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High Rise Condos For Sale In Denver Colorado
Denver, CO high rise condominiums are an economic way to enjoy the luxuries of life and maintain a living space in a convenient urban location. The condo is essentially a co-owned, multifamily property. The first such co-owned property came into existence in New York around 1881.
Since that time, the condo has trended up and down as changes in the housing market and demographics fueled and then extinguished interest. However, recent trends have brought back that interest. The flight to the suburbs has somewhat reversed itself. This is in large part due to higher gasoline costs and a desire to shorten the commute.
Also adding to the allure of high rise downtown living is the fact that many cities across the nation have re-designed and re-built urban areas to be more attractive to homeowners. The movement began in the early 1990's with cities allowing developers to acquire old warehouses and other unused commercial properties in downtown districts and then convert them into upscale condos.
With the improvements to downtown America, suburban dwellers began to return to the hub of activity. As more people flocked back to the urban scene, new housing was a must. High rise condos met the housing need in a dramatically cost-effective way; both for the developer and the homeowner. The convenience of living in proximity to your workplace, major sports facilities, convention centers and other typical downtown features is a compelling factor that has drawn millions back to urban life.

subset: commoncrawl


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DP Wade Muller and I back at it again for a second time...
Our 3 leading men... William Chan, Derek Tsang and Edward Chui...Day 1 : William getting kidnapped...Wade setting up the first shot of the day and first shot of the whole film...Edward Chui getting ready to kick some ass in a bar brawl...William and Michelle, playing lovers once again...The lovely Irene Wan, I really got star struck on set for real...Wade and I tried our best to give Irene a good introductory shot... I don't believe we have seen her in this light...
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If you're looking for the predictability that a Dedicated run can give you, but still want to earn outstanding money while driving great miles, Averitt has unique opportunities for you. As one of America's premier truck driving companies, our driver careers give you everything you want, including consistent home time, profit sharing, 401(k), and much more.
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text: Heat the vegetable oil in a large saucepan. Add the onion and ginger and cook for 1 minute on a low heat, then throw in the garlic and chilli. Cook gently for a further 4 minutes, to soften the vegetables. Add the steak, just cover with some stock and simmer with a lid on for 2 minutes for rare, 3 minutes for medium, or 5 minutes for well done. Throw in the noodles and more stock (if it's needed) to cover the noodles. Simmer for 3 minutes. Toss in the peppers and broccoli and cook for another minute. Remove the steak and place on a chopping board. Mix the noodles with the vegetables and serve in individual bowls with the cooking stock. Finely slice the beef and divide between the bowls. Sprinkle over the spring onions, top with a sprig of coriander and serve with soy sauce on the side. See more beef recipes Textingredients Email recipe details Print recipe


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|American Standard Version (ASV)
|New International Version (NIV)
|14 A man shall be satisfied with good by the fruit of his mouth; And the doings of a man's hands shall be rendered unto him.
|14 From the fruit of his lips a man is filled with good things as surely as the work of his hands rewards him.
|The American Standard Version is in the public domain. (The American Standard Version Bible Online)
|Scripture quoted by permission. Quotations designated (NIV) are from THE HOLY BIBLE: NEW INTERNATIONAL VERSION®. NIV®. Copyright © 1973, 1978, 1984 by Biblica. All rights reserved worldwide. (New International Version Bible Online)


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Quoted from Amazone I.
naming yourself a so called *hsp* .....
Quoted from text
a large body of research now suggests that sensory-processing sensitivity (SPS) is innate and found in about 15–20% of humans
Quoted from Patty H
I, personally, think we are wired not just by our blood type, but also by our genetics, which are individual for every O, A, B & AB, but also, and maybe more importantly, by our family of origin.I believe we learn how to be in relationships by observing our parents. Having been married for 28+ years, I see A LOT of my mother-in-law in my husband when it comes to how he behaves/reacts in relationship. I am certainly no expert, but I have read a lot on this topic. I believe that blood type is just one of the many contributing factors, but I believe that family of origin plays a much bigger role in this. Just my humble opinion.


