hater heart rathe i - irate retia terai k - taker l - alert alter artel later ratel taler m - armet mater ramet tamer n - antre o - oater orate p - apter pater peart prate taper r - rater tarre terra s - aster rates stare tares tears teras t - tater tetra treat u - urate v - avert trave w - tawer water x - extra retax taxer y - teary
Shorter words found within rate:
ae ar are art at ate ear eat er era et eta rat re ret ta tae tar te tea
List shorter words within rate, sorted by length
Words formed from any letters in rate, plus an optional blank or existing letter
List all words starting with rate, words containing rate or words ending with rate
All words formed from rate by changing one letter
Other words with the same letter pairs: ra at te
Browse words starting with rate by next letter
Previous word in our database: ratchets
Next word in our database: rateability


text:
10 Truly Terrible Dog Tattoos
For many dog lovers, getting a memorial tattoo in honor of your departed friend or even just some ink to show how rad you think Spud MacKenzie is makes perfect sense, especially if you're new to the world of piercings and tattoos.
And yet, there are some tattoo choices that make us sit back and ask ourselves why anyone would ever want a Skye terrier holding a bottle of tequila on their face for the rest of their lives. (If you know somebody with that tattoo, for the love of all that's holy, send us a picture!) In the mean time, click below to see some truly eyebrow-raising ink.
-- Written by Amanda Ferris and TheFW staff


text: Our inventory of new Honda vehicles is among the largest in the Phoenix region. With models like the Accord, Civic, Odyssey and Pilot to choose from, we are confident we have the vehicle for you. Visit Showcase Honda and receive a great low price on your next new Honda car in Phoenix. Use the Power Search filters below to find exactly what you are looking for and then contact a salesperson by calling the above number. When you are ready for a test drive, come visit us at 1333 East Camelback Rd..


text:
photo 1 of 66
FOX UFC® Saturday: Werdum vs Browne Weigh-in Gallery
April 18, 2014
66 Photos
The FOX UFC Saturday weigh-in event at the Amway Center on April 18, 2014 in Orlando, Florida. (Photo by Josh Hedges/Zuffa LLC/Zuffa LLC via Getty Images)
Getty Images reserves the right to pursue unauthorized users of this image or clip. If you violate our intellectual property you may be liable for: actual damages, loss of income, and profits you derive from the use of this image or clip, and, where appropriate, the costs of collection and/or statutory damages up to $150,000 (USD).


