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This Agreement, the uShip Privacy Policy, and all policies posted on our uShip.com domain, sub-domains, other uShip Powered sites, the uShip mobile applications, any available uShip APIs, any specific uShip PRO applications, and all other related services, applications and tools (collectively "Services") describe the terms and conditions with which uShip offers You, a registered user, (also referred to as "member", or "uShip member") access to and use of our Services. When You accept the terms and conditions of this Agreement, You hereby agree and acknowledge that at anytime and in our sole discretion, we may effectively modify the terms and conditions of this Agreement by posting the modified Agreement with its new terms and conditions on the uShip website. uShip will make a good faith effort to notify all active, registered users of material changes made to this Agreement and the date in which such changes take effect. Notice of such changes will be posted to the uShip blog and in some cases a notice will be emailed to You directly. All modified terms and conditions shall take effect immediately after posting to the uShip website, or upon the stated date included within the announcement. You agree and consent to any and all modified terms and conditions hereunder. This Agreement may not be modified, amended, and/or changed by You in any manner. Furthermore, You agree that we may modify this Agreement or discontinue our Services at anytime and without notice and without any liability or responsibility to You. This Agreement is effective on September 17th, 2003 for all users.
The legal entity You are entering into this Agreement with is uShip, Inc., 205 E Riverside Dr, Austin, TX, 78704, if you reside in the United States. If you reside anywhere outside of the United States then the entity in which You are legally entering into this Agreement with is uShip, Zekeringstraat 21B, 1014 BM, Amsterdam, NL.
1. License and Acceptable Use. The uShip Services contain copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or applications and code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of our Services including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of the uShip Services does not confer upon You any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
uShip grants to you a non-exclusive, non-transferable (except as permitted below), world-wide, limited license to make use of the uShip Services to which You utilize. This license does not include any resale of uShip Services, or its contents; any collection and use of any shipment listings, descriptions, or prices; any derivative use of any uShip Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in this User Agreement are reserved and retained by uShip or its licensors, suppliers, users, rightsholders, or other content providers. No uShip Service, nor any part of any uShip Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of uShip. You may not misuse the uShip Services. You may use the uShip Services only as permitted by law.
2. Definitions.
Shipper. A person or company that arranges to have goods shipped on their own behalf by any type of conveyance. The shipper might be the consignee (recipient of the shipment) or the consignor (sender of the shipment), or a 3rd party that is neither. On uShip shippers may be referred to as the "Shipping Customer" or "Customer".
Transportation Service Provider (TSP). Any party, person, agent or carrier that provides freight (or passenger) transportation and related services to a shipper or agency. For the transportation of goods, this includes carriers, brokers, freight forwarder, and third party logistics providers.
Carrier. A person or company who provides transportation of goods (or passengers) for compensation.
Broker. A person who, for compensation, arranges, or offers to arrange, the transportation of goods by an authorized motor carrier. Motor carriers, or persons who are employees or bona fide agents of carriers, are not brokers within the meaning of this definition when they arrange or offer to arrange the transportation of shipments which they are authorized to transport and which they have accepted and legally bound themselves to transport.
3. uShip is a Neutral Venue and Digital Clearinghouse. uShip is not a Transportation Service Provider or Shipper. Our website acts as a venue where shippers and TSPs can interact and enter into agreements. uShip is not a party to any shipping agreement made between uShip members via the uShip software platform. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. uShip does not prequalify or validate the claims of TSPs including with respect to their licensure, insurance and registration, nor does uShip prequalify or validate the claims of brokers including those related to compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). uShip does not endorse, recommend or refer any specific TSP or shipper, nor does uShip have any control or influence over actions or decisions made by users of the service. All users of the uShip platform make their own decisions and You acknowledge and agree that we are not in any way arranging transportation services on your behalf. Because we are not involved in the actual transaction between shippers and TSPs, we have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of shippers to send items. We cannot ensure the shipper or TSP will actually complete a shipment. We cannot and do not guarantee the ability of members to complete or fulfill any services booked through the uShip platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any member's identity. Any identity verification methods we employ are strictly on a best efforts basis and should not be solely relied upon by our members. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations, made with regard to the arrangement of transportation services are not provided by us and are specifically and solely between You and the other member.
4. Membership. You agree that You can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended uShip members. You acknowledge that You are at least 18 years of age. Minors may only use our Services in conjunction with their parents or guardians. Your uShip membership may not be transferred or sold to another party. If You are registering as a business entity, you represent that You have the authority to bind the entity to this agreement. Members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the uShip Services are for transportation services only and that work that You provide will only involve transportation services. You agree that You will not use your participation in the uShip website as a means to sell or market any types of goods or products, unless specifically allowed by uShip.
5. Shippers. You are responsible for reading all terms, conditions and tariffs published by TSPs, and when booking shipments on uShip. You are agreeing to the TSPs terms, conditions and tariffs, and entering into a legally binding agreement with the TSP, unless the transaction is prohibited by law or by this Agreement. You acknowledge that, unless otherwise noted by the TSP, pick-up dates, delivery dates and transit times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered (see Section 11 additional details). A TSP reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. IMPORTANT: uShip does not screen or qualify TSPs for compliance with federal, state or local laws and regulations, including but not limited to broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). It is recommended that You confirm such compliance directly with the TSP before services are rendered by the TSP.
6. Transportation Service Providers. You must legally be able to transport the shipments You book through uShip. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements TSPs agree that through the various products and features on uShip that they are solely responsible for all aspects of services, pricing and terms they offer the shipper. Rates, services and terms are solely provided by the TSPs and not by uShip. You understand and acknowledge that all shipment information is provided by other registered users and uShip has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the shipment details and by booking shipments on uShip you are entering into a legally binding agreement to complete the services as requested by the shipper.
7. Payments. As a part of the uShip service members can make payments to one another in cases where uShip Payments is available. uShip Payments is not an escrow service and each individual member is solely in control of payments made through uShip. uShip has no control over the payments between members or the release of funds.
Shippers may be given up to three payment options at the time of booking with a TSP:
a) Full Pre-funded Payment: The shipper pre-funds their uShip account with the total shipping price. In some cases the shipper is presented with a payment code and in some cases the payment is automatically released according to the agreed upon terms.
For shipments with a payment code, when delivery is completed the customer can release payment from their account or give the payment code directly to the TSP, which is the equivalent of making a non-reversible cash payment. TSPs can only ask for the payment code after the load is delivered when being paid through uShip Payments (exception: shipments of live animals may require payment at pick-up). The shipper agrees that they will release the payment code to the TSP upon delivery of the shipment regardless of damages, delays or any other service level issue that might have occurred during transit. uShip will make commercially reasonable efforts to ensure proper disposition of funds among shippers and TSPs. 365 days after the date of booking, if commercially reasonable efforts do not result in disbursement of funds, the funds associated with the transaction(s) in question become property of uShip. If a shipper refuses to release the payment code, uShip cannot release payment without the shipper's consent under any circumstance. It is the responsibility of both the TSP and shipper to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of uShip.
For pre-funded shipments without a payment code, You authorize uShip to release payment in accordance with the TSP's payment terms. The funds are made available for withdrawal by the TSP's uShip account when the payment is released or the code is submitted.
b) uShip Booking Deposit: Shippers pay a deposit in the amount of the TSP's transaction fee (see Section 9.a.3) to the TSP through uShip. This deposit is credited to the TSP's uShip account. The deposit amount is then deducted from the booked shipping price and the shipper pays the remaining balance directly to the TSP at the agreed upon time. This fee is non-refundable in the event of a completed shipment.
c) Payment on Terms: Some TSPs may offer some shippers the option to pay for their shipments on terms. Paying on terms allows shippers to pay for their shipment at a pre-specified duration after delivery. Shippers authorize uShip to automatically initiate payments to TSPs at the pre-specified time after delivery via the shipper's primary payment method. If the primary and secondary payment methods fail and the TSP does not receive payment then the shipper may be subject to late payment fees assessed by the TSP. If the TSP is unable to collect through uShip then a 3rd party collection agency may be utilized to recover payment.
