text:
Wis. ADT dealers challenge terminations
MILWAUKEE - Citing a nearly 30-year-old Wisconsin law that requires dealers to receive 90 days notification of termination of their contracts as well as an opportunity to rectify performance deficiencies, five former dealers for ADT Security Services filed a lawsuit in April in Milwaukee County Circuit Court against the company's registered agent in Madison, Wis.
The lawsuit marks another challenge following ADT's announcement in August 2002 that it was cutting back on its nationwide dealer program, limiting the number of accounts it would purchase or terminating some contracts altogether because they didn't meet specific criteria.
In late December 2002, a New Jersey dealer, Spectracom Inc., filed a class action lawsuit there citing breach of contract for lost income because ADT had limited the number of qualified accounts it would purchase.
The Wisconsin dealers, listed in the complaint as Home Protective Services Inc., Milwaukee; A-1 Security of S.E. Wisconsin LLC, Racine, Wis.; Howard Reddan, Verona, Wis.; David Hinks, Kenosha, Wis.; and Vicetec Security Group Inc., Milwaukee, had been affiliated with ADT for one to eight years, said Attorney Paul Jacquart with Jacquart & Lowe, Milwaukee.
The first four had all been terminated following the receipt of a letter in August 2002 giving them from 30 to 33 days' notice. Vicetec had initially received notice in August 2002 that ADT was limiting the number of accounts it would purchase from the dealership, but six months later the company's contract with ADT was terminated outright.
Jacquart said Wisconsin's Fair Dealership Law, enacted in 1974, clearly predates the dealers' contracts with ADT. In addition, he said, "you can't contract outside the law,†meaning even contracts that specify shorter notification periods, such as the ADT contracts' 30-days' notice, are subject to the overriding state law. Jacquart noted dealerships have successfully challenged terminations shorter than 90 days under the state's Fair Dealership Law provisions.
"Generally what we find is that these are national companies making national decisions,†Jacquart said, and they may not be aware of the local laws. "These decisions are made by businesspeople, not lawyers.â€Â
However, Les Gold, attorney with Mitchell, Silberberg and Knupp, Los Angeles, which represents parties in the security industry, said of the differences between ADT's contract termination criteria and the Fair Dealership Laws' 90-day notice, "I would assume the ADT attorneys know what they're doing in that regard. They've got a competent legal staff.â€Â
Having spoken with an ADT dealer's representative about the case, consultant Craig Leiser, president of The Kismet Group Ltd., Stillwater, Minn., said he was told ADT's contract stipulates it is subject to the laws of the state in which the dealer program is based, which is Colorado. And Colorado doesn't have the equivalent of Wisconsin's Fair Dealership Law.
Although he wouldn't speculate on how that would affect the outcome of the Wisconsin dealers' lawsuit, Leiser said "in all probability, this will go to court†rather than being settled. He also noted because ADT is trying to cut both its dealer program and its overall costs, "they have no incentive to acquiesce.â€Â
He said while ADT is trying to make decisions to enhance the livelihood of its business, the Wisconsin dealers and others affected by terminations nationwide are also concerned for their well-being.
The loss of access to the ADT name and the company's support can be a big blow to a dealer, Leiser said. "In security, there's no bigger name than ADT. To use that name provides a big advantage.â€Â
Attorney Jacquart said while it was too early to talk about specific damages, he said the damages were likely to be "substantial because (the actions) led to the destruction of their (the dealers') business, livelihood and those of the people who worked for them.â€Â
He noted some of the companies - though he didn't specify which ones - had been able to take on new security contracts since their termination from ADT's program. In those cases, he said, damage amounts would be related to whether they were able to cover the losses of the ADT portion of their business.
Neither Jacquart, Gold nor Leiser were aware of any other lawsuits brought against ADT under a state's fair dealership law. Jacquart said that could be because most dealers aren't aware that such laws exist to protect them.
In the case of the Wisconsin dealers, he said his firm was initially approached about general legal advice, at which point he was able to make the parties aware of the Wisconsin statute.
Jacquart said ADT had 45 days to respond after being served with the complaint, which was in mid-April. He expected a trial date to be scheduled soon after the response.
He added there was the potential for two additional plaintiffs to join the lawsuit against ADT.
ADT Dealer Lawsuit
7325 S. Potomac St., Centennial, CO 80112 (303) 649-6355
CO Arapaho County District Court 18th JD
Filing Date: Feb 25, 2011 9:08 PM MST
Filing ID: 36163342
Plaintiff: Brandon W. Adams Investments, Inc., a Texas Corporation, f/d/b/a/ Central Security and Brandon W. Adams Individually,
Defendant: ADT Security Services, INC., a Delaware corporation.
Attorneys for Plaintiff
Burkeley N. Riggs, Atty. Reg. No. 29822
1400 16th Street, 6th Floor
Denver, Colorado 80202
Plaintiffs, Brandon W. Adams Investments, Inc. ("Adams Investments"), d/b/a/ Central Security, Inc. and Brandon W. Adams (Adams Investment and Mr. Adams shall be collectively referred to as "Adams"), by and through their counsel, Moye White LLP, files this Complaint against Defendant ADT Security Services, Inc. ("ADT").
1. Adams Investments, Inc., is a Texas corporation in good standing with an address of 1109 Pigeon Forge Drive, Pflugerville, Texas 78660. Adams Investment formerly did business as Central Security, an authorized dealer of ADT.
2. Adams Investments is an initial consumer of the services of ADT. Adams Investments purchases services from ADT and re sells them to the public at large.
3. Mr. Brandon Adams, who is the owner/operator of Adams Investments is a Texas resident whose address is 1109 Pigeon Forge Drive, Pflugerville, Texas 78660.
4. ADT is a Delaware corporation, with corporate headquarters located in Boca Raton, Florida. ADT's principal place of business is located at 14200 East Exposition Avenue, Aurora, Colorado 80012. ADT is a division of Tyco International, Ltd. and a worldwide supplier of electronic security systems, fire alarm systems, communication systems, and integrated building management systems.
5. Jurisdiction and venue are demanded by the terms of parties' agreement and because ADT's principal place of business is located in Arapahoe County, Colorado. Also, to the extent it is valid and enforceable, section 17.8 of the Authorized Dealer Agreement between Adams and ADT (the "Agreement") vests jurisdiction and venue with this Court. Section 17.8 provides in pertinent part:
17.8 Applicable Law, Jurisdiction and Venue. This Agreement shall be construed and enforced in accordance with the laws of the state of Colorado applicable to agreements wholly executed and wholly performed therein. Any action or proceeding brought by either party against the other arising out of or related to this Agreement shall only be brought in a court of competent jurisdiction in Arapahoe County, Colorado.
See Exhibit A, § 17.8. Finally, this Court has jurisdiction over the parties and the subject matter pursuant to § 13-21-124, C.R.S.
A. ADT Deceives Independent Dealers Into Joining its Large Dealer Network.
6. ADT uses its large independent national dealer network, in addition to its corporate-owned stores, to sell its security monitoring service to residential and commercial subscribers nationwide, including end-users in Colorado.
7. Under its Authorized Dealer Program, ADT's independent dealers ("Dealer(s)") sell and install ADT alarm systems with monthly monitoring service contracts, to residential and commercial subscribers. See Form Monitoring Contract attached as Exhibit B.
8. Dealers work to obtain a portfolio of subscriber accounts under contract for ADT. For approximately $35.00 a month, ADT provides security monitoring services to subscribers. The Dealer installs an alarm system that is connected by telephony to ADT's monitoring center, and ADT then monitors the alarm system signals and alerts. ADT's service notifies subscribers and requests dispatch of appropriate authorities when ADT receives an alarm signal.
9. In the event ADT does not purchase a subscriber from a Dealer, or the subscriber does not qualify to purchase, ADT charges Dealers for subscriber monitoring services directly; approximately $4.00 per month to monitor each subscriber account. The Dealer then charges these subscribers directly.
10. ADT engages in an active marketing campaign to prospective Dealers through the internet and other media. In doing so, ADT advertises and represents that it, through the services it sells to prospective Dealers, helps these prospective dealers grow, acquire subscriber accounts and reap the long-term residual benefits from doing so.
11. ADT claims its dealership program (through a series of initiatives, incentives, and programs) that ADT dealers have better industry knowledge, established business relationship discounts and benefits, and the name brand recognition of ADT. Among other things, ADT represents that: it helps facilitates business relationships that generate leads for ADT Authorized Dealers; it offers a wide variety of industry-leading training to help you generate more leads and help increase sales growth; ADT offers to Dealers the benefits and resources of the industry leader.
12. ADT however fails to disclose to prospective dealers its pattern and practice of improperly terminating dealers. Over the course of the last ten years ADT has instituted hundreds of lawsuits against its dealers. A large number of these lawsuits concern ADT wrongfully terminating its dealers. After entering into an Authorized Dealer Agreement, ADT changes the parties' agreed-to-bargain in order for ADT to deprive its dealers of certain fees that are entitled to dealers under the Authorized Dealer Agreement. Upon information and belief, ADT has been involved in over 180 dealer termination cases since 1999 in Arapahoe County District Court alone.
13. This pattern and practice of terminating dealers in order to avoid paying fees allows ADT to continue to charge its $35.00 monitoring fee without paying the dealer certain monthly revenue sharing fees otherwise due under the Dealer's Authorized Dealer Agreement. This coupled with the fact that ADT consistently seeks to enforce the non-compete clauses in its Authorized Dealer Agreements deprives the terminated Dealer the opportunity of moving on to an ADT competitor thereby, in turn, depriving the subscriber of the ability to follow the dealer and obtain the same service for many times a lesser price.
14. On February 11, 2004, several ADT authorized dealers filed a lawsuit in Arapahoe County District Court against ADT, captioned Advantek Pro, Inc. v. ADT Securities, Services, Inc., 2004 CV 587 (the "Lawsuit"), alleging improper termination of their dealership agreements arising out of nearly identical facts alleged in this Complaint. Specifically, the Lawsuit alleges among other things that ADT changed it method of calculating customer attrition rates to improperly terminate ADT Dealers. The Lawsuit was later bifurcated and a portion of the case was certified for a class action. The remaining portion is currently in abeyance awaiting determination of the class action. See Complaint attached as Exhibit C. No notice was ever served on Mr. Adams regarding this class action.
15. On March 3, 2004, ADT's attorneys entered an appearance in the Lawsuit. ADT, however, never disclosed the existence of that Lawsuit to Adams, and specifically failed to do so before Adams entered into the Agreement just six weeks later.
B. Adams Becomes an ADT Dealer, Relying on ADT's Misrepresentations.
16. Based on the foregoing misrepresentations and believing that ADT was disclosing all material information, on April 16, 2004, ADT and Adams entered into the Agreement. On that day, Adams became one of nearly 500 ADT Authorized Dealers in the United States. ADT issued dealer number 5509530 to Adams. Since April 2004, Adams resold over 2000 subscribers to ADT pursuant the Agreement.
17. The Agreement provided for an initial term of three years. Upon the end of the initial term, the Agreement automatically renews for a successive periods of one year with a right to terminate by either party upon written notice 30 days before the end of the initial term, or a renewal period. Id. at § 15.1.
18. In addition, the Agreement refers and incorporates a standardized set of written procedures entitled "ADT Dealer Program Guidelines" ("Guidelines"). The Guidelines were not given to Adams prior to Agreement. ADT never gave Adams a current or complete copy of Guidelines after Adams signed the Agreement. Only later did Adams receive some Guidelines in piecemeal form that ADT delivered to him via email, mail, memorandum, or website.
19. As an ADT Dealer, Adams sold subscriber monitoring contracts for ADT pursuant to the Agreement. The monitoring contracts are preprinted by ADT and typically have a 36-month term (except in California, where the term is 24 months). The monitoring contracts are signed by the subscriber and by Adams and then remitted to ADT.
20. The Agreement further required Adams to sell a minimum number of monitoring contracts per month in order for Adams to maintain an "Authorized Dealer Status." Id. at § 12.1 The Agreement, however, does not require ADT to purchase a minimum number of contracts, but instead allows ADT to purchase only those monitoring contracts that ADT determines are credit-worthy pursuant to the Guidelines. Id. at § 9.2. ADT allows Adams the right to sell service to subscribers independently and directly. Adams must offer to ADT, for purchase under Agreement, all monitoring contracts of subscribers that qualify under Guidelines or at specific request of ADT.
21. In return, ADT promised to pay Adams a series of fees in the event ADT purchased a subscriber monitoring contract. First, ADT promised to pay Adams an up-front Base Alarm Account Fee ("Base Fee") for each qualified account ADT purchased from Adams. Exh. A at § 9.4. This amount is determined by the Agreement.
22. Second, ADT promised to pay Adams a Revenue Sharing Fee ("Revenue Fee") for each subscriber account that ADT purchased from Adams. The Revenue Fee is a percentage of the subscriber's payment during subscribers' initial contract term. Pursuant to the Agreement, the amount of the Revenue Fee is determined by the Agreement set forth in Guidelines. Specifically, the Agreement provides in pertinent part:
9.5 Revenue Sharing Fee
9.5.1 Except as set forth in Section 9.5.2, for a period of up to thirty-six (36) months from the Closing Date with respect to a Purchased Alarm Account, Authorized Dealer shall be entitled to receive, on a monthly basis, a Revenue Sharing Fee determined by and subject to change in accordance with the procedures, including the average Alarm Account production goals, set forth in the Guidelines. Id. at § 9.5.
23. Third, ADT promised to pay Adams a Continuing Equity Payment ("Continuing Payment") in the event the subscriber continued as an ADT customer after the initial term of the monitoring contract had expired. According to the Agreement, the payment was to be made monthly, and the amount of payment to Adams is determined in accordance with the Guidelines. The reason for this provision is that many times Subscribers will use ADT's service long beyond the usual three-year term of Subscriber's contract. Section 9.6 of the Agreement provides:
9.6 Continuing Equity Payment
9.6.1 During the term of this Agreement, and provided that Authorized Dealer is in good standing and is not in default under the terms of this Agreement, the Dealer Monitoring Agreement and the Guidelines, commencing thirty-six (36) months after the Closing Date of each Purchased Alarm Account, and continuing as long as the Purchased Alarm Account does not become a Canceled Alarm Account or a Non-Producing Alarm Account and (ii) the Purchased Alarm Account is not transferred, or sold to a third party, Authorized Dealer shall be entitled to a Continuing Equity Payment in accordance with the procedures set forth in the Guidelines.
24. In the event the subscriber later cancels a monitoring contract within the prescribed term, ADT requires the Dealer to refund the Base Fee and the Revenue Fee. This is known as an Attrition Chargeback. The Agreement further provides that in order to maintain an Authorized Dealer Status, Adams must not exceed a Net Maximum Attrition Rate:
12.1 Retention Goals. During the term of this Agreement, Authorized Dealer is required to assist ADT in the retention of the Purchase Alarm Accounts and not to exceed its Maximum Net Attrition Rate, which is defined as the amount of Purchased Alarm Accounts net of chargebacks, on an annual basis, that shall become Canceled or Non-Producing Alarm Accounts (the "Maximum Net Attrition Rate") and which Maximum Net Attrition Rate shall be set forth in the Guidelines.
Thus, the Agreement provides an "annual basis" for calculating Attrition Chargeback liability, i.e. 12 months.
25. Further, Section 14 of Agreement defines term "attrition" in the context of a 12 month period:
14. Attrition Chargeback. During the term of this Agreement and for as many as twelve (12) months thereafter (depending upon the class of Purchased Alarm Accounts involved and the Closing Date with respect to those Purchased Alarm Accounts), Authorized Dealer shall be charged the Attrition Chargeback with respect to Purchased Alarm Accounts that become Canceled Alarm Accounts or Non Producing Alarm Accounts. The guidelines and procedures to be used with respect to Authorized Dealer's Chargeback are more specifically set forth in the Guidelines
Id. at 12.1 [emphasis added]. Thus, pursuant to the Agreement, the Net Maximum Attrition Rate is the amount of purchased alarm accounts net of chargeback, on an annual basis that have become canceled or non-producing subscriber accounts. Id.
C. In June 2008, ADT Attempts to Unilaterally Change the Maximum Net Attrition Rate Timeframe by Requiring Adams to Sign Another Dealer Agreement.
26. On April 16, 2007, the initial three-year term of the Agreement expired. Accordingly, the Agreement renewed each subsequent year for another one-year term on April 16. On June 19, 2008 and again on June 24, 2008, outside any renewal period, ADT forwarded a new and different Dealer Agreement to Adams. See Exhibit D, June 19, 2008 letter, June 24, 2008 letter and Agreement.
27. The new 2008 agreement offered by ADT to Adams contained a much different Retention Goals clause than the one set forth in the original Agreement of 2004. Importantly, this offered agreement removed the "annual basis" language contained in section 12.1 of the Agreement, and gave ADT complete discretion in its calculation of the Net Attrition Rate:
12.1 Retention Goals. During the term of this Agreement, Authorized Dealer is required to assist Dealer in the retention of the Purchase Alarm Accounts. At no time, shall Authorized Dealer exceed its Maximum Net Attrition Rate. The Maximum Net Attrition Rate and the formula for the computation for the Maximum Net Attrition Rate are set forth in the Guidelines.
28. Because the Agreement had neither expired nor terminated, Adams refused to execute the new Agreement. ADT's correspondence enclosed with the offered contract indicated that once ADT received Adams' signature page, ADT would then approve the Agreement. ADT never countersigned the offered agreement.
D. ADT Improperly Withholds Fees From Adams and Terminates Adams Based on ADT's Bad Faith Improper Calculation of the Maximum Net Attrition Rate.
29. On February 26, 2009, ADT issued to its Dealers a Notice of Changes to ADT Authorized Dealer Program Guidelines (the "Memorandum"). See Memorandum attached as Exhibit E. Among other things, ADT purported to chance the Guidelines to reflect that Revenue Fees would be forfeited for any month in which the Dealer's Maximum Net Attrition Rate exceeds 15%. Id. As such, ADT allegedly changed the Guidelines via the Memorandum, to stop all Revenue Fees and Continuing Payments earned by Adams. ADT did this by using a much different attrition calculation formula than that the annual basis calculation as agreed upon under the Agreement.
30. ADT's unauthorized changes violated the original Agreement and interfered with Adams's rights to earned fees under the Agreement. ADT then sought to use the Memorandum to unilaterally change the written Agreement. ADT further relied on the changes to its Guidelines as a way to avoid paying monies due under Agreement and to later terminate Adams' dealer status.
31. On March 2, 2010 ADT terminated Adams by letter. ADT claimed the right to terminate the Agreement with Adams relying on section 12.1 concerning Adams' retention goals and attrition. Specifically, ADT claimed that Adams had an attrition rate of 21.9 % which exceeded ADT's Maximum Net Attrition Rate.
32. Under the original Agreement, the Net Attrition Rate is a simple math equation. When ADT changed the terms of the Agreement pursuant to the Memorandum, it changed the manner and term in which the Net Attrition Rate was calculated. This new equation accounts for a liability greater than bargained for by Adams and ADT in the Agreement. The new equation considers subscriber accounts that are older than 12 months.
33. On multiple occasions throughout 2009 Adams requested that ADT provide him the basis for its calculation of the Maximum Net Attrition both before and after ADT wrongfully terminated Adams. To date, ADT has failed to sufficiently explain is method of calculating the Maximum Net Attrition Rate. See email attached as Exhibit F.
34. In addition, throughout 2009, Adams requested that ADT provide an accounting for missing payments regarding Revenue Fees. Upon review of information provided to him by ADT, Mr. Adams informed ADT that ADT's method for calculating the Maximum Net Attrition Rate was wrong, and also that ADT also had not correctly counted the right amount of cancelled subscriber accounts, and listed subscriber accounts incorrectly.
35. Specifically, Adams informed ADT that the data it sent to Adams reflected only 189 cancelled accounts, yet ADT used the number of 195 cancelled accounts to justify its wrongful converting Adams' Revenue Fees. Adams further informed ADT that had it used the correct numbers for calculating the Net Attrition Rate, the Net Attrition rate would be below 15%. ADT never sent Adams any data supporting its 195 cancelled subscriber accounts number.
36. Finally, Adams informed ADT that it should not be including in its calculation for the Net Attrition Rate, current and good paying subscribers or for subscriber accounts that ADT had converted to corporate accounts. Specifically, active subscribers that were signed by Adams were reclassified by ADT as corporate accounts. ADT would then classify the corporate accounts as cancelled or non producing subscribers in order to artificially inflate Adams's Net Attrition Rate. ADT continued to claim that these subscribers were non-producing even though ADT was and is receiving the monthly monitoring fees from the subscribers.
37. After ADT failed to furnish Adams with sufficient reporting abilities or give an accounting to Adams for verification of accuracy of fees it has paid to Adams, Mr. Adams questioned Jack Teel, ADT's South Central Regional Director, about missing monies due on subscriber accounts several times. Jacks final response was "Brandon we are not going to have this conversation."
(Breach of the Agreement)
38. Adams incorporates its previous allegations as if fully set forth herein.
39. On April 16, 2004, Adams and ADT executed the Agreement.
40. ADT has breached the Agreement in several ways including but not limited to:
a. ADT failed to give a valid or reasonable cause for and nonpayment of subscriber accounts;
b. ADT failed to give accurate accounting reports on subscriber accounts.
c. ADT improperly terminated Adams;
d. ADT intentionally failed to pay Adams on subscriber accounts under Agreement;
e. ADT charged Adams back on subscriber accounts incorrectly and improperly; and
f. The equation ADT used for Net Attrition Rate violates terms of the Agreement.
41. Adams substantially performed under the Agreement.
42. As a result of ADT's breaches, Adams has incurred damages in an amount to be proven at trial.
(Breach of Implied Covenant of Good Faith and Fair Dealing)
43. Adams incorporates its previous allegations as if fully set forth herein.
44. Under Colorado law, the Agreement contains an implied covenant of good faith and fair dealing.
45. The Agreement allows ADT discretion concerning the terms identified in the Complaint.
46. ADT exercised this discretion in bad faith and therefore breached the implied covenant of good faith and fair dealing.
47. ADT's breach of its covenant of good faith and fair dealing damaged Adams in an amount to be proven at trail.
(Declaratory Judgment)
48. Adams incorporates its previous allegations as if fully set forth herein.
49. Adams and ADT have a valid and enforceable Agreement, which ADT may not terminate.
50. ADT has illegally terminated the Agreement.
51. An actual and justiciable controversy exists between Adams and ADT regarding the parties' respective rights and obligations under the Exclusive Agreement.
52. All necessary parties under C.R.C.P. 57(j) are before the Court.
53. Pursuant to C.R.S. §§ 13-51-101, et seq., and C.R.C.P. 57, this Court may declare the respective rights, status and other legal relations of Adams and ADT.
54. Adams is entitled to a declaratory judgment that ADT illegally terminated the Agreement.
(Intentional Interference with Existing and Prospective Contractual Relations)
55. Adams incorporates its previous allegations as if fully set forth herein.
56. Existing and prospective contractual relations existed between Adams and subscribers.
57. At all times ADT knew of the existence of the contractual relations.
58. ADT acted in a manner that improperly induced a breach of the existing and prospective contractual relations, including but not limited to soliciting and converting subscribers away from dealer portfolio. Specifically ADT interfered with both: subscribers not purchased by ADT and subscribers billed belonging to Adams. ADT wrongly listed subscribers with the purpose and intent to not pay residual monies due to Adams.
59. ADT acted in a manner that improperly interfered with prospective contractual relations, including but not limited to soliciting future business from Adams's existing subscriber portfolio.
60. Adams has incurred damages in an amount to be proven at trial as a result of ADT's conduct.
(Fraudulent Inducement)
61. Adams incorporates its previous allegations as if fully set forth herein.
62. Upon information and belief, ADT engages in a pattern and practice of inducing individuals to sign up as Dealers under the pretense of the bargain set forth in Authorized Dealer Agreements. ADT used undisclosed Guidelines and offered agreements to change the bargain after agreement and enable ADT to terminate the dealers. ADT then sell its services thru a new unsuspecting dealer. In fact, over the past 10 years ADT has been either a plaintiff or defendant in 180 lawsuits in Arapahoe County District Court, most of which concern termination of one or more of its 500 dealers.
63. ADT failed to disclose to Adams before the execution of the Agreement that ADT's intent was to change the Agreement's bargain at times in order to terminate or materially alter Adams' dealer status.
64. ADT further failed to disclose the existence of the Lawsuit.
65. These facts were material to Adams.
66. ADT concealed and failed to disclose these material facts with the intent of creating a false impression of the actual facts in the mind of Adams.
67. ADT concealed and failed to disclose these material facts with the intent that Adams would rely on this concealment and failure to disclose by taking a course of action that Adams may not have taken knowing these actual facts. In particular, entering into the Agreement with ADT.
68. Adams justifiably relied, to its detriment, on ADT's concealment and failure to disclose such facts. Specifically, Adams justifiably relied upon this concealment and failure to disclose facts by entering into the Agreement with ADT.
69. As a result of ADT's concealment and failure to disclose such material facts, Adams has been damaged in an amount to be proven at trial.
(Violation of the Colorado Consumer Protection Act)
70. Adams incorporates its previous allegations as if fully set forth herein.
71. ADT has engaged in unfair or deceptive trade practices as defined in Section 6-1-105(1), C.R.S. Specifically, ADT failed to disclose material information concerning its dealer policy of improperly terminating dealers in order to induce dealers to enter into Authorized Dealer Agreements such as Adams did here.
72. The deceptive practices described in this Complaint occurred in the course of ADT's business and vocation.
73. The deceptive trade practices as described herein significantly impact the public as actual or potential consumers of goods, services, or property being sold by ADT. ADT relies upon its improper of pattern and practice of improperly terminating dealers coupled with its post termination non-compete clauses set forth in its Authorized Dealer Agreement to prohibit terminated Dealers from continuing to engage in selling same monitoring services. As such, customers nationwide are precluded from selecting Dealers of their choice, or to continue with Dealers they originally signed up with for their security services. ADT is thus able to maintain a much higher price nationwide for its monitoring services.
74. ADT engaged in these deceptive trade practices in bad faith as defined in C.R.S. § 6-1-113(2.3) in that ADT's conduct was fraudulent, willful, knowing and/or intention conduct that caused injury.
75. As a proximate result of the willful and malicious conduct of ADT, Adams has suffered and continues to suffer damages and losses for which Adams is entitled to recover the maximum amount.
Seventh CLAIM FOR RELIEF
(Unjust Enrichment)
76. Adams incorporates its previous allegations as if fully set forth herein.
77. Adams conferred a benefit upon ADT for what Adams expected to be compensated.
78. Under the circumstances, it would be unjust for ADT to retain the benefit without paying Adams.
WHEREFORE, Adams respectfully demands judgment and prays for the following relief:
a. An award of damages including lost profits as a result of ADT's breach of the Agreement;
b. A declaratory judgment that ADT illegally terminated the Agreement, as set forth above.
c. An award of the costs and expenses, including reasonable attorney's fees, incurred by Adams in connection with this action;
d. An award of pre-judgment and post judgment interest; and
e. Such other and further relief as the Court deems just and proper.
DATED: February 14, 2011.
Respectfully submitted,
Original pleading bearing original signature maintained in the offices of Moye White LLP, as required by C.R.C.P. 121, § 1‑26(9)
/s/Burkeley N. Riggs - Burkeley N. Riggs (#29822)