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Juhi Babbar
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Discover Chocolate and Live La Vida Cocoa!
We recently closed our business and have several sizes of ribbon leftover in our inventory.
All 4 sizes of ribbon are Aqua Sheer Organza ribbon originally purchased from Papermart. You can see a picture of the ribbon here: http://www.papermart.com/Product%20Pages/Product.aspx?GroupID=10160&SubGroupID=10161&SearchItemNumber=500371#500371
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Swift v. Zynga Game Network, Inc. et al
Filing 94
ORDER granting 54 Motion to Compel; granting in part and denying in part 54 Motion to Stay; signed by Judge Elizabeth D Laporte. (kns, COURT STAFF) (Filed on 8/4/2011)
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 REBECCA SWIFT, et al., 11 For the Northern District of California United States District Court 10 Plaintiffs, No. C-09-5443 EDL 12 v. ORDER GRANTING ZYNGA'S MOTION TO COMPEL ARBITRATION; GRANTING IN PART AND DENYING IN PART OTHER DEFENDANTS' PARALLEL MOTION TO STAY; DENYING AS MOOT: (1) MOTION TO COMPEL DISCOVERY, (2) MOTION TO HEAR CROSS-MOTION TO STAY DISCOVERY ON SHORTENED TIME, (3) MOTION TO STAY DISCOVERY; GRANTING MOTION TO SEAL 13 14 15 16 17 18 ZYNGA GAME NETWORK, INC.; et al., 19 Defendants. 20 21 22 ____________________________/ I. Introduction This is a purported class action brought by Plaintiff Rebecca Swift on behalf of herself and a 23 class of similarly situated individuals who were allegedly deceived by Defendant Zynga Game 24 Network, Inc.'s "special offer" transactions, developed by Defendants Acknowledge Inc. and Kitn 25 Media USA, Inc. and offered in connection with Zynga's free online video games. The complaint, 26 originally filed on November 17, 2009 and amended on February 10, 2010, makes claims for unfair 27 competition in violation of California Business & Professions Code section 17200, the California 28 Consumer Legal Remedies Act, and Unjust Enrichment. 1 On May 5, 2011, Defendant filed a Motion to Compel Arbitration and Stay Litigation in light Concepcion, 131 S.Ct. 1740 (2011), which held that the Federal Arbitration Act preempts California 4 law regarding the unconscionability of arbitration provisions restricting class action claims. Zynga 5 claims that although the contractual arbitration provision governing the parties' relationship did not 6 allow it to compel arbitration at the time the case was filed, in light of this recent change in the law 7 arbitration should be compelled and the litigation stayed. Plaintiff opposes on the bases that she did 8 not assent to the arbitration provision that Zynga now relies on, and even if she did the terms of 9 service that contain the arbitration provision do not require arbitration of her claims, and Zynga 10 waived its right to compel arbitration. For the following reasons and for the reasons discussed 11 For the Northern District of California of the United States Supreme Court's April 27, 2011 decision in AT&T Mobility LLC v. 3 United States District Court 2 during oral argument on July 26, 2011, Zynga's motion is GRANTED and the litigation stayed as to 12 Zynga. 13 Defendants Acknowledge and Kitn (collectively the "Super Rewards Defendants") filed a 14 joinder to Zynga's motion on the basis that they are agents with standing to enforce the arbitration 15 clause, that the claims against them are closely related to the contract containing the arbitration 16 clause, or alternatively that the litigation should be stayed as to them even if the arbitration provision 17 only applies to Zynga. Plaintiff separately opposes joinder of the Super Rewards Defendants in 18 Zynga's motion. The Super Rewards Defendants' Joinder and Request to Stay is GRANTED IN 19 PART AND DENIED IN PART, and the litigation is STAYED as to all defendants. 20 Finally, the parties also filed a motion to compel discovery responses set to be heard on 21 August 2, and a cross-motion to stay discovery and to hear the cross-motion on shortened time. 22 These motions are MOOT in light of the Court's decision to stay the litigation in favor of arbitration 23 II. 24 Background Facts Plaintiff's claims relate to harm she allegedly suffered after accepting certain "special offers" 25 in connection with Zynga's online video game applications that she was using within the Facebook 26 network. FAC ¶¶ 6, 25, 36-41. Two different Terms of Service ("TOS") agreements are arguably 27 relevant to Ms. Swift's claims. 28 First, in April 2009, (the timeframe that Plaintiff alleges that she accepted the fraudulent 2 1 special offers at issue), the YoVille TOS1 governed the terms and conditions of use of all Zynga 2 products and contained the following arbitration provision: 3 You agree that any suit, action or proceeding arising out of or relating to these Terms of Use or any of the transactions contemplated herein or related to the Service or any contests or services thereon (including without limitation, statutory, equitable or tort claims) shall be resolved solely by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association("AAA"); provided, however, that notwithstanding the parties' decision to resolve any and all disputes arising under these Terms of Use through arbitration, Zynga may bring an action in any court of applicable jurisdiction to protect its intellectual property rights or to seek to obtain injunctive relief or other equitable [sic] from a court to enforce the provisions of these Terms of Use or to enforce the decision of the arbitrator. The arbitration will be held in San Francisco . . . 4 5 6 7 8 9 Hanley Decl. Ex. A p. 17. The YoVille TOS is silent as to whether parties may aggregate claims or 11 For the Northern District of California United States District Court 10 pursue a class action arbitration. 12 The YoVille TOS further provides that Zynga had the right to change the terms at any time, 13 that use after notice of the change in terms constitutes acceptance of the changes, and that the 14 changes take effect after notice by posting the changes on "Zynga's Service or by any other method 15 of notice Zynga deems appropriate." Id. at 14. The first time that a user such as Plaintiff decided to 16 start playing a Zynga game through a social media platform such as Facebook, he or she was 17 presented with a screen request stating: "Allow Access? Allowing YoVille access will let it pull 18 your profile information, photos, your friends' info, and other content that it requires to work." 19 Underneath, there is a large "Allow" button, a smaller "cancel" link, and smaller grey font stating 20 "By proceeding, you are allowing YoVille to access your information and you are agreeing to the 21 [blue hyperlink] Facebook Terms of Service in your use of YoVille. By using YoVille, you also 22 agree to the YoVille [blue hyperlink] Terms of Service." Parker Decl. Ex. F;2 Seabolt Decl. Ex. A; 23 Reply at 2 (image of screen shot). There is no record of whether Plaintiff or anyone else ever 24 clicked on the blue hyperlinked YoVille Terms of Service, which Zynga'S 30(b)(6) witness testified 25 it did not track. Parker Decl. Ex. E at 85-86, 92, 112, 126. 26 27 28 1 The YoVille TOS was amended in May 2009, but the provisions relevant to this dispute were not changed at that time. Compare Hanley Decl. Ex. A p. 16-17 with Ex. B p. 17. 2 Plaintiff has filed a motion to seal Exhibits A-D to the Parker Declaration on grounds that Defendants designated them "Confidential" pursuant to the parties' stipulated protective order. Defendants, as the designating party, have complied with Local Rule 79-5(d) and the Motion to Seal is GRANTED. 3 1 2 Then, on August 1, 2009, Zynga implemented its Universal TOS, which was intended to supercede the YoVille TOS. Hanley Decl. Ex. C. The Universal TOS provides: 3 4 5 With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in San Francisco County . . . 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 Hanley Decl. Ex. C. ¶ 12(a). The Universal TOS further provides: Binding Arbitration. If you and Zynga are unable to resolve a Dispute through informal negotiations, either you or Zynga may elect to have the Dispute (except those disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL . . . The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator . . . Except as otherwise provided in this Agreement, you and Zynga may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. 14 15 Hanley Decl. Ex. C. ¶ 12(d). Exceptions to the informal dispute resolution and arbitration provision 16 include: "(1)any Disputes seeking to enforce or protect, or concerning the validity of, any of your or 17 Zynga's intellectual property rights; (2) any Dispute relating to, or arising from, allegations of theft, 18 piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief." Id. ¶ 12(f). 19 20 21 22 23 The Universal TOS also forbids arbitration on a class basis: You and Zynga agree that any arbitration shall be limited to the Dispute between Zynga and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 24 Id. ¶ 12(e). However, section 13(b) provides that, "If Section 12(e) is found to be illegal or 25 unenforceable, then neither you nor Zynga will elect to arbitrate any Dispute falling within that 26 portion of Section 12(e) found to be illegal or unenforceable and such Dispute shall be decided by a 27 court of competent jurisdiction within the County of San Francisco, State of California, United 28 States of America and you and Zynga agree to submit to the personal jurisdiction of that court." 4 1 According to Plaintiff, Zynga did not provide her with sufficient notice that the arbitration 2 provision had changed in August 2009. Parker Decl. Ex. E at 123-24, 129. After Plaintiff sued 3 Zynga in this Court, Zynga moved to dismiss on grounds that her claims were barred by the 4 Communications Decency Act and should be dismissed for lack of specificity, but prior to the 5 Supreme Court's Concepcion decision, did not seek to compel arbitration and did not assert an 6 affirmative defense relating to arbitration or the ban on class actions contained in the Universal TOS. 7 III. Motion to Compel Arbitration Zynga contends that, when this case was filed, the California Supreme Court's decision in 10 Discover Bank v. Superior Court, 36 Cal. 4th 148 (2005) precluded it from compelling arbitration 11 For the Northern District of California A. 9 United States District Court 8 pursuant to the arbitration clauses in the YoVille and/or Universal TOS. However, it argues that the 12 United States Supreme Court's Concepcion decision overturned the Discover Bank rule and now 13 requires courts to give full force and effect to contractual agreements and enforce bilateral 14 arbitrations except where the parties explicitly contracted to the contrary. AT&T Mobility LLC v. 15 Concepcion observed: 16 17 18 19 20 21 Legal Standard The "principal purpose" of the FAA is to "ensur[e] that private arbitration agreements are enforced according to their terms." This purpose is readily apparent from the FAA's text. Section 2 makes arbitration agreements "valid, irrevocable, and enforceable" as written (subject, of course, to the saving clause); § 3 requires courts to stay litigation of arbitral claims pending arbitration of those claims "in accordance with the terms of the agreement;" and § 4 requires courts to compel arbitration "in accordance with the terms of the agreement" upon the motion of either party to the agreement (assuming that the "making of the arbitration agreement or the failure ... to perform the same" is not at issue). In light of these provisions, we have held that parties may agree to limit the issues subject to arbitration, to arbitrate according to specific rules, and to limit with whom a party will arbitrate its disputes. 22 23 131 S.Ct. 1740, 1748 -1749 (2011) (internal citations omitted). Conception also notes that § 2 of the 24 FAA "permits arbitration agreements to be declared unenforceable 'upon such grounds as exist at 25 law or in equity for the revocation of any contract.' This saving clause permits 26 agreements to arbitrate to be invalidated by 'generally applicable contract defenses, such as 27 fraud, duress, or unconscionability,' but not by defenses that apply only to arbitration or that derive 28 their meaning from the fact that an agreement to arbitrate is at issue." Id. at 1746. Conception ultimately held that the FAA preempts California's Discover Bank rule that class arbitration waivers 5 1 in consumer contracts are unenforceable as unconscionable, and instructed that such waivers should 2 be enforced. Id. at 1753. The Court further held that, unless the parties explicitly agreed to class 3 arbitration, arbitrations could only proceed on an individual basis. Id. 4 Zynga argues that in light of Concepcion it can now compel arbitration of Plaintiff's claims 5 in this case on an individual basis pursuant to the YoVille and Universal TOS. In the wake of 6 Concepcion, other courts of this district have compelled arbitration and stayed cases based on its 7 change in the law. See, e.g., Arellano v. T-Mobile USA, Inc., 2011 WL 1842712 (N.D. Cal. May 8 16, 2011) (Alsup, J.); Villegas v. U.S. Bancorp, No. C 10-1762 RS (N.D. Cal. June 20, 2011) 9 (Seeborg, J.); In re Calif. Title Ins. Antitrust Litig., 2011 WL 2566449, at **2-3 (N.D. Cal. June 27, 2011) (White, J.). 11 For the Northern District of California United States District Court 10 B. 12 According to Zynga, Plaintiff accepted the YoVille TOS when she first logged on to play the Analysis 13 YoVille game in April 2009 by clicking the "Accept" button described above. Hanley Decl. ¶ 3-4, 14 Ex. A. The YoVille TOS requires arbitration, but is silent on whether the arbitration can proceed on 15 a classwide basis. Hanley Ex. A at 17. Additionally, Zynga contends that, as a result of Plaintiff's 16 assent to the YoVille TOS, which stated that the terms could be changed and continued use 17 constituted acceptance, Plaintiff thereafter accepted and became bound by the Universal TOS, which 18 governs. Hanley Decl. ¶ 6, Ex. C p.1. The Universal TOS explicitly required that Plaintiff's claims 19 be arbitrated on an individual basis and that she waived her right to class arbitration. Hanley Decl. 20 Ex. C ¶ 12(d)-(e). Since this clause was invalid under Discover Bank, Zynga did not initially move 21 to compel arbitration but now does so following Concepcion. 22 There is no dispute that the FAA applies to the arbitration provisions at issue, or that 23 Concepcion overruled existing law prohibiting class action arbitration waivers in California. 