Payment on Terms Guarantee: The uShip Payment on Terms Guarantee automatically credits the eligible TSP's uShip account in the event that a shipper's payment fails. These Guarantee funds come from and are paid by uShip and not the shipper. The shipper still owes the TSP for the shipment and the shipment remains unpaid until the funds are collected. When late payments are recovered the uShip Payment on Terms Guarantee funds are debited back from the TSP's uShip account.
d) uShip Fast Cash: The uShip Fast Cash program gives eligible TSPs the option to debit funds from uShip that are later paid back to uShip by using future credits that are made to your account. Funds debited from uShip under this program are paid by uShip and are not related to any specific shipment. Eligibility for withdrawal limits of Fast Cash is based upon a variety of factors and subject to change at any time.
e) Chargebacks and Reversed Payments: In the event that a shipper successfully charges back a credit or debit card payment or reverses any other payment type, then uShip will reverse the payment within the shipper and TSPs accounts and the shipment would then be treated as unpaid. If the TSP has already withdrawn funds then this may result in an overdrawn account and will be subject to collections per Section 9.e.4.
Unwarranted chargebacks or payment reversals initiated by uShip members are prohibited and will result in the suspension of your uShip account, and may result in uShip pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a 3rd party collections agency. In the event that shipping services were not performed, all members must abide by the uShip cancellation policy described in Section 11. The uShip cancellation process ensures the integrity of the feedback system and accuracy of any refund.
There are situations where a chargeback may be warranted, such as when a member feels that their card or payment method has been charged fraudulently. Prior to any chargeback initiation, uShip must be notified by the card holder so that uShip may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of a uShip transaction.
If an unwarranted chargeback of the shipper's payment is initiated and accepted by the payment processor or other entity, uShip reserves the right to charge the TSP for any costs associated with the chargeback. If a chargeback is accepted, the TSP becomes responsible for that invoiceable amount.
8. Pricing and Price Changes. uShip does not set or control prices offered by shippers or TSPs. Quotes and offers shippers receive from TSPs are required to be all-inclusive based on the information shippers provide; however if the actual shipment characteristics are materially different than specified by the shipper and result in changes such as but not limited to equipment required, accessorial services required, all duties, customs assessments, governmental penalties and fines, taxes, and legal costs allocable to shipments, then TSPs may invoice a different amount than the original quote. For the Less-than-Truckload (LTL) Published Rate format only, fuel surcharges shown at the time of booking are those that are in effect at the time of booking and are subject to change depending on the fuel surcharge rate effective on the actual pick-up date. In the event the shipper does not list commodity classification (class), then the density of the shipment will be calculated and converted to class based on conversion chart per the National Motor Freight Classification Guide. Shippers will be notified of any price changes or new fees that are requested through uShip and uShip will charge the shipper's payment method on file within 48 hours. In the event that a shipment is re-rated and the resulting amount due is less than the amount initially quoted and paid through uShip Payments, a uShip account credit equal to the difference between the amount initially paid and the adjusted invoice amount will be applied to the Shipper's uShip account. Credits may be applied toward booking any other shipment within one year of the date of issuance, otherwise they will expire. Shippers should contact member support regarding refund requests, questions or concerns about their uShip account credits.
9. Fees. You are solely responsible for paying all fees incurred by any users of your account as well as all applicable taxes. Some features on uShip require a payment method to be on file with uShip. You authorize uShip to charge any applicable fees to the payment method(s) You provide to us. uShip reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on the uShip website.
a) Basic Accounts Fees. There are no registration or subscription fees for basic shipper (personal or business), broker or carrier accounts.
b) PRO Accounts Fees. As a user of uShip PRO you are subject to subscription and transaction fees that are set forth in the uShip PRO Fee Schedule and may be discounted from time to time for special promotional programs. The features and functionality of each version or service level may be changed from time to time at uShip's discretion. If you subscribe to use a paid version of the uShip PRO service on a free-trial basis and you do not cancel the trial before the expiration then, upon the expiration of the trial period, your account will be automatically converted to a paid account and your primary payment method will be billed. Unless stated to the contrary, all charges for paid versions of the uShip PRO Commercial Service are non-refundable, even if your use of the paid version of the uShip Service is canceled before the end of your current billing period.
c) uShip Payments and Withdrawal Fees. (Refer to Section 7 for full uShip Payment program details)
d) TSP Fast Cash Fees. TSPs using the optional Fast Cash program (refer to Section 7.d) are subject to a non-refundable fee of $1.00 for every increment of $20.00 withdrawn, which will be assessed at the time in which the TSP receives the Fast Cash in their uShip account.
e) Penalty Fees.
10. Authorization to Credit and Debit Accounts. As a shipper or TSP, You irrevocably and expressly authorize uShip to credit any monies to the account that You have identified for uShip. You agree that it is your responsibility to maintain a valid, credit card or bank account on file with us while engaging in activity with the uShip Services. You agree that if You do not maintain a valid, credit card or bank account on file with us during any billing attempt, You may be subject to interest and penalties per Section 9.e.4. You expressly authorize uShip to withhold any monies and/or debit any monies from any account that You have identified to uShip for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to uShip. We reserve our rights to all actions and remedies in connection with any monies owed to uShip.
11. Match Cancellations and Account Credits. A cancellation may be requested by either party after a shipment is booked on uShip but before any services are performed. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on uShip will not be performed. When You request a cancellation, the other party will be notified and will have 72 hours to respond by either:
If your request for cancellation is accepted by the other party, the match will be canceled and the shipment can either be relisted or deleted. If your cancellation request is disputed by the other member, then the request will be sent to uShip and a determination will be made on allowing or not allowing the cancellation. If the other party does not respond within the 72 hour period, the cancellation and reason will be automatically accepted.
a) Refunds and Credits. The shipper deposit and/or the shipper Service Charge will be applied as a credit to the shipper's uShip account for all canceled shipments booked using the Booking Deposit payment method. An automatic refund for the 90% booked shipment price and a credit equal to the shipper Service Charge plus 10% of the booked shipment price will be issued for all canceled uShip Payments transactions paid by PayPal or Credit Card. In the event of a cancellation before the payment code has been released, You will receive a credit equal to your shipper Service Charge plus 10% of the booked shipment price. Credits may be applied toward booking the same or any other shipment within one year of the original cancellation date. The remaining 90% of the booked shipment price will be refunded in full. A full refund of the booked shipment price and shipper Service Charge will be issued for all canceled uShip Payments transactions paid by a bank account. A refund can only be given if the uShip Payments payment code has not been released to the TSP.
b) Excessive Cancellations. Every TSP is allowed 1 cancellation for every 10 booked shipments without penalty, with your total booked shipments always rounded up to the nearest 10. Each cancellation above this allowance is considered to be excessive, and TSPs that have excessive cancellations at the time a bid placed or offer is accepted will have a variable surcharge added to their transaction fee. The cancellation rate is equal to the total number of cancellations divided by the total number of matches, minus any special cases. The TSP's transaction fee will incur an excess cancellation surcharge (see section 9.e.1) based on the TSP's previous 12 month cancellation rate on uShip. Cancellations do not affect the overall feedback score or the % positive. Excessive cancellations will be displayed in the TSP's profile. If a Brokered Load is automatically canceled because the shipper to broker transaction has been canceled, the cancellation will not be posted on the carrier's profile or count as an excessive cancellation.