text:
Dudes Who Made Skateboarding Thrive
The Bones Brigade, subject of a new documentary, is a skateboard team which led the sport from scruffy, teenage marginality to a thriving industry and cultural movement. Conor Dougherty has details on Lunch Break.
This transcript has been automatically generated and may not be 100% accurate.
... I ... he ... taught ... me ... how ... much ... think of all a bunch of these on a skateboard MC on mining ... the change in landscape or write your comment already ... your thoughts on the economy and they'll stay forced to work that sickly when there's an ... publishes the Gemini ... is the only event to make this one's pretty get to work today it was a new or just a gut tells about this film is called the bones Brigade an autobiography ... he knows that quick narrative arc ... okay so here's where I think about it there's break the skateboarders sort of ... Draghi's knuckles from involves from a Supreme Tuesday Porter ... an innocent of like the massive ... deck schemes Cunniff skateboarding industry have today ... and this documentary I like to think it is like a puzzle piece that can connect to think that sort of like ... one of the first moments when steepen came very mainstream and people became celebrities it's basically Tony Hawk was kind of the main face of the bones Brigade ... and sort of in the beginning they go from ... he knows basically ... these kids doing somewhat frames for it ... to the old ... style icons um you know ... Connor rockstar coming guys and ... you know this is called the Inuit people a joke but skateboarding and stuff but I mean is a whole group of ... guys were now you know my angel than thirty five ... aam and I was very young veteran of you ... who ... this is like what they were doing during that era and an even if it works to really get Skype ordered like me you know I mean ... these guys were sort of the people you have to in the people you thought in the closer you get into it and in this document follows this group of guys ... well if I know it's it's a it's a skunk or retrospect rather ... than tied up in Iran has lots of great archival footage Avici everything was filled barrels always keep winning but um ... you know it suited them reflecting on it not a good thing and ... I mean ... it's it's actually tomorrow it's it's a weasels electric watching a documentary about you know ... golf from the Bobby Jones era something it's like what the sport even was from the team to it and what it was when they left they were just like not even like the same thing you know Lake ... just how far they took it in a deal was just insists ... nothing had been invented density just invented the whole what do you think that this fella move will help I in terms of her legitimizing skateboarding for people who are in their thirties and forties NEI friends in their forties guys he's still stapler to work not because some places to doubt ... the book they like to skate or to work and they sometimes feel like people like looking at me like you're too old to this ... twenty and discuss what you think aam I think that ... um well I think a lot of that has been pushed open already BBX teams in the popularity Tony comment but I think ... maybe now he'll be clear ... how old ... I was feeling Millwall but it does to the origins of eating and where it came from and how much work it was to get there ... one thing also for what it's worth to anybody who saw a secondary that I thought was interesting about him is ... um ... we had to be genuinely they can become a go into letting cliches that you know I can say that casino I'm sure I know the part of the group's second bash them that's about all United my coaches they owe a hated everyone high school in all that you know it ... and it becomes clear ended at the lake was actually pretty traditional arrangement this tasty super Alta was like ... consul in on them in the manner of Opko's cheese making to the gig in trouble is encouraging them sometimes getting down on them ... that was late ... it was a much more ... his most were similar to let the Real Sport gap between the one about it and wake me be it sometimes is to train teachers and later went into AG and it still comes out today RSI are on Friday ... and then it'll be on iTunes right at that moment came and went in and says it is Reagan ... Carter a thank you we


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FOX Business: Capitalism Lives Here
Continue Reading Below
The bulls on Wall Street ended the week on Friday in retreat as renewed economic jitters left the Nasdaq Composite with its first six-day losing streak in nearly a year.
Today's Markets
According to preliminary calculations, the Dow Jones Industrial Average rose 1.76 points, or 0.01%, to 13328.00, the S&P 500 dipped 4.23 points, or 0.30%, to 1428.61 and the Nasdaq Composite slumped 5.30 points, or 0.17%, to 3044.11.
Even though Friday's losses were tiny, the blue chips still lost nearly 300 points on the week as investors' appetite for risky assets like stocks was hurt by downbeat forecasts on the slowing global economy.
The Nasdaq landed in the red for the sixth session in a row, the longest slump for the index since a seven-day slide back in November.
A new report on consumer sentiment from Reuters and the University of Michigan helped boost sentiment early in the day, but then that optimism faded.
The gauge checked in at 83.1, up from a September reading of 78.3 and marking the highest reading since September 2007. Economists were expecting sentiment to fall to 78.
The Commerce Department said producer prices rose 1.1% in September from August, a bigger jump than the 0.7% expected, as energy prices swelled. Excluding the food and energy components, prices were flat, compared to expectations of a 0.2% gain.
Trading desks were also beginning to focus on third-quarter corporate earnings.
J.P. Morgan Chase (NYSE:JPM) kicked off earnings season for the banks with a beat.
The biggest U.S. bank by assets revealed third-quarter profits of $1.40 a share, compared to $1.02 a share in the same period in 2011. Sales came in at $25.9 billion excluding the impact of debt value adjustments. The figures topped estimates of earnings of $1.24 a share on revenues of $24.53 billion.
Wells Fargo (NYSE:WFC) posted third-quarter earnings of 88 cents a share, topping Wall Street's estimates by a penny. The bank's sales came in at $21.2 billion, missing estimates of $21.47 billion.
Also in corporate news, chip maker Advanced Micro Devices (NYSE:AMD) warned after the close of trading on Thursday that its sales are likely to have fallen 10% in the third quarter from the one before.
Oil prices closed lower but managed to halt a three-week losing streak. The benchmark crude contract traded in New York dropped 21 cents, or 0.23%, to $91.86 a barrel. Wholesale New York Harbor gasoline sold off by 212% to $2.8928 a gallon.
In metals, gold skidded lower by $10.80, or 0.61%, to $1,758.00 a troy ounce.
Foreign Markets
The Euro Stoxx 50 dipped 0.72% to 2469, the English FTSE 100 slipped 0.62% to 5793 and the German DAX slumped 0.68% to 7232.
In Asia, the Japanese Nikkei 225 drifted lower by 0.15% to 8534 and the Chinese Hang Seng rose 0.65% to 21136.


