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Terms Of Service
Last Updated: 13 August, 2012
Atrecto Innovations Corp., ("Attrecto") currently provides users with access to, and use of, information regarding various products and services on its web site located at instappbuilder.com ("InstApp"). InstApp and all products or services offered therein are referred to collectively as the "Service".
The Terms of Use, containing the terms, conditions, notices and agreements below (collectively, "Terms"), together with the Privacy Policy, govern your use of the Service as well as all submission, transmission or posting of any information, data or materials in any way, whether on the InstApp, via the Service, or via any Application (as defined below), or on any message board, chat room, or in any other form or manner. In the event of any conflict between anyone or more provisions in the Terms and in any other document or agreement between Attrecto and you related to a specific product or service offered on or through the Service, the provision in the Terms shall govern. Please note that other Attrecto web sites may be governed by separate policies. When visiting any other Attrecto web site, please refer to its Terms of Use. In the event of a conflict between the provisions in any other Terms of Use and these Terms, the more specific provision shall apply.
The Service is offered to you conditioned solely upon your acceptance of the Terms without modification or reservation. Any and all rights not expressly granted in the Terms are expressly reserved by Attrecto. Your use of the Service means you agree to all of the Terms and agree to them without modification or reservation.
By using the InstApp, you certify that you are above the age of majority in your state of residence. If you are under the age of majority but at least 13 years of age you may use the InstApp only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service. If you do not agree to (or cannot comply with) any of these terms and conditions, you are not permitted to register or use the InstApp. Attrecto does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the InstApp and parents or legal guardians may not agree to these Terms on their behalf.
There are several additional words that are used in these Terms that have a specific meaning in these Terms. The words defined in this section shall have the following meanings in these Terms, unless to do so would be contrary to the clear intent of these Terms:
"Application" (often referred as "App") means a computer software program designed to assist an end-user in performing singular or multiple related specific tasks on a mobile device, whether for entertainment, gaming, business, utility, information, or otherwise, which program has been developed by a user using the Service, whether or not such Application has been submitted to or published by any Application Store (defined below) to be available for downloading by end-users. The term "Application" shall include all related User Content (defined below) and source code used by the relevant user to create the Application.
"Application Store" means a digital distribution platform, whether via mobile application or online via a website that enables end-users to browse, review, and download (whether free or at a cost) mobile applications directly to a mobile device or to a personal computer or computing device and that supports mobile applications developed using platforms available on the InstApp.
"InstApp Content" means all software and mobile application development tools, other proprietary tools, editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material provided by or on behalf of Attrecto on the InstApp, as well as the computer programs used to generate the pages on the InstApp.
"User Content": Means any editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material that any user posts or transmits on the InstApp but expressly excludes all InstApp Content.
"You", "your" and "user": Means all individuals and/or entities in whatever form accessing or using the Service for any reason.
You acknowledge that the Service is made available to you and provide to you based on the information that you provide upon registration as a user of the Service. Therefore, you agree and warrant that all registration information provided by you through this Web Site will be truthful, accurate and current and that you will update all registration information as and when necessary to keep it truthful, accurate and current. Providing any untruthful or inaccurate information may constitute a breach of these Terms. You are responsible for the security of your user name, password and account, and for any use of your user name, password and account. If you become aware of any unauthorized use of your user name, password and account, or other breach or compromise of security, you agree to notify Attrecto promptly. However, you may be held liable for losses incurred by Attrecto or any other user of or visitor to the InstApp due to someone else using your InstApp.com user name, password and account. Only one registration is allowed per person and your registration is personal to you and cannot be transferred to any other person. You may not use anyone else's InstApp.com password or account at any time. In addition, you should not use anyone else's InstApp.com password or account at any time. Attrecto cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
A basic level of Service is offered to registered users without any monetary consideration, in exchange for (a) users' agreement to allow Attrecto to insert banner or other advertisements, of Attrecto's sole selection and at its sole discretion, in any Applications that are submitted on behalf such users to available online Application Stores and/or InstApp and (b) the licensed granted by users to Attrecto with respect to their Applications and User Content in the section captioned "LICENSES AND RIGHTS GRANTED TO ATTRECTO" below, whether or not any such Application has been submitted to or published by any Application Store. If you do not want to publish your Applications to available Application Stores with advertisements inserted by Attrecto, (a) do not use the "PUBLISH" feature, or (b) purchase the "NO ADS" feature in order to avoid advertisements (except the "powered by Attrecto" line on the splash screen). InstApp currently supports only the publication of free-to-end-user Applications to available. You may publish the Application by your own with Attrecto's prior express written permission only.
Attrecto makes no promises, representations, warranties, guarantees or other assurances that any Application will be approved for publication by any Application Store. Submission and approval to an Application Store may take several weeks and there is no guarantee that an Application will be approved. Attrecto has no control over the approval processes employed by any Application Store. Attrecto has control over the approval processes employed by InstApp.com. If your Application is approved, Attrecto will attempt to notify you by sending you an e-mail, with a link to your Application. Attrecto will attempt to submit an Application to a relevant Application Store no more than once; if the approval fails Attrecto will inform you. Application Store disapproval does not necessarily results in the disapproval of publishing on InstApp.com. Attrecto does not guarantee you that your Application is available on its server longer than 3 month. In order to access your application for modification, download or publish you need to subscribe for the Service. Only full service contains 1 year availability for modification.
If for any reason you aren't fully satisfied with your app, we will provide a refund, with the following terms and conditions:
Your complete satisfaction is important to us. If you are not completely satisfied with your InstApp application, contact us within 72 hours after building the app, for a refund of 100% of your payment.
If you aren't fully satisfied with your app , please contact us at firstname.lastname@example.com with "I want a Refund" in the subject line
You will receive your refund within 7 days of the receipt of your request.
We are unable to issue any refunds after the 72-hour-period
If your account has been banned by us, you will not be eligible to receive any refunds
Your visit to the InstApp is subject the InstApp Privacy Policy, and its terms are made a part of these Terms by this reference. You agree to the use of your personal information and other data in accordance with the InstApp Privacy Policy, as updated from time to time. Additionally, by using the InstApp, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the InstApp may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
The InstApp, in its entirety, (except for User Content), including the InstApp name and logo, and all other InstApp Content, site design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the "look and feel" of the InstApp (including color combinations, layout, design and all other graphical elements), are the sole property of Attrecto and/or its affiliates, licensors or other content suppliers and are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied, used or re-used for any purpose not expressly authorized in these Terms is strictly prohibited without Attrecto's prior written permission. Please contact firstname.lastname@example.com to request permission. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Material published by Attrecto on the InstApp may contain other proprietary notices or describe products, services, processes or technologies owned by Attrecto or third parties. Nothing in the Terms or through the use of the Service shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of Attrecto or any third party, except as expressly set forth and granted in the Terms. It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the InstApp. You must retain all copyright, service mark, trademark, and other proprietary notices contained on the InstApp on any copy you make of the InstApp Content.
You are granted a personal, non-exclusive, non-assignable, non-transferable, limited, royalty-free, revocable license to use the software and tools provided by Attrecto as part of the Service for the sole purpose of enabling you to develop Applications to run across various mobile platforms supported by the InstApp and to be submitted at your option by Attrecto to one or more Application Stores for publication, solely in the manner permitted by these Terms. This license is not a sale of any of the respective intellectual property owner's rights. The Service may be used only by you and you may not rent, lease, lend, sub-license, or transfer the Service or any data or InstApp Content residing on it or any of your rights under the Terms to anyone else, nor may you make the Service available to anyone else on a "service bureau" basis or in exchange for any compensation to you. Except as otherwise expressly provided herein or with Attrecto's prior express written consent, you may not modify, copy, distribute, transmit, broadcast, publish, upload, share, publicly display, "mirror," perform, reproduce, use, publish, license, create derivative works from, make representations or warranties regarding, transfer or sell any InstApp Content or User Content contained in the InstApp in any other computer, server, web site, or other medium or for any commercial enterprise. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the InstApp. You may not transfer to or store any data residing or exchanged using the Service, including any Application, in any electronic network for use by more than one user unless you obtain prior written permission from Attrecto. Please contac firstname.lastname@example.com to request any required permission.