12. Mobile Application Usage. When using the Services on a mobile device and/or the uShip mobile application, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) use your good personal judgment while driving, (iii) not interact with the app, unless your vehicle is stationary and legally parked; (iv) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.
uShip does not warrant that the mobile application will be compatible or interoperable with your mobile device or any other piece of hardware, software or equipment. Furthermore you acknowledge that compatibility and interpretability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, and corruption of the software of and files located on your mobile device, and uShip shall have no liability should these problems arise. You assume all responsibility and risk for the use of the uShip Services and mobile applications.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct application for your device. uShip is not liable if you do not have a compatible mobile device or if you download the wrong version of the application for your mobile device. uShip reserves the right to terminate the Service and the use of the application should you be using the Service or application with an incompatible or unauthorized device. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the application or Service.
13. Bills of Lading. For certain shipments and for the convenience of the parties, uShip generates an electronic and printable bill of lading utilizing the booking information provided by both parties for your use in tendering the shipment. The bill of lading issued in connection with each shipment is non-negotiable and shall be deemed, conclusively, to have been prepared by You, the shipper. The parties agree that uShip does not issue the bill of lading and that uShip is not a party to the bill of lading. For certain TSPs, a failure by the shipper to provide the bill of lading generated via uShip to the selected TSP may result in the loss of the quoted rate. If the shipper makes changes to a shipment after booking, then the shipper is required to either make changes to the bill of lading or cancel the shipment and rebook with current information. TSPs shall have no obligation to honor rate quotes in any of the following instances: any alteration of the bill of lading, or tendering of shipments to any carrier other than the selected TSP, or the use of a bill of lading not generated via the uShip platform. These terms and conditions apply when using the Standard Bill of Lading available on uShip: Standard Bill of Lading Terms and Conditions.
14. Carrier Cargo Claims and Carrier Limitations of Liability. As a neutral venue, uShip does not set terms specific to carrier cargo liability. Except where otherwise provided by the carrier via the uShip platform, the carrier liability for any cargo damage, loss, or theft from any cause shall be determined under the presiding, applicable law. All cargo claims should be submitted immediately by the shipper to the selected TSP to help ensure timely resolution, and uShip shall have no liability or responsibility for same. The shipper may not offset freight or other charges against claims for any loss, damage, mis-delivery, or non-delivery. Where provided by the carrier through uShip, the liability for cargo loss offered will be determined by individual carrier's governing General Rules Tariff or terms and conditions in effect at the time of shipment. If a shipment contains freight with a pre-determined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability for cargo loss. The maximum amount that a shipper may recover on a cargo claim will be that which is recoverable under the carrier's published liability limits and/or tariffs. The shipper agrees that by booking a shipment on uShip they have been afforded a choice of reasonable liability rates for the protection of all freight shipped, and has voluntarily chosen the released rates and limits published by carriers through the platform.
15. uShip Cargo Insurance. On certain shipments shippers may have the option to purchase the uShip Cargo Insurance coverage offered by Lloyd's of London through Roanoke and McGriff, Seibels & Williams. By accepting and/or purchasing uShip Cargo Insurance during the booking process, You agree to the terms and conditions under the uShip Cargo Insurance Policy, acknowledge that You understand certain policy restrictions apply including policy claim limits, exclusions on certain commodities and exclusions on shipments entering/leaving certain countries, and agree that uShip Cargo Insurance may be included in the total price at the time of booking. You further acknowledge that, if You do not opt out of uShip Cargo Insurance, You give us the permission to submit any necessary information You provide us to the third party insurance provider. You further agree to follow the insurance claims process detailed in the policy and acknowledge that uShip cargo insurance, if purchased, is non-refundable except in the case of a completed cancellation. uShip has no responsibility, liability or involvement in the issue of insurance, the denial of insurance, or in the payment of claims. Summary of policy details can be found here: uShip Cargo Insurance Policy Summary
16. Information You Submit. You solely are responsible for any information You provide to us or other users in the registration, shipping, transportation process, or any other use of our Services. Your personal information and any shipment listings must be true, legal, accurate, and non-fraudulent. You authorize uShip to use the information You supply to us in connection with our Services and in accordance with this Agreement. You acknowledge and agree that our Services act as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that You may post to the uShip Services that is in violation of this Agreement, illegal, threatening, or lewd. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
Furthermore, You expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that You post on the uShip Services, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, transferable, worldwide, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that You have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
a) uShip Member Moderation. The uShip Services are self-policed by uShip members via a flagging system that is used to communicate the policies of the uShip User Agreement and Flagging Policies. A registered user who receives a red flag on three separate occasions is subject to suspension of their account. uShip reserves the right to edit, amend, or delete any information posted on the uShip Services if, in the sole opinion of uShip, that it is in violation of any policy or the Community Rules and Guidelines.
b) Information Posted Publicly. Unless otherwise indicated, shipping transaction activity on uShip is intended to be made public, and You are authorizing uShip to use or repurpose this information within the scope of the uShip Services and this Agreement, including in a user identifiable manner. In order to maintain the safety, security and integrity of the uShip Service, You may not provide contact information to other members prior to booking.
c) Information Posted Privately. For any information You provide that is expressly not intended to be made public, You grant uShip a right to use the information in aggregate or in a non-user identifiable manner pursuant to our Privacy Policy.
d) Some portions of the uShip platform implement Google Maps mapping services, including Google Maps API(s). Your use of Google Maps is subject to Google's Terms of Service.
17. Prohibited Activities. uShip may suspend or remove your account if we suspect that You have engaged in prohibited activities in connection with our Services. uShip reserves the right to edit, amend, or delete any prohibited or malicious content that members submit on our Services. Members may not manipulate or attempt to manipulate other member's uShip accounts. Other prohibited activities include but are not limited to:
18. Right to Suspend or Remove Members and Reinstatement. We reserve the absolute right to reject or suspend your participation, or remove You from your current participation, with the uShip Services at any time and for any reason or for no reason and without notice to You. An event that may result in the suspension or removal of your participation can include but is not limited to: any circumvention of the uShip Services by You or by others at your direction; your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by You to improperly influence, or cause another to, improperly influence the feedback of members; any attempt by You to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by You to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners; or our knowledge of criminal convictions which we deem to be of risk to the uShip community.
Upon your removal or suspension from the uShip Services You may petition for reinstatement. Your petition for reinstatement must include a written statement as to why You should be reinstated and an acknowledgement and understanding of previous violations. Your petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee that You will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact You as to our decision to reinstate You. We are not obligated to give You any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
19. Feedback. For each uShip transaction, the shipper and TSP are allowed to rate each other by leaving feedback for one another. Feedback consists of leaving one rating (positive, negative or neutral), along with a short comment about your experience as well as star ratings based upon specific components of a TSP's service. You acknowledge that your feedback consists of comments left by other uShip members and a composite feedback number compiled by uShip. You agree that You will not use your uShip feedback in any venue other than uShip. Members should always use caution and good judgment when leaving feedback for another member because, members could be held legally responsible for damages to a member's reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because uShip does not censor feedback or investigate it for accuracy, uShip is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.
a) Feedback Calculations. Feedback scores are calculated when another member gives You a +1, 0, -1 score. Each member's overall feedback score is the difference between the number of members who left a positive rating and the number of members who left a negative rating. When a member leaves more than one of a particular type of feedback, for example three positive ratings for another member (for three different transactions), the other member's score only increases by +1. While the score is only increased by +1, each of the comments are made available for the community to read in the profile section. A member can only influence another member's feedback score by one positive, one negative or one neutral rating. For example, if You leave 3 positives and a negative, only one of the positives and one of the negatives will count against the score, netting to provide a score of 0.
