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Terms of Service
These Terms of Service constitute the agreement ("Agreement") between Cytracom, LLC ("we," "us" or "Cytracom") and the user ("you," "user", "Customer" or "Subscriber") of Cytracom's business services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter, switch, router or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. If you purchased Equipment from a dealer, retail store or other provider other than Cytracom, you are a "Retail Customer" for purposes of this Agreement. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1.1 Non-Availability of Traditional 911 or E911 Dialing Service. The Service does not support traditional 911 or E911 access to emergency services in all locations. Where we do not offer traditional 911 or E911 access, we offer a feature known as "911 Dialing" which is a limited emergency calling service available only on Cytracom, LLC-certified Devices or Equipment. The 911 Dialing feature may not work at all when used in conjunction with a Soft Phone, Virtual Numbers or Subscriber provided Customer Premise Equipment. Our 911 Dialing feature is not automatic; you must separately take affirmative steps, as described in this Agreement and on our website, to register the address where you will use the Services in order to activate the 911 Dialing feature. You must do this for each Cytracom, LLC phone number that you obtain. The 911 Dialing feature of the Service is different in a number of important ways from traditional 911 or E911 service as described below. You shall inform any guests and other third persons who may be present at the physical location where you utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the Cytracom, LLC 911 Dialing feature as compared with traditional 911 or E911 dialing. The documentation that accompanies each Device that you purchase should include a sticker concerning the potential non-availability of traditional 911 or E911 dialing (the "911 Sticker"). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please email us at email@example.com with your account name and how many you need.
1.2 Registration of Physical Location Required. For each phone number that you use for the Service, you must register with Cytracom, LLC the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address. You will register your initial location of use when you subscribe to the Service. Thereafter, you may register a new location by following the instructions from the "911" registration link on your Cytracom, LLC web account dashboard features page. For purposes of the 911 Dialing feature, you may only register one location at a time for each phone line you use with the Service.
1.3 Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, unless and until you receive an email from us confirming that the 911 Dialing feature has been activated for that phone line.
1.4 How Emergency Personnel are contacted. We contract with a third party to use the address of your registered location to determine the nearest emergency response center and then forward your call to a general number at that center. When the center receives your call, the operator will not have your address and may not have your phone number. You must therefore provide your address and phone number in order to get help. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If we learn that this is the case, we will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near you to dispatch help. You hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.
1.5 Service Outages. (a) Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing. (b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning. (c) Service Outage Due to Suspension or Termination of Your Cytracom, LLC Account. Service outages due to suspension or termination of your account will prevent all Service, including 911 Dialing, from functioning. (d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that Cytracom, LLC is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 dialing that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement. (e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
1.6 Re-Activation Required if You Change Your Number or Add or Port New Numbers. 911 Dialing does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number.
1.7 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
1.8 Possible Lack of Automatic Number Identification. It may or may not be possible for the local emergency personnel to automatically obtain your phone number when you use 911 Dialing. Our system is configured to send the automatic number identification information; however, one or more telephone companies, not us, route the traffic to the emergency response center and that center may not be capable of receiving and passing on that information. As a result, the operator who answers your 911 Dialing call may not be able to automatically obtain your phone number and call you back if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your phone number, or if the Service is not operational for any reason.
1.9 No Automated Location Identification. In most service areas, it is not possible at this time to transmit to the local emergency response center the address that you registered for 911 Dialing. You will need to state the nature of your emergency promptly and clearly, including your location (and possibly your telephone number), as the operator will not have this information. Emergency personnel will not be able to find your location if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your location, or if the Service is not operational for any reason.
1.10 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Cytracom, LLC nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Cytracom, LLC, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney's fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
1.11 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.
2.1 Term. Service is offered on a monthly basis. The term begins on the date that Cytracom activates your Service and ends on the day before the anniversary date of your Term. This agreement shall be renewable at the end of the current term for a successive 12 month term unless either party gives written notice of its intention not to renew 30 days before expiration of the current term.You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable.