Except as provided in the following paragraph, Attrecto acknowledges and agrees that it claims no ownership or control and it does not obtain any right, title or interest from you under these Terms in or to any User Content that you post, upload or submit to the InstApp or any Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Application and your User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You retain copyright and any other rights you already hold in the Application and your User Content, and you are responsible for protecting those rights, as appropriate. Unless you have agreed otherwise in writing with Attrecto, you agree that you are responsible for protecting and enforcing those rights and that Attrecto has no obligation to do so on your behalf. If you create an Application to share with other users of the Service, you may determine with whom you share the Application and your User Content and grant to such users a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application and your User Content, subject to the license granted to Attrecto in the following section.
By creating, posting or displaying the Application on or through the Service you grant, and agree to grant, a worldwide, royalty-free, non-exclusive, sublicensable (through multiple tiers), irrevocable, and transferable license, without additional payment or other consideration of any kind, or permission from or notification to you or any third party: to Attrecto, to use, reproduce, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, and combine with other works, the Application and your User Content for the purpose of enabling Attrecto to provide the Service to you, including storing the Application and your User Content on its servers; to Attrecto, to use, reproduce, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, and combine with other works, the Application and your User Content for the purpose of promoting and redistributing all or part of the InstApp in any media formats and through any media channels without restrictions of any kind; to Attrecto and each user of the InstApp to access your User Content that is not password protected through the InstApp; and to Attrecto to use, in its sole discretion, the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of your Application in presentations, marketing materials, customer lists, financial reports and InstApp listings (including links to your web site, if any) for the purpose of advertising or publicizing your use of the Service, subject to such reasonable quality controls or guidelines for such use as you may provide to Attrecto in writing from time to time; and In addition, you hereby grant to Attrecto a worldwide, royalty-free, exclusive, irrevocable license, without additional payment or other consideration of any kind, or permission from or notification to you or any third party, to insert, display and publish into in any Application(s) that you create and elect to publish to InstApp.com or any Application Store, third party or other advertising content selected by Attrecto in its sole discretion.
Some of the features of the InstApp or the Service may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, feedback, or advice ("User Submissions"). You acknowledge and agree that: Your User Submissions are entirely voluntary. Your User Submissions do not establish a confidential relationship or obligate Attrecto to treat your User Submissions as confidential or secret. Attrecto has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions. Attrecto may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
The Service may be used only for lawful purposes. As one of the conditions of your use of the Service, you represent, warrant and agree that you shall not use (or plan, encourage or help others to use) the Service for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls. Any and all information posted on the InstApp by you must comply with all applicable international, national, state, and local laws, regulations, rules, and ordinances. It is your responsibility to ensure that your use of the Service complies with the Terms and to request prior written permission from Attrecto for any uses not permitted or expressly specified in the Terms. Please contact firstname.lastname@example.com to request permission. You understand that all User Content whether publicly posted or privately transmitted, as well as any Application created, transmitted or displayed by any person while using the Service, are the sole responsibility of the person from which such User Content or Application originated (and that Attrecto has no responsibility to you or to any third party for such User Content and/or Applications). You, not Attrecto, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available using the Service, as well as any Application that you create using the Service, including but not limited to their legality, appropriateness and non-infringement of third party intellectual property rights. Without limiting the foregoing, you agree that, by submitting (or uploading) User Content to the InstApp, you warrant and represent that you own the copyright and all other intellectual property rights with respect to the User Content or have received permission to submit the User Content from the owner(s) of such rights. You further agree that any Application that you create using the Service shall not infringe upon or violate the intellectual property rights or other rights of any third party. Should your User Content or Application include a link to any content of any third party, you are solely responsible for acquiring consent for creating such link prior to making this available if consent is required by applicable legislation or terms of use associated with the linked web pages or applicable laws. Attrecto accepts no responsibility for the opinions and information posted on the InstApp by others. You acknowledge that the security mechanisms of the Service have inherent limitations, and you are solely responsible for determining if the use of the Service sufficiently meets your needs. You agree that Attrecto has no responsibility or liability for the deletion or failure to store your User Content and/or Application(s) and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your User Content and/or Application(s). You further agree that you are solely responsible for (and that Attrecto has no responsibility to you or to any third party for) any breach of your obligations under these Terms, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Attrecto or any third party may suffer) of any such breach.
While using the Service, you shall not do any of the following:
Respond to any commercial opportunity on the Service for any reason other than to utilize the products or services offered.
Sell or lease, other than through Attrecto as provided in these Terms, any advertisement space to be used in or in connection with the Service or your
Application or place or display any advertisement in the Service or your Application.
Post or transmit any incomplete, false, or inaccurate information.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in whatever form.
Send unsolicited e-mail, telephone calls, mailings or other material to any other users of the Service.
Post or transmit any User Content or Application that you do not have a right to reproduce, display or transmit under any law, regulation, or rule, or under any contractual or fiduciary relationships.
Use the Service's communications features in a manner that adversely affects the availability of its resources to other users (for example, continuous posting of repetitive or duplicative text).
Upload or transmit any User Content, or create any Application, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way, or that may invade the right of privacy or publicity of any other person or entity in whatever form.
Post or transmit any User Content, or create any Application, that encourages or solicits criminal activity or that assists in any way in committing criminal activity.
Upload or transmit any User Content, or create any Application, which infringes any patent, copyright, service mark, trade secret, trademark, or other proprietary rights.
Delete any attributions, legal notices or proprietary designations or labels that you upload to any portion of the Service.
Delete or revise any material posted by any other person or entity in whatever form.
Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, such as opinions or notices, commercial or otherwise.
Post or transmit any User Content, or create any Application, which contains a virus, worm, Trojan horse, or any other malicious or corrupted code or data.
Use any device, software, or routine to interfere with the proper operation of the Service or any activity being conducted on the Service.
Attempt to decipher, disassemble, copy, modify, adapt, redistribute, decompile, create a derivative work of, reverse engineer, or otherwise attempt to extract the source code of any of the software comprising, creating, or in any way making up a part of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Attrecto, in writing (e.g., through an open source software license)
Violate any applicable international, national, state, or local law, regulation, rule, ordinance, or treaty.
Without limiting the foregoing, any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the InstApp will not be permitted. The InstApp may only be used for lawful purposes. You are prohibited from posting on or transmitting through the InstApp any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, adult-oriented, profane, hateful, fraudulent, prejudiced or otherwise objectionable material of any kind, including, but not limited to, any material encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws. These Terms also mandate that robots, spiders, Web crawlers, Webants, worms, wanderers, Web agents and other "bots" that visit the InstApp are Standard for Robot Exclusion (SRE) -compliant robots ("robots"). You agree not to access the InstApp by any means other than through the interface that is provided by us for use in accessing the InstApp. You agree not to access or use the InstApp in order to collect information about web site visitors or users of the InstApp. We reserve the right to terminate or suspend your access to and use of the Service, without notice, if we believe, at our sole discretion, that it is in violation of these Terms, it is in violation of any applicable law, or that it is harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Upon any termination of your access to and use of the Service for any reason, whether by you or by Attrecto, you agree to promptly destroy all materials downloaded or otherwise obtained from the InstApp, as well as all copies of such materials, whether made under these Terms or otherwise. Attrecto's licensing rights to any Application or other submissions shall survive any termination of these Terms.
