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Three-phase power analyzer
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subset: commoncrawl


text:
Mfonobong Nsehe, Contributor
I chronicle Africa's success stories and track its richest people
God is good, especially if you're a Nigerian pastor with some business savvy. These days, millions of souls, desperate for financial breakthroughs, miracles and healing, all rush to the church for redemption. And while the bible expressly states that salvation is free, at times it comes with a cost: offerings, tithes, gifts to spiritual leaders, and a directive to buy literature and other products created by men of God.
Pastors are no longer solely interested in getting people to Heaven; they've devised intelligent ways to make good money while reaching out to souls.
Take Pastor Chris Oyakhilome, for example. He is the founder and lead pastor of the Christ Embassy, a thriving congregation with branches in Nigeria, South Africa, London, Canada and the United States. His publishing company, Loveworld Publications, publishes 'Rhapsody of Realities,' a monthly devotional he co-authors with his wife. It sells over 2 million copies every month at $1 apiece. He also owns television stations, newspapers, magazines, a hotel, a fast-food chain, and more.
Many other Nigerian pastors are similarly building multi-million dollar empires from their churches. Today, pastors fly around in private jets, drive fancy cars like Daimlers, Porsches and BMWs, don Rolexes and Patek Phillipes, and own breathtaking mansions all over the world.
After the blog post I wrote in May about Nigerian pastors owning private jets, I was bombarded with emails from readers requesting to know the richest pastors in Nigeria. So I set out to investigate the assets of some of Nigeria's most prominent pastors, and I came up with conservative estimates of their fortunes. I contacted representatives for all of the pastors and all except Matthew Ashimolowo's representative confirmed ownership of the assets I list. Representatives for Pastor Ashimolowo did not respond to my emails.
Bishop David Oyedepo
Affiliation: Living Faith World Outreach Ministry, aka Winners Chapel
Estimated net worth: $150 million
David Oyedepo is Nigeria's wealthiest preacher. Ever since he founded the Living Faith World Outreach Ministry in 1981, it has grown to become one of Africa's largest congregations. The Faith Tabernacle, where he hosts three services every Sunday, is Africa's largest worship center, with a seating capacity of 50,000. Oyedepo owns four private jets and homes in London and the United States. He also owns Dominion Publishing House, a thriving publishing company that publishes all his books (which are often centered on prosperity). He founded and owns Covenant University, one of Nigeria's leading tertiary institutions, and Faith Academy, an elite high school.
Chris Oyakhilome
Church: Believers' Loveworld Ministries, a.k.a Christ Embassy
Estimated net worth: $30 million – $50 million
Last year, the charismatic preacher was at the center of a $35 million money laundering case in which he was accused of siphoning funds from his church to foreign banks. Pastor Chris pleaded no wrongdoing and the case was eventually dismissed. His church, Christ Embassy, boasts more than 40,000 members, several of whom are successful business executives and politicians. Oyakhilome's diversified interests include newspapers, magazines, a local television station, a record label, satellite TV, hotels and extensive real estate. His Loveworld TV Network is the first Christian network to broadcast from Africa to the rest of the world on a 24 hour basis.
Temitope Joshua
Church: Synagogue Church Of All Nations (SCOAN)
Please hear me again i am not against ministers being rich but they should be careful to know that they will render account of their stewardship, riches and things around it will not be taken to heaven.
There is good to be reach, and being a disciple of Jesus christ. You the fund to the benefit of human race or face challenge from the holly ghost. I do not support hunting down pastors, they would account to god for their excesses.
Jesus is aware more than anybody else, who serves faithfully. Pastors collected huge sums of money and prayed fervently for the donors protection against detection of his fraudulent practices. Jesus witnesses. All shall answer to their faithlessness. The work of christ the lord shall continue to flourish, making disciple of people is the requirement a believer.
There is good to be, and being a disciple of Jesus christ. Use the fund to the benefit of human race or face challenge from the holly ghost. I do not support hunting down pastors, they would account to god for their excesses.
Jesus is aware more than anybody else, who serves faithfully. Pastors collected huge sums of money and prayed fervently for the donors protection against detection of his fraudulent practices. Jesus witnesses. All shall answer to their faithlessness. The work of christ the lord shall continue to flourish, making disciple of people is the requirement of a believer.
All crooks why should a pastor be worth 30-50 million, imbeciles, they are just as bad as the politicians, feeding of the poor. People shine your eyes!!!!!
May God continue to enrich His own Servants, empower them to the maximum and restore back all what the devil had stolen from the children of God. Big up my brothers in Nigeria. Professor Solomon Mwenda back home in Africa.
In as much as I dont condone fraud and corruption, I think the writer needed to have done more work to find out what the money these pastors got has been spent on. Life is about wealth redistribution and eternal life is a part of wealth. Money is another and Acts 2: 44 – 47 tells us a good church model where people shared their possessions. You share what you have and you have what you have acquired. Are the estimated worth mentioned in these pastor's bank account? or are they in form of systems they set up to provide jobs, healthcare, water, food, clothing, transport and eternal life? I think these are the analysis we need to make in order to paint the better picture of what's happening. The 'means' and the 'end' must be good, right, legal and Godly. So have we found out if the way they got the money was good, right, legal and Godly? I just thought there should be more work to be done on the publication so people dont get wrong thoughts about the pastors and the body of Christ in general. Thanks.
The Earth ids the Lord's and the fulness thereof; the world and they that dwell there…. if the Earth is the Lord's and the fullness of it, so which means by Father owns everything (all resources of the world, since my father owns everything, then i own everything too… so nothing is wrong with the wealth of our men of God, the bible says the blessing of the Lord maketh rich without adding sorrow to it…. no one has power to make wealth except the Lord blesses him, in Deuteronomy 8v18….. but thou shall remember the Lord thy God: for it is He that giveth thy power to make wealth so that ye might establish His kingdom……. oh glory, so brethren stop criticizing th work of god and don't judge anything before the time….
I read Mfonobong's write up now on the richest Nigerian pastors. First, I have issues with the source of his information. He never mentioned that he spoke with any of the founders of these churches nor did he speak with any of the members of board of trustees. Beyond that, I spent time perusing the various comments canvassed by majority of the emergency self-styled critics of these ministers. I've discovered that the greatest delusion is self-delusion. Three questions instantly beg for answers: Have these men committed a crime against God or against the state or against humanity by being rich? The point is this none of these emergency critics has done 0.0001% of what these men have done for humanity. Do you know how many millions of people would have failed in life, or get killed by some strange sickness, or commit suicide for lack of care, or spend their lives in jails, or get knocked down and totally knocked out by life? I think we should celebrate these men who are constantly in the front line of battle with the kingdom of darkness instead of pulling them down. I've also discovered that small people spend all their lives trying to pull others down. How many of these critics have made impact in their societies? Oh, it's okay for members of Illuminatti to flaunt their wealth. Tell me, the wealthy business man without the patronage of the people would he have ever been rich? These men have paid the price to be where they are today. I see Esau's hand in this scheme to pull down God's servants. Lucifer himself is behind these criticisms. Most of you say what you don't know. If only you knew how much these great men have given to society in so many ways…then you would have begged God for mercy to help you meet one of them for your deliverance. Finally, if you think being a mega pastor is easy, try getting five people to listen to you at least once every week.
mañana montare mi iglesia y con la bendicion de Dios en un año ya sere rico
pero que se vayan a trabajar estos pastores!


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[FIN] (SC) Model Expo 27-28. April 2013, Helsinki
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TI-9827 (Tapio Komulainen)
Rebel Legion Reserve
Joined: 10 Apr 2009
Posts: 660
Location: Finland
Medals: None
Posted: Sun Mar 03, 2013 12:52 am
Post subject: [FIN] (SC) Model Expo 27-28. April 2013, Helsinki
My dear Rebels, Imperials, Droid Builders and Mandos, here it is again: Model Expo Hobby Fair. If you haven´t heard about it before it´s Scandinavia's largest scale models and trade show of hands skills.
Model Expo has been held since 1981.
More than 200 industry exhibitors will present their products and operations.
Part of the event is the industry's companies, associations, museums, clubs, and individual enthusiasts who bring samples of a total of more than 1500 scale models and other delightful and entertaining hobby work.
So there we go...