b) Resolving Feedback Disputes. To maintain the integrity of the feedback system, feedback left for a member is a permanent part of that member's profile. Generally, feedback comments cannot be edited at a later date. Members should resolve any misunderstandings prior to leaving feedback, as most misunderstandings can and are resolved quickly through direct communication. There may be times when You are unhappy with, disagree with, or regret feedback that You left for another member, or that may have been left for You. If You have a disagreement over feedback that has been left, You have the following options to respond:
20. Dispute Resolution. Disputes between You and uShip regarding our Services should be reported to uShip Member Support. We will attempt to resolve any disputes You have with us. Because we are a neutral venue, we are not responsible for resolving any disputes between You and members regarding services. If You report a dispute to uShip, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between You and the other party. Therefore, if we are contacted by a member who claims to have a dispute with You regarding transactions completed on uShip and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the uShip member and You agree to release us from any and all liability associated therewith. We encourage You to report all member-to-member disputes to law enforcement officials, or a certified mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
21. Prohibited and Restricted Items. You may not list any shipment on our site that violates any applicable law, statute, ordinance, regulation or prohibited items. Prohibited items are hazardous or dangerous goods that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed on uShip. The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labeled) may be listed on uShip - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. For details on particular hazardous substances and transportation requirements in the US, see the U.S. Postal Service Publication 52. For details on particular hazardous substances and transportation requirements outside of the U.S., please consult your local postal authority and/or regulatory agency. Restricted Items: Prohibited regulated or perishable goods. These are items considered restricted or perishable by the U.S. Postal Service which generally do not pose a danger to health, safety, or property while being transported, but their transport is regulated or banned for public policy reasons. Generally, restricted or perishable items that can lawfully be transported by mail or commercial carrier are permitted on uShip (see U.S. Postal Service Publication 52 for additional details). Full responsibility rests with the consigner to comply with all postal and non-postal laws and regulations that relate to the mailing of hazardous, restricted and perishable material. Anyone who sends, or causes to be sent, a non-mailable or improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment), including but not limited to those specified in 18 U.S.C.
22. (U.S. Only) Household Goods Shipments. The Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, administers laws and regulations for the protection of shippers of household goods. Your TSP is required by the FMCSA to provide You with certain information pertaining to a household goods move. You can determine the FMCSA registration and safety status of your TSP at www.fmcsa.dot.gov and review the FMCSA regulations for household goods moves as well as other helpful information at www.protectyourmove.gov.
23. (U.S. Only) Non-household Goods Shipments. The Federal Motor Carrier Safety Administration, part of the U.S. Department of Transportation, required that all TSPs handling interstate shipments register with it and provide certain information. You can determine the registration and safety statutes of your TSP at www.fmcsa.dot.gov. Certain transportation services may involve movements only within one state. A number of states have statutes and regulations pertaining to such intrastate transportation. We suggest You check with your state Department of Transportation if your service is entirely within one state.
24. No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the uShip Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between You and uShip.
25. Release. Should you have a dispute with one or more uShip users, You release uShip, Inc., its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
26. Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to You or You may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, You acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
27. Taxes. You are solely responsible for any and all taxes, levies, charges and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by uShip. All fees stated for use our Services are net of any applicable taxes.
28. Record Keeping/Audit. uShip reserves the right to keep all records of any and all transactions and communications between You and other members for administration purposes in accordance with all applicable laws and regulations.
29. Non-solicitation. During the term of this Agreement You shall not solicit to hire nor hire our employees of whom You become aware of through the performance of this Agreement. Furthermore, You shall not otherwise interfere with any of uShip's other business relationships including but not limited to those with other uShip members. Specifically, You shall not knowingly, directly or indirectly, solicit or attempt to solicit, divert, and/or send marketing content to any uShip member in which you initially constituted a relationship through uShip.
30. Unsolicited Idea Submission. We always want to receive messages and feedback from uShip members and welcome any comments regarding the uShip marketplace. However, uShip policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by uShip might be similar or even identical to your idea.
If You do send uShip an unsolicited suggestion, idea, or proposal, or if You send, at the request of uShip, a comment or suggestion to improve the uShip Marketplace (for example, through discussion boards or via email) (collectively, the "Submission"), uShip will consider the Submission to be non-confidential and non-proprietary. uShip shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. uShip shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
31. Remedies. Remedies for use of our Services that violate this agreement include, but are not limited to, the immediate removal your shipment(s), offers, bids and/or profile, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our Services to You.
32. Limited Liability and No Warranty. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, Services, or tools including those of 3rd party solution providers. You further acknowledge that operation of and access to our sites, Services, or tools including those of 3rd party solution providers may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that You are making use of our sites, Services, and tools including those of 3rd party solution providers at your own risk, and that they are being provided to You on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, fitness for a particular purpose. In addition, to the extent permitted by applicable law, we are not liable, and You agree not to hold uShip responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting indirectly from:
33. Indemnity. You agree to indemnify and hold uShip and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
34. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the uShip Service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
35. Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by uShip to collect our fees and/or recover damages for, or obtain an injunction relating to, the uShip operations, intellectual property, and our Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Austin, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
36. Trademark and Domain Name Protection. The uShip Services contain trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by uShip. Unless otherwise agreed to in an Addendum to this Agreement, You agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the uShip Services without express written consent. You may not use any meta tags or any other "hidden text" utilizing uShip's name or trademarks without the express written consent of uShip. You shall not use or register any domain name that is identical to or similar to any of the Marks.
37. Security. uShip uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers (SSL). We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Services can be interrupted by numerous factors outside of our control.
38. Governing Law. THIS AGREEMENT AND YOUR USE OF THE SERVICES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
39. Other Terms and Conditions. You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the uShip Services at various places throughout the all of uShip's Services. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth in those additional terms shall govern.
40. General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
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text:
Phone +49 (0) 33931 800-0,
Maritim Hafenhotel RheinsbergEvent ServicePhone: +49 (0) 33931 820Fax: +49 (0) 33931 firstname.lastname@example.com
Opening hoursMonday to Friday from 8 a.m. to 6 p.m.
The modern Siegfried Matthus Arena, which is part of the hotel, is a multi-functional event space. Various meetings and cultural events take place here all year round. In addition, the Arena serves as an alternative venue for the renowned Kammeroper Rheinsberg (Rheinsberg Chamber Opera) in bad weather. The Arena is one of the largest event venues in the northern Brandenburg region, with a total area of 3,000 sq.m. and over 1,000 seats.
Request your event directly:
Quick Request Form
Detailed Request Form
The Maritim Hafenhotel Rheinsberg has agreed to participate in the GCB's www.fairpflichtet.de initiative and is taking proactive steps to adhere to their guidelines. Known as the Sustainability Codex, the guidelines regulate corporate responsibility as it pertains to economic, ecological and social aspects of the event industry.
Here you find the measures our hotel is taking with regards to sustainability.

subset: commoncrawl


text:
NewswireToday - /newswire/ -
Leeds, W Yorks, United Kingdom, 2009/12/22 - Supporting the launch of 3 new Bupa care homes*, creative marketing agency Kanjo, is working with the international healthcare company to communicate how they can support potential residents and their families, in a customer service driven campaign.
A new multi channel integrated approach is being used for this campaign which aims to promote both the accessibility and affordability of Bupas care homes, whilst generating local awareness and driving enquiries to a central helpline. Over a number of years, Kanjo has helped Bupa adapt their marketing to suit the needs of the target audience, and has recently improved response rates by over 100%. The leading creative agency is aiming for a similar success with the care home launches.
Kanjo, the agency behind other big brands such as Interflora and the NHS, have injected their usual fresh thinking approach into the campaign, focussing on how to get Bupa in front of their target audience most effectively. From showing people how to plan for their needs later in life, how to pay for and choose a care home, and how to care for someone with dementia, Bupa have adopted an advisory role to inform and support potential customers and their families.
By offering a series of free guides to tell people everything they need to know about care homes, Bupa is setting out to engage with their target audience in this market through providing advice and guidance.
Louise Walsh, Head of Sales & Marketing at Bupa said: This is the first time we have proactively launched a comprehensive support programme around the launch of new care homes and now, with Kanjo's help, we have been able to find a new way of communicating with our target audience. In developing new routes to market we are now increasingly putting our customers at the forefront and are more focussed on providing advice and guidance.