Users are prohibited from
Directly or indirectly violating or attempting to violate the security of the InstApp, including, without limitation,
Accessing data not intended for the user or logging into a server or account which such user is not authorized to access,
Attempt to gain unauthorized access to any portion or feature of InstApp, or any other systems or networks connected to InstApp or to any Attrecto server, or to any of the services offered on or through Attrecto Web Site, by hacking, password "mining" or any other illegitimate means,
Attempting to probe, scan or test the vulnerability of InstApp or any network connected to InstApp, or breach the security or authentication measures on InstApp or any network connected to InstApp. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to InstApp, or any other customer of Attrecto, including any InstApp account not owned by you, to its source, or exploit InstApp or any service or information made available or offered by or through InstApp, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by InstApp,
Attempting to disable or circumvent any security mechanisms used by the Service,
Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of InstApp or Attrecto's systems or networks, or any systems or networks connected to InstApp or to Attrecto,
Attempting to interfere with service to any user, host or network, including, without limitation, using any means, including overloading, "flooding", "mail bombing" or "crashing",
Sending or using the Service to create an Application that performs a malicious activity, including but not limited to spamming users, harvesting user names and passwords, performing unauthorized scans of machines or ports,
Using the Service to create an Application that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party, including, but not limited to Attrecto or any mobile communications carrier,
Forging, or using the Service to create an Application that forges, any TCP/IP packet header or any part of the header information in any e-mail sent from within or to the Service,
Using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the InstApp or Service or any InstApp Content or User Content, or in any way reproduce or circumvent the navigational structure or presentation of the InstApp or Service, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the InstApp,
Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the InstApp other than the search engine and search agents available from Attrecto on the InstApp and other than generally available third party web browsers (e.g.Google Chrome, Mozzila Firefox, Netscape Navigator, Microsoft Explorer, Opera), or
Using any device, software or routine to interfere or attempt to interfere with the proper working of the InstApp or any activity being conducted on the InstApp.
Actual or attempted violations of the Service or network security may result in immediate termination of access to the InstApp and/or civil or criminal liability. Attrecto reserves the right to investigate occurrences that may involve violations of the use of the Service and to contact and/or cooperate with law enforcement authorities in prosecuting users or any other person(s) who are involved in any actual or attempted violations of the use of the Service.
Attrecto expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any User Account or Services (including the right to cancel or transfer any Application) that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by Attrecto in offering or delivering any aspect of the Service, (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of Attrecto, its officers, directors, employees and agents, as well as Attrecto's affiliates. Attrecto expressly reserves the right to review every User Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those User Accounts that exceed allowed levels. You acknowledge you have read, understand and agree to be bound by Attrecto's Anti-Spam Policy referenced above. You agree Attrecto may immediately terminate any User Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Attrecto liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your User Account.
LINKS TO THE InstApp
You may provide a hypertext link to the InstApp on another web site, provided that: (a) the link must be a text-only link, marked "InstApp," (b) the link must "point" to the URL www.InstApp.com and not to other pages, graphics or images within the InstApp, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the name and trademarks of Attrecto and its affiliates, (d) the appearance, position and other aspects of the link may not create the false appearance that any person or entity other than Attrecto and its affiliates is associated with or sponsored by Attrecto or its affiliates, (e) the link, when activated by a user, must display the InstApp on a full screen and not within a "frame" on the linking Web Site, and (f) you do not directly or indirectly cause any portion of InstApp to appear on a user's computer screen with any material (e.g., URL, text, graphics, pop-up window, audio, or other) supplied by or associated with you or any third party. Attrecto and its affiliates reserve the right to revoke consent to link at any time in their sole and absolute discretion by amending these Terms or providing notice to the operator of a Web Site containing the link. You agree that all other hypertext links to the InstApp must be expressly approved in advance, in writing, by Attrecto.
The InstApp may contain hyperlinks or other connections to web sites owned and/or operated by parties other than Attrecto. You understand, acknowledge, and agree that Attrecto does not control these other web sites and is not responsible, nor shall be liable (directly or indirectly) for them, including, but not limited to, their availability, their content or any viruses they may contain. The inclusion of any hyperlinks or connections to web sites operated by parties other than Attrecto is for convenience only and does not in any way directly or indirectly imply any endorsement of the material on them or any association with their owners or operators. As noted above, Attrecto does not control such web sites and, therefore, does not assume any responsibility for the operation or content or privacy practices of such web sites or the technology they implement. All use by you of such web sites is at your own risk. Attrecto reserves the right to terminate such links at any time without notice. You should review the privacy policy and terms of use for each such web site and confirm that they are acceptable to you before you register on or use that site. Because some web sites employ automated search results or otherwise link users to sites that contain information that may be deemed inappropriate or offensive, Attrecto cannot be held responsible for the accuracy, legality or decency of material contained on such web sites. PURCHASES; OTHER TERMS AND CONDITIONS: Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the InstApp, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the InstApp or for any service offered on or through the InstApp, the latter terms shall control with respect to your use of that portion of the InstApp or the specific service. Attrecto's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on InstApp should be construed to alter such agreements. Attrecto may make changes to any products or services offered on the InstApp, or to the applicable prices for any such products or services, at any time, without notice. The materials on the InstApp with respect to products and services may be out of date, and Attrecto makes no commitment to update the materials on the InstApp with respect to such products and services.
You understand and acknowledge that material and software published on the InstApp, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that Attrecto is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the InstApp may be changed or revised from time to time without notice.
You understand and agree that Attrecto is not responsible or liable in any way (directly or indirectly) for the User Content posted by or on behalf of any advertiser or any advertiser's business practices (or any of the material posted or downloaded by any of them onto the InstApp). Nothing on the InstApp shall be directly or indirectly deemed to be an endorsement, representation, or warranty regarding any advertiser, or other third party, whether in connection to its web site or otherwise. You understand and agree that you must evaluate and bear all risks associated with the use of any User Content or in response to any advertisement, including any reliance on the accuracy, completeness or usefulness of the User Content or any advertisement.
By using this Web Site and providing your e-mail address, you are consenting to receive e-mail from us unless and until you advise us in writing or by e-mail that you do not desire to receive e-mail from us. Please see Attrecto's Privacy Policy for further information on how we treat personal information and data that we collect from users of the InstApp.
You agree that you will hold harmless Attrecto, its affiliates and the respective shareholders, officers, directors, employees, agents, licensors and suppliers of Attrecto and its affiliates from any and all claims arising out of or related to your access or use of, or your inability to access or use, the InstApp or from the services rendered or made available by Attrecto in conjunction with your use of the InstApp. This includes but is not limited to, claims that you have found something you have heard, viewed or downloaded from the InstApp or another site to which it is linked to be obscene, offensive, defamatory or infringing upon your intellectual property rights. This also includes claims by third parties arising out of your transmission or posting of any User Content to or via the InstApp, your use of the content and tools on the InstApp, your creation of any Application(s), your use of the InstApp, your connection to the InstApp, your violation of these Terms, or your violation of any rights of any other third party. In no event will Attrecto, its affiliates or the contributors of content to the InstApp be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Attrecto shall have the right, but not the obligation, to pre-screen, monitor, review, flag, filter, modify, refuse or remove User Content, Application, or other material residing on or transmitted using the Service in order to:
Comply with any applicable law, regulation, rule, or other government requests in its sole determination,
Enforce these Terms or other applicable restrictions or limitations posted on the InstApp,
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$1,489,000 321 acres 5132 CR 210, Bertram, TX 78605 - Burnet County
321 acres Bertram, TX
Ranches of this size and type so close to Austin do not hit the market often. The Whitetail Oaks ranch presents a unique opportunity to own some productive agricultural land with a 20+ acre oak mott that affords a natural hangout for deer. The grove of trees on the hilltop of this ranch is filled with huge old oaks creating a peaceful refuge just behind the cozy little home. The views from the front porch of this impeccably clean limestone house are awesome. Contents of the house convey making this a true turn key operation. Take your fishing pole on a hike down to your .7 acre spring fed pond for a little R&R or a picnic. The wet weather creeks help fill the 4 stock tanks on the ranch. Deer are plentiful and the dove hunting will not d
Mason Harlow Whitetail Properties Real Estate

subset: commoncrawl


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I can't believe Pretty Edgy has been sitting in my untrieds for so long. Today was the perfect day to break it out! I couldn't help but feel that it needed something a little more & an accent nail of Luxe and Lush was the perfect addition.