24 However, Plaintiff opposes enforcement of the arbitration provisions on six separate grounds which 25 are addressed in turn. 26 27 28 1. Was there a binding contract requiring arbitration? Plaintiff argues that, for any arbitration agreement to be binding on her, Zynga must show a clear mutual manifestation of assent. See Windsor Mills, Inc. v. Collins & Aikman Corp., 25 Cal. App. 3d 987 (1972). She contends that she comes within the exception to the rule that failure to read 6 called to the attention of the recipient." Marin Storage & Trucking, Inc. v. Benco Contracting and 3 Engineering, Inc., 89 Cal. App. 1042, 1049-50 (2001). Plaintiff argues that most internet and 4 software transactions use a "clickwrap" process to obtain a user's consent to terms of service 5 whereby the terms of service are presented on the screen and do not allow the user to proceed 6 without clicking to assent to the terms. Parker Decl. Ex. E at 31. Plaintiff contrasts this process 7 with the procedure for consenting to YoVille's TOS, where the terms of service are not visible on 8 the page but instead are linked by the blue hyperlink within a smaller grey font following the 9 "Allow" button, which also relates to allowing access to Facebook information. Plaintiff contends 10 that this "modified clickwrap" was insufficient to put her on notice of what she was assenting to, so 11 For the Northern District of California a contract is not an excuse "when the writing does not appear to be a contract and the terms are not 2 United States District Court 1 she is not bound by the YoVille TOS or the Universal TOS. 12 She also argues that Zynga purposely used this modified clickwrap to avoid disrupting the 13 user experience (Parker Decl. Ex. E at 36) and that failure to include the terms of service on the page 14 itself, the smaller font, and the fact that the games are free, "creates a situation where it is doubtful 15 that any reasonably prudent consumer would know they were entering into a binding legal 16 agreement with Zynga by clicking "Allow.'" Opp. at 14. Zynga persuasively counters that the 17 dialogue box in question is Facebook's standard dialogue box presented to users wishing to access 18 any number of Facebook applications, and Zynga followed the norm for Facebook applications and 19 was not attempting to hide its terms of service. Hanley Depo. at 83. 20 Plaintiff relies heavily on Specht v. Netscape Communications Corp., 306 F.3d 17 (2d Cir. 21 2002) (Sotomayor, J.), a case in which the plaintiffs downloaded free software plug-ins called 22 "Communicator" and "SmartDownload." When the plaintiffs installed Communicator, they were 23 shown a scrollable text of the program's license agreement and were not permitted to proceed with 24 the installation until clicking "yes" to indicate acceptance. Id. at 21-22 (referring to this as 25 presentation as a "clickwrap"). In contrast, when they began downloading SmartDownload, they 26 simply clicked "download" and were not presented with a clickwrap presentation referring to or 27 including the text of a license agreement. Id. at 22. The only reference to Smart Download's license 28 terms was located in text that was only visible if the user scrolled down to another screen, which provided a hyperlink to another webpage that contained a list of links to license agreements for 7 Circuit, applying California law, held that a reasonably prudent internet user would not have known 3 or learned of the existence of the license terms before agreeing to download the SmartDownload 4 software, and therefore the defendants did not provide reasonable notice of the license terms, so the 5 plaintiff's act of downloading the software did not manifest assent to the arbitration provision 6 contained in the license terms. Id. at 20, 32 ("where consumers are urged to download free software 7 at the immediate click of a button, a reference to the existence of license terms on a submerged 8 screen is not sufficient to place consumers on inquiry or constructive notice of those terms"); see 9 generally id. at 28-35. Plaintiff also relies on cases finding insufficient notice and consequently lack 10 of assent where a link to terms of service was simply included on the bottom of a website. See, e.g., 11 For the Northern District of California various products, the first of which was applicable to SmartDownload. Id. at 23-24. The Second 2 United States District Court 1 Hines v. Overstock.com, Inc., 668 F.Supp. 2d 362 (E.D.N.Y. 2009). 12 This case is unlike Specht and Hines, where there was no requirement that the plaintiff click 13 on anything referencing terms of service, and in the case of Specht would have had to scroll down to 14 learn of the existence of terms of service and then click several times to actually view the relevant 15 terms of service. Instead, Plaintiff admits that she was required to and did click on an "Accept" 16 button directly above a statement that clicking on the button served as assent to the YoVille terms of 17 service along with a blue hyperlink directly to the terms of service. Hanley Decl. pp 4; Seabolt 18 Decl. Ex. A (Hanley Depo.) at 100-101, 108. Plaintiff's description of the "Accept" page's 19 reference to the terms of service in "grey fine print at the bottom of the page" is belied by the color 20 screenshot image provided by Zynga which makes the reference to terms of service and hyperlink 21 much more visible. See Reply at p.3. Further, Plaintiff has not provided any declaration or other 22 evidence that she did not see or agree to the TOS. 23 Cases addressing modified clickwrap presentations more similar to the one at issue here, 24 where a plaintiff was provided notice and an opportunity to review terms of service prior to 25 acceptance, have held them sufficient to put a plaintiff on notice of the terms to which she was 26 assenting. Significantly, in Register.com, Inc. v. Verio, Inc., 356 F.3d 393 (2d Cir. 2004), the 27 Second Circuit distinguished its earlier decision in Specht on the basis that the facts of Specht "did 28 not compel the conclusion that its downloaders took the software subject to those terms because there was no way to determine that any downloader had seen the terms of the offer." Id. at 402. In 8 1 contrast, the facts of Register.com were "crucially different" because the user saw the terms of the 2 offer and admitted that it was aware of the terms. Id. The Second Circuit held that, where a plaintiff 3 knew the terms on which the information was offered, there is no reason why enforceability of the 4 terms should depend on whether the plaintiff was offered an "I agree" button. Id. at 403; see also 5 Cairo, Inc. v. Crossmedia Services, Inc., 2005 WL 756610, *4-5 (N. D. Cal. April 1, 2005). While 6 these cases differ somewhat since there is no admission here that Plaintiff was aware of what the 7 terms of service were (though she admittedly could have clicked on a hyperlink to review them and 8 does not deny that she did not do so), there was a click box for assent. 9 Because Plaintiff was provided with an opportunity to review the terms of service in the form of a hyperlink immediately under the "I accept" button and she admittedly clicked "Accept," the 11 For the Northern District of California United States District Court 10 cases cited by Zynga are more relevant and persuasive that a binding contract was created here. 12 Plaintiff's argument that she was not provided with sufficient notice of the contractual terms she was 13 assenting to because of Zynga's modified clickwrap presentation, and therefore is not bound by any 14 arbitration provision, fails in light of recent caselaw holding that clickwrap presentations providing 15 a user with access to the terms of service and requiring a user to affirmatively accept the terms, even 16 if the terms are not presented on the same page as the acceptance button, are sufficient. 17 2. Did Zynga Waive It's Right to Compel Arbitration By "Electing" Litigation? 18 19 Plaintiff next argues that, even if she assented to the TOS by clicking "Accept," Zynga was 20 required to elect to proceed in litigation or arbitration pursuant to the Universal TOS and elected 21 litigation, and cannot change course now. As explained above, the Universal TOS provides that a 22 user could commence litigation in San Francisco or either party "may elect to have the Dispute . . . 23 finally and exclusively resolved by binding arbitration." Hanley Decl. Ex. C ¶ 12(a), (d). Plaintiff 24 argues that she sued in court and Zynga never moved to compel arbitration or even asserted an 25 affirmative defense relating to arbitration, and instead proceeded with litigation for over a year and a 26 half. She contends that the TOS "clearly contains an election procedure that must occur at the 27 initiation of the case" and nothing allows a party to change its mind later. Opp. at. 16. She argues 28 that Zynga could have added a term allowing it the right to change its mind about arbitration following a change of law, but failed to do so. 9 1 Plaintiff misconstrues the contract language of both the YoVille TOS (which does not 2 provide for any election), and the Universal TOS (which says nothing about whether an election 3 must occur as soon as litigation is initiated or when it must occur). Additionally, paragraph 13(b) of 4 the Universal TOS prohibited Zynga from compelling arbitration of Plaintiff's class claims while the 5 class waiver term was illegal under Discover Bank, so Zynga could not have "elected" arbitration at 6 the outset. Further, as discussed in more detail below, a motion to compel arbitration prior to 7 Concepcion would have been futile, so Zynga could not have elected to compel arbitration at the 8 outset of this case. Therefore, this argument also fails. 9 3. Are Plaintiff's Claims Expressly Exempted From the Arbitration Clause? 11 For the Northern District of California United States District Court 10 Plaintiff contends that the arbitration clause contains an exception for "any Dispute related 12 to, or arising from, allegations of theft . . ." Hanley Decl. Ex. C ¶12(f). She argues that all of her 13 claims relate to "theft," because she alleges that Zynga intentionally tried to lure users to accept 14 fraudulent special offers to drive up profit. However, during oral argument she was unable to 15 explain how her allegations against Zynga regarding a fraudulent scheme to take money paid to third 16 parties constitute theft by Zynga within the meaning of the agreement. To the contrary, Zynga 17 persuasively pointed out that contract language should be interpreted in favor of arbitration, and the 18 word "theft" (or any derivative) does not appear in the complaint nor is there a claim for theft or 19 conversion. Though a somewhat close question, the Court finds that the complaint against Zynga 20 cannot reasonably be construed as including a claim for "theft," and therefore the complaint is not 21 expressly exempted from the arbitration clause. 22 4. Did the TOS Require that Plaintiff's Claims Be Litigated At the Time the Case Was Filed? 23 24 The Universal TOS section 12(e) forbids class action arbitrations. However, section 13(b) 25 provides that "[i]f Section 12(e) is found to be illegal or unenforceable then neither you nor Zynga 26 will elect to arbitrate . . . and such Dispute shall be decided by a court of competent jurisdiction with 27 the County of San Francisco, California . . ." Plaintiff argues that, taken together, these contract 28 terms mean that when her complaint was filed, she was required to litigate and neither party was allowed to elect to arbitrate. She argues that nothing in the agreement allows a later change in law 10 1 to alter the course of the required litigation, but provides no support for this argument. Further, it 2 contradicts her other arguments that Zynga could have elected arbitration from the outset so waived 3 its rights. For similar reasons as the previous arguments, this argument also fails. 4 5. Has Zynga Waived Its Right to Compel Arbitration? 5 Plaintiff next contends that Zynga waived its right to compel arbitration. "A party seeking to 6 prove waiver of a right to arbitration must demonstrate: (1) knowledge of an existing right to compel 7 arbitration; (2) acts inconsistent with that existing right; and (3) prejudice to the party opposing 8 arbitration resulting from such inconsistent acts." Hoffman Const. Co. of Oregon v. Active Erectors 9 and Installers, Inc., 969 F.2d 796, 798 (9th Cir. 1992) (quoting Fisher v. A.G. Becker Paribas Inc., 791 F.2d 691, 694 (9th Cir.1986)). Plaintiff argues that all of these factors are present. 11 For the Northern District of California United States District Court 10 Plaintiff first argues that Zynga had knowledge of an existing right to compel arbitration and 12 could have pursued arbitration when her complaint was filed because the YoVille TOS was silent as 13 to whether class arbitration was available, so Discover Bank did not necessarily preclude it. Zynga 14 persuasively counters that it cannot be deemed to have waived its right to compel arbitration when a 15 motion to compel prior to Conception would have been futile. See Conover v. Dean Witter 16 Reynolds, Inc., 837 F.2d 867 (9th Cir. 1988) (reversing finding of waiver because it was 17 understandable that defendants waited until a Supreme Court decision changing the state of the law 18 because earlier motion would have been futile). Zynga points to a post-Conception case from this 19 district denying an almost identical waiver argument where the arbitration agreement was similarly 20 silent as to class arbitration waiver. In In Re California Title Insurance Antitrust Litigation, 2011 21 WL 2566449, * 3 (N.D. Cal. June 27, 2011), the court held that "prior to the ruling in Concepcion, 22 in the absence of class-wide arbitration provision, class arbitration would not have been available. It 23 therefore would indeed have been futile for Defendants in this matter to have moved to compel 24 arbitration prior to the decision in Concepcion." Id. As in California Title, because the YoVille 25 TOS was silent as to class arbitration waiver and the Universal TOS expressly precluded class 26 arbitration, an earlier motion to compel would have been futile so there was no earlier existing right 27 to compel arbitration. See also Villegas v. U.S. Bancorp., C-10-1762-RS (N.D. Cal. June 20, 2011, 28 Order Grating Motion to Compel Arbitration) (finding no waiver of right to compel arbitration where "defendants had every reason to believe that any motion to compel arbitration would have 11 1 been soundly rejected, given then governing California Supreme Court precedent that arbitration 2 provisions purporting to waive class action rights were invalid"). 