What does this got to do with us?
Well.. Pretty much actually.
We´ve had a stand in this fair for many years in the row. So trust me, this is a big thing.
There will be at least 3-4 other fairs at the same time and you can access to all of those with the same ticket.
We are talking about around 45 000 - 60 000 guests or so, which most of them are kids. And trust me, they all love Star Wars!
And everything, we can collect money wise, goes straight to UNICEF. There will be collectors on the stand, dressed up
with UNICEF vests, with a money bank and collecting donations.
We are celebrating the 30th Anniversary of Return of the Jedi and that will be the theme for our stand, but all SW costumes are welcome.
What we will offer to you guys for doing this with us is:
-We will provide as many of you as possible a free accommodation with your families in our homes
-We will provide you all the transportation at this end the journey, from the harbor/airport and back, from accommodation to the trooping place and back
-We will provide food at the convention (and to those who are accommodated to local troopers) to you and your family so you don´t have to worry about that.
At Saturday evening we are going to have traditional afterparty at our place.
One thing about the afterparty: It is alcohol free. Because of many reasons.
Recommended arriving date is 26.4. and leaving in 29.4. That´s because event starts Saturday at 9 am and ends in Sunday 6 pm. If you have to arrive at Saturday morning or leave at Sunday evening that can be arranged, but still Friday/Monday are recommended.
Let´s show everybody that what does it mean, when you have four country flags in logos and what can be achieved when all becomes one.
Rebels, Garrison, Droid Builders and Mandos side by side, Nordic people side by side!
We can do this TOGETHER!
If there´s anything you need to know or anything that comes up into your mind, just ask us!
Sign up is in Nordic Garrion forum:
If you can´t see that topic and you wanted to attend let me know.
Sign up expires 5. April midnight Finnish time.
"Space may be the final frontier but it's made in a Hollywood basement" RHCP, Californication
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DL (Johan Hanson)
Joined: 09 Feb 2012
Posts: 137
Location: Stockholm, Sweden
Medals: None
Posted: Mon Apr 08, 2013 2:02 pm
Post subject:
How are you Swedish members travelling to Helsinki?
If you travel from/through Stockholm, I would not mind meeting some of you before you go.
Booyegashaaa! Cloud City Block Style!
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jedimasterbatty (Björn Westin)
Active Legion Member
Joined: 19 Feb 2012
Posts: 217
Location: Stockholm
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Posted: Tue Apr 09, 2013 12:41 am
Post subject:
I'm taking the airplane on 26th. ;-)
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Admrl Snackbar ()
Active Legion Member
Joined: 28 Nov 2010
Posts: 249
Location: capitalships
Medals: None
Posted: Sat Apr 20, 2013 1:30 pm
Post subject:
Only one week till...
--It's a snackbar! Admrl Snackbar on your service--
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DL (Johan Hanson)
Joined: 09 Feb 2012
Posts: 137
Location: Stockholm, Sweden
Medals: None
Posted: Sat Apr 27, 2013 1:37 am
Post subject:
Don't forget to take lots of pictures! Björn told me that there would be a surprise...
Booyegashaaa! Cloud City Block Style!
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Anakin Skywalker ()
Active Legion Member
Joined: 24 May 2009
Posts: 773
Location: Naboo
Medals: None
Posted: Sat Apr 27, 2013 1:57 pm
Post subject:
lots of pictures!
"All who gain power are afraid to lose it."
"The whole thing stank, but our noses had been out in the cold for too long..."
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Admrl Snackbar ()
Active Legion Member
Joined: 28 Nov 2010
Posts: 249
Location: capitalships
Medals: None
Posted: Sun Apr 28, 2013 4:30 pm
Post subject:
It was indeed nice to meet you Rebels today on Model Expo. Sadly I was not able to troop with you as much I wanted. Still my opportunity to shake your hands and see your fantastic costumes was great joy.
Once again NB / NG was more than well represented on Expo. People were really astonished by props and they were huge!!
--It's a snackbar! Admrl Snackbar on your service--
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e_frog (Otso Ollikainen)
Active Legion Member
Joined: 03 Apr 2012
Posts: 10
Medals: None
Posted: Sun Apr 28, 2013 4:33 pm
Post subject:
Thank you to the fellow rebels and especially to Tape. Jar Jar is now safely back at home after roughly 1600km of driving since thursday morning. Had fun, pictures will ensue.
Duct tape is like the Force - it has the light and the dark side and it binds the galaxy together
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GotWookiee (Matt Pfingsten)
Active Legion Member
Joined: 30 Mar 2001
Posts: 3834
Location: Nashville, TN, USA
View more...
Posted: Sun Apr 28, 2013 5:37 pm
Post subject:
Holy Crap! Is that an AT-ST walker in in the background. Are there pics anywhere of these props?
Chewbacca Costuming Resources
Chewbacca Costume Guide (under construction)
Matt Pfingsten - Film & Video Editor
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Obi Anne (Johanna Nybelius)
Active Legion Member
Joined: 23 Nov 2002
Posts: 1302
View more...
Posted: Mon Apr 29, 2013 10:35 am
Post subject:
Both the AT-ST and the speeder bike were incredible, all built by our Finnish members.
All my pics from the Expo can be found
Here's a pic of most of the Endor people taken from the Nordic Garrison FB account.
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Okami Dai ()
Alpine Outpost CO
Joined: 13 Oct 2010
Posts: 1279
Location: Austria
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Posted: Mon Apr 29, 2013 1:22 pm
Post subject:
A really fine bunch of people up there in the north...
Congrats to this event, NB!
Wolfgang Grand / Okami Dai
A-Wing Pilot
Jedi Knight
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Anakin Skywalker ()
Active Legion Member
Joined: 24 May 2009
Posts: 773
Location: Naboo
Medals: None
Posted: Mon Apr 29, 2013 2:17 pm
Post subject:
that is just impressive!
"All who gain power are afraid to lose it."
"The whole thing stank, but our noses had been out in the cold for too long..."
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Admrl Snackbar ()
Active Legion Member
Joined: 28 Nov 2010
Posts: 249
Location: capitalships
Medals: None
Posted: Mon Apr 29, 2013 6:26 pm
Post subject:
Few more pics of set:
--It's a snackbar! Admrl Snackbar on your service--
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jedimasterbatty (Björn Westin)
Active Legion Member
Joined: 19 Feb 2012
Posts: 217
Location: Stockholm
View more...
Posted: Tue Apr 30, 2013 2:55 am
Post subject:
It was really amazing to be able to troop at the ModelExpo and I would like to thank EVERYONE who was there to make this such a great weekend!
More pictures will come!
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anton (Anton)
Active Legion Member
Joined: 08 Jan 2007
Posts: 361
Location: stockholm sweden
Medals: None
Posted: Thu May 02, 2013 8:13 pm
Post subject:
AT-ST build team
I did travel from stockholm to helsinki as often i could to help out and get back some lost sleep
inside joke
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Beating the Odds with Cancer
by Lewis Colson
Learn More
Everyday Black Men
A feature on Black men doing what comes naturally.
Network of Black men stand ready to answer the President's Call?
BMe is a network of inspired Black Men
Black fathers are more involved with their kids
The absence of black dads is a myth
3 generations stand in Love
Who Inspires Shaka Senghor
Marylander of the Year
Benjamin Todd Jealous of the NAACP
CW Detroit features BMe Leader, Eddie Connor
Making a difference by encouraging young males to read with his Boys 2 Books program.
Miami Times Features BMe
Stories of Positive Black Men
Obama Makes West Philly a Promise
A new program aimed at turning around some of the country's poorest neighborhoods
Black men cancer death rate drops
The care gap persists
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Talented and collaborative people wanted
Welcome to BMe
Find out more about our growing community
Check out BMe Brothers
Browse stories of men helping others
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Character Building
Truman Hudson Jr.
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Ray Winans
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BMe is a growing network of inspired black men and their friends from all walks of life who are committed to making all of our communities stronger. Backed by a partnership of leading foundations, including the John S. and James L. Knight Foundation, Open Society Foundations and the
Heinz Endowment.
Learn More...


text:
Having a job is an essential part of most people's lives. When you are in work, you can be faced with many difficult issues, so it is essential to know what your rights are.
Here you can find out more about those rights and how to solve problems. There is also information on what help is available if you're looking for work.