Luxe and Lush is such a chameleon - I've worn it with Sinful Colors Cinderella and it reflects pinks and blues but layer it over Pretty Edgy and it flashes orange and gold - such a cool layering glitter!
I couldn't help but also show my St Paddy's Day Guinness nails from last year - I loved them so much and one of the only times I've done a successful French manicure. Don't they look just like little pints of Guinness?? If my nails were longer right now, I'd have done them again.


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Dené–Caucasian is a proposed broad language family that includes the .... Main articles: Proto-Dené–Caucasian language and Proto-Dené-Caucasian roots ..... Pegasus Press, University of North Carolina, Asheville, North Carolina.
Proto–Dené-Caucasian language
Proto-Dené–Caucasian is the reconstructed hypothetical common ancestor of the Dené–Caucasian languages, a proposed language superfamily to which Basque, North Caucasian, Burushaski, Sino-Tibetan, Yeniseian, Na-Dené and possibly also other language families may belong.
This is an excerpt from the article Proto–Dené-Caucasian language from the Wikipedia free encyclopedia. A list of authors is available at Wikipedia.
This is an excerpt from the article Proto–Dené-Caucasian language from the Wikipedia free encyclopedia. A list of authors is available at Wikipedia.
The article Proto–Dené-Caucasian language at en.wikipedia.org was accessed 1 times in the last 30 days. (as of: 01/06/2014)
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Proto-Dené–Caucasian language - Wikipedia, the free encyclopedia
Proto-Dené–Caucasian is the reconstructed hypothetical common ancestor of the Dené–Caucasian languages, a proposed language superfamily to which ...
Proto-Dené-Caucasian roots - Wikipedia, the free encyclopedia
The Proto-Dené–Caucasian language is the hypothetical common ancestor of the Basque, Burushaski, North Caucasian, Sino-Tibetan, Yeniseian, Na-Dené ...
Dené–Caucasian languages - Wikipedia, the free encyclopedia
Dené–Caucasian is a proposed broad language family that includes the .... Main articles: Proto-Dené–Caucasian language and Proto-Dené-Caucasian roots.
Materials for a Comparative Grammar of the Dene-Caucasian - RiNet
The Dene-Caucasian (or Sino-Caucasian) language macro-family is de- fined here as ... respondences between Proto-Dene-Caucasian (PDC) and Basque.
Basque and Dene-Caucasian languages - Eupedia
There are common features in the structure of those languages. There is even a hypothtical reconstructed Proto Dene Caucasian. The theory is ...
SOME FEATURES OF DENE-CAUCASIAN ... - John D Bengtson
nature of the Dene-Caucasian proto-language. Basque, as the sole survivor of a formerly widespread "Vasco-Iberian" language family, retains some archaic ...
languages, or language families, which have traditionally been considered isolates, ... Proto-Caucasian and concluded that Na-Dene too must be included in the ...
Dene-Yeniseian And Dene-Caucasian: Pronouns And Other ...
8-095-250-61-83 firstname.lastname@example.com Dene-Yeniseian And Dene-Caucasian: ..... shifted to m- and then to b- already in Proto-Yeniseian due to the language's low ...
proto-dené-caucasian language - OneLook Dictionary Search
We found one dictionary that includes the word proto-dené-caucasian language: General dictionaries General (1 matching dictionary). Proto-Dené-Caucasian ...
Proto-Dené–Caucasian | Facebook
Proto-Dené–Caucasian. ... Language. 1 person likes this topic. Wikipedia. Content from the Wikipedia article Proto-Dené–Caucasian (contributors) licensed ...
Search results for "Proto–Dené-Caucasian language"
Google: approx. 739.000
Proto–Dené-Caucasian language in science
Dené–Caucasian languages - Wikipedia, the free encyclopedia
Proto-Dené-Caucasian roots - Wikipedia, the free encyclopedia
The Proto-Dené–Caucasian language is the hypothetical common ancestor of the ... these languages and the existence of a Dene–Caucasian family is disputed or ..... Pegasus Press, University of North Carolina, Asheville, North Carolina.
[PDF]Materials for a Comparative Grammar of the Dene-Caucasian - RiNet
Santa Fe Institute. The Dene-Caucasian (or Sino-Caucasian) language macro- family is de- .... 6 Proto-Na-Dene had no labial stops, only the semi-vowel *w. 7 Attempts have ...... Moscow: Russian State University for the Humanities; pp. 22– 23.
Dene-Yeniseian And Dene-Caucasian: Pronouns And Other ...
8-095-250-61-83 firstname.lastname@example.com Dene-Yeniseian And Dene-Caucasian: Pronouns And Other Thoughts George Starostin Russian State University for the ..... shifted to m- and then to b- already in Proto-Yeniseian due to the language's low ...
[PDF]SOME FEATURES OF DENE-CAUCASIAN ... - John D Bengtson
between Basque and the Caucasian languages.7 CHIRIKBA's essay inspired others, including Václav .... nature of the Dene-Caucasian proto-language. Basque, as the ...... Reno, Las Vegas, London: University of Nevada Press. AZKUE, R.M. ...
languages, or language families, which have traditionally been considered isolates, that is, ... Proto-Caucasian and concluded that Na-Dene too must be included in the Sino-Caucasian ...... Austin, University of Texas Press; Kaufman T (1990).
[PDF](Sino-Caucasian) Languages
D. This pattern is best preserved in Caucasian and Na-Dene languages, and in Burushaski ... respondences between Proto-Dene-Caucasian (PDC) and Basque . The following ...... Russian State University for the Humanities; pp. 22–23.
The Basque Language is Included in the Dene-Caucasian ...
The Basque Language is Included in the Dene-Caucasian Language Family. M. Ruhlen … show all 1 ... InProto-languages and proto-culturesV, Sheroroshkin, ed . Bochum: University Dr Norbert Brockmeyer Press, 1991. Bengston JD, Ruhlen ...
[PDF]on the origin of salish, wakashan, and north caucasian languages
lives in the USA where he is Professor of Linguistics at the University of ... part of a larger unity: the Sino-Caucasian, or Dene-Caucasian phylum, ... closer to North Caucasian [NC] languages (when judging by the proto-North-Caucasian.
Proto-Dené-Caucasian Language quotes | Quotations at Dictionary ...
Proto-Dené-Caucasian language quotes ... William M. Curtin, University of Nebraskaed_william_m_curtin_university_of_nebraska · Philosophical Papers Oxford ...
Books on the term Proto–Dené-Caucasian language
On the Origin of Languages: Studies in Linguistic Taxonomy
(1985], and Nikolaev (1991) has led to the replacement of the name Sino- Caucssian by Dene-Caucasian (see Chapter 1). ... gives the Proto- Yeniseian reconstructions and their reflexes in the various Yeniseian languages (again, of these, ...
The Chechens: A Handbook
In addition, this super-family, also called 'Dene-Caucasian' or 'Sino-Dene- Caucasian', includes Sumerian and its proposed ... Caucasian and proto- Northwest Caucasian, came up with a comparative dictionary of North Caucasian languages.