3 Plaintiff also argues that Zynga should have directly challenged the Discover Bank rule in 4 court, as AT&T did against Concepcion, or sought a stay when the Supreme Court granted certiorari 5 in that case. Plaintiff cites two cases where parties moved to stay pending the Supreme Court's 6 Concepcion decision, but in both of those cases the issues were identical to Concepcion (i.e., the 7 exact same cell phone contract provision was at issue in all of the cases). See Kaltwasser v. 8 Cingular Wireless LLC, 2010 U.S. Dist. LEXIS 62897 (N.D. Cal. June 21, 2010) (denying motion to 9 stay); Gaspar v. AT&T Mobility LLC, 2010 WL 4643277 (C.D.Cal. June 28, 2010) (granting stay). The Court will not second guess Zynga's decision to wait for a Supreme Court ruling rather than 11 For the Northern District of California United States District Court 10 move for a stay when the Court granted certiorari. 12 Second, Plaintiff contends that Zynga acted inconsistently with its known right to compel 13 arbitration by actively participating in this litigation, not asserting any right to arbitration as an 14 affirmative defense, and moving to dismiss instead of to compel arbitration at the outset. However, 15 only a few days after the Concepcion decision, Zynga acted promptly following the change in law by 16 ceasing litigation activity and moving to compel, so it acted consistently with its rights. 17 Third, Plaintiff argues that she will be prejudiced because she could have avoided litigation 18 and discovery costs if Zynga had moved earlier, and this effort "will have been for nothing if 19 Zynga's motion is granted." Opp. at 22. However, California Title rejected similar allegations of 20 prejudice, noting that although the litigation had been ongoing for some time, substantive discovery 21 had only recently begun and trial was a year away. See In Re California Title Insurance Antitrust 22 Litigation, 2011 WL 2566449, *3; see also Villegas, 10-1762-RS Dkt. No. 51 (no prejudice where 23 no cognizable injury resulting from defendant's decision not to move to compel arbitration prior to 24 Concepcion). Similarly here, while the case was filed in November 2009, little happened for several 25 months, it was not until March 2011 that the parties consented to this Court and a class certification 26 hearing date was set, and no trial date has been set. Plaintiff has not sufficiently established 27 prejudice. 28 For all of the foregoing reasons, Zynga did not waive its right to compel arbitration by waiting until the Supreme Court's decision in Concepcion. 12 1 6. 2 Is the TOS Unenforceable As Unconscionable? Finally, Plaintiff argues that arbitration should not be compelled because, even if she 3 assented to the TOS, and it applies to the dispute and Zynga did not waive its right to compel 4 arbitration, it is unconscionable and thus unenforceable under California law. Neither party 5 addresses the legal standard for unconscionability, but generally it includes both a "procedural" and 6 a "substantive" element. See Armendariz v. Found. Health Psychcare Services, Inc., 24 Cal. 4th 83, 7 114 (2000). To be unenforceable, a contract must be both procedurally and substantively 8 unconscionable. See id. 9 Neither party addressed procedural unconscionability in their papers and Plaintiff presented no evidence that might support this argument. During oral argument, when directly questioned on 11 For the Northern District of California United States District Court 10 this issue, Plaintiff still could not explain how the arbitration agreement was procedurally 12 unconscionable as applied to her. Plaintiff's unconscionability argument fails on this basis alone, 13 regardless of whether she has shown some level of substantive unconscionability. 14 For the foregoing reasons, Zynga's Motion to Compel Arbitration and Stay Litigation is 15 GRANTED. 16 IV. Super Rewards Defendants' Joinder In Motion to Compel Arbitration and Stay Litigation 17 18 Plaintiff's FAC alleges that the Super Rewards Defendants are each "an agent, employee, 19 manufacturer, supplier, distributor, designer, engineer, retailer, seller, franchisee, representative, 20 partner, joint venturer, alter ego, and related or affiliated entity or provider of services to or on 21 behalf of each of the other Defendants" who partnered with Zynga to develop the deceptive special 22 offers that Plaintiff challenges in her complaint. FAC ¶ 6, 8, 30. The Super Rewards Defendants 23 contend that their role was limited to receiving and formatting advertisements (i.e., the challenged 24 "special offers") from third-parties and making them available to Zynga, and that they implemented 25 Zynga's policies regarding the value of in-game currency received for the offers and provided 26 limited customer service relating to the currency. Marshall Decl. ¶ 2-7. 27 A. Does the Definition of "Zynga Parties" in the Limitation of Liability Section of YoVille TOS Give Super Rewards Defendants' Standing? 28 The Super Rewards Defendants have filed a joinder in Zynga's motion to compel arbitration 13 action are subject to the TOS because it defines "Zynga Parties" as Zynga and "its affiliates or 3 subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, 4 distributors, licensees or licensors" and provides that Zynga Parties shall not be liable for damages. 5 See Hanley Decl. Ex. A at 14-15. They further point out that the YoVille TOS requires arbitration 6 of all claims. Id. at 17. However, Plaintiff persuasively counters that the waiver of liability 7 provision of the YoVille TOS relied on by the Super Rewards Defendants, which defines them as 8 "Zynga Parties," is separate and distinct from the arbitration provision, and the two portions of the 9 TOS have to be analyzed separately to determine whether claims against the Super Rewards 10 Defendants are arbitrable. The portions of the TOS relating to dispute resolution including 11 For the Northern District of California and stay litigation. They argue that the YoVille TOS indicates that they are third parties whose 2 United States District Court 1 arbitration do not even refer to the "Zynga Parties." The Super Rewards Defendants do not have 12 standing to enforce the arbitration agreement simply by virtue of their having been defined as 13 "Zynga Parties." 14 B. Are the Super Rewards Defendants Non-Signatory "Agents" Entitle to Enforce The Arbitration Clause? 15 16 The Super Rewards Defendants alternatively reason that, since Plaintiff defined them as 17 "agents" in her FAC, and the YoVille TOS encompasses Zynga's "agents," they are covered by the 18 arbitration provision of the YoVille TOS and have the right to enforce it under contract and agency 19 principles even as non-signatories. The Super Rewards Defendants rely on Amisil Holdings Ltd. v. 20 Clarium Capital Management LLC, 622 F.Supp. 2d 825, 830 (N.D. Cal. 2007), where the court 21 enforced an arbitration agreement against a signatory where the non-signatories seeking enforcement 22 were individual defendant officers and managers of the company that had signed the arbitration 23 agreement with the plaintiff. The court held that "in certain circumstances, a nonsignatory can 24 compel a signatory to arbitrate based on agency principles" and that "agents of a signatory can 25 compel the other signatory to arbitrate so long as (1) the wrongful acts of the agents for which they 26 are sued relate to their behavior as agents or in their capacities as agents (Letizia) and (2) the claims 27 against the agents arise out of or relate to the contract containing the arbitration clause (Britton) 28 (consistent with the language of the arbitration clause)." Id. at 831-32. The Super Rewards defendants argue that they are being sued for actions taken in their capacity as agents for Zynga and 14 1 Plaintiff's claims arise out of the contract containing the arbitration clause because the YoVille TOS 2 applies to all "Zynga Parties." However, Amisil is distinguishable on the basis that there the alleged 3 "agents" were corporate officers and managers, while here the alleged agents are corporate third 4 parties simply engaged in arms length business transactions with Zynga, and there is no evidence 5 that they are as closely related parties as a corporation and its officers/managers. Administrators LLC, 2008 U.S. Dist. LEXIS 46443, *9 (E.D. Cal. June 11, 2008) for the position 8 that a non-signatory agent who represents the principal in dealings with third parties can bind a 9 signatory to an arbitration agreement on agency principles. However, HCC denied the non- 10 signatory independent contractor's motion to compel, because even though some of the non- 11 For the Northern District of California The Super Rewards Defendants also rely on HCC Life Ins. Co. v. Managed Benefit 7 United States District Court 6 signatories' responsibilities were "akin to those of an agent acting on behalf of a principal," 12 "California law does not permit such tenuous relationships . . . to bind nonsignatories to the 13 arbitration agreements of another." Id. at *9. Here, the Super Rewards Defendants do not explain 14 how their responsibilities were more akin to agents than independent contractors, such as those at 15 issue in HCC, and instead rely almost exclusively on Plaintiff's allegations that they were "agents" 16 in her FAC. 17 Plaintiff counters persuasively that the allegations of her FAC identifying the Super Rewards 18 Defendants as "agents" turned out to be incorrect as discovery has since revealed that they are 19 actually "independent contractors" and the Super Rewards Defendants denied in their answers that 20 they were Zynga's agents. See Parker Decl. Ex. A; Answer ¶ 30. Independent contractors do not 21 fall within the exception that non-signatory agents may be bound by an arbitration agreement. See 22 HCC Life Ins. Co. v. Managed Benefit Adm'rs LLC, 2008 U.S. Dist. LEXIS 46443, *12 (E.D. Cal. 23 2008) (emphasizing parties' own definition of themselves as independent contractors). 24 C. Are the Super Rewards Defendants Third Party Beneficiaries of the YoVille TOS? 25 26 On Reply, the Super Rewards Defendants argue for the first time that they should be allowed 27 to enforce the arbitration agreement because they are intended third party beneficiaries of the 28 agreement between Plaintiff and Zynga. See Balsam v. Tucows, Inc., 627 F.3d 1158, 1161 (9th Cir. 2010) (rejecting non-signatory's third party beneficiary argument because nothing in the agreement 15 1 supported argument that he was intended to benefit, and instead contract expressly disclaimed third 2 party rights). This is improper new argument on Reply. In any event, general references to "third 3 party content providers" throughout the YoVille TOS (though tellingly not in the dispute resolution 4 section and not in the Universal TOS) do not show that either signatory intended to give the Super 5 Rewards Defendants the benefit of the contractual arbitration provisions upon which they seek to 6 rely. 7 D. the Does it Matter if the Claims Against the Super Rewards Defendants Relate to YoVille TOS? 8 related to the contractual relationship formed by the TOS so the arbitration provision should apply to 11 For the Northern District of California Alternatively, the Super Rewards Defendants contend that Plaintiff's claims are closely 10 United States District Court 9 all parties to the litigation. They argue that the YoVille TOS arbitration provision applies to claims 12 "arising out of or relating to these Terms of Use or any of the transactions contemplated herein or 13 relating to the Service . . ." so the claims against them are covered by this TOS. See Hanley Decl. 14 Ex. A at 17. However, the case they cite for this position does not relate to claims made against 15 non-signatory third-parties, regardless of whether the claims against the non-signatories are related 16 to a contract. See Hopkins & Carley ALC v. Thomson Elite, 2011 U.S. Dist. LEXIS 38396, *9(N.D. 17 Cal. Apr. 6, 2011) (also no challenge to whether the parties had entered into the underlying 18 arbitration agreement, unlike here). Thus, even if the claims against them would fall within the 19 scope of the agreement if they were signatories, this does not aid them in establishing that they can 20 enforce the arbitration agreement against Plaintiff as non-signatories. 21 E. Should the Non-Arbitrable Claims Against the Super Rewards Defendants Be Stayed? 22 23 The Super Rewards Defendants finally argue that, even if they cannot enforce the arbitration 24 provision, the Court should use its discretion to stay any non-arbitrable claims against them while 25 arbitration between Zynga and Plaintiff proceeds because an arbitration decision may affect the 26 outcome of the claims against them or make Plaintiff an invalid class representative, and will 27 conserve judicial resources because there is a common nucleus of facts for all of the defendants. See 28 Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 20-21, n.3 (1983) (noting that: "In some cases, of course, it may be advisable to stay litigation among the 16 1 nonarbitrating parties pending the outcome of the arbitration. That decision is one left to the district 2 court (or to the state trial court under applicable state procedural rules) as a matter of its discretion to 3 control its docket."). 4 The Court agrees that the most efficient course of action is for this Court to stay the litigation 5 as to the Super Rewards Defendants while arbitration between Plaintiff and Zynga goes forward. 6 Therefore, the entire case is STAYED. 7 As discussed during oral argument, the parties shall meet and confer and report to the Court Zynga and the Super Rewards Defendants' motions. The pending motions to compel discovery, 10 cross-motion to stay discovery, and motion to hear the cross-motion to stay on shortened time are 11 For the Northern District of California by no later than August 5, 2011 regarding the status of the case in light of the Court's rulings on 9 United States District Court 8 DENIED AS MOOT. 12 13 IT IS SO ORDERED. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: August 3, 2011 _______________________________________ ELIZABETH D. LAPORTE United States Magistrate Judge