This content applies to Wales
Rights at work
Problems at work
- What to do if there's a problem at work
- Early conciliation - how it works
- Early conciliation - how it affects the time limit for making a claim
- Employment tribunals from 29 July 2013
- Dealing with grievances at work
Work comes to an end
Time off work
- Discrimination at work because of pregnancy or maternity leave
- Age discrimination at work
- Disability discrimination
- Sex discrimination and sexual harassment at work [ 55 KB]
- What can I do if my employer treats me unfairly because of race? [ 140 KB]
- What can I do if my employer treats me unfairly because of sexual orientation? [ 140 KB]


text:
Client Services
West Chester University
21 Anderson Hall
West Chester, PA 19383
Q. What browsers support the UPK Player?
A. The UPK Player can be viewed using Mozilla Firefox, Google Chrome, Safari, and Microsoft Internet Explorer.
Q. If I am using a Macintosh computer, can I view a UPK Player?
A: Yes, the UPK Player can be viewed on a Macintosh OS using Firefox 3.6 or 4.0 (32 bit only) or Safari 4.0 or 5.0.browser.
Q. When I click on a link to launch the Player, nothing happens.
A: The UPK Player opens in a new browser window. If you have a pop-up blocker installed, disable or uninstall it.
Q. What is the difference between the Player and HTML ?
Player - The Player window is the central area from which you can view and find available training modules, sections, and topics. You can then launch a desired topic in any of the three available playback modes -- See It! Try It! and Know It! You can select Print It! to print a topic in PDF format.
HTML - The HTML format lets you click a topic link that lists all the steps for the selected topic. You can choose to click the Start Topic link at the bottom of the page to step through the topic frame by frame, or click the Step # link at the end of a line of instruction text to move immediately to the indicated frame.
Q. What playback modes are available in UPK?
A: There are three different Playback Modes:
See It --This mode enables you to learn by watching an animated demonstration of tasks being performed in a simulated environment. All the required activities, such as moving the mouse and entering data, are completed automatically.
Try It -- This mode enables you to learn interactively in a simulated environment. The Player provides you with instructions as to what needs to be done to complete a task, you performs the actual steps.
Know It -- This mode enables you to test knowledge gained from training. You are instructed to complete the steps for a particular task and you are scored on how accurately you complete the steps. Know It mode is not available on all WCU topics in UPK.
Q. How do I exit a Topic within the Player?
A. To exit a Topic you can hit the ESC key or click the "X" in the right corner of the bubble.
Q. How do I launch the Player?
A. Click a Topic to launch the Player.
Q. How do I return to the UPK homepage?
A. The player opens in a new window or a new tab. Close the window or tab ('X') to return home.
Q. How do I slow down See It! mode?
A. Click the "pause" link inside the bubble to pause the frame.


text:
Patch got the honor of chatting with Olympic bronze medalist and University Place native Adrienne Martelli this week.
Martelli - back in town to visit family, help with homecoming week at Curtis High and catch up after a whirlwind summer - talked about everything from being an Olympian to her final race to her future in rowing.
We'll be bringing you our interview with her in installments.
On Friday, she described the exerience of being in London for the 2012 Summer Games, watching athlets such as Kobe Bryant walk through the lunch room.
Over the weekend, she described the finals race in the quadruple sculls event that made her a bronze medalist at the games.
Today, she shares what her life has been like since winning bronze, as well as whether she plans to compete in the 2016 games. She also has a special message for University Place and Patch. (Yes, specifically for you, Patch users)
(Click on the media gallery to watch both videos)
(Click here to watch the first installment)
(Click here to watch the second installment)


text:
This is a legally binding agreement between Telethrive Inc. DBA Ringadoc.com, a Delaware Corporation ("we," "Ringadoc," or "us") and you, as a user of our Answering Service. By clicking "sign up" or through the continued use of the system, you are undertaking legal obligations and conferring legal rights. Please read this agreement carefully and do not click "sign up" or continue to use the system unless you agree with these terms. You and we are collectively referred to as the "Parties."
- Definitions
For the purposes of this Agreement, the terms set forth in this section have the meanings assigned to them below. Terms not defined below (whether or not capitalized) have the definitions given them in HIPAA, unless the context requires otherwise:
"Authorized Staff" Means those members of your Workforce who are individually authorized by you and us to have access to the System which includes patient messages and information and to whom have been assigned a unique identifier PIN number to access the System
"Confidential Information" means any information concerning our business, financial affairs, current or future products or technology, trade secrets, workforce, customers, or any other information that is traded or designated by us as confidential or proprietary, or would reasonably be viewed as confidential or as having value to our competitors. Confidential Information shall not include information we make publicly available or that becomes known to the general public.
"De-identified Health Information," means health information that has been de-identified in accordance with the provisions of the Privacy Rule and "de-identify," with respect to health information, means make it into De Identified Health Information
"De-Identified Personal Information," means personal information from which a user's name and other unique identifiers have been removed, and from which the user cannot reasonably be identified; and "De-Identify," with respect to Personal Information, means to make it into De-Identified Personal Information.
"HIPAA," means the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including the Privacy Rule and Security Rule
"HITECH Act," means the Technology for Economic and Clinical Health Act of 2009, and regulations promulgated thereunder.
"Personal Information," means information that identifies you personally as a user of the System, and all information concerning you and your use of the System that is not Protected Health Information.
"Policies and Procedures," means our rules, regulations, policies and procedures for access to and use of the System, as changed from time to time and as posted electronically on our website.
"Privacy Rule" means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164 subparts A & E.
"Protected Health Information," has the meaning given it in the Privacy Rule, and includes all individually identifiable health information concerning your patients that you provide to the System.
"Security Rule," means the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR part 160 and part 164, subparts A & C.
"Services" means the services to which you have been granted access care of Ringadoc which may include the Answering Service and other related practice management services provided by Ringadoc.
"System" means the electronic communication network from time to time operated by us, including all hardware provided by us, all software used or provided us and all such hardware and software accessed from your site, and all documentation provided by us in connection with the System.
"Term" means the initial term and all renewal terms of this Agreement as provided in Section 15.
"User" means you and any other user of the System.
"User PIN" means a unique user PIN number assigned to an individual User pursuant to Section 3.7.
"Workforce" means employees, agents and independent contractors.
"Your Health Information" means Protected Health Information that you or your Workforce enter into the System.
"Your Site" means the location you provided us upon registration and such other location or locations as we may approve from time to time.
2. Grant of Right to Use Services
2.1 We grant to you and you accept a non-exclusive, personal, nontransferable limited right to have access to and to use the System, and a non-exclusive, personal nontransferable, limited license to use any computer software furnished by us for access to or use of the System for the purpose of obtaining the Services during the Term subject to your full compliance with the terms and conditions set forth in this Agreement and with our Policies and Procedures. You will not:
(a) use the System for time-sharing, rental or service bureau purposes;
(b) make the System, in whole or in part, available to any other person, entity or
(c) copy, reverse engineer, decompile or disassemble the System, in whole or in part, or otherwise attempt to discover the source code to the software used in the System; or
(d) modify the Services or the System or associated software or combine the Services or the System with any other software or services not provided or approved by us. You will obtain no rights to the System except for the limited rights to use the System expressly granted by this Agreement.
2.2 The System includes certain third-party software and services, which may require that you enter into separate subscription or licensing agreements with third-party vendors. We may also make available optional services provided by third parties. You agree to comply with and upon request to execute, such agreements as may be required for the use of such software or services, and
to comply with the terms of any license or other agreement relating to third-party products included in the System or made accessible to you through the System. Your use of the System or of such third-party products or services will constitute your agreement to be bound by the terms of all licensing, subscription and similar agreements relating to such use.
3. Access to the System
3.1 Verification. You agree that your use of the System is subject to verification by us of your identity and credentials as a health care practitioner, and to your ongoing qualification as such. You agree that we may use and disclose your Personal Information for such purposes, including (without limitation) making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to or use of the System at any time if we are unable at any time to determine or verify your qualifications or credentials.