Language, Culture and Communication (6th Edition)
For courses in Language and Culture, and Sociolinguistics Using data from cultures and languages throughout the world to highlight both similarities and differences in human languages, Language, Culture and Communication explores the many interconnections among language, culture, and communicative meaning. It examines the multi-faceted meanings and...
Sprung from Some Common Source: Investigations Into the Prehistory ...
Investigations Into the Prehistory of Languages Sydney M. Lamb, E. Douglas Mitchell ... For example, in item 73, why is Proto-North Caucasian initial *ch represented by *S in Proto-Nakh and *c in ... Chukchi- Kamchatkan, and probably also Na-Dene, known as Sino-Caucasian, or, if Na-Dene is included, Dene-Caucasian.
The Language Instinct: How the Mind Creates Language (P.S.)
In this classic, the world's expert on language and mind lucidly explains everything you always wanted to know about language: how it works, how children learn it, how it changes, how the brain computes it, and how it evolved. With deft use of examples of humor and wordplay, Steven Pinker weaves our vast knowledge of language into a compelling...
Towards a History of the Basque Language
In a single article, Bengston derives Basque egun "day" from one 'Proto-Dene-Caucasian' root, its combining form egu- and its compound eguzki "sun" from a second PDC root, and the last word's variant eki (< *egu-ki) from a third PDC root.
The Foundations of Latin
Examples of reconstructed Proto-Nostratica 1 . ... of the issues which works from primary data on the remote relations of some languages (Nostratic, Sino- Caucasian, and Dene-Caucasian), see Shevoroshkin and Manaster Ramer ( 1991).
The Origins of the World's Mythologies
This remarkable book is the most ambitious work on mythology since that of the renowned Mircea Eliade, who all but single-handedly invented the modern study of myth and religion. Focusing on the oldest available texts, buttressed by data from archeology, comparative linguistics and human population genetics, Michael Witzel reconstructs a single ori...
Development of Google searches
Blog posts on the term
Proto–Dené-Caucasian language
Proto–Dené-Caucasian language
Dene-Yeniseian Language Family: Evidence for a Back-Migration to the Old World?
The 2012 Dene-Yeniseian Workshop took place on March 24 at the University of Alaska Fairbanks. Since the seminal presentation by the West Washington University linguist, Edward Vajda, of morphological and lexical evidence relating the small Yeniseian language family from Western Siberia and Na-Dene (Eyak-Tlingit-Athabascan) languages in North America, the annual Dene-Yeniseian Workshop deserves everybody's attention.anthropogenesis.kinshipstudies.org/2012/08/dene-yeniseian-language-family-evidence-for-a-back-migration-to-the-old-world/
Dienekes' Anthropology Blog: Words denoting pulse crops in European languages
From the paper: The attested Proto-Indo-European root-words directly linked to pulse crops are further testimony that Proto-Indo-European society was well-acquainted with agriculture (47), and was not predominantly nomadic and pastoral, as initially thought by the proposers of the Kurgan hypothesis (48). PLoS ONE 7(9): e44512.dienekes.blogspot.com/2012/09/words-denoting-pulse-crops-in-european.html
Vasco-Caucasian: The Indo-European horses (updated)
IE *H1ek´w-o- 'horse' is a borrowing from the language spoken by nomadic shepherds of the Pontic-Caspian steppes, where the animal was domesticated around 4,000-3,500 BC1. It corresponds to Caucasian *ɦɨ[n]tʃwi (~ -e) (NCED 211) 'horse', a Wanderwort also found in Hurrian eššǝ 'horse' and Sumerian anše 'donkey'2.vasco-caucasian.blogspot.com/2011/11/indo-european-horses.html
The Dené-Caucasian Hypothesis - Languages Of The World languagesoftheworld.info/student-papers/the-dene-caucasian-hypothesis.html
Etymolist: Burushaski and Indo-European?
In the past few months, I've seen several mentions of Ilija Časule's theory that Burushaski is related to Indo-European. See Memiwayanzi for some discussions, comments and links.etymolist.blogspot.com/2012/07/burushaski-and-indo-european.html
African Origins of the Indo-European Languages: Marc Washington's Perspective – Rasta Livewire www.africaresource.com/rasta/sesostris-the-great-the-egyptian-hercules/african-origins-of-the-indo-european-languages-marc-washingtons-perspective/
New Indo-European Language Discovered
http://www.sci-news.com/othersciences/linguistics/article00403.html A linguistics researcher at the Macquarie University in Australia has discovered that the language, known as Burushaski, which is spoken by about 90,000 people who reside in a remote area of Pakistan, is Indo-European in origin. Prof Ilija Casule's discovery, which has now been verified by a number of the world's top linguists, has excited linguistics experts around the world. An entire issue of the eminentwww.eupedia.com/forum/threads/27661-New-Indo-European-Language-Discovered
Linguistic arrow of time | Sciencebyte
Snippets from the world of scientific researchsciencebyte.wordpress.com/2011/11/06/linguistic-arrow-of-time/
Paleoglot: How NOT to reconstruct a protolanguage
I wrote an article last month, The Tower of Babel, which was an unexhaustive critical assessment of the late Sergei Starostin's grandiose online language project that limps on today through the efforts of surviving project members. A recent troll on that page under an unconvincing disguise of "G.paleoglot.blogspot.com/2007/11/how-not-to-reconstruct-protolanguage.html
Jabal al-Lughat: Metathesis everywhere
When two sounds exchange their positions (for example, clip > plik) we call it metathesis. In most languages, this doesn't seem particularly common, neither in historical changes nor in the grammar.lughat.blogspot.com/2008/02/metathesis-everywhere.html
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February 1, 2012
RAVIRAJ MOHIL, ET AL., ETC., PLAINTIFFS,v.JILL GLICK, ET AL., ETC., DEFENDANTS.
Raviraj Mohil and Christina Mohil, on behalf of themselves and their minor children Olivia and Hari (collectively termed "the Mohils" and all individually referred to, for simplicity, only by their first names), sued Jill Glick ("Dr. Glick") and the University of Chicago Medical Center (the "Hospital"), charging that Dr. Glick and the Hospital had violated 42 U.S.C. §1983 ("Section 1983") by depriving them of rights secured by the Fourth and Fourteenth Amendments. On April 23, 2007 Dr. Glick and the Hospital moved to dismiss the Complaint, arguing (1) that they were not state actors and hence not constrained by Section 1983 and (2) that if they were held to be state actors, they were entitled to qualified immunity. After Mohils had filed a response, this Court orally rejected both of those efforts to cut Mohils off at the pass via Fed. R. Civ. P. ("Rule") 12(b)(6):
1. With Mohils' allegations accepted as gospel, together with their receiving the benefit of reasonable inferences, both as called for by Rule 12(b)(6) jurisprudence, the allegations sufficed to provide a plausible assertion of state action by both defendants.
2. Mohils had also identified clearly established constitutional rights so that, depending on how the facts of the case developed, they might well be able to prove a violation of those rights, hence negating the early availability of qualified immunity.*fn1 Thereafter the parties engaged in prolonged discovery to flesh out the facts, ultimately resulting in their joint production of a proposed Final Pretrial Order ("FPTO") looking to trial of the case. This Court entered the FPTO on August 24, 2011, and in the course of the conference that always antedates and culminates in such an entry, defense counsel announced their intention to renew those same motions, this time with the benefit of a full airing of the facts developed during discovery. This Court scheduled the briefing of those motions as part of the pretrial motion-in-limine practice, and the two motions are now fully briefed as Dkt. Nos. 89 and 90 and ripe for disposition under Rule 56.
What follows then is a recital of the parties' joint statement of stipulated facts, followed in turn by the analysis of the legal issues in light of those facts. Because that analysis shows that even though Dr. Glick and the Hospital are indeed state actors (a conclusion as to which there may be some difference of opinion), they are entitled not only to qualified immunity in that capacity, but actually to absolute immunity.