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Explore the theories of late 19th century German philosopher, Friedrich Nietzsche. Find yourself challenged by his critiques of traditional religious and ethical understandings, and discuss the meanings of some of his most prominent concepts behind "God is dead!", "Will to Power," and "Beyond Good and Evil."
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Montana Guide 2011
Get an introduction to all the natural beauty and adventure Montana has to offer in our Montana Guide 2014.
Download the entire Guide as a single PDF or separate PDFs for individual regions.
Download the entire guide (25.7 MB)
Step Out of Bounds
With more than 94 million acres of land and just over a million residents, Montana boasts more scenic views and wildlife than people.Open PDF (3.9 mb)
Glacier Country Northwest
Glacier country is the Montana that people who have never been to Montana tend to envision—woodsy, with alpine lakes and towering mountain panoramas.Open PDF (3.8 mb)
Southwest Montana
Even when you're not exploring ghost towns, checking out the old Montana Prison, or digging for sapphires, you'll stumble into history everywhere in southwest Montana.Open PDF (1.9 mb)
Central Montana
This land of wheat and mountains can take you back to a time before human civilizationOpen PDF (2.4 mb)
Yellowstone Country South-Central
Yellowstone country's appeal is a study in contrasts. one minute, you're wading into cool blue waters to cast your line; the next, soaking toastily, neck-deep in a mineral hot spring.Open PDF (4.1 mb)
Missouri River Country North-East
Missouri River country might be the last chance in the lower 48 to explore vast stretches of pristine great wide open.Open PDF (2.2 mb)
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Welcome to Kalamaki,a relaxing resort located on the south east coast of Zakynthos about 3km from the lively resort of Laganas.
Tassos villas are situated 200m from the beach, in a quiet and peaceful area, a five to ten minute walk from the main Kalamaki -Laganas street. Nightlife here is low-key, with a good choice of bars, shops, traditional Greek tavernas and restaurants offering international food.
Laganas is only a 5-minute taxi ride away for those looking for a more adventurous nightlife.
The villas are privately owned by a friendly family who is on hand with help and advice should you need it and provide a complimentary welcome pack on arrival.
They have tried to make their villas as comfortable as possible for you providing a home for your holiday.
The complex consists of three villas all suitable for up to six persons and ideal for families.
Each has two bedrooms one with a double bed and the other with two single beds, free air-conditioning, fully equipped kitchen with 4 electric rings and oven, utensils, fridge freezer, kettle, toaster and oven, private bathroom with bath and shower, television, radio, washing machine, free personal safety deposit box and spacious balconies.
Extra bedding and children's cots are available on request free of charge.
The villas are cleaned every other day and clean sheets and towels are supplied twice a week. Opposite the villas is a small shop and fruit stall for all your needs as well as daily newspaper.
The colonies of endangered loggerhead turtles that lay their eggs on the beach as well as the warm hospitality of the locals gives a traditional welcome to holidaymakers of all ages. Kalamaki's long, gently shelving beach is an extension of Laganas golden sandy coastline and is superb with crystal clear blue water.
The surrounding countryside and olive groves are breathtaking against the mountainous backdrop and are ideal for a stroll or cycle ride.
Kalamaki Beach
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Tasos Villas Apartments
For reservation and more info please contact at:
Tel: +30 6973 987 562
E-mail: email@example.com
Information Type - Please select
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Check availability and rates
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Leroy Robert "Satchel" Paige, the iconic athlete-philosopher who was probably the greatest baseball pitcher of all time, used to pass around this insightful list of "Rules for Staying Young":
1. "Avoid fried meats which angry up the blood."
2. "If your stomach disputes you, lie down and pacify it with cool thoughts."
3. "Keep the juices flowing by jangling around gently as you move."
4. "Go very light on the vices, such as carrying on in society – the social ramble ain't restful."
5. "Avoid running at all times."
6. "And don't look back – something might be gaining on you."
After such a list, the last rule is always where the thoughts reside. In this case, Rule 6 seems vaguely like a line from an old movie or a vaudeville routine, with the playful and significant substitution of the term "something" instead of "someone." (Could it be a monster? A train locomotive? A robot? A pack of wolves? Or some manner of human?)
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TGXf Project Warns of File Transfer through Screen Pixels
Weird data transfer technique avoids all standard security measures.
Industry Giants Announce a Fix for the Password Mess
FIDO alliance declares the beginning of the end for old-style login authentication.
Poll: Vote for the Best Open Source Software for Photographers
The Linux New Media Awards have honored the most significant products, projects, people, and organizations for open source/Linux every year since 2000.
Debian Gets Forked
Legendary Uber-distro splits over the systemd controversy.
Linux Mint Project Releases Mint 17.1
New LTS version offers many refinements for the Cinnamon and Mate desktops and significant improvement under the hood.
CeBIT Open Source Forum Call for Papers
One of CeBIT's most successful forums returns in 2015.
TOR Network Isn't So Anonymous
A new study says it is possible to unmask 81% of TOR users.
.NET Goes Open Source
Redmond joins the revolution by turning the .NET Core Runtime into a GitHub project.
Drupal Advisory Unleashes a Torrent of Attacks
Users only had 7 hours to update before the intrusions started.
HTML5 Gets Promoted to a Standard
It's official: The new web arrives