3.2 Permitted Uses. Subject to the terms of this Agreement you may use Your Health Information for any purpose expressly permitted by applicable law. Ifyou are granted access rights to another user's Protected Health Information through Ringadoc you may use such information for treatment and forobtaining payment for treatment; provided that, except as expressly authorized in our Policies and Procedures, (i) you may access only information pertaining to individuals with whom you have a treatment relationship or for whom a provider who has a treatment relationship with the individual has requested a professional consultation from you, or from whom you have received authorization to use their health information; and (ii) you may use only the minimum necessary information for payment purposes. You agree that you will not access the System or use the Services for any other purposes. ln particular:
184.108.40.206 You will not reproduce, publish or distribute content in connection with the System that infringes any third party's trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right;
18.104.22.168 You will comply with all applicable laws, including laws relating to maintenance of privacy, security and confidentiality of patient and other health information and the prohibition on the use of telecommunications facilities to transmit illegal obscene, threatening, libelous, harassing, or offensive messages, or otherwise unlawful material;
18.104.22.168 You will not: (a) abuse or misuse the System or the Services, including gaining or attempting to gain unauthorized access to the System, or altering or destroying information in the System except in accordance with accepted practices; (b) using the System or Services in a manner that interferes with other
Users' use of the System; or (c) using the System or the Services in any manner that violates our Policies and Procedures
3.4 Safeguards.
3.4.1 You will implement and maintain appropriate administrative, physical and technical safeguards to protect information within the System from access, use or alteration from Your Site or using a User PIN assigned to you or a member of your Workforce. Such safeguards shall comply with federal, state, and local requirements, including the Privacy Rule and the Security Rule, whether or not you are otherwise subject to HIPAA. You will maintain appropriate security with regard to all personnel, systems, and administrative processes used by you or members of your Workforce to transmit, store and process electronic health information through the use of the System.
3.4.2 You will immediately notify us of any breach or suspected breach of the security of the System of which you become aware, or any unauthorized use or disclosure of information within or obtained from the System| and you will take such action to mitigate the breach or suspected breach as we may direct, and will cooperate with us in investigating and mitigating the breach.
3.6 Compliance. You will comply with the terms of this Agreement, our Policies and Procedures and all applicable laws and regulations. You will be solely responsible for the use of the System by you and your Workforce and shall indemnify us and hold us harmless from any claim cost or liability arising from such use, including reasonable attorneys' fees.
3.7 User PIN Identification. We authorize you and your Authorized Staff to use the User PINs assigned to you. You acquire no ownership rights in any User PIN, and User PINs may be revoked or changed at anytime in our sole discretion. You will adopt and maintain reasonable and appropriate security precautions for User PINs to prevent their disclosure to or use by unauthorized persons. Each member of your Authorized Staff shall have and use a unique PIN identifier. You will use your best efforts to ensure that no member of your Workforce uses a User PIN assigned to another person.
3.8 No Third-Party Access. Except as required by law, you will not permit any third party (other than your Authorized Staff) to have access to the System or to use the Services without our prior written agreement. You will promptly notify us of any order or demand for compulsory disclosure of health information if the disclosure requires access to or use of the System. You will cooperate fully with us in connection with any such demand.
3.9 Your Workforce.
3.9.1 You may permit your Authorized Staff to use the System and the Services on your behalf, subject to the terms of this Agreement. You will
220.127.116.11 obtain a unique User PIN from us for each member of your Authorized Staff;
220.127.116.11 train all members of your Authorized Staff in the requirements of this Agreement and the Policies and Procedures relating to their access to and use of the System and the Services, and ensure that they comply with such requirements;
22.214.171.124 take appropriate disciplinary action against any member of your workforce who violates the terms of this Agreement or the Policies and Procedures;
220.127.116.11 ensure that only you and your Authorized Staff access the System
18.104.22.168 immediately notify us of the termination of employment of any member of your Authorized Staff, or of your withdrawal of authorization for any such person to access the System.
3.12 Compliance with Law. Subject to the provisions of section 16, you are solely responsible for ensuring that your use of the System and the Services
(including making health information available through the System) complies with applicable law. You will not undertake or permit any unlawful use of the System, or take any action that would render the operation or use of the System by us or any other User unlawful. We offer no assurance that your use of the System and the Services under the terms of this Agreement will not violate any law or regulation applicable to you.
3.13 Professional Responsibility. You will be solely responsible for the professional and technical services you provide. We make no representations concerning the completeness, accuracy or utility of any information in the System or concerning the qualifications or competence of individuals who placed it there. We have no liability for the consequences to you or your patients of your use of the System or the Services.
3.14 Cooperation. You will cooperate with us in the administration of the System including providing reasonable assistance in evaluating the System
3.15 Indemnification. You agree to indemnify, defend, and hold harmless us and other Users and our and their affiliates, officers, directors, and agents, from and against any claim, cost or liability including reasonable attorneys' fees arising out of: (a) the use of the System by you or your Workforce; (b) any breach by you or your Workforce of any representations, warranties or agreements contained in this Agreement; (c) the actions of any person gaining access to the System under a User PIN assigned to you or a member of your Workforce; (d) the actions of anyone using a User PIN password or other unique identifier assigned to you or any member of your Workforce that adversely affects the System or any information accessed through the System; and (e) your negligent or willful misconduct or that of any member of your Workforce.
4. Use of Information
4.1 Purpose of System. The purpose of the System is to store and manage after-hours communications, messages and data and (i) to make it available to you and your Authorized Staff; (ii) and to communicate with patients as necessary. You authorize us, as your business associate to use and disclose Your Health Information as follows, subject to the recipient's agreement to comply with our Policies and Procedures and with applicable laws and regulations relating to the use and disclosure of health information and subject also to the provisions of section 8
4.1.1 We will permit unrestricted access to Your Health Information to you and your Authorized Staff.
4.1.3 We will permit access to Your Health information by health care providers and their business associates to whom you have consented to provide information to. We will obtain your consent before we make Your Health information available to other providers. You acknowledge that once we have granted access rights to another provider, we have no control over the uses and disclosures that the provider makes of Your Health information.
4.1.4 We may disclose or permit access to Your Health Information to health plans, health care clearinghouses, medical groups, independent practice associations and other parties responsible for payment and their business associates for the purpose of obtaining payment for services you provide, unless you advise us in writing that the patient has paid out of pocket in full for the service to which the Health information relates, and has requested that it not be disclosed to his or her health plan.
4.1.5 We may De-Identify Your Health Information and Your Personal Information, and use and disclose De-Identified information as provided by Section 5 and Section 6.2.
4.1.6 We may create limited data sets from Your Health Information, and disclose them for any purpose for which you may disclose a limited data set; and you hereby authorize us to enter into data use agreements on your behalf for the use of limited data sets in accordance with applicable law and regulation.
4.1.7 We may use Your Health Information in order to prepare analyses and reports, such as activity or quality-metrics reports, or any other reports the System makes available, in order to render these reports to You. Such reporting will be done in a manner that does not make any disclosure of Your Health information that you would not be permitted to make.
4.1.8 We may use Your Health Information for the proper management and administration of the System and our business and to carry out our legal responsibilities. We may also disclose Your Health Information for such purposes if the disclosure is required by law or we obtain reasonable assurances from the recipient that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the recipient, and the recipient notifies us of any instances of which it is aware in which the confidentiality of the information has been breached. Without limiting the foregoing, we may permit access to the system by our contracted system developers under appropriate confidentiality agreements.
4.1.9 We may use Your Health Information to contact your patients on your behalf for any purpose for which you would be permitted to contact them, including without limitation:
(a) For treatment, and/or treatment related electronic notifications
(b) To request authorization on your behalf from your patients to use or disclose their health information for any purpose for which use or disclosure may be made with an appropriate authorization, including marketing purposes. You agree that we may also use and disclose your patient's health information as permitted by any such authorization; and
(c) To provide information about health-related products or services that you provide, or that we provide on your behalf as your business associate.
4.1.10 We may use or disclose Your Health Information for other purposes, as from time to time described in our Policies and Procedures; provided that we will not make or permit any such use or disclosure that would violate applicable law or regulation if made by you or your business associate. Except as provided in subsection 4.1.7 and subsection 4.1.8, and notwithstanding any other provision of this section, we will not use or disclose Your Health Information in any manner that would violate the requirements of the Privacy Rule if done by you.