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GM blew it
She said they should give her the money so she could make all of her dreams come true. Like they care.
pageant answers from GM!!
Andy is some sort of ex-communication teacher isn't he? Clearly an advantage over GM
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Remembering . . .
You'll always be remembered and loved my little Diva!
19 comments:
- Cheysuli and gemini said...
She will always be remembered--what a wonderful shot of your beautiful Diva girl.
- December 31, 2011 at 12:03 AM
- Angel and Kirby said...
That is so true!
- December 31, 2011 at 12:08 AM
- Prancer Pie said...
Beautiful. She is remembered here often. We are so thankful she inspired us to blog. xoxo
- December 31, 2011 at 12:15 AM
- Sparkle said...
I really do miss Praline a lot. She was such a special kitty.
- December 31, 2011 at 12:28 AM
- Chesney Cats said...
Such a beautiful girl...we miss her so much.
- December 31, 2011 at 1:49 AM
- Fuzzy Tales said...
That's a beautiful photo.
She'll always be with us, in our hearts forever.
- December 31, 2011 at 5:36 AM
- Cory said...
oh that face! We will remember her always!
- December 31, 2011 at 8:35 AM
- Brian said...
My dear Sweet Praline, we miss you so but I feel you watching us and bringing smiles to our hearts.
- December 31, 2011 at 9:33 AM
- Eric and Flynn said...
That is a lovely photo of Praline. We will always remember her.
- December 31, 2011 at 12:18 PM
- Ginger Jasper said...
We will neveer forget that beautiful little girl, never.. Wishing a healthy and happy New Year.. Hugs GJ xx
- December 31, 2011 at 12:38 PM
- Mark's Mews said...
We are remembering all of our friends who went over the Rainbow Bridge this past year...
- December 31, 2011 at 5:19 PM
We will never forget Sweet Praline what a beautiful sweetie. We miss you sweetie. Sending nose kisses to the Bridge for you.
- December 31, 2011 at 8:18 PM
- Kimo and Sabi said...
Wishing you a peaceful 2012
- January 2, 2012 at 1:54 AM
- Jacqueline said...
We will never forget your gorgeous girl and we will always love her too...xoxo...J, Calle, Halle, Sukki
- February 8, 2012 at 10:40 PM
- GRAÇA said...
Sei que venho atrasada mas ontem foi um dia muito complicado para a mami
Teve que fazer a minha postagem
Morreu uma amiga da mami, já não deu para te vir desejar um bom dia do amigo ,que tens sido
Turrinhas carinhosa da amiga
Nunca me vou esquecer de ti meu amigo ,,,mesmo que já não estejas cá..força mami!!! continua!
- February 15, 2012 at 9:08 AM
- Us4 Cats said...
hugs, purrs and cuddles. we miss her sweet face. what a beautiful soul.
- March 6, 2012 at 1:11 PM
- Katie Isabella said...
Hello beautiful sweet darling Praline. Love you always.
- March 26, 2012 at 7:15 PM
- GRAÇA said...
Amiga volta !ador ainda é grande ...mas não deiches de contar coisas dele ,não deiches que se esqueção do doce Praline
Ronrons da amiguinha que vos ama
- April 2, 2012 at 12:06 PM
- Whskr & Dash Kitten said...
Never forgotten Bless you Sweet Praline!
- September 26, 2012 at 3:26 AM