text:
Agilex has been tasked by the Veterans Affairs Department to develop a web and mobile application for viewing radiological images desktops and mobile devices.
The $16.1 million contract runs for one year, and Agilex will build upon Calgary Scientific's ResolutionMD product.
The goal is to improve care by accelerating and improving diagnosis and treatment as well as strengthening collaboration and expanding telehealth options, the company said in a statement.
"VA is a leader in the use of mHealth technologies to connect patients and health care services anywhere, changing the traditional facility-based healthcare model," said Dr. Wyatt Smith, vice president of health care strategies for Agilex. "By applying this same model for clinicians, diagnostic images will become more readily accessible, improving clinician efficiency and care quality."
The solution also will help VA cut costs and reduce the constraints of traditional archiving systems.
The images will be more widely available, and clinicians will be able to use visualization and workflow tools via mobile phones, tablets and desktops, the company said.
ResolutionMD will let the solution directly integrate with VA's VistA clinical systems and the VA Mobile Framework. The product also has been diagnostically cleared via the Food and Drug Administration's medical device approval process.
Agilex has worked on other VA mobile health programs including Clinic-in-Hand (CIH), Mobile Blue Button (MBB), and Patient Scheduling initiatives.
About the Author
Nick Wakeman is the editor-in-chief of Washington Technology. Follow him on Twitter: @nick_wakeman.
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What a waste of money. Most medical imaging manufacturers have mobile viewers that are free or reasonably priced.
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subset: commoncrawl