That being so, Mohils do not have a viable claim under Section 1983. So this action must be and is dismissed, with all remaining motions in limine by both sides being denied as moot.
Raviraj and Christina have two children, Olivia and Hari (SUF ¶¶3-4).*fn2 Olivia was born on April 25, 2005 (id. ¶18).*fn3 Just a week later (on May 2) Raviraj and Christina brought Olivia to the emergency room at Hinsdale Hospital and told doctors that she had fallen from a kitchen counter (id. ¶19). Neither had witnessed the fall, but they reported that Hari had pulled Olivia down (id.). After the hospital x-rayed Olivia's spine and performed a CT scan on her head, the doctors there saw no damage reflected on the x-ray or CT scan (id.).
On June 17 Christina brought Olivia to her pediatrician, Dr. Limaye, who found the baby to be in normal health (SUF ¶21). On June 30 Christina went to see her obstetrician, who noted that Olivia was "good and easy to care for" but that Christina "can't stop crying" and "feels depressed" (id. ¶22), as a result of which the obstetrician decided that Christina was suffering from post-partum depression and prescribed Prozac for her (id.). That diagnosis was later confirmed by a psychiatrist (id. ¶23).
On July 14 Christina left Hari and Olivia with a 12-year-old girl, whom she and Raviraj had hired to watch the children (SUF ¶25). Christina went to a therapy appointment and then visited a store (id.). When the babysitter called Christina and reported that Olivia was acting strangely and not moving her arms or legs (id.), Christina returned home to find Olivia unresponsive. She called 911 (id.). Paramedics took Olivia to Hinsdale Hospital, but Christina did not accompany her in the ambulance, instead waiting for Raviraj to return home (id. ¶27). When he did, the couple went to the hospital, arriving roughly 15 minutes after Olivia (id. ¶28).
Doctors at the hospital found that Olivia had abrasions to her forehead and abdomen, subdural hematomas (bleeding in the brain), and bilateral retinal hemorrhages (bleeding into the retinas in both of her eyes)(SUF ¶28). Those injuries were reported by an ER nurse at Hinsdale Hospital to the Illinois Department of Children and Family Services ("Child Services"), a state agency charged with protecting children from abuse and neglect (id. ¶¶9, 29). That triggered an investigation by Child Services, the Burr Ridge Police Department, the Du Page County Children's Center and the Du Page County State's Attorney's Office (id. ¶29). Meanwhile Hinsdale Hospital concluded that it lacked the medical facilities necessary to treat Olivia, and it transferred her to the Hospital (recall that this opinion uses that capitalized term to refer to the University of Chicago Medical Center)(id. ¶30).
Part of the Hospital is its Children's Hospital, and one department within the Children's Hospital is called the Department of Child Protective Services ("Department") (SUF ¶7).*fn4
Child abuse investigations require the police and various state agencies to speak to a number of different hospital workers (Glick Tr. 11-12), and the Hospital established the Department to coordinate the flow of information from hospital workers to the police and state agencies (id. 14-15).
In addition, the Hospital also participates in a state-run program called the Multi-disciplinary Pediatric Education and Evaluation Committee ("Committee"*fn5 )(SUF ¶8), created in 2001 to provide a network of physicians skilled in the detection of child abuse (id. ¶11). Those physicians evaluate potentially abused children to determine whether the medical evidence supports an inference of child abuse (id.). They provide their opinions to Child Services and the police, and they serve as expert witnesses in legal proceedings instituted by Child Services (id.).
To that end the Hospital receives money from the Cook County Children's Advocacy Center, a state agency, in exchange for its doctors providing their expert review and consultation for the Committee (Glick Tr. 19, 41-42). Their contract calls for such expert consultation as to children under the age of three who reside in Chicago (id.).
When Olivia was brought to the Hospital, Dr. Glick was both the director of the Department and under contract to provide services for the Committee (Glick Tr. 19, 41-42). Dr. Glick performed such services for both the Child Protective Services Department and the Committee, looking for medical evidence of child abuse and relaying her findings, as well as the findings of her colleagues, to the police and other state agencies (id. at 42-43; SUF ¶¶7, 11).
Because the nurse at Hinsdale Hospital had referred Olivia's case to Child Services, team members from the Department, including Dr. Glick, examined her (SUF ¶31)(that work was not part of Dr. Glick's work for the Committee as such, because Olivia was not from Chicago)(id.). On July 15 Dr. Glick noted that Olivia had "traumatic brain injury" and that the doctor needed to "await retinal exam, review of medical records, review imaging with radiology and [neurosurgery]" (id. ¶34).
Another physician at the Hospital, Dr. Greenwald, conducted a retinal exam the same day. Finding extensive retinal hemorrhaging, he noted that "these findings are virtually diagnostic of shaking injury. No other reported cause of the picture in an infant of this age" (SUF ¶33). After further observation of Olivia, Dr. Glick concluded that Olivia's injuries had resulted from abuse (id. ¶39). She reported her conclusion during a teleconference with the DuPage County Children's Center, Child Services, the Burr Ridge Police Department and the DuPage County State's Attorney's Office (id.).
Dr. Glick then made a written report of her findings and faxed it to those same entities--all state actors (SUF ¶40). That report included her medical findings as well as the results of interviews conducted by social workers and medical staff in the Hospital (id. ¶41). Dr. Glick's report also noted that Christina had postpartum depression, had failed to accompany Olivia to the hospital and had supposedly taken a shower before going to the hospital (id. ¶43). Dr. Glick excluded the May 2 fall as a cause of Olivia's injuries, based on her examination of the images and associated report generated at Hinsdale Hospital after the fall and based on her review of the images with a doctor from Hinsdale Hospital (id. ¶42).
On July 28 the police and various state agencies met to discuss the case. They agreed that they suspected Christina of abusing Olivia but could not be sure without further investigation (SUF ¶46). Despite that uncertainty, a Child Services worker decided to seek protective custody for Olivia (id. ¶47). Shortly thereafter someone advised Raviraj and Christina that Child Services would seek protective custody of Olivia and that the State's Attorney planned to file criminal charges against them (SUF ¶48). They hired a lawyer.
Olivia was discharged from the Hospital on August 2 (SUF ¶49). Before her discharge Child Services presented Christina and Raviraj with a safety plan--a written agreement to place Olivia and Hari in the custody of relatives, with limited visitation from Christina and Raviraj (id. ¶49). They signed the plan (id.).
On August 4 the State's Attorney filed an Abuse and Neglect Petition in the Circuit Court of DuPage County, alleging that Olivia was an abused and neglected minor and that Hari was a neglected minor and seeking protective custody for both children (SUF ¶50). There was a hearing on that Petition the same day, with Christina and Raviraj present and represented by counsel (id. ¶51). At the conclusion of the hearing the court put the children in protective custody, because Olivia "had sustained serious injuries while in the care of her parents" (id. ¶51).
Months later, on March 21, 2006, Christina pleaded guilty to one misdemeanor count of child endangerment (SUF ¶55). She was fined and placed on probation (id.). Further juvenile court proceedings took place sometime after that, with the parties stipulating to the evidence presented at the earlier August 4 hearing (id. ¶56). Those proceedings resulted in a court order to Child Services to reunite Olivia and Hari with Raviraj and to develop a safety plan for Christina (id.). Under the new safety plan Christina was not permitted to sleep in the home with the children, but she was given the right to supervised visits with them (id. ¶57). On July 16, 2006 those restrictions were lifted (id.). State Action*fn6
Section 1983 applies both to governmental actors and to private entities that acted "under color" of state law. Mohils concede that Dr. Glick and the Hospital are not governmental actors but assert that they acted under color of state law when examining Olivia and presenting oral and written reports to the police. Brentwood Academy v. Tenn. Secondary Sch. Athletic Ass'n, 531 U.S. 288, 295 (2001) succinctly summed up the standard for deciding when a private entity acts under color of state law:
Thus, we say that state action may be found if, though only if, there is such a "close nexus between the State and the challenged action" that seemingly private behavior "may be fairly treated as that of the State itself."