4.2 Responsibility for Misuse by Other Users. You acknowledge that in granting access to the System for the purposes set forth in section 4.1, we will rely on the assurances of the recipients of the information as to (i) their identity and credentials, (ii) the purposes for which they are accessing the system and
(iii) the nature and extent of the information to which they will have access. You acknowledge that while the System will contain certain technical safeguards against misuse of the System, it will rely to a substantial extent on the representations and undertakings of Users. You agree that we will not be responsible or any unlawful access to or use of Your Health Information by any User resulting from the User`s misrepresentation to us, or breach of the User's user agreement or our Policies and Procedures.
4.3 Specially Protected Information. We apply the standards of the Privacy Rule in permitting access to the System. You acknowledge that other federal and state laws impose additional restrictions on the use and disclosure of certain types of health information, or health information pertaining to certain classes of individuals. You agree that you are solely responsible for ensuring that Your Health Information may properly be disclosed for the purposes set forth in section 4.1, subject only to the restrictions of the Privacy Rule. In particular you will:
4.3.1 not make available through the System any information subject to any restriction on use or disclosure (whether arising from your agreement with the individual or under law), other than the general restrictions contained in the Privacy Rule;
4.3.2 obtain any necessary consents, authorizations or releases from individuals required for making their health information available through the System for the purpose set forth in section 4.1;
4.3.3 include such statements (if any) in your notice of privacy practices as may be required in connection with your use of the System;
4.3.4 not place in the System any information that you know or have reason to believe is false or materially inaccurate.
5. Providing Physician Data to Payers. Without limiting the provisions of Section 6.2, you agree that we may provide De-ldentified Health Information and other information (including Your Personal Information and information concerning your practice to any medical group independent practice association of physicians, health plan or other organization with which you have a contract to provide medical services, or to whose members or enrollees you provide medical services. Such information may identify you but will not identify any individual to whom you provide services. Such information may include (without limitation) aggregate data concerning your patients, diagnoses, procedures, orders and the like.
6. Intellectual Property Rights
6.1 Individually identifiable Health information. Except as provided in Section 6.2 (De-Identified information), you retain all rights with regard to your Protected Health information.
6.2 De-ldentified Information. ln consideration of our provision of the Services, you hereby transfer and assign to us all right, title and interest in and to all De-ldentified Information that we make from Your Health Information or Your Personal Information pursuant to Section 4.1.5. You agree that we may use, disclose, market, license and sell De-ldentified Information for any purpose without restriction, and that you have no interest in such information, or in the proceeds of any sale, license, or other commercialization thereof. You acknowledge that the rights conferred by this section are the principal consideration for the provision of the Services without which we would not enter into this Agreement.
7. Individuals` Rights. You shall be solely responsible for affording individuals their rights with respect to Your Health information, such as the rights of access and amendment. You will not undertake to afford an individual any rights with respect to any information in the System other than Your Health information
8. Business Associate Provisions. maintaining, using and affording access to Your Health Information in accordance with this Agreement we will:
8.1 Not use or further disclose the information except as permitted or required by this Agreement or as required bylaw;
8.2 Use appropriate safeguards to prevent use or disclosure of the information other than as provided for by this Agreement, including administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the information;
8.3 Report to you any use or disclosure of the information not provided for by this Agreement of which we become aware, or any security incident as a result of which we determines that unauthorized access has been obtained to Your Health information;
8.4 Ensure that any of our agents or subcontractors to whom we provide Your Health Information for purposes of assisting us in providing the System or the Services, agrees to the same restrictions and conditions that apply to us with respect to such information including the obligation to implement reasonable and appropriate safeguards to protect it (it being understood that other Users of the System are not our agents or subcontractors);
8.5 Make available protected health information in accordance with Section164.524 of the Privacy Rule;
8.6 Make available protected health information for amendment and incorporate any amendments to protected health information in accordance with
8.7 Make available the information required to provide an accounting of disclosures in accordance with Section 164.528 of the Privacy Rule;
8.8 Make our internal practices, books, and records relating to the use and disclosure of protected health information received from or created or received by us on your behalf available to the Secretary of the United States Department of Health and Human Services for purposes of determining your compliance with the Privacy Rule; and
8.9 At termination of this Agreement we will provide you with a copy of Your Health Information in an electronic form that is accessible through commercially available hardware and software. You may have to purchase such hardware and software from third parties in order to access your data and you may have to configure your systems in order to use your data in your practice. Upon termination we will if feasible, return or destroy all protected health information received from, or created or received by us on your behalf that we still maintain in any form and retain no copies of such information; or, if such return or destruction is not feasible, extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. You acknowledge that you may have to purchase proprietary software in order to access such information.
8.10 HITECH Act. As required by the HITECH Act:
(a) We will comply with the provisions of the HIPAA Security Rule that are made applicable to business associates by section 13401(a) of the HITECH Act, with the additional provisions of the HITECH Act relating to security that are made applicable to business associates and incorporated into business associate contracts by section 13401la) of the HITECH Act and with the additional provisions of the HITECH Act relating to privacy that are made applicable to business associates and incorporated into business associate contracts by section 13404la) of the HITECH Act.
(b) We will report to you the discovery of any breach of unsecured Protected Health Information that we access, maintain, retain, modify, record, store destroy or otherwise hold, use or disclose on your behalf, in compliance with the requirements of Section 13402 of the HITECH and the regulations promulgated thereunder (45 CFR Parts 160 and 164, Subpart D), and we will cooperate reasonably with you to investigate and mitigate any such breach, and to provide you with information you need to make any legally required notification to individuals.
9. Computer Systems
9.1 Your Systems. You will acquire, install, configure and maintain all hardware, software and communications systems necessary to access the System (your "Implementation"). Your Implementation will comply with the specifications from time to time established by us. This may include regular software updates to Ringadoc's mobile applications on your mobile device.You will ensure that your Implementation is compatible with the System and Services. If we notify you that your Implementation is incompatible with the System, you will eliminate the incompatibility, and we may suspend Services to you until you do so.
9.2 Assistance. Upon request, we may provide goods or services in connection with your Implementation. You will pay our then standard charges for such assistance, and our out-of-pocket costs.
10. Third-Party Sites and Service Providers.
10.1 Third-Party Sites. The System may contain hyperlinks (including hyperlinked advertisements) to Internet web sites operated by third parties or to materials or information made available by third parties. Such third parties may offer goods or services for sale to you.
Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites the quality or efficacy of their goods or services, or their information privacy or security practices, and we have no responsibility for information goods or services offered or provided by such third parties or for
the manner in which they conduct their operations. Your use of third-party sites and the materials goods and services offered by them is entirely at your own risk and is subject to the terms of use of the third parties operating or providing them. You should assume that any Internet page or other material that does not bear the Ringadoc logo is provided by a third party.
11. Fees and Charges
11.1 Service Fees. You will pay to us a monthly service fee (the "Service Fee") for the services to which you have access during the Term of this Agreement.
("Miscellaneous Charges"). We will notify you of the Service Fee when you are granted access to a service, and we will notify you of the applicable Miscellaneous Charges before performing services to which a Miscellaneous Charge will apply. The Service Fee and Miscellaneous Charges may change from time to time. Current fees and charges may be obtained by emailing firstname.lastname@example.com
11.2 Payment. The Service Fee and any Miscellaneous Charges shall be paid within twenty (20) days of date of invoice at the address set forth under our name below, or such other address as may be set forth in our Policies and Procedures.
11.3 Late Charges. Fees not paid within ten (10) business days of the due date are subject to a late charge of five percent (5%) of the amount owing and
interest thereafter at the rate of one percent (1%) per month on the outstanding balance, or the highest amount permitted by law whichever is lower. Failure to pay fees within ten (10) days of the due date may result in termination of access to the System without notice. A reconnection fee equal to one (1) month's Service Fee shall be assessed to re-establish connection after termination due to non-payment.
11.4 Taxes. All charges and fees shall be exclusive of all federal, state, municipal, or other government excise sales, use, occupational, or like taxes now in force or enacted in the future, and you agree to pay any tax (excluding taxes on our net income) that we may be required to collect or pay now or at any time in the future and that are imposed upon the sale or delivery of items and services purchased under this Agreement.
11.5 Other Charges. You are responsible for any charges you incur to use the System, such as telephone and equipment charges and fees charged by third-party vendors of products and services.