text: Dixons Retail Signs Agreement To Dispose Webhallen For About SEK 140 Mln 4/22/2013 4:53 AM ET Dixons Retail plc. (DXNS.L), Europe's leading specialist multichannel electrical retailer and services company, announced that agreement has been reached to sell Webhallen, a subsidiary of PIXmania S.A.S, to Komplett AS, a Norwegian based e-commerce company for a cash consideration of about 140 million swedish kronor.Webhallen, based in Sweden, predominantly sells media, games and related products from 10 stores as well as online. The transaction is expected to complete by the end of May. Click here to receive FREE breaking news email alerts for DIXONS RETAIL and others in your portfolioby RTT Staff WriterFor comments and feedback: email@example.com News


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Cartoon Network picks up rights to "How To Train Your Dragon TV" series 2
Coming in 2012
The Legend of Spyro: The Eternal Night, starts the game off with a recap from the last game, where Spyro defeated the evil dragon Cynder. After Spyro defeated Cynder, she turned into a little dragon, just like Spyro. When Spyro saw that she was like him, he had to save her from the dark power.(…)


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Fleet and Family Support Programs
Great Life Hawaii is one of the greatest resources for a member and family moving to Oahu. This website has information that cover all facilities and services offered by MWR, Fleet Family Support Center, Navy Housing and Navy Lodge. Take the time to review this website prior to your PCS move, the information on setting up Daycare, local housing, job opportunities and recreation possibilities in Hawaii. www.greatlifehawaii.com
Pay and Allowances
Interested in how much more you will get paid in Hawaii. Check out the DOD Allowances page, you wont be disappointed. Cola http://perdiem.hqda.pentagon.mil/perdiem/ocform.html type HI009 in the Locality code BAH http://perdiem.hqda.pentagon.mil/perdiem/bah.html type 96786 for the Zip Code (all of Oahu receives the same BAH.
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Morale, Welfare, and Recreation
NCTAMS PAC offers a wide variety of fitness and leisure activities. From a pool for the aquatically inclined to bowling lanes for the indoor types, there is something for everyone. Nestled adjacent to the pool and the CBQ main office lies the NCTAMS PAC gateway to leisure activities galore - MWR Great Escapes. Although the facility is humble, MWR Great Escapes has an outstanding staff standing by to assist! With a prolific palate of offerings, there is sure to be something to satisfy all interests, from dinner in Waikiki to surfing classes on the North Shore. For more information regarding MWR offerings, please visit their website.
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US Navy | US Marine Corps | Navy Reserves
Individual Augmentee | Section 508/Accessibility


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Don't blame UPS, FedEx delivery drivers for late gift shipmentson December 26, 2013 @ 10:09 am (Updated: 11:39 am - 12/26/13 )
Combine those factors with winter storms that have plagued much of the country over the past few weeks - there were bound to be some delays in shipping gifts. Now thousands are complaining that there Christmas presents weren't under the tree in time.
UPS and FedEx aren't saying how many packages were delayed but noted it was a small share of overall holiday shipments.
But before you yell at your local UPS or FedEx delivery-person, just pulling up now in your driveway with your daughter's Barbie Dreamhouse, make sure you're not taking out on the wrong person.
Today, Jeff wrote into the Tom & Curley Show with this note:
I'm a driver for UPS. You trashing my company in the national news hurts the public face of UPS the most. The drivers are who people see, are who people talk to. Most of us worked very long hours to get every package that was put on our trucks delivered. We all gave up our Christmas Eve to get many last minute presents delivered. Please consider whose feet you're holding over the fire when you report UPS didn't deliver your presents. There will be no CEO's getting yelled at and tons of drivers taking all the heat.
"Jeff, I couldn't agree with your more," Curley said after reading the letter.
If you have experienced a shipping delay, instead of taking it out on your local delivery men and women, check to see if the retailer is offering a coupon to make up for the circumstances.
Amazon.com has been notifying some customers affected by the UPS delays that it will refund any shipping charges and is giving them a $20 credit toward a future purchase.
Amazon spokeswoman Mary Osako said the company processed orders and got them to its shippers "on time for holiday delivery" and is now "reviewing the performance of the delivery carriers."
While some customers may get money back, they might think twice about ordering online next year.
UPS did not make pickups or deliveries Wednesday. Extra workers were being brought in Wednesday night to the company's hub in Louisville, Ky., to sort packages for Thursday and Friday delivery.
UPS spokeswoman Natalie Godwin said "UPS will honor its peak shipments commitments" to customers who used its air delivery service. Those shipping by ground have no guarantee past Dec. 11. Godwin said she didn't know if customers would receive refunds.
Read more:
Santa's sleigh delayed after snags at UPS, FedEx
The Associated Press contributed to this report.
Alyssa Kleven is an editor and content producer at MyNorthwest.com. She enjoys doting over her adorable dachshund Winnie - named for Arcade Fire front-man Win Butler.
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text: 2014, we continue with renewed efforts Submitted by jeetu on Mon, 06/01/2014 - 14:59 Welcome 2014!!!...and I welcome the promise it brings with it, the opportunity of renewed efforts it presents in trying to bring to reality a dream. A dream where people can use software with each other. This dream to Work.Play and Learn...together and our journey so far could not be achieved without so many people that have contributed to our own work and other projects we have benefitted from. We thank everyone in the open source community from which we have benefitted so much - personally and for eBrainPool. Read more about 2014, we continue with renewed effortsAdd new comment


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(906) 250-1052
Visit Website
The South Central Shore of Lake Superior around Marquette is full of beautiful and historic places which are best seen from the water. Come aboard with Daybreak Charters and let Captain John show you places like the Huron Islands and Huron Island Lighthouse, Granite Island Light, Big Bay Light, Granot Loma, and the Marquette Harbor Lighthouse and Iron Ore Docks. Bring your camera and prepare to see some of the most beautiful and important pieces of Lake Superior history!
Marquette Harbor Cruises
Toll Free 855-868-2628
Visit Website
Public Tour – Marquette Harbor Cruises offers a daily 2-hour narrated tour. From the wide open decks of the Isle Royale Queen III you will experience unique landmarks while you cruise this picturesque shoreline.
Private Charter – The Isle Royale Queen III is also available for private charters perfect for weddings, family and friends gatherings, reunions or business events.
Superior Odyssey (Coaster II)
(906) 361-3668
Visit Website
On a Superior Odyssey charter or cruise you can sail on the historic schooner Coaster II into the wilds and most ruggedly beautiful seascape of Lake Superior.
Choose a sail of your liking or customize a sail to fit your event. Ideas: Weddings, Theme Parties, Birthdays, Photo Opportunities, Corporate Events or Meetings, Team Building, Memorial Service, Anniversaries, Art and Photography.