Set up by the five founding partners in 2007, the unique approach of the Kanjo team is a result of experience gained in large agencies such as McCann Erickson, Swamp, and Rapp. Kanjo are using this combined knowledge to its advantage to help clients of all sizes adapt and be smarter with their marketing.
Always on a quest for knowledge, the Kanjo team are constantly working to understand the changing habits of their client's customer. Kanjo Client Services Director, Howard Masters, said: We help our clients to better understand their target audience. This knowledge then directs our creative thinking to formulate targeted marketing strategies. This is exactly the route we have taken with Bupa, we examined different marketing tools and evaluated which would have the most powerful impact.
Key services offered by Kanjo are brand development, creative, consultancy, marketing strategy, campaign and project management, and print and production management. For additional marketing services Kanjo have teamed up with a number of selected external partners to provide specialist external skills to cater for individual clients.
*The new care home in Malvern was launched in October, the home in Stratford is to open at the end of November and the Southampton home at the end of the year.
Marketing tools Kanjo used included local press advertising and ads in GP's surgeries and post offices
Kanjo is based in Leeds and was established 2 years ago
Kanjo's other clients include Interflora, NHS, Wells Fargo, Dales Holiday Cottages and Findel
Director biogs available
Case studies available.
Written by / Agency / Source: Chocolate PR
Availability: All Regions (Including Int'l)
Traffic Booster: [/] Quick Newswire Today Visibility Checker
Distribution / Indexing: [+]


text:
Prospective Measurement of Post-Treatment Lymphedema
|Tracking Information
|First Received Date ICMJE
|July 2, 2007
|Last Updated Date
|November 23, 2016
|Start Date ICMJE
|May 2006
|Primary Completion Date
|November 2016 (Final data collection date for primary outcome measure)
|Current Primary Outcome Measures ICMJE
|Number of incidences of lymphedema following surgical treatment of stage I, II, and III cutaneous malignant melanoma [ Time Frame: 30 Month Period ]
|Original Primary Outcome Measures ICMJE
|Not Provided
|Change History
|Complete list of historical versions of study NCT00495950 on ClinicalTrials.gov Archive Site
|Current Secondary Outcome Measures ICMJE
|Not Provided
|Original Secondary Outcome Measures ICMJE
|Not Provided
|Current Other Outcome Measures ICMJE
|Not Provided
|Original Other Outcome Measures ICMJE
|Not Provided
|Descriptive Information
|Brief Title ICMJE
|Prospective Measurement of Post-Treatment Lymphedema
|Official Title ICMJE
|Prospective Measurement of Post-Treatment Lymphedema in Patients With Melanoma
|Brief Summary
|The goal of this study is to measure the amount of limb swelling (lymphedema) that sometimes occurs after melanoma treatment, and to find out how people feel and react to the diagnosis and treatment of melanoma.
|Detailed Description
If you choose to take part in this study, you will have measurements taken of your arms or legs using a Perometer and a bioimpedance machine. The Perometer is a machine that painlessly measures the fluid in your limb using two-directional infrared lights. These lights are located in the frame of the machine that encircles the arm or leg during the measurement. The bioimpedance is a machine that measures the fluid in your arm or leg by passing a very small current through the body similar to an electrocardiogram (EKG). These very small currents are located in electrodes that are placed on the hands and feet during the measurement. Both machines are able to pick up changes in limb size.
You will also be asked to complete a set of questionnaires relating to any symptoms that you may experience in your limbs and/or trunk (chest, stomach, and hip areas) during and following your standard cancer treatment.
Additional questionnaires, along with your limb measurements, will be done at your regularly-scheduled follow-up clinic visits, 3-6 months, 9-12 months, 15-18 months, 21-24 months and 27- 30 months. You will complete the additional questionnaires using a laptop computer or a hardcopy. The measurements and questionnaires will take 45-60 minutes to complete each time.
Some of the data from this study may be sent to the University of Missouri for analysis. The data that is sent will not have any personal identifiers. Researchers at University of Missouri will not be able to link the data to the protected health information or personal identity of any individual participant.
This is an investigational study. Up to 350 patients will take part in this study. All patients will be enrolled at MD Anderson.
|Study Type ICMJE
|Study Design ICMJE
|Observational Model: Case-Only
Time Perspective: Prospective
|Target Follow-Up Duration
|Not Provided
|Not Provided
|Sampling Method
|Non-Probability Sample
|Study Population
|Study participants with a confirmed diagnosis (M.D. Anderson pathology) of invasive cutaneous melanoma (stages I-III).
|Condition ICMJE
|Intervention ICMJE
|Behavioral: Questionnaire
Questionnaires relating to symptoms experienced during and following standard cancer treatment.
Other Name: Survey
|Study Groups/Cohorts
Intervention: Behavioral: Questionnaire
|Publications *
|Not Provided
* Includes publications given by the data provider as well as publications identified by ClinicalTrials.gov Identifier (NCT Number) in Medline.
|Recruitment Information
|Recruitment Status ICMJE
|Enrollment ICMJE
|Completion Date
|November 2016
|Primary Completion Date
|November 2016 (Final data collection date for primary outcome measure)
|Eligibility Criteria ICMJE
Inclusion Criteria:
Exclusion Criteria:
|18 Years and older (Adult, Senior)
|Accepts Healthy Volunteers
|Contacts ICMJE
|Contact information is only displayed when the study is recruiting subjects
|Listed Location Countries ICMJE
|United States
|Removed Location Countries
|Administrative Information
|NCT Number ICMJE
|Other Study ID Numbers ICMJE
5K12CA088084 ( U.S. NIH Grant/Contract )
|Has Data Monitoring Committee
|U.S. FDA-regulated Product
|Not Provided
|IPD Sharing Statement
|Not Provided
|Responsible Party
|M.D. Anderson Cancer Center
|Study Sponsor ICMJE
|M.D. Anderson Cancer Center
|Collaborators ICMJE
|Investigators ICMJE
|PRS Account
|M.D. Anderson Cancer Center
|Verification Date
|November 2016
ICMJE Data element required by the International Committee of Medical Journal Editors and the World Health Organization ICTRP


text:
According to this article on religious literacy in USA Today, "50% of high school seniors think Sodom and Gomorrah were married."
I think this is funny. I don't think it's a particularly good thing — I'd be happy to have our teenagers have a basic literacy in the Bible, along with the religious texts of other major religions — but I do think it's funny. Now we need to find out how many, thanks to The DaVinci Code, think Jesus was a married dude.
Incidentally, there's a simple solution to the problem of teaching the history and literature of religions in public schools without "accidentally" tipping over into, you know, proselytizing: Have atheists teach the classes. Yes, that will go over swell, I know. I'm just saying.
(The betting pool is on, incidentally, on how long it will take for someone to snark in the comment thread that this would be like having creationists teach biology. I'm betting on the fifth comment. Fortunately, I suspect the sixth or seventh comment would point out the flaw in that particular formulation. That's right! I'm leaving it to you folks to do all the heavy lifting! Have fun.)


text:
TAMPA — A man pushed his girlfriend and her adult son off a second-story balcony Friday in a northeast Tampa apartment complex, police said.
Tampa police identified the two victims as Mary Taylor, 53, and Norman Alejo Vickers, 25, both of 8407 Del Rio Way. They were taken to St. Joseph's Hospital with serious injuries, Taylor was in stable condition Friday night. An update on Vickers was unavailable.
John Prince, 45, of the same address, was arrested on two counts of aggravated battery.
State records show he has been arrested 34 times in Florida and convicted of charges that include aggravated battery and sale of cocaine, among others. He served several stints in state prison.