text:
David Zitzerman, a member of the Canadian Film Centre's Board of Directors, announced the winners of the fifth edition of The REEL Challenge Contest at the Canadian Media Production Association's (CMPA) Prime Time in Ottawa conference. This year's theme, Movies Matter – The Big Picture, was an opportunity for filmmakers to produce a compelling short film that showcases the important contribution of the film and television production industry to Canada's economy ($5.8 billion in 2012) and the over 127,000 Canadians who play an integral part in taking a movie or television show from a simple idea to your living room or local theatre.
The first place winner was Christian Macklam, of Vancouver, BC. Macklam will receive $10,000 for his original short THE DATE, a work that humorously illustrates the bigger picture of filmmaking.
Second place winner Paul Leli of Toronto, ON will receive a $5,000 prize for his short film THE DREAM, an impressive Claymation piece that shows us why movies matter, seen through the eyes of a young boy.
FIRST PLACE WINNER: The Date
A first date goes downhill when a young filmmaker tries to describe what he does for a living.
Directed by : Christian Macklam - CANADA
Written by : Christian Macklam
Produced by : David Tang, Christian Macklam, Gavin Templer
Edited by : Christian Macklam
Cast : Iain Belcher, Mellisa Morgan
Length : 1:00
SECOND PLACE WINNER: Dream
Dream: A story of a boy who realizes he can follow his dream by bringing it to life through film.
Directed by : Paul Leli - CANADA
Written by : Paul Leli
Produced by : Paul Leli / Rob Sgrignoli
Edited by : Rob Sgrignoli
Length : 1:00