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Book your room at La Quinta Inn Chicago Willowbrook
We are unable to search for rooms at this time. Please try again in a few minutes.
Willowbrook hotel with a health club
Situated in Willowbrook, this hotel is close to Willowbrook Community Park, National Shrine of St. Therese, and Creekside Park. Area attractions also include Twin Lakes Park and Twin Lakes Golf Course.
Hotel Features
In addition to complimentary wireless Internet access, La Quinta Inn Chicago Willowbrook provides complimentary high-speed (wired) Internet access, laundry facilities, and free self parking.
Room Amenities
Televisions come with premium cable channels. Guestrooms also feature complimentary wireless Internet access, complimentary high-speed (wired) Internet access, and air conditioning.Information missing or incorrect? Tell us!
At your hotel
At your hotel
A complimentary breakfast is offered. Public areas are equipped with complimentary high-speed wired and wireless Internet access. This Willowbrook hotel also offers a health club, multilingual staff, and coffee/tea in the lobby. Complimentary self parking is available on site.
- 24-hour front desk
- Total number of rooms - 130
- Laundry facilities
- Coffee/tea in lobby
- Number of floors - 3
- Elevator/lift
- Health club
- Multilingual staff
- Free self parking
- Free breakfast
- Free Wi-Fi
- Free wired high-speed Internet
Stay connected
Available in all rooms: Free Wi-Fi , Free wired high-speed Internet
Available in some public areas: Free Wi-Fi , Free wired high-speed Internet
Park your car
Free self parking
In your room
- Premium TV channels
- Air conditioning
- Climate control
- Phone
- Free local calls
- Coffee/tea maker
- Daily housekeeping
- Hair dryer
- Shower/tub combination
- Cable TV service
- Iron/ironing board
- Desk
- Rollaway/extra beds available
- Cribs/infant beds available
- Free Wi-Fi
- Free wired high-speed Internet
Eat and drink
Guests are offered a complimentary continental breakfast.
The recreational activities listed below are available either on site or nearby; fees may apply.
- Golfing nearby
- Bicycle rentals nearby
- Hiking/biking trails nearby
To make requests for specific accessibility needs, complete the "Special or Accessibility Requests" section of "Trip Preferences" when you book your hotel.
- Accessible bathroom
- Accessible parking
The fine print for La Quinta Inn Chicago Willowbrook
When you arrive
Check-in time starts at 3 PM
When you leave
Check-out time is noon
How you can pay
Your pets
Pets allowed
You need to know
Extra-person charges may apply and vary depending on hotel policy.
Government-issued photo identification and a credit card or cash deposit are required at check-in for incidental charges.
Special requests are subject to availability upon check-in and may incur additional charges. Special requests cannot be guaranteed.


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Man accused of selling drugs in Utica pizza parlor
Credit: (Photo Courtesy of Utica Police Department)
UTICA, N.Y. (WKTV) - A man is facing charges after authorities say he was selling drugs in a Utica pizza parlor. Officers responded to Knock Out Pizza on Eagle Street in Utica around 1:30 p.m. For the report of a man inside the restaurant selling drugs. When they arrived, they spoke with Meris Alibasic, 19, of Utica, who said he did nothing wrong and that the officers could search him. Police say they found that Alibasic had a large sum of money and was wearing two pairs of pants. Within one of the pairs of pants they found he had a baggie that contained a quantity of a substance believed to be heroin. Alibasic has been charged with seventh, fifth and third-degree criminal possession of a controlled substance.


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U.S. Census Bureau Daily Feature For May 6
WASHINGTON, May 6, 2013 /PRNewswire-USNewswire/ -- Following is the daily "Profile America" feature from the U.S. Census Bureau:
(Logo: http://photos.prnewswire.com/prnh/20110428/DC91889LOGO)
Profile America — Monday, May 6th. This is National Nurses Day — kicking off a week honoring the outstanding efforts of nurses in helping to keep Americans healthy. The observance ends next Saturday, the birthday of Florence Nightingale, who established the world's first nursing school in England in the 19th century. In the U.S., there were some 12,000 registered nurses by 1900. Today, that figure is over 2.6 million. As their numbers have grown, so have nurses' responsibilities, keeping up with increasingly complex medical technology. They not only work in the nation's nearly 6,500 hospitals but are on duty in more than 76,000 nursing homes and residential care facilities across the country. You can find more facts about America from the U.S. Census Bureau, online at www.census.gov.Sources: Bureau of Labor Statistics Historical Statistics of the United States: Colonial Times to 1970, p. 140 2007 Economic Census, NAICS 622110 2007 Economic Census, NAICS 623 Profile America is produced by the Center for New Media and Promotions of the U.S. Census Bureau. These daily features are available as produced segments, ready to air, on a monthly CD or on the Internet at http://www.census.gov (look for "Multimedia Gallery" by the "Newsroom" button). SOURCE U.S. Census Bureau
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Book your room at Britannia Hotel Coventry
Standard Double or Twin RoomMax Occupancy: 2 guests (up to 1 child, 1 infant)
Single RoomMax Occupancy: 1 guest
Hotel in Coventry near Coventry University
Located in the heart of Coventry, this hotel is steps from Coventry Transport Museum and Coventry University. Also nearby are Coventry Cathedral and Lady Godiva Statue.
Hotel Features
In addition to a restaurant, Britannia Hotel Coventry features a bar/lounge. Other amenities include a coffee shop/café and complimentary wireless Internet access.
Room Amenities
Guestrooms have coffee/tea makers, desks, and hair dryers; rooms also include private bathrooms and televisions.Information missing or incorrect? Tell us!
At your hotel
At your hotel
The hotel offers a restaurant and a coffee shop/café. A bar/lounge is on site where guests can unwind with a drink. This 3-star property offers access to a business center and meeting rooms.
High-speed wireless Internet access is complimentary. 12 meeting rooms are available. This business-friendly hotel also offers dry cleaning/laundry services and room service (during limited hours).
- Business center
- Free Wi-Fi
- Number of meeting rooms - 12
- Meeting rooms
- Breakfast available (surcharge)
- Number of floors - 7
- Number of buildings/towers - 1
- Restaurant
- Coffee shop or café
- Conference space
- 24-hour front desk
- Bar/lounge
- Total number of rooms - 211
- Luggage storage
- Dry cleaning/laundry service
Stay connected
Available in some public areas: Free Wi-Fi
In your room
- Cribs/infant beds (complimentary)
- Desk
- Rollaway/extra beds available
- Separate bathtub and shower
- Private bathroom
- Room service (limited hours)
- Television
- Hair dryer
- Coffee/tea maker
Eat and drink
Bentleys Restaurant - This restaurant specializes in British cuisine and serves breakfast, lunch, and dinner.
Daimlers Bar - This bar specializes in British cuisine and serves light fare only.
Room service (during limited hours) is available.
The fine print for Britannia Hotel Coventry
When you arrive
Check-in time starts at 2 PM
When you leave
Check-out time is 11 AM
How you can pay
Your pets
Pets allowed, Only dogs and cats are allowed, Maximum number of pets per room 1
You need to know
Extra-person charges may apply and vary depending on hotel policy.
Government-issued photo identification and a credit card or cash deposit are required at check-in for incidental charges.
Special requests are subject to availability upon check-in and may incur additional charges. Special requests cannot be guaranteed.
- No onsite parking is available.
- Breakfast fee: GBP 10.95 per person (approximately)
- Pet fee: GBP 10 per pet, per stay (maximum GBP 25 per stay)
- Rollaway bed fee: GBP 10 per night