12.1 You may not disclose our Confidential Information to any other person, and you may not use any Confidential Information except for the purpose of this Agreement. Except as otherwise provided in this Agreement, you may not, without our prior written consent, at any time, during or after the Term of this Agreement directly or indirectly, divulge or disclose Confidential Information for any purpose or use Confidential Information for its own benefit or for the purposes or benefit of any other person. You agree to hold all Confidential Information in strict confidence and to take all measures necessary to prevent unauthorized copying use or disclosure of Confidential Information, and to keep the Confidential Information from falling into the public domain or into the possession of persons not bound to maintain its confidentiality. You will disclose Confidential Information only to members of your Workforce who have a need to use it for the purposes of this Agreement. You will inform all such recipients of the confidential nature of Confidential Information and will instruct them to deal with Confidential Information in accordance with the terms of this Agreement. You will promptly advise us in writing of any improper disclosure, misappropriation or misuse of the Confidential Information by any person, which may come to your attention.
12.2 You agree that we will suffer irreparable harm if you fail to comply with its obligations set forth in this Section 12, and you further agree that monetary damages will be inadequate to compensate us for any such breach. Accordingly, you agree that we will, in addition to any other remedies available to us at law or in equity, be entitled to the issuance of injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond.
12.3 This section 12 will survive the termination or expiration of this Agreement for any reason.
13. Disclaimer, Exclusion of Warranties, and Limitation of Liability
13.1 Carrier Lines. You acknowledge that access to the system will be provided over various facilities and communications lines and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, "carrier lines") owned, maintained, and serviced by third-party carriers, utilities, and internet service providers all of which are beyond our control. We assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while transmitted on carrier lines, or any delay, failure, interruption, interception, loss, transmission or corruption of any data or other attributable to transmission on the carrier lines. Use of the carrier lines is solely at your risk and subject to all applicable local, state, national, and international laws.
13.2 No Warranties. Access to the System and the information contained on the System is provided "as is" and "as available" without any warranty of any kind, expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You are solely responsible for any and all acts or omissions taken or made in reliance on the system or the information in the System, including inaccurate or incomplete information. It is expressly agreed that in no event shall we be liable for any special, indirect, consequential, or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages occurring. We disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the System.
13.3 Conditions for Breach. We will not be deemed to be in violation of this Agreement unless you have first given us written notice specifying the nature of the default, and we have failed within thirty days of receipt of the notice either to cure the default or, if cure within such period is not practicable, to be diligently proceeding to cure the default.
13.4 Other Users. You acknowledge that other users have access to the System and are receiving our services. Such other users have committed to comply with our policies and procedures concerning use of the System; however, the actions of such other users are beyond our control. Accordingly, we do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any user's actions or failures to act.
13.5 Unauthorized Access; Lost or Corrupt Data. We are not responsible for unauthorized access to your data, facilities, or equipment by individuals or entities using the System or for unauthorized access to alteration, theft, corruption, loss or destruction of your data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means. You are solely responsible for validating the accuracy of all output and reports and for protecting your data and programs from loss by implementing appropriate security measures, including routine backup procedures. You hereby waive any damages occasioned by lost or corrupt data, incorrect report, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. We are not responsible for the content of any information transmitted or received through our provision of the services.
13.6 Limitation of Liability. Notwithstanding anything in this Agreement to the contrary, our aggregate liability under this agreement regardless of theory of liability, shall be limited to the aggregate fees actually paid by you under this Agreement for the six (6) month period preceding the event first giving rise to claim.
14. Insurance. You will obtain and maintain such policies of general liability, errors and omissions, and professional liability insurance with reputable insurance companies as is usually carried by persons engaged in your business covering the Term of this Agreement.
15. Term,; Modification; Suspension; Termination
15.1 Term. The initial term of this Agreement shall commence on the Effective Date and continue for a period of one (1) year, and thereafter until terminated as provided in this Section.
15.2 Termination Upon Notice. We or you may terminate this Agreement at any time without cause upon thirty (30) days prior written notice to the other Party.
15.3 Modification. We may update or change the Services and/or the terms set forth in this Agreement from time to time and recommend that you review the Agreement on a regular basis. You understand and agree that our continued use of the Services after the Agreement has been updated or changed constitutes your acceptance of the revised Agreement. Without limiting the foregoing, if we make a change to the Agreement that materially affects your use of the Services, we may post notice or notify you via email or on our website of any such change.
15.4 Termination, Suspension or Amendment as a Result of Government Regulation. Notwithstanding anything to the contrary in this Agreement, we have the right, on notice to you, immediately to terminate, suspend or amend this Agreement, without liability: (a) to comply with nay order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of low, any standard in any reimbursement program, or any accreditation standard; or (c) if performance of any term of this Agreement by either Party would cause it to be in violation of law, or would jeopardize its tax-exempt status
15.5 Judicial or Administrative Procedures; Credentialing. We may terminate this Agreement immediately upon notice to you: (a) if you are named as a defendant in a criminal proceeding for a violation of federal or state law; (b) if a finding or stipulation is made or entered into that you have violated any standard or requirement of federal or state law relating to the privacy or security of health information is made in any administrative or civil proceeding; (c) you are excluded from participation in a federal or state health care program or (d) you cease to be qualified to provide services as a health care professional or we are unable to verify your qualifications as such.
15.6 Suspension of Access. We may suspend access to the System or the Services by you or any member of your Workforce immediately pending your cure of any breach of this Agreement, or in the event we determine in our sole discretion that access to use or of the System by you or the member of your Workforce may jeopardize the System or the confidentiality, privacy, security, integrity or availability of information within the System, or that you or the member of your Workforce has violated or may violate this Agreement or our Policies and Procedures, or has jeopardized or may jeopardize the rights of any third party, or that any person is or may be making unauthorized use of the System with any User PIN assigned to you or a member of your Workforce. We may terminate the access of any member of your Authorized Staff upon termination or change in status of his or her employment with you. Our election to suspend the Services shall not waive or affect our rights to terminate this Agreement as permitted under this Agreement.
15.7 Obligations After Termination. Upon termination of this Agreement, you will cease to use the System and we may terminate your access to the System. You will pay to us the Access Fee for the balance of the Term upon termination. Upon termination for any reason, you will remove all software provided under this Agreement from your computer systems or devices which access our System and you will return to us all hardware, software and documentation provided by or on behalf of us.
16. Applicable Law. The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of the State of California. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively in the City and County of San Francisco, California.
18. Non-Assignability. This Agreement may not be assigned or transferred by you without our prior written consent.
19. Supervising Circumstances. No Party to this Agreement shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations under this Agreement by reason of: (a) severe weather and storms; (b) earthquakes or other natural occurrences; (c) strikes or other labor unrest (d) power failures (e) nuclear or other civil or military emergencies; (f) acts of legislative, judicial, executive, or administrative authorities; or (g) any other circumstances that are not within its reasonable control.
20. Severability Any provision of this Agreement that shall prove to be invalid, void, or illegal, shall in no way affect, impair or invalidate any other provision of this Agreement, and such other provisions shall remain in full force and effect.
21. Notices. Any and all notices required or permitted under this Agreement shall be sent by US mail or fax transmission to the address below. If you supply us with an e-mail address, we may give notice by email message addressed to such address; provided that if we receive notice that the email message was not delivered, we will give the notice by US mail or fax
To us:
611 Mission Street, Suite 600
San Francisco, CA 94105
To you, at the address provided to us when you registered as a user of the System.
22. Waiver. No term of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
23. Complete Understanding. This Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties wit respect to the subject matter of this Agreement other than those contained or referenced in this Agreement. Except as otherwise provided in this Agreement (including Section 15,3) all modifications or amendments to this Agreement shall be in writing and signed by all Parties.
24. No Third-Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall confer, upon any person or entity other than the parties and their respective successors or assigns any rights, remedies, obligations or liabilities whatsoever.
25. Advice of Counsel. Each Party acknowledges: (a) having fully read this Agreement in its entirety; (b) having had full opportunity to study and review this Agreement; (c) having been advised that counsel for us has acted solely on our behalf in connection with the negotiation, preparation and execution of this Agreement; (d) having been advised that all parties have the right to consult and should consult independent counsel respecting their rights and duties under this Agreement; and (e) having had access to all such information as has been requested.