text:
In the spotlight: 'FBI Girl' focuses on dad, daughter
Photo: Courtesy Photo
Bulverde S.T.A.G.E. opens "FBI Girl," a comedy/drama based on Maura Conlon-McIvor's memoir about growing up with her G-Man dad, on Thursday. The cast includes Lisa Garza (from left) and Sam Shelton. Performances are at 8 p.m. Thursdays-Saturdays and 2:30 p.m. Sundays through May 19. Optional meals are served 90 minutes before each performance. The opening night show benefits the Bulverde/Spring Branch Activity Center. All tickets to that show cost $18; a wine and cheese reception follows the performance. Tickets to the rest of the run range from $10 to $18. Call 830-438-2339 for reservations.


text: Fleur Daxeny has an ingratiating manner, a madonna's face, and a closet full of black designer suits—all of them weapons in her ceaseless effort to keep the wolf, and honest labor, from the door. Checking the newspapers for the obits of wealthy women, she purrs attendance on their dazed widowers, making herself indispensable until she's ready to leave with whatever portable property she can tote off. When she sees the funeral notice for Emily Favour, she tricks herself out as usual and, armed with bogus memories of the deceased and a determination to lodge herself as deeply in Richard Favour's bosom as possible, sets out to charm the bereaved husband. But Richard isn't Fleur's usual victim; her unexpected feelings for him keep her at his estate much longer than she's accustomed to standing by her men; and his grasping family offers her practiced wiles lively competition—all complications Wickham (Swimming Pool Sunday, 1998, etc.) unfolds in her most decorously naughty fashion.


text:
This was the view for most of the day with some variation.
I could go miles and miles without seeing another vehicle which was wonderful. I don't mind the "scenic route" over the Interstate. I was able to go 70 mph much of the time.
The one big problem I had was only one rest stop actually had a rest room so it was mostly waiting for one of the infrequent towns.
The one rest stop had a display about the pony express. It was cool.
The thing that stood out the most was the shoe tree in McGill, Nevada.
I made up lots of stories about this along the way. Just hope I can remember some of them so I can get them written down.
About 20 miles north of Las Vegas the wind started blowing and pretty much kept up to Kingman where I'm staying the night. I didn't make any stops in Vegas but the one impression I got was everything is so big. Big buildings, big signs and big freeways (I counted 10 lanes at one point, some were the on ramp but still.)
Since I've come so far I hope to do a little sight seeing here in Kingman tomorrow. This is the home of Andy Devine and some of Route 66 still exists. I saw some cool stuff while finding a hotel.
After I recover I will be recapping some of the trip including our experiences in the cemeteries doing videos and electronic voice phenomena taping.
Have you ever had a ghost say what you were doing was stupid?
Stay tuned . . .
Some things I saw today:
A bunny crossing the highway
Four deer crossing the highway. I had to stop for them.
Lake Mead (it is HUGE)
Lots of interesting mountains with weird formations. (Sorry no photos.)
Flags in Arizona still at half mast for the fallen firefighters. Very moving.
Route 66 signs.


text:
CCM: What are you planning on baking this week?
Me: I'm not sure yet. Any ideas?
CCM: (response within a nanosecond) Cupcakes with vanilla Swiss meringue buttercream...but I haven't really thought about it.
So, having received my orders I then started to ponder how I could make these different to my previous vanilla buttercream cupcakes.
Dulce de leche is a sinfully delicious milk caramel sauce.
It is widely available in supermarkets but I bought mine, made by Argentineans living in London, from a stall in Borough Market. Suddenly, an idea announced itself into my brain...what if the cupcakes were flavoured with dulce de leche? Here is the prize ingredient:
I tweaked my standard cupcake recipe slightly to take into consideration that dulce de leche is made with milk. The cupcakes came out very well but I found they took a few minutes longer to cook than a plain cupcake mix.
The nude cupcakes are a beautiful caramel colour, the taste was subtle and left a hint of toffee/caramel in your mouth:
I realise I'm a bit late but here is my entry for the Turner Prize; I call it "Non vampiric cupcakes":
My piping skills are definitely improving and I am very proud of my swirls:
For the cupcakes:
125g unsalted butter
125g caster sugar
2 eggs
125g self raising flour
3 tablespoons dulce de leche
1 tablespoons milk (whole or semi skimmed)
For the buttercream:
4 egg whites
250g caster sugar – I used vanilla infused caster sugar
250g unsalted butter, at room temperature
2 teaspoons vanilla extract
How to make:
- Preheat the oven to 190°C/fan oven 170°C/375°F/Gas mark 5.
- Line a 12 hole muffin pan with paper cases.
- Start by making the cupcakes. Beat the butter and sugar together until light and fluffy.
- Add the eggs, flour, milk and dulce de leche to the bowl and beat until the mixture is well combined and smooth.
- Spoon the mixture into the paper cases.
- Bake for approximately 15 minutes or until a skewer comes out clean. Mine took 20 minutes.
- Remove from the oven and leave to cool on a wire rack. The cupcakes can be made a day in advance and stored, when cool, in an airtight container. I made the buttercream on the day I wanted it.
- Make the buttercream. Place the egg whites and sugar in a bowl over a pan of simmering water (making sure the bowl doesn't touch the water) and stir constantly to stop the egg from cooking.
- After 5-10 minutes the sugar should have dissolved. You will know whether this has happened by looking at the back of the spoon – if you can see any sugar crystals the mix needs more heating and stirring.
- When no crystals are visible, remove the bowl from the heat and whisk the meringue mixture until it has puffed up and cooled.
- Add the butter and vanilla to the meringue and continue to whisk. The mixture will collapse initially but don't panic; keep whisking and it will form a smooth, fluffy buttercream.
- Pipe on to the cupcakes and decorate as you wish.
- The finished cupcakes will keep for a couple of days at room temperature. Not that they'll have the chance!
- Bask in glory at the wonderful thing you have made.
- Eat.


text:
You are hereHome ›
Highly productive commercial agriculture, known as industrial agriculture, is the focus of this investigation. Students will analyze and compare the inputs and outputs of industrial agriculture after reading background information, examining photos and satellite images, graphing data, and answering questions. The role of technology in shaping industrial agriculture is also examined. Suggestions are offered for optionally assessing this lesson in a debate format or in a role-play format. The URL opens to the investigation directory, with links to teacher and student materials, lesson extensions, resources, teaching tips, and assessment strategies. This is Investigation 2 of three found in the Grades 9-12 Module 2 of Mission Geography. The Mission Geography curriculum integrates data and images from NASA missions with the National Geography Standards. Each of the three investigations in Module 2, while related, can be done independently.