Police gave this account of the incident: A man was arguing with his girlfriend on a balcony at Brookside Apartments in a neighborhood south of Busch Boulevard near 50th Street.
During the dispute, the man pushed Taylor and her son. The railing broke and the victims fell about 15 feet onto a concrete slab.
Taylor then rolled another 10 feet down a grassy embankment, landing on a Del Rio Way sidewalk.
David Brown, 18, a King High School senior, said he was getting off a school bus Friday afternoon and saw the mother and son on the ground. The son was trying to get up, but the mother appeared unconscious, Brown said.
"That family is normally a very nice family," he said, noting that Prince would often say hello.
"It makes me mad a little bit that he would do something like that," the teen said.
The victims' neighbor, Letisha Harrison, said another neighbor called to tell her that two people had been pushed off a balcony. The mother and her boyfriend were fighting, and the son tried to break it up, the neighbor told Harrison.
"I was shocked," Harrison said. "Every time I see them, they're always together and always happy."
Investigators don't believe it was an accident or that the balcony railing gave way easily.
"It wasn't a light push," said police spokeswoman Laura McElroy. "It was an act of violence."
News researcher John Martin contributed to this report. Dan Sullivan can be reached at (813) 226-3321 or firstname.lastname@example.com.


text:
Solano County residents and business owners willing to save water can get help with the cost of doing so through a 2-year-old program that's being ramped up, a county water agency spokesman said.
"We look at it like a flexible rebate program where the firm is not restricted to one program," Solano County Water Agency spokesman Andy Florendo said.
Agency officials walk through the business or residence to assess where water use efficiency can be improved, help identify ways of doing that and the most cost-effective and help available.
"Then we help them get new water efficient devices installed," he said.
Most of the money for the program comes through water sales and property taxes with part coming from a prop. 84 grant, Florendo said. The program is ongoing, he said.
There are similar programs for homeowners, which offer an even higher percentage of rebate, he said.
"We'll help residents replacing lawn with water-efficient landscaping, for instance, and we have a list of qualifying plants," he said. "We won't reimburse for artificial turf, but we will for water saving appliances like washers and toilets, which are labeled WaterSense."
Participants must be Solano County water customers with a water service account active for at least a year, and, for irrigation upgrade requests, use potable water for irrigation. Properties using recycled water or well water do not qualify.
Large landscapes for schools, parks, and publicly funded common areas with a minimum of 10,000 square feet of irrigated landscape are being targeted and preference will be given to areas of irrigated turf.
Once a business calls for a free survey, and a plan is produced, businesses, public facilities and nonprofits can get up to $5,000 for replacing water-thirsty turf, irrigation systems, fixtures and appliances with more efficient materials and models through this program, agency officials said.
Eligible sites that are publicly funded or nonprofit will receive full reimbursement with no cost match up to $5,000, and eligible business customers will get a 50 percent cost match up to $5,000.
Program details are available at solanosaveswater.org. For more, contact Cristina Goulart at email@example.com or (707) 523-1010.


text:
NewswireToday - /newswire/ -
Boston, MA, United States, 2010/10/14 - Best Learning Content Management Solution, Best Simulation Development Tool & Best Mobile Learning Solution.
OutStart would like to thank its customers for their support in voting for and naming OutStart solutions finalists in the Best of Elearning! 2010 Awards. OutStart is a finalist in three categories: Best Learning Content Management Solution OutStart LCMS; Best Simulation Development Tool OutStart SoftSim; and, Best Mobile Learning Solution Hot Lava Mobile. Both OutStart LCMS and Hot Lava Mobile were winners in their respective categories in 2009.
OutStart solutions are built by learners for learners and the company is consistently recognized for being a leader in corporate learning solutions:
OutStart has been named a Visionary in Gartners Corporate Learning Systems Magic Quadrant since 2004;
In September 2010, OutStart was named a Top Learning Portal by TrainingIndustry.com;
Brandon Hall Research named OutStart TrainingEdge.com as one of Five Emerging LMSs to Watch in July 2010;
In January 2010 OutStart announced it won Best of Elearning! awards for OutStart LCMS and Hot Lava Mobile;
In 2009 Brandon Hall awarded Kell-Sibley an Excellence in Learning Award for their use of OutStart LCMS.
For organizations to succeed, their employees must possess or have easy access to an incredible breadth and depth of knowledge. The only way for employees to attain the knowledge they require is to be constantly learning in a continuum of ways formally and informally; independently and collaboratively; in the home or office, and while on the go. OutStart LCMS, OutStart SoftSim and Hot Lava Mobile are among the OutStart solutions that meet the varied learning requirements of individuals and organizations.
OutStart LCMS The leading learning content management system (LCMS) for automating the development, management, maintenance and delivery of modular training
OutStart SoftSim Create highly interactive simulations for Web and Windows-based applications, online processes and forms without any programming
Hot Lava Mobile Develop, deploy and track single-source mobile content.
The Best of Elearning! Awards are entirely reader driven and no vendor submissions are accepted. Winners will be announced November 4 at the upcoming Elearning! Summit.
Catherine Upton, Group Publisher of the Elearning! Media Group
The Best of Elearning! Awards program formalizes the informal word-of-mouth referrals practiced in our industry. According to our survey, 85% of professionals have personally recommended a learning solution to a colleague over the past 12 months.
Massood Zarrabian, President & CEO, OutStart
This award is particularly meaningful to us as it comes directly from our customers. Our primary focus is providing them with solutions that meet their demands and support their objectives. We are proud and thankful that they recognize our efforts and value their relationship with us.
About OutStart
At OutStart (outstart.com), were out to solve a big problem. Most organizations possess a wealth of underutilized collective intelligence around their products, services and processes. This underutilization negatively impacts employees, customers and partners, costing precious time and money while hindering performance. Said simply, what your people dont know will hurt you. OutStarts social business software, mobile and learning solutions act like a lifeline: connecting people to the know-how, creativity and learning they require to be efficient, effective and agile.
Since its inception in 1999, and backed by leading venture capital firms, OutStart has matured into a profitable and rapidly growing company with an impressive range of customers who are surpassing expectations and delivering exceptional business results. The company is honored to have customers like Autodesk, BB&T, Boeing Company, BT, CVS Caremark, DIRECTV, General Dynamics, Hewlett-Packard, Internal Revenue Service, McDonalds, MetLife, Pilatus Aircraft, Prudential, Australian Defence Force, U.S. Navy, UK Ministry of Defence, Verizon Wireless and Yum! Brands. To learn more about OutStart, visit the company on the web. You can also read the blog at blog.outstart.com and follow OutStart on Twitter @outstart.
Written by / Agency / Source: OutStart / SellingEdge.com
Availability: All Regions (Including Int'l)
Traffic Booster: [/] Quick Newswire Today Visibility Checker
Distribution / Indexing: [+] / [Company listed above is a registered member of our network. Content made possible by PRZOOM / PRTODAY indexing services]


text:
Video shows Seattle cop threatening handcuffed man in cell
Updated 12:54 am, Saturday, January 12, 2013
City prosecutors are investigating a Seattle police officer captured on tape threatening a handcuffed man in a holding cell.
The man had just been arrested in a street disturbance when Seattle Police Officer Clayton Powell walked into the holding cell and faked a punch. A camera captured the officer lunging forward, pulling back his arm, holding up his fist like he's about to strike, then walking out.
The footage is now part of a criminal investigation against the officer.
"I would never say that police should not be using force," said Chris Stearns, who chairs the Seattle Human Rights Commission. Sterns believes the man in the holding cell had his rights violated.
"The human right here that is at stake is the human right to safety," he said.
The incident started in the New Holly neighborhood when someone reported a drive-by pellet gun attack. Officers arrived to investigate, and a large crowd gathered around them.
A cell phone video captured Powell in a heated argument with someone from the crowd. At one point, a man spits on Powell, who then shoves him.