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Suspicious Letter at Governor's Office Had Baby Powder
State officials say a "suspicious letter" that caused an evacuation at Gov. Pat Quinn's constituent services office in Springfield contained baby powder.
Gov. Pat Quinn spokesman Grant Klinzman says everyone returned to the office Tuesday afternoon.
About a half dozen people were evacuated from the office's mail room when the letter was found. The office is across the street from the state Capitol where lawmakers were gathered to take a vote on pensions.
Springfield Fire Chief Ken Fustin says the investigation began when the content of the letter and substance were determined to be a "legitimate threat" that prompted further investigation.
Earlier in the day, fire trucks waited outside the offices as employees gathered in a stairwell and near the entrance waiting for the all-clear to return.


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Maria Robledo photographs the sumptuous and the divine. Her magnetic images of food jewelry, and still lifes have captivated longtime collaborators Ralph Lauren, Bergdorf Goodman, and Martha Stewart.
Originally from Columbia, Robledo came to New York to attend The School of Visual Arts, where she fell in love with photography's tactile nature and delighted in the magic of an image appearing on paper in the darkroom. She enjoyed the pure physicality of photography as well, moving and arranging everyday objects to create an exquisite picture.
Robledo found success quickly after dropping off her book upon graduation, and a quick succession of clients followed, including Tommy Hilfiger, Burberry, Vera Wang, Saks Fifth Avenue and Waterworks.
Robledo has kept on her toes by studying the masters — Penn, Avedon, Steiglitz, and Kertesz are major influences, and you can see why—Robledo finds classic and staggering beauty in the bed of a rose, or the curve of a vase. Her love of photography is about shapes and color and process, and she is still committed to shooting film whenever possible.
One of Robledo's most memorable projects was for Calder Jewelry, with whom she worked on a inspiring book project which was later chosen to be part of a traveling show at the Metropolitan Museum of Art in 2008. Other book projects include "Staff Meals from Chanterelle," "A New Way to Cook," "Recipes," "Improvisational Cook," and "Chanterelle."
When not working, Robledo travels and spends time with her two daughters, who are almost grown. They've visited South America, Russia, and India, but the most divine place of all for her is still the family dinner table.


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A Thanksgiving Day documentary on HBO, "Sport in America: Our Defining Stories", is scheduled to include an interview with Hope College professor emeritus Jack Ridl.
The documentary will examine how the universal thread of sport unites us as a people and has shaped America's character, according to the producers.
Ridl was a professor of English at Hope from 1971 to 2006. He is the author of several collections of poetry and has also published more than 300 poems in journals and has work included in numerous anthologies. He has received multiple awards for his collections. In 2007, he was named one of the 100 most influential sports educators in America, recognized as "sports poet," by the Institute for International Sport. His 2009 collection "Losing Season" was named the 2009 "Sports Education Book of the Year", also by the Institute for International Sport.
The documentary will air on HBO, HBO on Demand and HBO GO on Thanksgiving Day (Thursday, Nov. 28) at 6 p.m. ET. It was co-produced by HBO, Sports Illustrated and Endgame Entertainment.


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Abu Dhabi's benchmark stocks at 7-month high
Britain has been shocked by Channel 4's documentary on Sri Lanka's civil war. Shocking images of soldiers executing civilians, and hospitals being shelled, have resulted in calls for a war crimes investigation.
Breaking News
Tuesday 21st June, 2011
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Falken Tire isn't just a sponsor; they are a true partner with the SCCA®. From their involvement with Solo Spec Coupe as the spec tire manufacturer, to a featured partner of Track Night in America Driven by Tire Rack, Falken is showing they are more than just involved in motorsports. They are truly fans!
During the National convention in January, SCCA introduced Falken as the spec tire for SSC. And even more recently, SCCA released info about Falken's new Solo contingency program. Between that and their commitment to digital marketing and social media efforts, they are showing a vested interest in both the class' competitors, and its overall success.
The recently released Falken Tire contingency program is for both SSC and SSCL, and applies to National Tours, ProSolo®, and the Tire Rack Solo National Championship. It pays $300 for first, $200 for second, and $100 for third, as long as there are at least five competitors in the class. For more details, please visit https://www.scca.com/pages/solo-contingency
The Sports Car Club of America® is very excited to have Falken Tire on board and look forward to an ongoing partnership with the tire manufacturer.
Photo Credit: Tonda Lawson