text:
Indiana just became the most recent state to no longer require schools to teach cursive writing. Instead they will require them to teach keyboarding in elementary schools.
As with any kind of decision like this, there are supporters and detractors. The supporters say that it's a progressive movement and that technology has made it so that cursive writing skills are no longer needed. They argue that it's a waste of time teaching it.
The detractors say that when children don't learn cursive writing that they will be unable to read handwritten notes from elders or in historical documents.
When I do take pen to paper, my own cursive writing is a hybrid of print letters and cursive because it's faster. I prefer keying because it lets me get my thoughts down before they flee my head. Also, I remember when I was in school, student essays were judged more on the neatness than the idea contained therein, which is not exactly fair.
However, I still kind of hate the idea of kids growing up not being able to write cursively. What do you think?
Full Bio
Toni Bowers is the former Managing Editor of TechRepublic and is the award-winning blogger of the Career Management blog. She has edited newsletters, books, and web sites pertaining to software, IT career, and IT management issues.


text:
Date(s) - Jan 9th 2018
All Day
Be wowed by these dazzling trees inspired by different countries' traditions at six of our historic sites. Carefully chosen ornamental themes are prepared and beautifully decorated by volunteers from the Bethlehem Garden Club. Enjoy our annual tree display as a part of your family's holiday tradition, or start a new tradition this 2017. Trees of Historic Bethlehem is sponsored by the Morning Call and is open during Christmas operating hours of these museums and historic sites: Kemerer Museum of Decorative Arts, Moravian Museum of Bethlehem, 1810 Goundie House, Nain-Schober House, Single Sisters' House and 1752 Apothecary.


text:
A customer recently ordered a lugged steel Davidson to be completely chromed, something like a first for Davidsons. We wanted to use JP Weigle's Frame Saver, a rustproofing treatment, on the insides of all the tubes, but the seat stay vent holes are particularly small and difficult to get to. Ordinarily one sprays Frame Saver aerosol can through one of those slim straws, but that invariably requires some clean up. The decals had already been applied to the frame and we were worried what the Frame Saver might do to them. So Bill shows up with a hypodermic needle and syringe with which we mainlined those seat stays.
Back before the Weigle marketed his Frame Saver product, one would use something like linseed oil to coat the insides of a steel frame. I did that twice with my Bianchi EL/OS, and let me assure you that is one messy, smelly job. And linseed oil can take months to fully dry. Unsurprisingly, Weigle's Frame Saver is THE choice for protecting your fine steel frames nowadays.


text:
Turkey Bluffs State Fish and Wildlife Area was purchased with a 75% matching grant from the USFWS with Pittman-Robertson funding. The 2,264 acre area is located south of Chester and features scenic overlooks.
The site is open for fishing, hunting, hiking, horseback riding, and observing wildlife. Squirrel, wild turkey, and deer are the most common game species. Upland game species such as rabbit and quail also occur at the site primarily in the open areas. Dove hunting is provided in large sunflower fields on the area. Hunting for all species with statewide regulations is permissible at Turkey Bluffs.


text:
Opinion: Gender Wars at the Fed
WSJ editorial page editor Paul Gigot on Ben Bernanke's replacement and the implications for monetary policy and markets. Photos: Associated Press
This transcript has been automatically generated and may not be 100% accurate.
... I ... the ... the neck is a little bit ... like the bubble or the heavier the audience where his artist a lot longer than ... he wanted or use posted ... welcome to Opinion Journal I'm Mary Kissel that was President Obama in June signaling ... the exit of Ben burn Anqi not a nice way to say hey buddy ... you're almost out of the jobs that that's what he did ... he began the vivo I've got editorial page editor Paul GBO here to talk about possible ... replacements for Mr burn Anqi ... up all welcome ... um so the Fed Vice Chairman Janet Yellen seems to be on the top of everybody's lips Why DK she's the one indications that some are from a ... terminal both ... laudable may mean I think that they're a lot of people with the Democrat party who ... would like are to be the first time to warm and Fed chairman ... prison Obama likes to be a president of firsts first African American ... the ... associate attorney general ... ah so maybe he that would influence him ... off she's also she's got long long time don't we shouldn't ... be discounted credentials she was a former sentences go ... on the president ... and she's been that the Fed ... couple of times most recently as vice chairman so she has long experience and choose a distinguished economist ... but she also is a dovish ... Conficker a form of single question is so so so that means in terms of monetary policy writes you just open the floodgates opened all the great news for the market thinking saying why don't all but that it depends on circumstances right these always depend on circumstances use decisions on what states ... and every key juncture when the Fed has to make a ... crucial decision ... about whether to tighten or he is ... she tends to go to easing ... now sometimes that's the right call but other times it is ... for example in two thousand free for five he wasn't ... patient I'd much fast Renee contributed to the tothe ... to the bubble ... in housing I think actually it was their regional set ... which created the bubble ... aam ... and in a rather tight but that's her to fall ... ok you wanna read the case for Janney only Paulson got back today on our pages adopted by Alan ... on my winder I was interesting a couple ways because ... he is sort of dark course candidate himself is a former Fed governor under a Democratic president ... so he was basically saying ... go with her and don't look at me ... or else when it was very interesting to see him wait against ... Larry Summers ... well he did criticize Summers he was forty on but implicitly yet you don't music and slide on the Epistle area so ... interesting ... Larry Summers ... a very prominent ... economist lateness Gallegos of what is the case though for him to see have substantially different views white thinking ... I think he'd probably have more credibility on Wall Street at least as a first order because he'd be seen as someone is little more ... hawkish perhaps I don't know that that's accurate but I think Wall Street would perceive it ... he's part of the Reuben column ... Robert Rubin the former Treasury secretary he was deputy under Rubin before summer's was before he became Treasury secretary there's a ... coterie of Reuben AIDS in this administration the Obama administration ... Clinton action ... it isn't the Reuben faction ... Citibank faction and the related like kicking of they wanted they backed summer's ... hot summers probably is a heavier weight ... you can more as an economist ... um but he also sent ... details owes a lot of brokerages personally and he's on he's not the easiest guy to ... to get to ... it in a long way ... I've had my personally run ins with him ... and aam ... you know he's not the he's so ... I even think the question is could he have the collegial bearing ... and a place like the Fed ... were which is supposed to it ... doesn't really run by Consensus Kazaa chairman runs it ... but it's it's interesting question whether you have to the personal chops ... that personality to to to make the place where it would cut about a minute left ... whoever runs the fence After earning fees can inherit ... a very difficult situation when banks zero interest rates what to do with this ... massively inflated balance sheets I aam and it will either one of them do you think manage more prudently ... and yes I don't really ... I don't really think so I mean I think that I'm ... Yellen has been very much a supporter of burning key internally and even wanted to go further than member making has internally critically Key jokers and last for five years ... of summer's open mildly critical The quoted as such ... in recent weeks about the of the Fed's quantitative easing ... of but I don't know how much to credit that because it's pretty recent ... and I don't know if this is an attempt to come in ... Karbala some distance between himself and ... and ... between him and Janet Yellen our host recent a kid my mum bottom line is ... the boat probably be they would both probably be pretty dovish ... both pretty dovish of the markets might like it might create ... more bubbles more problems so how long it lasted yes well we're not watching very closely ... Paul thank you very much


text:
Created on Tuesday, 28 February 2012 15:20
Hits: 23413
Eaton County Historical Commission
Historical Grant Program
The Eaton County Historical Commission will be awarding grant monies to individuals or organizations that show or communicate historical elements through film, oral records or printed material to the citizens of Eaton County and beyond. Consideration will also be given to the restoration and preservation of historical sites, structures and artifacts of Eaton County. Awards will be given to the projects with greater long term historic value and those that most benefit the community.
The purpose of this program is to award public funds, budgeted by the Eaton County Historical Commission, to citizens and organizations within Eaton County to promote, restore or preserve the heritage of Eaton County, Michigan.
Any citizen or group of citizens from Eaton County, Michigan, and non-profit organizations registered to operate within Eaton County, Michigan, may apply for a grant from the Eaton County Historical Commission.
The commission will award up to $3,000 in 2013, with individual grants not to exceed $1,000. Awards can only be made during and for the current fiscal year; they can not be made for past or future years. Grants must be used to complete the proposed project within one year. If the proposed project can not be completed during that time period, an extension may be awarded with a written request from the applicant. If the grant award does not cover the total cost of the proposed project, applicants must raise the needed funds prior to any cash award from the commission. A follow up report must be given to the commission outlining the completed project. If the commissions funded portion of the project is unable to be completed in one year, the recipient must apply for an extension or return the original grant allocation.
Application Deadline- The deadline for submitting grant applications is April 15. Each grant applicant must submit a completed, original, signed copy of the application to the Eaton County Historical Commission by the deadline to be considered for the current fiscal year. Grant applications not approved and those not received by the deadline must be resubmitted if they wish to be considered the following year. All submitted material will become the property of the Eaton County Historical Commission and will not be returned.
Review Period- A grant program subcommittee, consisting of at least two members of the Historical Commission, will be appointed during March meeting of the Historical Commission. The subcommittee will review all applications and submit recommendations to the commission at the May meeting.
Approval Meeting- The Grant Program subcommittee will give their recommendations during the May commission meeting. Each application will be individually discussed and voted on. Approval for a grant will be determined by a majority vote of the commission members present. If a quorum can not be established at the May meeting, the vote will be rescheduled for the next regular scheduled meeting.
Click Here to obtain the Grant Application
Eaton County Genealogical Society
Bellevue Historical Society
SUVCW Curtenius Guard Camp 17
Grand Ledge Historical Society
Eaton Rapids Historical Society
Vermontville Historical Society
Friends of the Sunfield District Library
Bismark Community Boosters
Grand Ledge Area Historical Society
Eaton County's Museum at Courthouse Square
Sons of the Union Veterans of the Civil War, Curtenious Guard Camp #17
For more information contact the Eaton County Historical Commission PO Box 411 Charlotte, Michigan 48813.