That standard concededly "lack[s] rigid simplicity," and "no one fact can function as a necessary condition across the board for finding state action; nor is any set of circumstances absolutely sufficient" (id.).
Each side seeks to call to its aid caselaw that assertedly deals with analogous situations and that assertedly supports the desired result--state actor status for Dr. Glick and Hospital as urged by Mohils, or no such status as urged by Dr. Glick and Hospital. By the same token, each side denigrates as nonanalogous the caselaw authority advanced by the other. Shades of the approach brilliantly described in the late great Edward Levi's seminal article Introduction to Legal Reasoning*fn7 as the means by which legal doctrine changes shape!
In fact all such attempted analogies are imperfect, as we learn in law school and as we practice professionally via the process of distinguishing earlier precedents. Here it is far more constructive to examine the core values that are served by the concepts at issue.
In that respect it is not merely tautological, but rather a truism, to recognize that a "state actor" is someone who participates in "state action" in a meaningful and essential way. Take the governmental function of seeking to prevent, or to deal with, child abuse. It would of course be intolerable to permit amateurs--lay personnel--to reach judgments independent of skilled medical evaluations and to make those amateur judgments the basis for separating children from their parents. Instead the expertise of medical professionals necessarily plays a key role--in many ways, the most important role--in evaluating both the effects and the causes of child abuse.
In short, it cannot be disputed that the governmental task in the field of child abuse could not function responsibly without the invaluable input provided by medical professionals. And when those professionals are not themselves governmental employees, it is equally beyond dispute that the interrelationship between those professionals and the purely governmental people involved in the decisionmaking process is truly a close entwinement (the word repeatedly used in Brentwood Academy as meeting the state-actor test). Whether because the recruiting of top people to fulfill the medical professionals' function on a full-time basis would not have been feasible, or for some other reason or congeries of reasons, that is obviously why the Committee contracted for such service from Dr. Glick and the Hospital, rather than hiring staff doctors (who would by definition have been "state actors").
Nor is there any legitimate basis for arguing that different treatment, or a different analysis, is called for because Olivia does not reside in Chicago and therefore was not evaluated when Dr. Glick and the Hospital might be said to have been wearing their contractual hats. There is no gainsaying the fact that they were brought into the process for exactly the same reason, and to perform exactly the same function, as under the contract, and to do so precisely because their expertise was vital to, and an integral part of, the governmental act--and therefore they are by definition "state actors" for Section 1983 purposes.
But Mohils have cleared that state actor hurdle only to fall at the next: the need to avoid foundering on the shoals of immunity--not just qualified immunity, but absolute immunity.*fn8
This opinion turns then to that issue.
As for qualified immunity, Pearson, 555 U.S. at 232 teaches that on such a claim a court "must decide whether the facts that a plaintiff has alleged (see Fed. Rules Civ. Proc. 12(b)(6), (c)) or shown (see Rules 50, 56) make out a violation of a constitutional right" and also "whether the right at issue was 'clearly established' at the time of defendant's alleged misconduct." Mohils fail on the first of those two requirements: As now fully developed, rather than in the initial threshold Rule 12(b)(6) terms (see the introductory explanation in this opinion), the facts do not make out a violation of a constitutional right.
Raviraj and Christina claim that Dr. Glick violated three constitutional rights: their fundamental right to familial relations, their right to due process before the seizure of their children, and Olivia's and Hari's Fourth Amendment rights to be free from unreasonable seizures. Those alleged violations stem from Dr. Glick's medical opinion that Olivia's injuries were inflicted, which Mohils say was biased and "failed to meet the standards of evidence based medicine" (M. Mem. 11).
Analysis of Mohil's contention reveals that they have really advanced a state law negligence or medical malpractice claim masquerading as a constitutional violation. Nothing that Dr. Glick did in her investigation or report deprived Mohils of any constitutional right.
To understand why, it's helpful to start with a brief chronological recapitulation of the events leading up to Olivia's and Hari's placement in the custody of a family member.*fn9 From July 14 until August 2 Olivia was in the hospital and Hari was with his parents--hence there was plainly no governmental seizure, and thus no constitutional violation, during that time.
Then on August 2 Child Services presented Mohils with a safety plan--an agreement by which the State agreed to postpone placing the children in foster care and Mohils agreed to place the children in the care of relatives and limit their visitation of the children. Safety plans are voluntary, which is why Dupuy v. Samuels, 465 F.3d 757, 761 (7th Cir. 2006) ruled that safety plans do not infringe any substantive rights of parents. So there's still no constitutional violation as of August 2.
Then on August 4 the Mohils had a hearing at which a judge determined that Olivia and Hari should be placed in protective custody because Olivia "had sustained serious injuries while in the care of her parents," a finding that was confirmed on March 21, 2006 when Christina pleaded guilty to one misdemeanor count of child endangerment (SUF ¶55). So Mohils received notice and a hearing at which they were represented by counsel (satisfying their right to due process), and their children were "seized" (in the language of the Fourth Amendment) based on a factual finding that they do not contest even today (putting to rest any question of a Fourth Amendment violation or a fundamental right violation).
But Mohils have a claimed answer: the principle announced in Brokaw v. Mercer County, 235 F.3d 1000, 1012 (7th Cir. 2000) that "[a]n official causes a constitutional violation if he sets in motion a series of events that defendant knew or reasonably should have known would cause others to deprive plaintiff of constitutional rights." According to Mohils, Dr. Glick's report caused Child Services to seek custody of Olivia and Hari and caused the court to rule in the state's favor. In those terms she assertedly set into motion the events that resulted in Olivia's and Hari's forced separation from their parents, a constitutional violation.
That position is seriously flawed, with its principal substantive defect being its premise that the seizure of Olivia and Hari violated the Constitution. It didn't. Indeed, Brokaw, id. at 1019 expressly confirmed that "some definite and articulable evidence giving rise to a reasonable suspicion that a child has been abused or is in imminent danger of abuse" suffices to justify the seizure of children under both the Fourth Amendment and the fundamental right analysis. And on that score (essentially a probable-cause standard) Siliven v. Ind. Dep't of Child Servs., 635 F.3d 921, 927 (7th Cir. 2011 (internal citations and quotation marks omitted)) has recently reconfirmed:
But, while probable cause requires more than bare suspicion, it does not demand probability or even a showing that the officer's belief is more likely true than false. Moreover, probable cause need not be based on evidence sufficient to support a conviction.
In this instance there was clearly probable cause to support the initial decision to seek to remove Olivia and Hari from the custody of Christina and Raviraj. Olivia had been injured twice while in the care of her parents. That was enough to provide probable cause for the belief that Olivia and Hari were in danger of future injuries. Dr. Glick's report hypothesized that Olivia's injuries had been intentionally inflicted, perhaps by Christina who had recently been diagnosed with post partum depression and had taken some questionable actions in the recent past (such as ignoring a pediatrician's advice to take Olivia to the emergency room). But even without Dr. Glick's report, there was probable cause to seek the children's removal from Christina's and Raviraj's care when one of the children had been severely injured on their watch.
What's more, no actual seizure occurred until after Mohils had received a hearing--recall that before the hearing the parents had voluntarily relinquished custody of their children by signing the safety plan. So to the extent that Mohils were assertedly injured by Dr. Glick's report, it had to have been solely as a result of the use of the report at the hearing.