26. Authority. The individuals entering into this Agreement represent and warrant that they are competent and capable of entering into a binding contract, and that they are authorized to enter into this Agreement on behalf of the Parties.


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By STEVE SHWARTS
Herald-Banner Staff
VENUS, Texas —
Goldthwaite's former state champions ended Wolfe City's football season on Friday night, handing the Wolves a 51-7 loss in a Class A Division I area playoff game.
Goldthwaite rushed for 500 yards and eight touchdowns to up its season record to 6-5. The Eagles, who won state titles in 1985, 1993, 1994 and 2009, will advance to the regional round to face either Lindsay or Cayuga.
Wolfe City finished with a 6-6 mark that included a bi-district championship.
The Wolves scored its only touchdown on an 8-yard run by Justin Wilkinson with 7:56 remaining. The Wolves drove 61 yards in just four plays, including a pair of 11-yard runs by Wilkinson and Darrell Wooten plus a big pass interference call against Goldthwaite. Malik Gaffney booted the extra point.
Goldthwaite built a 33-0 halftime lead on the running of Logan Harper, Dakota Perry, Joseph Paddock and Rigo DelaCruz.
Goldthwaite drove 59 yards in six plays to score the game's first touchdown on Harper's 16-yard run. Gaffney of Wolfe City blocked the extra point kick by Brian McCasland.
The Eagles scored on their second possession, marching 80 yards in just two plays. Paddock dashed 77 yards for the touchdown with 3:37 left in the first quarter. A.J. Guerrero ran for the two-point conversion to make it 14-0.
Nathan Thomas of Goldthwaite recovered a Wolfe City fumble at the Wolves' 31 to set up the Eagles' next touchdown. Goldthwaite scored in four plays, including Taylor Stephens' 3-yard run. McCasland's kick upped Goldthwaite's lead to 21-0.
Goldthwaite converted another Wolfe City turnover — a fumble at the Wolves' 35 — into a 10-yard touchdown run by Perry with 10:45 left before the half. The kick failed.
Wolfe City tried a fake punt on fourth and 10 from the Wolves' 34 but Brandon Fisk's pass to Cody Harbin was short of the first down. Goldthwaite then drove 37 yards in four plays, topped off by DelaCruz's 10-yard touchdown run. The kick failed.
Goldthwaite took the first possession of the second half 51 yards in seven plays. DelaCruz powered in from three yards.
Goldthwaite's defense set up the Eagles' next touchdown with a fumble recovery at the Wolfe City 33. This time the Eagles needed six plays to reach paydirt on Paddock's 4-yard run that made it 45-0 with 8:35 remaining.
Goldthwaite scored its final touchdown on Paddock's 48-yard touchdown with 4:17 left.
Wolfe City finished with 147 total yards, including 104 rushing. Wilkinson ran for 44 yards on 10 carries and Fisk added 35 yards on six carries.


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Nickelback Accepts BC Charity Challenge
Chilliwack band Pardon My Striptease, who penned a song for cancer-stricken one-year-old Lilee-Jean Putt, has found a place on the iTunes Rock singles chart just behind province-mates Nickelback and have issued a challenge through local media for the international hitmakers to match funds raised through their charity single, "Pray (For L.J.)". Nickelback has answered the challenge and now calls upon the media to do the same.
"We're moved by the efforts of Pardon My Striptease to raise money for B.C. Children's Hospital and are happy and excited to take part. As such, Nickelback will be donating $50,000 to the BC Children's Hospital and we invite both the Vancouver Province and the Vancouver Sun to each join with us and match our pledge," says Chad Kroeger on behalf of the band. "Being in our own backyard, the story of Lilee-Jean Putt's fight really hit home. We applaud the The Sun and The Province, which have been invaluable in spreading the word and bringing the challenge to our attention and hope they'll demonstrate the same enthusiasm by each matching our donation in this urgently needed and great local cause!"
"But, most importantly," continues Kroeger, "we don't want anyone to lose sight of what this is really about. This is about helping Lilee-Jean Putt and so many other children receiving world class care at our own BC Children's Hospital. We are hopeful others will join us." The song "Pray [for L.J.]" is available now on iTunes and further information on donating can be found at loveforlilee.com.
You Guys are so sweet and awesome. Donate 50 big ones to BC hospital means so much to me. I wish i could help out and make a pledge but ive been saving all my allowance money this year to buying a VIP ticket to meet you guys next time you play in Calgary. You guys might remember me my name is amber. I met you guys last time you came to Calgary. I was the kick ass one in the wheel chair with the check out these perogies shirt. Love you guys!
Nickelback gives so much with their lyrics and music, you make people feel good on a daily basis. Donating to BC Children's Hospital really proves how amazing you guys are! :D Hope your pledge is matched 10 fold. Just can't imagine what it would be like with a child in the hospital fighting for their life. To making a difference!......Can't wait to see you all in concert!! Ready and waiting to be rocked.


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For a while it seemed like there were as many theories to what was behind the mysterious Are You 23? buzz campaign as there were people theorizing. Everything from the Walt Disney Company being founded in 1923 to Pixar's 23rd birthday to 23 films being released from the vault on the fateful day (possibly all on BluRay) to some special club akin to Disneyland's Club 33 and then some. Now the buzz all seems to be focusing on some semi-exclusive online club in which members get first access to various news, events and merchandise for a 'modest' annual fee. Only March 10 will know for sure, but until then, photos of these D23 pins have been making the rounds as of late.
Final Star Wars Big Figs Announced
StarWars.com has published photos of and information on the final four Star Wars Big Figs due for release the second week of June. They will retail for $195 each and be limited to 600 pieces each, with 500 going to Disney's Hollywood Studios and 100 going to Disneyland.
Disney's ESPN Faces Rising Rights Fees: Report
(Reuters) – Walt Disney Co's ESPN cable sports network, which has broadcasting deals for events ranging from the National Football League to Nascar, is facing higher costs while renewing some of the contracts amid falling advertising revenue, the Wall Street Journal said on Monday. Continue reading…
Disneyland Ticket Booths Shut Down Due to White Powder Threat
The OC Register reported that cleaning crews called in reports of a suspicious white powder was found on some ticket booths early Sunday morning. Guests who had already entered the parks were allowed to remain but the booths were shut down until the powder could be tested and confirmed harmless.
Earn a Sea Plus With The Little Mermaid's Sierra Boggess
A Class Act NY will be hosting a special class for children ages 7-16 in Manhattan on April 5. Instructors will be Sierra Boggess (who portrays Ariel in the Broadway production) and a casting director from Tara Rubin Casting, who cast the show. Registration, which can be done on A Class Act NY's website, is $150. Continue reading…
Russia Says Nyet to Hannah Montana
MOSCOW/LOS ANGELES, Feb 20 (Reuters) – Russia's anti-monopoly agency on Friday blocked Walt Disney's (DIS.N) local venture, derailing the media giant's plan to create a free-to-air channel for Russian families, local media reported. Continue reading…
AKL Welcomes Baby Ruppell's Griffon Vulture
Disney's Animal Kingdom Lodge recently welcomed a new "resident" – a Ruppell's Griffon Vulture hatchling that is a member of a threatened species. While weighing less than six ounces and about eight inches long when hatched, a vulture could grow to reach sizes close to three feet in height, with a wingspan of nearly eight feet, and can weigh 15-20 pounds. The baby and its parents reside on one of the unique resort's savannas at Walt Disney World Resort.
Star Wars Weekend Screensaver Download Fixed
I apologize for the inconvenience some of you have reported in regards to downloading the free Star Wars Weekends screensaver, but I appreciate you bringing to my attention. The download ceased working when I switched to a newer version of the forum software, but I've gone ahead and made the edits to the code so it should be working now.
Meet ABC Daytime Stars in New York City March 10
While the ladies of the View are off schmoozing in Lala Land, their set in New York will be invaded on March 10 by many of ABC Daytime's stars as part of the Broadway Cares event.