text:
Online Learning
University students have access to hundreds of online courses
Did you know...
Approximately 22,000 students and 4,500 courses utilize WebCampus.
The University of Nevada, Reno offers more than 200 online courses each year. This means that students can earn credits towards their degree and entire selected degrees, minors and certificates, regardless of location or situation.
Online learning has a number of advantages including schedule flexibility and the ability to take university courses away from the Reno area. The University even offers a selection of online degrees, minors and certificate programs.
To see a complete list of online classes offered each semester, go to the University's MyNEVADA, select the class schedule, and then under "Additional Search Criteria", select "Web Based Course" under "Mode of Instruction".
To see additional online opportunities, including fully online degrees or programs, visit the links below:
Online Offerings
We offer a wealth of online courses to make learning convenient.
- Online 365 Learning: Online courses at the undergraduate and graduate level
- Online Executive Masters in Business Administration
- Online Master of Social Work
- Online Master of Public Health
- Masters Degrees in the College of Education
- Master of Education with an emphasis in Educational Psychology
- Master of Science in Equity and Diversity in Education
- Master of Education in Literacy Studies
- Master of Science with an emphasis in Information Technology in Education
- Master of Justice Management
- Graduate Certificate in Renewable Energy
- Addition Treatment Services
- Doctorate of Nursing Practice
- Degrees and Credentialing Courses in Psychology
- Master degree in Behavior Analytic Psychology
- Board Certified Associate Behavior Analyst required credentialing courses (undergraduate)
- Board Certified Behavior Analyst required credentialing courses (graduate)
State Authorization for Distance Education
The U.S. Department of Education requires all institutions offering distance education to be authorized in the states in which it operates. As stated in the Code of Federal Regulations (CFR):
If an institution is offering postsecondary education through distance or correspondence education to students in a State in which it is not physically located or in which it is otherwise subject to State jurisdiction as determined by the State, the institution must meet any State requirements for it to be legally offering postsecondary distance or correspondence education in that State. An institution must be able to document to the Secretary the State's approval upon request. (34 CFR§ 600.9[c])
This means that 365 Learning must acquire approval from any state where students reside and take University of Nevada, Reno online courses. This is an ongoing and lengthy process, and we are working diligently to acquire those authorizations.
For students who reside in other states, it is their responsibility to evaluate the applicability of University of Nevada, Reno courses to their local licensure requirements.
Because authorization has not been received in all states, students should contact 365 Learning before applying to any online degree program. Our office can be reached in the following ways:
Phone: (775) 784-4652 or 1-800-233-8928
Fax: (775) 784-1280
Email: firstname.lastname@example.com


text:
Langston Hughes
Langston Hughes (1 February 1902 – 22 May 1967 / Missouri)
» Click to list general statistics » OR, select a date :
I, Too
I, too, sing America.
I am the darker brother.
They send me to eat in the kitchen
read more >>
- Hits: Number of visitors who read the poem on the given date.
- Posts: Number of visitors who posted the poem to a friend (via e-mail) on the given date.
- Dates that have "0" hits may not be shown on the list.
- Dates, poems and poets that have "0" hits may not be shown on the list. Statistics are generated daily.


text:
This section documents all changes and bug fixes applied since the release of 1.3.5. It is the final release of the 1.3.x branch.
A new
--licenseparameter was added to display the license text, and the
--versionparameter was updated to show the license type. (Bug #17634676)
An Installer package (DMG) was added for OS X.
A workaround was to compile the MySQL Utilities from source. (Bug #17347424, Bug #70123)
The mysqlfrm utility now has the ability to produce a valid
.frmfile with the storage engine changed for any table that can be read by the
.frmReader in default mode. This ability requires you to specify
--frmdir(used to create and place .frm files, and the directory must exist). (Bug #17242369)
Performance improvements, including multiprocessing support, was added to the mysqldbexport, mysqldbimport and mysqldbcopy utilities. Performance improvements include:
Multiprocessing by database for non-POSIX systems (Microsoft Windows) and by table for POSIX systems, using the new
A new
--output-fileparameter was added to store the export results instead of using the (slower) standard output. Export results are now always sent to a file, and only to stdout and the end if required.
Multiprocessing by file (independent of the operating system), using the new
Perform only a single COMMIT at the end of importing each file, by default. A new
--autocommitoption was added to allow each statement to be committed upon its execution.
The bulk insert feature was improved (supports SQL statements). If the
--bulk-insertoption is enabled, then all INSERT statements are parsed and their data aggregated (if possible) in order to be executed as a single query.
A new
--max-bulk-insertoption was added to control the maximum size of the bulk insert, in order to avoid broken pipe errors. When the maximum number of INSERT statements is reached, then a new bulk insert is created.
Multiprocessing by database for non POSIX systems (Microsoft Windows) and by table for POSIX systems, using the new
Remove/disable the previous thread feature.
(Bug #14725390)
The Backspace key did not function in the mysqluc utility. (Bug #17909223)
The mysqlmetagrep utility now emits an informative notice if an unsupported object type is passed in, such as "--search-objects=function" or "--object-types=function", when before it threw an unhandled exception. (Bug #17908146)
The mysqlfailover utility threw an unexpected exception when a nonexistent slave was specified in the slaves list. (Bug #17903944)
The required version of Connector/Python is now v1.0.8 or greater. (Bug #17864266)
mysqldbcompare failed to properly compare the same views on different schemas. This caused the objects to be seen differently. (Bug #17864081, Bug #71022)
Attempting to use the mysqldbcopy utility to copy a database with one or more blob fields failed, and emit an error such as "TypeError: not all arguments converted during string formatting". (Bug #17722274)
The help for the
--rplmysqldbexport utility parameter was improved to clarify that a destination/slave server cannot be specified for export. (Bug #17633465)
The mysqldbcopy and mysqldbexport utilities were creating views before user-defined functions or procedures. As result, the copy or export failed if at least one of the views was using user-defined functions or procedures. Now, the functions and procedures are processed before the views. (Bug #17622298, Bug #70648)
On Microsoft Windows, attempting to install the MySQL Utilities from source failed, as
setup.pyrequired a "/etc" directory. (Bug #17555531, Bug #70512)
Improvements were made to the mysqldbcopy MUT tests. (Bug #17548335)
Error reporting in the mysqluc utility was improved to clarify which utilities are generating the errors. (Bug #17510350)
The mysqlauditadmin utility would unnecessarily set "audit_log_flush = ON" during a rotate operation. (Bug #17475780)
The mysqldbcopy utility could emit an error and exit when cloning a database with foreign key constraints that pointed to multiple tables. (Bug #17474810)
The mysqlindexcheck utility now informs the user when there was not enough data collected to produce a list of "best" and "worst" queries, when before it would seemingly ignore the table. (Bug #17457402, Bug #70339)
In MUT, the 'drop database' functionality is now centralized and reused throughout MUT, when before it was defined in multiple files. (Bug #17423074)
On Microsoft Windows, the mysqluc utility would crash after clicking the home button in MySQL Workbench. (Bug #17415167)
The Debian MySQL Utilities packages could not be installed if the installed Connector/Python package had a different license type, as the license type of both packages had to be identical. It is now possible to install a commercial version of Connector/Python with a GPL version of MySQL Utilities, or vice-versa. (Bug #17393742)
When MySQL Utilities was installed using the RPM package, it was not possible to upgrade with a newer version, or change the license type from another RPM package to another without manually removing the installed package. (Bug #17393523)
After executing the mysqluserclone utility without the optional
--sourceparameter, which then attempted to use the default credentials, an unhandled exception would be thrown if the default credentials were invalid. The
--sourceparameter is now required. (Bug #17217461)
login-pathfeature, as set in
.mylogin.cnf, did not allow for login paths with special characters, such as dashes. (Bug #17214291)
When the mysqlfailover connection to the master was killed, occasionally it caused an automatic fail over. mysqlfailover will now attempt to reconnect to the master, and after 3 attempts it will assume that the master is down. The connection to the master is not maintained between the reporting intervals. (Bug #17066910, Bug #69213)
The mysqlserverinfo utility parsed error messages raised during the server connection, which could suggest actions that the user could take to fix the errors, such as using the start option when the server was offline. The error numbers are now used for the same purpose instead of parsing the error messages. (Bug #16386941)
server_info_errorstest was unable to execute successfully on Microsoft Windows, and was temporary disabled. It is now enabled again, and was adjusted to function properly. (Bug #16226348)
The mysqlserverinfo utility output did not display information about the error, general, slow query. and audit log files. (Bug #14181681)
The mysqlserverclone utility did not check if the server passed to the
--serverparameter was local to the machine that mysqlserverclone was being executed on. (Bug #13773247)
The mysqlprocgrep utility did not provide an option to search and kill processes by ID. The
--match-idparameter was added, which searches processes by ID and allows them to be killed by ID. (Bug #13572964)
--bodyparameter of the
mysqlmetagreputility now supports views. (Bug #13563921)
--character-setoption was added to utilities that allow the user to define the client character set used for the MySQL connection, such as mysqldbexport and mysqldbimport. If this option is not provided, then the character set retrieved from the MySQL Server variable
character_set_clientis used. (Bug #13417229)