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After spending some time working with KVM on Ubuntu (see this post), I thought it might be worthwhile to try the same thing on a different Linux distribution. I like Ubuntu (generally), but wanted to try it on a Red Hat/CentOS system. So, here's a look at installing KVM on CentOS 6.3. To be honest, it's actually pretty simple. For another look at the process, see this HowtoForge post.
For reasons that will become clear in a future post, I did not install Open vSwitch during this process. (Short story: There's a known bug in Open vSwitch caused by a backport of a kernel fix to the kernel version used by RedHat/CentOS 6.3, and I haven't been able to find a fix yet.)
I started this process with a minimal install (the default option) of 64-bit CentOS 6.3.
First, use
yum groupinstall (handy feature, by the way) to install the virtualization-related packages (line-wrapped here for readability):
yum groupinstall Virtualization "Virtualization Client" \ "Virtualization Platform" "Virtualization Tools"
This page breaks down these four groups and lists the individual packages contained in each.
However, the
libvirtd daemon wouldn't start after this process. In reviewing the log files (found, by default, at
/var/log/libvirt), I found that it was failing due to a problem with multicast DNS (mDNS). That was fixed with:
yum install avahi service start avahi-daemon
This site alluded to the need for
avahi to be installed, but I was a bit surprised that it didn't get installed automatically during the
yum groupinstall process. Once
avahi was installed,
libvirtd started cleanly. I was then able to run
virsh without any issues or errors.
Normally, from here you'd continue with setting up a Linux bridge, etc. I stopped here with the intention of first upgrading libvirt to the latest build and then installing Open vSwitch, but there are plenty of other "how to's" that outline any additional follow-up steps.
I hope this helps someone!
Tags: CentOS, KVM, Linux, OSS, Virtualization
2 comments
Would be interested in how you go and/or if you have looked at playing around with oVirt http://www.ovirt.org using their Hypervisor node. I've ran out of time and have limited hardware to get this up and running, but to me it shows tremendous potential and I'm hoping once it matures more I can replace my home ESXi5 (free) configuration with something like this or an Open Source alternative.
This blog post is helpful as well: http://blog.jebpages.com/archives/up-and-running-with-ovirt-3-1-edition/
What do you think?
I'm a little late to this party. However, have you looked into proxmox ve?
This is a free bare metal virtualization solution that comes with lots of goodies including: kvm and openvz virtualization, complete web-based management, integrated backup with scheduler, free Linux templates, windows virtualization.


text: This is a report about the domain zakafama.com. We estimate that zakafama.com is worth about $27,970 USD. This site has a Google Pagerank of 0 and is active on the IP 126.96.36.199. The Alexa ranking was 51081 since the last update. You can see below various informations such as traffic stats or backlinks and indexed pages about Zakafama.


text:
Introducing myself and my journal: The leaders
About Me:
i passionate to raise voice for women issues ,secure from violance ,buid a leadership skiis
My Passions:
My Challenges:
work in community for rural women and children and woman empowerment
My Vision for the Future:
to work for vulnerable women in community
My Areas of Expertise:
women leadership and woman empowermentempoerment
Hello friend, Welcome to
Hello friend,
Welcome to World Pulse online community! It is great to have you here. It is a platform where you can share, raise your voice, and change your community. I encourage you to explore the website since it has very many resources to harness. Be sure to build your online community of women from around the world. I am sure you will get to meet many women on World Pulse who are active in their community too.
I will be glad to hear more from you.
Hey there! Welcome to
Hey there! Welcome to PulseWire!
It's so exciting having you with us, I am sure you will have a fabulous time with your new online friends as well as find this to be a very positive experience. I encourage you to take advantage of the numerous resources and features available through our vibrant online community.
Welcome again to our global community and I look forward to hearing more from you here on PulseWire!
Welcome to World Pulse!
Welcome to World Pulse. You've joined us at a perfect time. We have just launched our Girls Transform the World Campaign all about barriers and solutions for girls when accessing education around the world. I hope you are able to add some words of your own either through a story about yourself or others you know, and by sharing and commenting on stories you read through the campaign!
I look forward to hearing your voice!
Kathy Grantz
World Pulse


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..*Feeling Like My Old Self*..
..*FINALLY..it has all come back to me!!...guess post partum has its own ways of thinking for you and taking over your mind!!..but i got my old self back where i want to be!!...YES!!...i dont feel like all i do is help other people,..i dont feel like i am alone when it comes to rasing Laci i dont feel like the person i did when i was pregnant i feel good...having a baby is a WONDERFUL thing and it makes you know who you are and what you want to do with yourself...and i love that so much she was a HUGE WONDERFUL gift from God!!...i think all people need a baby when they are lost and alone...they know they have them to look forward to everyday and to live for!!...but it has just hit me last week i guess that i wasnt the same ol sad sappy person anymore...i am ME again!!..the only person i know to be the only person i should be and the only person i want and am going to be!!...i had soo much fun these few couple of days and i thank my friends so much!!...there is never enough thanking you can ever do for thanking your friends for all that they do for you and all that they are here for you for!!..tonight i know is going to be even better because we have kinda the same ol night except more people and better things to do!!....i get to ride again on the bikes and play in the mud and all the fun things country girls do!!...haha...well i am going to go now..i am going to go shopping!!..i ate at ponderosa and it made me SICK..Melissa ate like a pregnant cow...haha!!...but seee ya!!...HaLLa*..
(Reply to this) (Thread)
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Swedish writer from my childhood, brings back good literary memories. It's about a sad orphan boy who is brought by a genie to his real father in another world. The reason he is there is to win a battle over some awful and powerful man. On his way he meets people with each their special thing, who helps him. Really classic fairy tale.
prinsessemarie has written 4 entries about this goal
Re-read this one, and enjoyed it as much as the last time. A strong novel about a young Brazilian girl going to Switzerland and becomes a prostitute. I like how his novels are so inspired and partly/loosely based on true stories.
Recommended by my little sister. Read it over the weekend. Kind of annoying at first, but then it grew to be amazing and lovely. The kind of story that stays with you for a long time.
Stole/borrowed this book in El Zonte, El Salvador, when I was there this winter. A beautiful and catching novel. I wish I didn't read it so I could read it again for the first time.
prinsessemarie has gotten 2 cheers on this goal.
- sitruunapuu cheered this 2 years ago
- Ru cheered this 2 years ago


text:
This page contains Mario Smash Football Hints for Gamecube called "Easy goals" and has been posted or updated on Mar 14, 2007 by dbikeboy. Let us know what you think of this Hint by thumbs voting.
- Developer: Next Level Games
- Publisher: Nintendo
- Genre: Sports Traditional Soccer
- Release Date: Dec 5, 2005
- ESRB: Everyone
Easy goals
To do this trick you need to be a team captain. go up to the goalie and charge your shot at him. dont do a super strike, because he will stop you. but charge it to the MAX, and fire. he will get dizzy. get the ball, and shoot it into the goal. it is tricky, but you will get it eventually.
More Hints
Back to all Cheats
Stuck on this game? Set a specific, clearly defined question and let others answer your question or view answers to previously asked questions. If you think you are an Mario Smash Football expert then please try to help others with their questions.
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Alleged Madonna Stalker Arrested Outside Her New York Apartment
By Daniel Gates | 2:09 pm, September 22nd, 2010
A retired New York firefighter obsessed with Madonna has been busted again outside the pop queen's Manhattan apartment.
Police took Robert Linhart, who had two knives on him, into custody on Tuesday for the second time in just four days after his Toyota SUV was spotted displaying passionate signs directed at the superstar.
"Madonna, I need you," read one.
"Tell me yes or no. If it's yes, my dream will come true. If it's no, I will go. XXX," Linhart also wrote.
He was charged with counts including criminal weapons possession, disorderly conduct and resisting arrest.
When cops hauled Linhart away for the first time, on Saturday, they charged him with disorderly conduct, criminal mischief and resisting arrest.
Linhart retired from the FDNY in 1998.
Follow @GossipCop on Twitter for accurate celebrity news!
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text:
I am currently a very lowly #8559. Will do another four problems tomorrow.
I'm still getting wrong-answer on my solution for 10267. I hope this
isn't another Java/C thing. I'll translate my program tomorrow,
although it's not half as fun in C…
Grrrr, not reading specs well enough…
E-Mail from Valladolid Online Judge
Got the Interpreter (10033) problem on the first try! =)


text:
404 File Not Found
Host by NetBox Version 2.8 Build 4128
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The first "no" you receive when you ask your dream client for their time is usually neutral. The first "no" doesn't mean that your approach is wrong or ineffective. That "no" most likely means that your dream client already has a partner, receives way too many calls, can't … [Read more...]
What You Do Between the No Answers
July 2, 2014 by S. Anthony Iannarino
Filed Under: Opening Opportunities, Prospecting, Sales 3.0 Tagged With: appointment setting, Be Worth, Check Ins, cold calling, Meeting, No Answer, Nurture, phone skills, Spending Time
How to Connect with Hard to Reach Clients
May 1, 2013 by S. Anthony Iannarino
There are reasons that your hard to connect with dream clients are hard to reach. They have too much work, too little help; they're being asked to do more with fewer resources. They are time-starved. They don't really buy what you sell. They don't hear anything in your message … [Read more...]
Filed Under: Cold Calling, Prospecting, Sales 3.0, Social Media Tagged With: appointment setting, b2b, cold calling, Connecting With Client, email, Hard To Reach, Nuisance, Persist, prospecting, sales, selling, Voicemail