Investigators believe Powell may have assaulted the man later, though it was not captured on tape. That man is the same man seen handcuffed in the newly released holding cell video. Seattle police say they handed over the evidence months ago to the city attorney as part of an assault investigation into Powell's actions.
Powell's personnel file shows he failed his field tests three times in the police academy, raising red flags from the get-go among his trainers.
"This case, what it really represents is how much more we have to go," said Sterns.
Powell has been working in a non-patrol capacity while this case is pending. No criminal charges were filed against the man in the holding cell.


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Ivan Hlinka, who coached the Czech Republic to the hockey gold medal at the 1998 Nagano Olympics and became the coach of the Pittsburgh Penguins two years later -- one of the first two National Hockey League head coaches born and reared in Europe -- died yesterday at a hospital in the Czech Republic. He was 54.
Hlinka died of injuries sustained Sunday night when his car collided with a truck near Karlovy Vary, about 70 miles west of Prague, Pavel Barta, a spokesman for the Czech national team, told The Associated Press. Hlinka, who was to coach the Czech team at hockey's World Cup later this month, was returning from the town after gaining assurances from Jaromir Jagr, the Rangers' star wing, that he would take part in the World Cup, according to Reuters.
Hlinka coached the Czech team to two world championships and three Olympic medals in the 1990's. His 1998 team, which won Olympic gold with a 1-0 victory over Russia, was led by two N.H.L. stars, goalie Dominik Hasek and Jagr.
In February 2000, Hlinka was named associate head coach of the Penguins under Coach Herb Brooks, and he was promoted to head coach that June.
When the 2000-1 season began, Hlinka and the Chicago Blackhawks' Alpo Suhonen, a Finn, became the first European-bred head coaches in the N.H.L. They were named at a time when about 30 percent of the league's players were from Europe.Continue reading the main story
Hlinka took the Penguins to the Eastern Conference finals of the N.H.L. playoffs, coaching a team with 15 European players when the season began. But he was fired after Pittsburgh got off to an 0-4 start in the 2001-2 season. Mario Lemieux, the star player and the owner of the Penguins, said that Hlinka was having problems communicating with his players.
Brooks, who coached the United States hockey team to the Miracle on Ice victory over the Soviet Union at the 1980 Lake Placid Olympics, died in August 2003 when he lost control of his vehicle while driving in Minnesota.
The Penguins' general manager, Craig Patrick, who hired Hlinka as head coach, said yesterday in a statement that Hlinka was ''a great hockey player, a player that many of the current Czech players idolized growing up.''
Hlinka, a native of Most, Czechoslovakia, played on the national team that won the world championship in 1972, 1976 and 1977, and on teams that won bronze at the 1972 Olympics in Sapporo, Japan, and silver at the 1976 Olympics in Innsbruck, Austria. He was named top forward at the 1976 Canada Cup.
He began his pro career with CHZ Litvinov in the Czech League in 1969.
Hlinka played with the N.H.L.'s Vancouver Canucks from 1981 to 1983, then returned to Europe and finished his playing career in Switzerland before becoming a coach.
He is survived by his wife and a son.Continue reading the main story


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Riverside County, California Criminal Records
A background check is the thorough process undertaken when a company, business, or individual needs to find out background information about another person. Businesses will use a background check for the purpose of determining if an individual is suitable for employment, while a private citizen may want to know if someone they know has criminal records. There are different types of background checks, including employment history, driving record, criminal history, and in some cases, credit history. A human resources department might conduct a background check in a piecemeal manner, or they may outsource the entire process to an Internet-based company. In most cases, the most critical function a background check serves is to vet a potential job candidate, ensuring that the individual does not have a felony record. More importantly, a background check is used to guard against inadvertently hiring a registered sex offender.
Court Records
When putting together information from all the available sources of public records while doing a background check, you will need to gain access to county court records. In Riverside County, you will have to formally request case and court information from the Riverside County Superior Court. The Riverside court system has many different branches, five of which deal with criminal records and files:
Banning Court
135 North Alessandro Road, Banning CA 92220
Telephone 951-922-7140
Blythe Court
265 North Broadway, Blythe CA 92225
Telephone: 760-921-5900
Larson Justice Center
46-200 Oasis Street, Indio CA 92201
Telephone: 760-863-8426
Riverside Hall of Justice
4100 Main Street, Riverside CA 92501
Telephone: 951-955-4600
Southwest Justice Center
30755-D Auld Road, Murrieta CA 92563
Telephone: 951-304-5000
For handing official business at the courthouse, court is open to the public from Monday to Friday, from 7:30am - 4:00pm. The superior court also has a dedicated website for online users, and is located at this webpage: http://www.riverside.courts.ca.gov/jury/index.shtml.
Public Records
Criminal records also count as public records, and you will find most county sheriff's have local criminal records in their archives. To get in touch with the Riverside County Sheriff's Office, you can contact them in person, by telephone, or online. The sheriff's office is located at 4095 Lemon Street, Riverside, California, 92501. To speak to someone over the telephone, call 951-955-2440. To look up local criminal information online, visit the sheriff's webpage at the following link: http://www.riversidesheriff.org.
Online Resources
If your background check research requires you to eliminate from consideration county individuals who are on parole, then you will need to run their names through the California Department of Corrections online offender database. Click here to begin searching names: http://www.cdcr.ca.gov/Reports_Research/Inmate_Locator.html.
If you wish to perform a background checking using your personal information, the California Department of Justice has a webpage setup to guide web users through the process. Click the following link for additional information: http://ag.ca.gov/fingerprints/security.php. Note: A credit card payment of $25.00 is required.
You can also order your official fingerprint-based background check through the California DOJ if your company or organization requires you to obtain one. Click here for more details: http://ag.ca.gov/fingerprints/.
To ensure that the target individual is not listed in the Megan's Law sex offender registry, you can run their names through the online database at this link: http://www.meganslaw.ca.gov/.


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This is the only place where I think people might not judge me.
I have a 19yo DS. He has been....::sigh::...."troubled" for most of his life. He's not a bad kid. He doesn't drink or use drugs or do terrible things....but he has been in and out of therapists offices for about half of his life. When he was little, they said he had ADD. Then they said he had ODD. Then they thought he might be bi-polar. He's never been properly diagnosed and no treatment has truly helped him. We now think we might be dealing with a personality disorder, and he has recently started with a new therapist. He is currently living at home, is jobless, and seems to be avoiding life in general.
We've been talking about trying to get him into community college or a technical school. He's extremely bright, articulate, etc. Just seems to have no motivation. Well, he kind of wants to go to school....but he has serious anxiety about writing. Writing has been a problem since he was 8-9yo. He CAN write. He's not dysgraphic or anything. He has an excellent sense of grammar and punctuation. He just gets upset and angry when made to compose something, so I never pushed it (because life seemed to make him upset and angry even without writing). So....he's 19yo and probably has the composition skills of a 7th grader.
He now wants to tackle this, and I have no clue where to start. He said he wants a tutor. I am pretty broke. I think if I try to teach him, it will not be pretty. Does anyone have any ideas? Is there any online resource that helps adults? Everything I find online is for kids who already have homework assignments from their school-teachers.
Would composition go better if he dictated his thoughts rather than trying to put them directly onto paper? He could use a tape recorder, then type. Or there is some computer program that lets you just talk. I don't know how much $ that is, just that it exists...
Maybe there is someone who would tutor him in exchange for yardwork or pet care?
I'm not sure 7th grade level composition is that unusual for 1st year community college or tech school students but I suspect that your ds is most likely worried about looking foolish. Do the schools at which he is looking offer tutoring services? Has he taken any community college classes? Could he take one to test the waters? I wonder if his lack of skills are a bigger deal in his head than they will be in the real situation of a class.
Not an u'ser now, but I saw this post and wondered if your ds had ever been tested for a learning disability? Sometimes there is a reason why kids get upset or angry about certain work, beyond just not enjoying it. Just a thought.