text:
*** (out of four)
The Beatles. Simon and Garfunkel. Rodriguez.
Apparently, South African music fans in the '90s put little-known early '70s folk singer Rodriguez on the same level as those legends. The Detroit-native musician, however, dropped from his label after two albums, had no idea of his fame across the ocean. And everyone in South Africa thought the guy was dead.
Director Malik Bendjelloul's stranger-than-fiction documentary "Searching for Sugar Man" chronicles the unusual sequence of events that leads a South African journalist and record store owner in search of a famous-yet-obscure musician long rumored to have committed suicide on stage. This sort of investigation couldn't happen in the Internet age. Back when people didn't know a ton about every single artist on the planet, Rodriguez went completely unnoticed by the public upon the release of his records "Cold Fact" and "Coming from Reality," and it's both unusual and inspiring to see what happens when his career almost literally comes back to life.
The artist himself remains a bit of an enigma; the movie could have thrived with more reflection from its subject and fewer shots of him walking around town or producers marveling at his genius. Regardless, this is a movie about the tragedy of promise unfulfilled, told through a person who doesn't seem to see it as a tragedy at all—or is by now too numb to reality to play "What if?"
An executive at Rodriguez's former label notes that Latin music hadn't caught on yet—Rodriguez is part Mexican and part Native American but his music recalls Bob Dylan and Tim Buckley—and you'll want to hear more analysis about why this man didn't sell.
In fact, this is a movie that you want to interview as it's happening. Sure, artists come along all the time who collaborators praise but the public dismisses. Not all of them, however, as Rodriguez did for anti-apartheid activists in South Africa, become so-called anthems for revolution. "Searching for Sugar Man" will make virtually all viewers want to track down the records immediately. It will be a massive increase for American sales of an artist who was cherished abroad long after he had slipped away from his hometown crowd, with barely any applause to die down.
Watch Matt on "You & Me This Morning," Friday at 6:55 a.m. on WCIU, the U
firstname.lastname@example.com. @mattpais


text:
The UMW Media Wall is now accepting submissions for the 2017-2018 academic year. The Wall is a one-of-a-kind moving image exhibition space located in the atrium of the Hurley Convergence Center at the University of Mary Washington in Fredericksburg, VA. The Wall is a large scale high definition video canvas composed of 43 separate Prysm Laser Phosphor Display (LPD) tiles arranged into a freeform array that measures 10 feet wide and 12.5 feet tall. Every month a new artist or group show will run on a 24 hour continuous loop.
Find out more about the application guidelines and process at the link below.


text:
I don't want this to be a chance for you to tell me what is wrong with the theocratic abscess burrowed; the thorn in your side or the vacant imperfection imposed upon the resident scapegoat. I care not to afford you the opportunity to lick your wounds in my sight or to appease the cultural norms subscribed.
Without the fear on the other side of the fence nor the ruckus in the alley way I want you to tell me what the benefit of an atheist lifestyle is had the social and political majority not absolved you and the necessary protestation of that artificial insemination had manifested itself in hindsight.
In other words, had there been no myth where would you see yourself rather than where would you see yourself in light of it.
Views: 3433
Replies are closed for this discussion.
Earlier I offered a Latin term which loosely translated is a jackass rubs the back of a jackass to make them feel good.
Why don't you and Heather rent a manger in Jerusalem and start a cult.
People like you have no answer.
Jesus fucking Christ, Heather Sponheim is as obtuse as a caboose.
Its fucking funny. She is so dumb.
Much hate I sense in you, young Henson. The path to the douche side is a dangerous one.
Is theism a "lifestyle" (like the supposed "gay lifestyle")? or is it more of a theological orientation?
We aren't born atheists.
A baby does not have a position on the question of God's existence. Nonbelief is different from disbelief. By parity of logic, we aren't born apolitical, we're born unaware of politics.
I can assure you Blaine, it wouldn't be his only, or even his most serious, problem --
The omnigod is a religious farce. It isn't supported by scripture.


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VINCI Partners with Oxford University Press on Digital Titles
Highly Esteemed University Publisher to Collaborate on Development of Five Titles for VINCI Curriculum
Feb 12, 2013, 08:04 ET
SANTA MONICA, Calif., Feb. 12, 2013 /PRNewswire/ -- Rullingnet Corporation, home of VINCI Early Learning Systems, announced that it is partnering with Oxford University Press, the largest university press in the world, to develop five of their existing titles in digital format for VINCI products and incorporation in the award-winning VINCI Curriculum.
"We are proud to partner with such a prestigious group to develop digital content for our VINCI curriculum," said Dr. Dan Yang, Creator of VINCI. "We are committed to providing the highest quality content and education for children, and the partnership with Oxford University Press furthers our mission. It is the perfect addition to our recently announced Educators Solution which brings our curriculum into the classroom."
The VINCI Educators Solution is a unique educational ecosystem that provides educators with digital and tactical tools that they need to put students in their classrooms on the path to success. Combining cloud computing, tablet technology and data mining to collect real time data about each child's learning status, this solution helps every educator identify strengths and weaknesses of each child and provides a series of recommendations to help them prepare for academic success.
Vineeta Gupta, Head of Children's Dictionaries for Oxford University press, said 'We are delighted that content from Oxford Children's Dictionaries and the Oxford Very First Atlas will be available on the VINCI tablet for preschool children. The content is fun, friendly, and educational and will help prepare children for school."
The titles in development for VINCI will be released over the coming months and include:
- Oxford Very First Atlas
- Oxford Very First Dictionary
- First Maths Dictionary
- First Science Dictionary
- Junior Illustrated Dictionary
About VINCI
VINCI was created as a new category of fun learning tools with the goal to engage, empower and educate children. By using a scaffolding teaching method designed by developmental psychologists and education experts, educators encourage children's curiosity with play based learning program at home or in school. VINCI Curriculum, the step by step digital learning program designed for preschool and kindergarten children was recently honored by CES 2013 Innovation Award.
More details can be found at www.vincigenius.com; https://twitter.com/#!/search/VINCIGenius; https://www.facebook.com/vincigenius; http://pinterest.com/vincigenius/
About Oxford University Press
Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. OUP is the world's largest university press with the widest global presence. It currently publishes thousands of new publications a year, has offices in around fifty countries, and employs more than 6,000 people worldwide. It has become familiar to millions through a diverse publishing programme that includes scholarly works in all academic disciplines, bibles, music, school and college textbooks, children's books, materials for teaching English as a foreign language, business books, dictionaries and reference books, and academic journals.


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Selecting your vehicle's make, model, and year allows us to display only parts and items specific to your car's model and year.
Part# CH27063
8 Reviews
OPGI Price: $779.99
Part Type: (A) Aftermarket product, usually an enhancement product
Years: 1964-1972
Sold As: KIT
2018 Cutlass/442 Catalog Page: 201
Certain items which exceed standard size are exempt from free shipping promotions. These items are noted in your cart at checkout.
Upgrade your suspension with these tubular control arm sets from OPGI. The Totally Tubular™ kits feature upper and lower arms complete with ball joints, cross shafts, bushings, bump stops and hardware. Each arm is professionally manufactured using 1-1/2" .120" wall DOM tubing for strength and durability. Pivot barrels are also DOM tubing featuring a 1-1/2" diameter and .188 wall. Upper arms are assembled using premium 4130 chrome-moly cross shafts and Delrin bushings. Lower arms feature a helical stamped coil pocket for secure spring mounting and hassle-free installation. All arms are available in black powder coated finish and designed for use with stock height spindles.


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Gerard Butler: Party in Malibu!
Gerard Butler smiles as he leaves a party on Sunday (July 3) in Malibu, Calif.
The 41-year-old Scottish stud shared a laugh with photographers as he left the beachside celebration.
Gerry stepped out with his beloved pug, Lolita, earlier in the day for a walk on the beach.
Last weekend, Gerry was spotted going surfing with friends – and later walking shirtless – on the beach in Malibu.
Gerry was recently invited to join the Academy of Motion Picture Arts and Sciences. Invitees are recognized for their distinguished work in the entertainment field.


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You have tremendous power to prevent heart disease—and you can start today. By learning your own personal risk factors and by making healthful lifestyle changes such as improving your diet or increasing your physical activity, you can greatly reduce your risk of developing heart-related problems. Even if you already have heart disease, you can take steps to lessen its severity. Use the many tools and resources in the sections listed below to find out how to lower your risk of heart disease.
- Awareness of Women's Heart Disease
- Risk Assessment
- Learning About Heart Disease and Taking Action to Lower Risk
- Tracking Healthy Choices
- Healthy Weight
- Heart Healthy Eating
- Lowering Your Blood Pressure
- Lowering Your Cholesterol
- Increasing Your Physical Activity
- Getting More Sleep
Awareness of Women's Heart Disease
- The Heart Truth® for Women Brochure
The program brochure features women telling their own stories about heart disease and provides information about risk factors and a checklist of key questions to ask your doctor.
Ordering Information
- Spanish Version (1.9MB)
Ordering Information
- The Heart Truth for Women: A Speaker's Kit
The Heart Truth for Women: A Speaker's Kit is easy to use and supplies all you need to hold a one-hour session on heart disease—instructions, overheads, handouts, responses to likely questions, and a compelling video, which features women telling their own stories about how heart disease changed their lives.
- Speaker's Guide PDF (6.1MB)
- Speaker's Guide Text
- Speaker's Guide Presentation (1.5MB),
need Microsoft PowerPoint to view
- Speaker's Guide Presentation (HTML)
- Promotional Poster PDF (476KB)
- Video
- Ordering Information
Risk Assessment
Learning About Heart Disease and Taking Action to Lower Risk
- The Healthy Heart Handbook for Women
The 122-page, full-color, 20th anniversary edition of The Healthy Heart Handbook for Women provides the most recent information on women's heart disease and practical suggestions for reducing your own risk.
- The Heart Truth for African American Women: An Action Plan
Provides The Heart Truth facts and figures specific to African American women.
- The Heart Truth for Latinas: An Action Plan
Provides The Heart Truth facts and figures specific to Latinas.
- Ordering Information
- Spanish Version PDF (2.5MB)
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- The NHLBI's Health Topics Website
- Your Guide Series
- Heart Disease Risk Factor Infographics
These infographics explain key modifiable risk factors—smoking, high blood pressure, high cholesterol, being overweight or obese, physical inactivity, and diabetes or prediabetes—and steps women can take to protect their heart health.
Tracking Healthy Choices
- The Heart Truth Healthy Action Badges
Become a part of The Heart Truth Healthy Action Community by pledging to take action to reduce your risk of heart disease and encouraging others to join you.
Healthy Weight
Heart Healthy Eating
- Interactive Menu Planner
- Keep the Beat: Deliciously Healthy Eating Website
- When Delicious Meets Nutritious: Recipes for Heart Health
Features 10 mouth-watering recipes and lists practical tips and substitutions for creating heart healthy versions of your favorite recipes.
Ordering Information
Lowering Your Blood Pressure
Lowering Your Cholesterol
Increasing Your Physical Activity
Getting More Sleep
- Your Guide to Healthy Sleep (2.3MB)
Need Acrobat Reader to view PDFs.
Last Updated: January 22, 2013