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It stands to reason that during the summer, when the heat keeps you from the stove and the beach keeps you less clothed than normal, everyone's thoughts would turn to eating light. That is not always the case though. Especially not when trips out of town, and the celebratory air that accompanies them, involve meal after bountiful meal, tables groaning with food, and everyone serving up their best or ushering you to favorite restaurants. I am, of course, very much up for this blissful challenge. The vegetables and fruit are going crazy with goodness right now, and if you're vacationing on a tropical island (which, by the way, every one of our 7,107 are – so technically we all live on one) you'd be foolish to pass up on all the fresh seafood.
My trip to Iloilo was definitely one of those aforementioned high-octane eating trips. We were surrounded by family, good food, and good wine. Every meal had us vowing that we would go light for the next one. And every next meal had us breaking that vow. This weekend I am off on another beach trip, this time closer to home and only a car ride away. But I know that again we will be spoilt with good food (and lots of it), good wine (lots of that too), and fantastic company (which makes eating all the more enjoyable don't you think?).
A little preparation is in order methinks. Just in time comes Heidi Swanson's new cookbook Super Natural Every Day. I have long been a fan of 101 Cookbooks, Heidi's gorgeous blog that has been feeding my inner vegetarian (yes, some of us carnivores do have inner vegetarians…it's actually quite common so please don't scoff). I was so happy to finally get my hands on her new book and it has been sitting on my bedside table since I got it…giving me little bits of inspiration before I nod off, thinking of ways to eat a little lighter and healthier to compensate of weekend feasting!
Chickpeas & Sweet Potato Greens
(adapted from Chickpeas & Dandelion Greens in Super Natural Every Day by Heidi Swanson)
- 1 400-gram can chickpeas, drained
- 3 tablespoons olive oil
- 4 cloves garlic finely chopped
- 1/4-1/2 teaspoon Piment d'Espelette
- Fine grain sea salt, to taste
- 100 grams kamote tops (sweet potato greens), leaves picked
- 1/2 teaspoon lemon zest
– Place the chickpeas in a bowl.
– Place a skillet, and, while it is still cold, add the olive oil, garlic, Piment d'Espelette, and two big pinches of salt. Place over medium heat and stir until the garlic starts to sizzle but does not brown.
– Add the kamote tops and toss until they start to wilt. This will be very fast, just seconds. Stir in the lemon zest.
– Pour the whole lot of greens and flavorful oil over the chickpeas and toss to coat. Taste and adjust seasoning. Serve warm or at room temperature.
– Serves 2 (as a main) or 4 (as a side).
Heidi uses dandelion greens in her original recipe but, even if they sound quite charming to me (like something out of Aesop's Fables), they cannot be found over here. I substituted kamote tops (sweet potato greens) of which I think Heidi would approve as she is a staunch supporter of locally sourced produce. For the red pepper flakes she calls for I used Piment d'Espelette (recently gifted to me by a beloved chef aunt who hails from the Basque region of Spain). To make this more a main meal Heidi recommends topping it with a crumbled hardboiled egg. I decided to go the runny route and topped mine with a Pimenton fried egg (my latest breakfast obsession that I will soon be posting about!).
I have pretty much bookmarked Super Natural Everyday to an inch of its life but this simple preparation of garlicky-lemony chickpeas pushed itself to the forefront one lunchtime when I needed something fast and light, but still tasty and filling. This dish hits it on all counts. Especially on the tasty count.
So a big thank you to the lovely Heidi, who provided me with this delicious respite between summer trips. I am looking forward to trying more! Just as I am looking forward to once again trading city for beach this weekend!