FWIW, 7th grade composition skills are nothing to sneeze at. I would think that he could investigate remedial language arts/writing at the community college, and perhaps take a course there.
Where I live there are free Adult Basic Education courses (i.e. courses for adults that are at a high school level). Such programs see a very high proportion of young adults with anxiety and self-esteem issues around basic academics, and undiagnosed learning disabilities, finally hoping to start off on a new foot and get on with their educations and their lives. The teachers and academic counsellors there are often very gifted at meeting such young people right where they're at and working past whatever blocks have existed in the past. Solutions are often very individualized, much like tutoring.
Do US states have similar programs? If so, that would be a great place to start.
Mountain mama to one great kid and three great grown-ups
You have just exactly described my almost 19 yr old daughter. She is a very good writer, but practically flunked all of her writing classes because it made her angry to write what other people wanted her to write. Same with the troubled, and misdiagnosed, and I am now also thinking personality disorder ( schizoid personality disorder). Last year was her first year of a 4 year university and she did not do well in any class with writing or even project deadlines. She, however, does great with history, economics and languages. she is staying home next year and going to community college, she will be taking Chinese and a music class.
Can he start with something besides a writing course? maybe if he took a class he loved or a few, maybe he would start to be more confident or see the sense in taking a class where he might have to write papers..
Good luck, you're not alone, I have a harder time parenting my adult than I do my 5 yr old!
How about something like this?
Mom to J and never ending
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2017 the year of peace and tranquility.
My son had a full, 2-day workup at Hasbro Children's Hospital when he was 7yo, which included an IQ test and screening for learning disabilities. He is not learning disabled.
Unruly, my son shows a lot of symptoms of schizoid and avoidant personality disorder. I have mentioned taking a couple of classes that don't involve writing, but he still has to take a writing placement test to be accepted at the local community college. That was how this whole discussion was started. He also has a phobia of making phone calls, which is another issue we're trying to tackle.
Zebra, thanks for the link. That particular curricula looks thorough and not too childish. I will check it out.
I think I will be parenting DS1 for many more years. It wouldn't surprise me if he's still living at home when he's 30.
Yes I have to write out scripts for my DD to make phone calls. She went out with a friend last night, it was only the second time all summer that she has been social. There are many other things happening with her, and my husband and I have begged her to go to therapy, but she refuses. I thought about the writing placement. Does your community offer classes outside of a college setting, more enrichment classes?
You mentioned he has difficulty with phone calls. Does he feel more comfortable in person? If so I'm thinking his best bet would be to go to the community college and meet with someone in the advising office. I can assure you that it is not at all an uncommon situation for community college students to need remedial work in one or more subject. Depending on your area there may also be English as a Second Language learners. Nobody is going to think a thing about him needing remedial work in writing. There are some students entering community college who need remedial work in math, writing, and reading. I would reassure him that he will likely be ahead in some areas and have other areas where he needs more work, but that there is still a place for him at community college. There will be courses at his level and there will be tutoring available.
Best wishes and I hope the new therapist is able to provide better help than he's received up to this point.
I have Stiff Person Syndrome and my other car is a candy apple red Rascal. Feel free to ask me about it.
The community college probably has a Writing Center, too, where he'll be able to go to get extra support for his assignments if he needs it. He may qualify for a Pell Grant, too, so it would be affordable.
Single mom to Rain (1/93) , grad student, and world traveler
Thanks, but the issue is not that he's concerned about doing poorly on the placement test. He's concerned that he will have an anxiety attack and not be able to complete the placement test, or even really begin the writing portion of it. We need to practice and get him past the freak-out point before throwing him into a testing center.
There are some same questions from the accuplacer, and also some info on what the test consists of. It's adaptive, so it will get easier as he misses questions and harder as he gets them correct. There's no penalty for guessing, so he should always eliminate answers he knows are wrong and then guess.
There are also whole books you can buy to prep for the accuplacer, from Barnes and Noble or amazon or wherever (or the library). That might be overkill, ut if he's having a lot of anxiety about it then maybe not. It really is a test where it's okay to do poorly...
Single mom to Rain (1/93) , grad student, and world traveler
Ease exhaust any typos, set from my itouch.
Again....his anxiety is about the process of writing....not about doing poorly. He would get frustrated and panicky even if writing something that was not a test.
How about dictation into a microphone of some sorts - followed later by writing.
Alternately, there is some software where you dictate and the computer writes it out for you. Dragon speakeasy is one. My computer is not allowing me to cut and paste but it is google-able.
Does he have anxiety around informal writing - like online forums/chats/games?
How about dictation into a microphone of some sorts - followed later by writing.
Alternately, there is some software where you dictate and the computer writes it out for you. Dragon speakeasy is one. My computer is not allowing me to cut and paste but it is google-able.
Does he have anxiety around informal writing - like online forums/chats/games?
No, he has no problem with that sort of writing. Thanks for the dictation info. That sort of thing had never occurred to me.
What does he want to take at school? Some classes are very writing light. He can also record classes instead of making notes during class - and many professors post their notes online for those who miss them.
In an ideal world he is going to have to figure out if he wants to work on his writing issues or work around them. In the beginning both may be in order so he does not become overwhelmed.
Contemplating taking courses is big. Kudos to him.
I took a look and there is a name for such a phobia - graphaphobia. Maybe there will be some online resources that are helpful?
Reading these replies it made me wonder how a blind person might take these placement tests...... I would imagine braille would be tedious, especially in this technological age. I wonder if those services could be made available to him?
find out what placement test they use, because usually it's a multiple choice seeing if you know grammar rules, no actual writing involved. and I would think in that case it wouldn't be a problem for him?
part-time and through infancy. planning a
I know what placement test they use because I'm a student at the same school. It's multiple choice for math, and an essay for writing. I don't know how you can test for writing without actually having a person write....? They want to know if they can stick you in Comp 101 or if you need remedial work. Knowing grammar and punctuation is not the same thing as being able to compose.
Anyway, it sounds like his anxiety is the bigger problem, then? I think he could get the help he needs with his writing at a community college remedial writing class (and a class like that would probably be set up to help kids who are anxious about having to write, too), but he can't get there without taking the placement test, and his anxiety about writing prevents him from doing that. So it's a catch-22 of sorts.
Is his therapist addressing his anxieties at all? Has he ever been tried on a low-dose anti-anxiety medication like xanax? Those medications got a bad rap because of their potential for addiction, but I know a number of people who found that a low dose for a temporary time period was really useful in helping them get past stumbling blocks like this. YMMV, of course, and I'm not a doctor...
Single mom to Rain (1/93) , grad student, and world traveler
Google around for SAT essay tips (even if he's not going to take it). There are some good (free) sites that give very nuts and bolts, practical advice on how to write good essays and the steps involved. Given that people only have about 30 minutes to write the essay, it's a nice way to have a crash course.
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Teenage Mutant Ninja Turtles 3D (Region A Blu-Ray) (Hong Kong Version) Mandarin Dubbed / Chinese subtitled
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Languages: English, Mandarin / Subtitles: English, Traditional Chinese, Simplified Chinese, Malay / Synopsis: The city needs heroes. Darkness has settled over New York City as Shredder and his evil Foot Clan have an iron grip on everything from the police to the politicians. The future is grim until four unlikely outcast brothers rise from the sewers and discover their destiny as Teenage Mutant Ninja Turtles. The Turtles must work with fearless reporter April O'Neil (Megan Fox) and her wise-cracking cameraman Vern Fenwick (Will Arnett) to save the city and unravel Shredder's diabolical plan. Based on the Teenage Mutant Ninja Turtles Characters Created by PETER LAIRD and KEVIN EASTMAN with a Screenplay by JOSH APPELBAUM & ANDRÉ NEMEC and EV
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