So for those of you who are missing the ABC Super Soap Weekend already, Continue reading…
Lion King Las Vegas Tickets on Sale Feb 28 – Free Gifts
According to the Las Vegas Review Journal, tickets for the Lion King Las Vegas will go on sale February 28 beginning at 7 am at the Mandalay Bay Box office and until 10 am (or supplies are exhausted), ticket buyers will receive free gifts. The first 100 buyers will receive a complimentary original cast recording CD of the musical while the first buyer will also get signed copies of The Lion King: Pride Rock on Broadway and Disney Theatrical president Thomas Schumacher's How Does the Show Go On? There will be an additional gift available to all while supplies last.


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By Jim Henry
Globe Sports Editor
Marquis Addison admits he didn't come to Missouri Southern and expect become a major scorer.
"I had no idea what to expect, to be honest," he said. "I didn't know if I would fit in my freshman year, if I would have to sit a couple of years being as scrawny as I am (6-foot-4, 180 pounds). The guys showed me the ropes and really helped my confidence coming in here, letting me know I was a player and telling me what to do. I just followed their lead."
Addison, from Olathe South High School, became the 18th member of the Lions' 1,000-point club Saturday night when he scored 20 points during a 93-81 home victory over Central Missouri. He reached the milestone on a free throw with 3:10 remaining.
"I wasn't much of a scorer in high school," he said. "I averaged about 13, 14 points a game, but it was a real slow-paced game. I still scored a high percentage of our team's points. We just didn't score a lot.
"Transitioning to here, it felt great. We're an up-and-down team. We had 93 points (Saturday night), 100 the other night (against Southwest Baptist). It's fun for me to get out and run and have a lot of energy. We have to keep the stamina going and keep the streak going."
Addison collected 46 points, 16 rebounds, 13 assists and six steals in last week's two victories. He was named MIAA men's basketball player of the week on Monday, it was announced by the league office.
Addison's preseason work before his freshman year caught the eyes of the Lion coaching staff and earned him a spot immediately in the starting lineup.
"When we recruited him, we really thought he would probably back up Jason (Adams) his freshman year," Lions head coach Robert Corn said. "But it didn't take us long to realize that kid was going to be on the floor because he did so many things. His defensive awareness at that young age was really good. He had been very well taught in high school. Because of his coaching in high school, he came in not just a freshman. He was farther along than a lot of guys."
During his first two seasons, Addison filled a supporting role while playing with three 1,000-point scorers — Skyler Bowlin for one year and Jason Adams and Keane Thomann for two seasons.
"This could have happened sooner maybe if I didn't play with them," Addison said with a laugh. "Those guys showed me the ropes. They showed me the way, showed me how to lift weights, showed me how to get in the gym extra time, showed me how to be a leader."
"He did a great job of accepting his role," Corn said. "He just fit in. He knew when crunch time came, it was going to go to those guys. He knew why he was on the floor, and he did a nice job of taking advantage of those opportunities that year. It wasn't a situation where we had to have him get 10 to 12 points every night. If he got 15 one night and five the next, we were fine because we had three other guys who were getting the bulk of the scoring."
"The great players who have come through here, it's an honor obviously just to be in that conversation," Addison said. "One day hopefully I'll have my plaque on the wall in the locker room. It's such an honor and such a rich tradition here. ... I'm so blessed to have this opportunity."
Missouri Southern records
Men's Basketball 1,000-Point Club
Player, Years G Pts Avg.
1. Greg Garton, 1982-86 116 2,140 18.4
2. Jason Adams, 2008-12 120 1,897 16.5
3. Carl Tyler, 1980-84 120 1,902 15.9
4. John Thomas, 1969-73 112 1,770 15.8
5. Skyler Bowlin, 2007-11 118 1,664 14.1
6. Keane Thomann, 2008-12 117 1,523 13.0
7. Chris Tucker, 1990-94 111 1,520 13.7
8. Matt Olson, 1995-99 105 1,404 13.4
9. Terry Shumpert, 1998-2002 117 1,379 11.8
10. Russell Bland, 1976-78 65 1,271 19.6
11. Hiram Ocasio, 2001-05 117 1,168 10.0
12. Marvin Townsend, 1985-87 64 1,167 18.2
13. Mario Phillips, 1995-99 106 1,109 10.5
14. Eddin Santiago, 1998-2002 117 1,108 9.5
15. Carlos Escalera, 1999-2001 61 1,104 18.1
16. Kenny Simpson, 1990-92 57 1,097 19.2
17. Chris Tuggle, 1985-87 63 1,072 17.0
18. Marquis Addison, 2010-pres. 82 1,005 12.3


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There are talks that TNA will be taking the tag team championship from Robbie E and Jessie Godderz soon. The feud involving Christopher Daniels, Frankie Kazarian, Eddie Edwards and Davey Richards is supposed to take center stage, and the belts will more than likely be used in that program.
TNA had originally planned on giving Davey Richards and Eddie Edwards an immediate championship push, but management opted against taking the belts away from Robbie E and Jesse Godderz, so the American Wolves will be working with Christopher Daniels and Frankie Kazarian instead.
Frankie Kazarian and Christopher Daniels have grown to become highly entertaining role players on Impact Wrestling, but that could be coming to an end soon, as their contracts with TNA are expiring in April of 2014. Some believe that they could both become cost cutting casualties.
Wrestle-1, the new promotion founded by the Great Muta, is about to get an influx of talent from TNA for an upcoming live event in March. Austin Aries, Abyss, Bobby Roode, Brutus Magnus, Christopher Daniels, Davey Richards, Eddie Edwards, Frankie Kazarian, Gail Kim, Madison Rayne and Samoa Joe have been confirmed for the trip.
Since Christopher Daniels and Frankie Kazarian have wrestled all over the world, it makes sense for them to have friends overseas. Bad Influence is currently in Europe right now, and they decided to meet up with Prince Devitt for a couple of drinks.
"Same thing. I always had good experiences with Hulk. I had opportunities to be on camera with him and in the ring with him and I felt like he definitely wanted the best out of all of us. If he comes back, that'd be great, but if not, I understand. He's got his career that he still sort of wants to do and creative things he still wants to do in his life before he completely gets out of wrestling. Whatever's best for him, I wish him good luck."
"I never had anything but good experiences with Eric. He was always a straight shooter with us, especially with Bad Influence. He was a big supporter of our act and I could always go to him with ideas and get an honest response from him. So I hope that he comes back and does stuff, and if he doesn't, I'm sure that wherever he ends up, he's going to end up being successful. But personally, selfishly speaking, I had fun working with him and I hope that he gets a chance to come back and sort of, continue adding his two cents to our creative direction."


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Late in June when most of us were thinking about fireworks, barbeques and water sports, Cisco Systems Inc. made an interesting acquisition. The networking giant picked up Actona Technologies Inc. of Los Gatos, CA, a developer of wide area file-transfer software, for approximately $82 million. The storage buzz volume immediately increased, as everyone wanted to understand what Cisco was up to. Did this acquisition mean that Cisco was jumping into storage with both feet?
Not quite. Cisco did this deal because it viewed Actona's technology as a key piece of its Full-Service Branch (FSB) strategy. FSB tightly links a series of branch office products and services back to the enterprise. Actona's ActaStor is distributed file service software that integrates remote file shares with centralized data repositories. The product gives remote and branch office users the performance and feel of local access to file data. In other words, the Cisco/Actona marriage can provide companies with centralized control of remote offices for storage capacity, file transfer and backup services--a pretty compelling package.
Why focus on the branch office? After all, the big bucks are in the data center, right? Yes, data center budgets can be in the multimillion dollar range, but remote office storage is a burgeoning market. Remote offices feature:
- Many distributed locations. While data centers need a lot of storage
- in a central location, remote offices need relatively little storage in many locations. It's not the least bit unusual for large companies to have dozens of remote offices to service.
- Limited skills. Data centers have brainiac storage guys who are up on the latest technologies, vendors and methodologies. Large remote offices may have a few IT generalists responsible for telecommunications, storage and desktop support, but smaller remote offices may not have any IT expertise at all. At those offices, storage tasks may end up in the job description of an IT-challenged business administrator.
- Lack of processes. Data center operations tend to be pretty organized and diligent. Remote office IT processes are often the exact opposite. Unskilled workers hack their way through storage administration, which is often the lowest priority on their to-do lists.
For years, these problems were recognized, but mostly ignored. With other high-priority storage issues at hand, companies invested in the data center while remote offices were nearly ignored.
This was first published in October 2004