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As mentioned within an article in the Wall Street Journal earlier today, Google+ visitors spent just three minutes per month on the upstart social network between the months of September 2011 and January 2012 according to data collected by comScore. While active users likely spend vastly more time on Google+ each month, it's far less than the approximate seven hours spent on Facebook per month by the average visitor. In addition, Google+ was outpaced by Twitter at twenty-one minutes per month, Linkedin at seventeen minutes per month and even Myspace at eight minutes per month. Other sites within the comScore study include Tumblr and Pinterest, both which attracted visitors for nearly an hour and a half per month on average over the last six months.
While a Google spokesperson was quick to denounce the comScore data as being "dramatically lower" than internal data likely collected through Google's analytics package, the comScore data definitely shows a disconcerting trend with Google+.
While Google's Chief Executive Larry Page recently mentioned that the social network has 90 million users and over 60 percent of those users engaged with the site every day, it's unlikely that these users are actually logging into Google to use Google+ specifically. Instead, users are logging in to use a Google product like search, Gmail or YouTube.
Google recently put more emphasis on including social recommendations within standard search results, but this tactic may prove useless for search users if their friends on Google+ are completely inactive on the social network. In addition to a lack of engagement, Google+ was also noted as being outpaced by Pinterest earlier this month in regards to traffic being sent to outside sites. While Google has been aggressive in promoting Google+ in national commercials during popular events like the recent Academy Awards, brands like Intel have reported a lack of enthusiasm and user engagement when creating posts on Google+ compared to other social networks like Facebook and Twitter.
Editors' Recommendations
- Google Fi: Phones, plans, pricing, and perks explained
- Google denies claim that it's tracking internet users when incognito mode is on
- Google Lens' Images feature recognizes objects you might want to buy
- Microsoft is 'handing even more of online life' to Google, Mozilla CEO says
- Google's updated Recaptcha deters bots without imposing verification tasks


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Obama Backs Gay Marriage
Shift Could Energize Conservative Opponents; Timing Seen as Politically Risky
President Barack Obama said Wednesday he supported gay marriage, reversing his position on a controversial social issue just six months before the November election and adopting a stance fraught with uncertain political implications.
Mr. Obama had been under intense pressure this week to lay out a clear stance on same-sex marriage after Vice President Joe Biden and other top advisers endorsed it. Mr. Obama said that after years of lengthy discussions with friends and family, including his wife and two young daughters, he now "personally" believes gays and lesbians should have the right to marry.
"I've been going through an evolution on this issue. I've always been adamant that gay and lesbian Americans should be treated fairly and equally," Mr. Obama said in a television interview with ABC. "At a certain point I've just concluded that, for me personally, it is important for me to go ahead and affirm that I think same-sex couples should be able to get married."
Legal Patchwork
See where each state stands on the same-sex marriage issue.
Mr. Obama is the first sitting U.S. president to publicly support gay marriage. His endorsement is largely a symbolic moment for a country that is actively wrestling with the issue.
While the president opposes the federal Defense of Marriage law that defines marriage as a union of a man and a woman, he doesn't plan to pursue new U.S. policy on gay marriage, aides said, because he believes states should decide the issue.
Mr. Obama was against same-sex marriage as a candidate in 2008 but supported civil unions. In the fall of 2010, he said his views on gay marriage were "evolving," a stance widely interpreted as moving toward an endorsement. Asked numerous times afterward whether his position had changed, the president deflected the question and pointed to his record on other gay-rights issues.
On Wednesday, he explained, "I had hesitated on gay marriage, in part because I thought civil unions would be sufficient… And I was sensitive to the fact that for a lot of people the word 'marriage' was something that invokes very powerful traditions, religious beliefs and so forth."
He said his position was influenced by gay members of the military and his staff who are raising children together in monogamous relationships.
Mr. Obama informed a handful of top aides earlier this year he had decided to publicly support gay marriage before the Democratic National Convention in September, senior administration officials said. Mr. Biden's public support, in a TV interview Sunday, and the 72 hours of fallout that came afterward sped up the president's timetable, these officials said.
Mr. Obama's position puts him squarely at odds with that of Mitt Romney, the presumptive Republican nominee. Mr. Romney has said he believes marriage should be between a man and a woman. He also opposes civil unions and has said he would back a constitutional amendment banning gay marriage.
Asked Wednesday about Mr. Obama's gay-marriage endorsement while campaigning in Oklahoma, Mr. Romney acknowledged that it is a "very tender and sensitive topic." He said states are able to make decisions about domestic-partnership benefits, including hospital-visitation rights. "But my view is that marriage, itself, is a relationship between a man and a woman and that's my own preference," he said.
Polls show Americans' views on gay marriage are shifting faster than for many other hot-button social issues, with 49% in favor, according to a March Wall Street Journal/NBC News poll, up from 41% in 2009. Some 40% of Americans oppose gay marriage, according to the poll.
Other surveys show similar levels of backing for same sex-marriage, but some show opposition to have nearly equal support. In a recent Gallup survey, 50% approved of gay marriage, while 48% said they opposed it. But polls consistently show rising support in recent years.
Voters have enacted constitutional bans on gay marriage in a number of battleground states that will decide the 2012 election, among them Ohio and Florida. Mr. Obama's Wednesday announcement came a day after residents in North Carolina, a state the president hopes to win in November, voted overwhelmingly in favor of a constitutional amendment defining marriage as between a man and a woman. North Carolina is also hosting the Democratic National Convention, where Democrats were set to battle over whether to make gay marriage rights a plank of their party's official platform.
The issue holds potential perils for conservative Democrats, and benefits for Mr. Romney.
Related Video
Ralph Reed, founder and chairman of the Faith and Freedom Coalition, a social conservative group, said Mr. Obama's gay-marriage switch would fire up the GOP's conservative base. "This is an unanticipated gift to the Romney campaign. It is certain to fuel a record turnout of voters of faith to the polls this November," he said.
"Just before an election, you're going to rile up the right-wing base, there's no question about it," said Peter Fenn, a Democratic consultant. "It will hurt in rural areas and the West, and you may take some fallout in the black community."
Wading into the gay-marriage issue now poses potential risks and rewards for Mr. Obama among different types of voters who helped him win the White House in 2008.
The move could energize young voters, who support gay marriage by a wide margin—57% of 18- to 34-year-olds in the Journal poll were in favor.
But a major question is how his changed stance will be received by African-American voters, who are central to Mr. Obama's re-election strategy. Support for same-sex marriage had been relatively low among blacks, but views have evolved: The Journal poll showed African-American support for gay marriage rose to 50% in March from 32% in 2009.
Senior administration officials said Wednesday they are unsure whether Mr. Obama's new position would produce a net gain or loss in support, or whether the support and opposition for it would balance each other out.
The marriage issue is likely to resonate in future months, as White House aides said the president will continue to discuss the issue. At the same time, some Democrats are pushing for Mr. Obama to include support for gay marriage as a plank of the party platform when he accepts the nomination at the convention in September. That move has the potential to divide the party.
States that have adopted constitutional bans on gay marriage also include the presidential-election battlegrounds of Wisconsin, Michigan, Virginia and Colorado, as well as Florida and Ohio. But because public opinion is fluid, it is hard to determine how Mr. Obama's view will affect his standing in those states.
—Janet Hook and Valerie Bauerlein contributed to this article.
Obama on Gay Marriage
• 1996, running for Illinois state Senate: "I favor legalizing same-sex marriage."
• 2004, running for U.S. Senate: "Marriage is between a man and a woman.
• 2010, as president: "My feelings are constantly evolving" on gay mar riage.
• 2012, as president: "I think same-sex couples should be able to get married.
Write to Carol E. Lee at email@example.com


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Me My Elos quartz (for Soft) 6K cartridge
The mē Soft disposable lamp cartridge works with the My Elos mē home hair removal devices. The mē Soft provides 120,000 pulses, allowing for painless and effective full-body hair removal with just one cartridge!
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