That, however, actually spells defeat for Mohils' claim, for reasoned court decisions require that witnesses put their best foot forward at hearings and present the judge with their unvarnished views of the facts, unencumbered by a fear of future liability for their testimony. So cases such as Manning v. Miller, 355 F.3d 1028, 1031-32 (7th Cir. 2004) hold that testimony in court is protected by immunity--immunity that is absolute and not qualified. And although Dr. Glick did not testify in person at the hearing, Giffin v. Summerlin, 78 F.3d 1227, 1231 (7th Cir. 1996)(per curiam) holds that "[t]he policy considerations underlying witness immunity for testimony in open court apply with equal force to other forms of testimony such as depositions and affidavits." Dr. Glick is thus absolutely immune to claims of damage from the introduction of the report at the hearing, and the Hospital--whose fate is inextricably linked to hers for purposes of this case--is likewise absolutely insulated against Section 1983 liability.
In a sort of fallback argument, Mohils say that they could not contest Dr. Glick's findings because they did not have enough time to review her report before the hearing (M. Mem. 16). In his deposition testimony, the attorney who represented them at the hearing said that he did not think that he could get a long enough continuance to mount a serious challenge to the report (id.). That was a strategic decision that the attorney was entitled to make, but it too cannot justify an award of damages against Dr. Glick in the face of her absolute immunity.
Although the Dr. Glick-Hospital Motion in Limine No. 1 (Dkt. 90)--that dealing with the "state actor" issue--is denied, their Motion in Limine No. 2 (Dkt. 89)--that asserting immunity--is granted, albeit on a somewhat different basis. And that means Mohils have no claim for relief under Section 1983. Hence the entire action must be and is dismissed with prejudice. That in turn means that all other motions in limine by each side (Dkt. Nos. 82-85 by Mohils and Dkt. Nos. 87, 88 and 91 by Dr. Glick and the Hospital) are denied on mootness grounds.
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When I first got a sample of this I thought 'This is the difference between men and women: you create an exfoliating scrub for women you focus on gentle, organic, natural moisturizing ingredients. With men you can simply say "Here is some dirt to rub on your face to scrape away your dead skin."'
While I really like this product, I have learned since purchasing it that the plastic "sand" they use is actually causing problems for water treatment plants and fish so, sadly, until they reformulate the product with something like actual sand I will not be purchasing this again. A real disappointment, but such is life.
I've enjoyed the sample I received and will likely purchase the real thing once I'm out. There is hardly any scent to it (a light citrus), it provides a gentle scrub, and it lathers well. I have sensitive skin and I haven't experienced any negative effects from using this exfoliator.4


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84 year old Dorothy Larson of Franklin passed away Thursday, September 8, at the Golden Living Center in Franklin. Funeral Service will be 1pm Monday, September 12, at Central Lutheran Church, Camp Township, Renville County, with interment in Ft. Ridgely and Dale Cemetery in Camp Township. Visitation will be one hour prior to the service at the church on Monday. Online obituary and guest book available at www.hantge.com.
Dorothy Larson


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Arcadia Apaches Ran Over by Burbank Bulldogs
October 2, 2013 • 860 views
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It took 2:56 for the Burbank Bulldogs (4-0) to get on the board, it took 7:50 to build a 23-0 lead, and it took a short four quarters to convince the Arcadia Apaches (2-2)they were playing the creme dela creme of the Pacific League in a 51-14 loss at Salter Stadium Friday night.
James Williams scored four touchdowns, three on the ground and one by air, to lead his team to its fourth win of the season against zero losses. Quarterback Ryan Meredith threw four touchdown passes, one to Williams, one to Dorian Householder, and two to Oharjee Brown.
It was the Bulldogs third consecutive game scoring 50-points or more.
The Apaches went 71 yards on 17 plays in the second quarter (including a successful fake punt attempt when Brett Wheat completed a 20-yard pass to Josh Yee) and scored when Joey Harmon completed a 2-yard pass Joshua Benson in the end zone.
Arcadia quarterback Joey Harmon completed 16 of 26 for 150 yards, a touchdown and 3 interceptions. Apache receivers: Mark Pachorek 6 catches 67 yards. Nico Cantos 5-47 yards. Joshua Benson 2-25 yards Td. Joe Haines 2-10 yards. Tealon Haggerty 1-3 yards.


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Always programmers lock the programmed CPU by a password to protect their software. As always we say, the software is the programmer know-how, so it's for him. The client own the CPU as a hardware and also the application. i.e. he could use the software for his application but he is not authorized to modify, delete or add any thing to the software without notifing the programmer.
So, Siemens make passwords of the CPUs (in case of selecting this option) to protect the programs from un-authorized access. To access the software, you must ask the programmer for the password!
As I told before that the client own both the application and also the H/W. So, there is a master password you can use to erase and only erase the software from the CPU and then, the CPU will be returned into factory setting. i.e. a blank CPU. You can pragram it as you like. Without this password. So, it will not help you to upload the software!
The master erasing password: CLEARPLC
1. Choose PLC> clear menu command to display the "Clear" dialog box.
2. Select all the check boxes and click "OK"button to verify the measures taken.
3. If the password has been configured, STEP 7-Micro/WIN a password authentication dialog box is displayed. To clear the password, the password authentication dialog box, enter CLEARPLC, continue to implement the "All Clear"operation. (CLEARPLC password is not case-sensitive.)


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Forest Park Cemetery
Shreveport, Caddo Parish, Louisiana
3700 St. Vincent Ave
Shreveport, LA 71103
This is not a complete listing of burials! The records below were provided by contributors to Cemetery Records Online. Total records = 3.
Contributor's Index:
- [FS] Florence S. Stokely [email@example.com]
Dey, Kate Agnes, b. 16 Feb 1883, d. 23 Aug 1974, d/o Wendel Dey and Regina Seeber Finklang, w/o Guy Warner Stokely, [FS]
Stokely, Guy Warner, b. 28 Aug 1879, d. 25 Oct 1954, s/o David Edwin Stokely and Rebecca Jane Rees, h/o Kate Agnes Dey, [FS]
Stokely, Robert Guy, b. 27 Oct 1907, d. 20 Jul 1989, s/o Guy Warner Stokely and Kate Agnes Dey, h/o Doris Robinson, [FS]
Louisiana Obituaries and Death Notices


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No, saying that three vectors are linearly dependent means they lie in the same plane so it is still possible that they lie on the same line.
If they were independent, then they could not be on the same line but knowing that they are dependent doesn't tell you whether they lie on the same line or not. Do as Plato suggested- are they all multiples of one another?
I hate to add to a "once and for all" but the initial post said that these were vectors with "Initial point on the origin". So it is sufficient to determine whether, say, (2, -4, -6) and (-3, 6, 0) are multiples of (-1, 2, 3).
Of course (2, -4, -6)= -2(-1, 2, 3) so that is a multiple. But (-3, 6, 0) is NOT a multiple of (-1, 2, 3). -3= 3(-1) and 6= 3(2) but 0 is NOT 3 (3). These vectors are do NOT lie on a single line.
One more time, adam leeds, showing that three vectors are "dependent", that is showing that 2v1 + v2 + 0v3 = 0, only shows they lie in the same plane, not that they along the same line.
It is also, of course, true, as Plato says, that and [tex]v_3- v_2= (-5, 10, 6) are not multiples of one another. -5= (5/3)(-3) and 10= (5/3)(6) but 6is NOT equal to (5/3)(9)


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After watching running back Beanie Wells slog his way through two mostly disappointing seasons, the Arizona Cardinals added some competition to their backfield last year by selecting Virginia Tech tailback Ryan Williams in the second round of the 2011 NFL draft.
Williams then ruptured his patella tendon before ever playing a down for the Cardinals, and Wells went on to have the first 1,000-yard season of his three-year NFL career.
That may seem to indicate that fantasy football drafters should steer well clear of Williams while targeting Wells, but here are a handful of reasons why that may not be the case.