2.2 Use of Service and Cytracom provided Device. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the aforementioned or similar activities. Each extension (Item #MR603) shall have a "cap" of two thousand five hundred (2,500) inbound and outbound minutes for nationwide local and long distance calling, in every given billing cycle. The total number of extensions under your account shall aggregate together to create a shared minute cap. In the event of surpassing the cap, you will be billed at a rate of US $0.03 for each minute. (Call Center rate is US $0.015 per minute.)
2.3 Use of Service only. For Service only customers, you are responsible for supplying, operating and supporting the Customer Premise Equipment for use with the Service. In addition, any customer supplied equipment must be pre-approved by Cytracom in writing. You shall not resell or transfer the Service to another party without our prior written consent. You are prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service for any of the aforementioned or similar activities.
2.4 Prohibited Uses. (a) Unlawful. You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Cytracom will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.(b) Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Cytracom will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others. You and your company shall solely be responsible for any unlawful acts of uploading copyrighted material(s) such as music and other audio to the MyCytracom.com web portal. Through the use of technology and record keeping, Cytracom is able to prove the User, or Login name, of the account through which such unlawful content was uploaded. In the event we believe any such intellectual property content has been uploaded to your account, you hereby consent to our forwarding of any such data we may have collected, including your identity, to the appropriate authorities for investigation and prosecution.
2.5 Use of Service and Device by Customers Outside the United States. Although we encourage you to use of the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States and Canada. If you use the Service or the Device outside of the United States or Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device outside of the United States or Canada.
2.6 Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software. (a) Copyright; Trademark. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks. (b) Unauthorized Usage of Device; Firmware or Software. You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
2.7 Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or perform a factory reset of the Device without our prior written consent. We reserve the right to terminate your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such termination, you will remain responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
2.8 Theft of Service. You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service.
2.9 Number Transfer on Service Termination. Upon the termination of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:such new service provider is able to accept such number;your account has been properly terminated;your account is completely current, including payment for all charges and applicable termination fees; andyou request the transfer upon terminating your account.
2.10 Service Distinctions. The Service is not a telecommunications service and we provide it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
2.11 Ownership and Risk of Loss. You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you forward.
2.12 No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.
2.13 No Directory Listing. The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.
2.14 Incompatibility With Other Services. (a) Security Systems. The Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service. (b) Certain Broadband and Cable Modem Services. You acknowledge that the Service presently may not be compatible with some broadband services. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
3.1 Billing. When the service is activated, you must provide us with a valid email address and a credit or debit card number from a card issuer that we accept. You may pay the initial invoice amount with a check if desired. We reserve the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is canceled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit or debit card, including but not limited to:activation fees;monthly Service fees;international usage charges;advanced feature charges;equipment purchases;termination fees; andshipping and handling charges.The amount of such fees and charges shall made clear to you on your proposal/invoice and may change from time to time. Notification of monthly invoices will be sent to you via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $250. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website.
3.2 Billing Disputes. You must notify us in writing within seven days after receiving your credit or debit card statement if you dispute any Cytracom charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:Customer Care Billing Department Cytracom, LLC 555 Republic Dr. Ste. 525 Plano, TX email@example.com
3.3 Payment and Collection. (a) Payment. We only accept payment by credit or debit card, unless other payment terms have been explicitly agreed to in writing by Cytracom, LLC. Your subscription to the Service authorizes us to charge your credit or debit card. This authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for the termination fee, if applicable, and any other outstanding charges and terminate you Service. We may terminate your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges. (b) Collection. If your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees.
3.4 Termination; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
3.5 Taxes. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.
3.6 Termination Fee. If you cancel your service for any reason during the contract term, you may subject to the following: You may be charged a termination fee equal to $49.50 for each of the following line items: MR603, MR606. You may be charged a termination fee equal to $29.50 for each of the following line items: MR608, MR611, MR617. In addition, if you received hardware equipment from us at any discounts or at no cost as part of any promotion, you will be charged the difference of the amount you paid and the original MSRP of the equipment at the time of your service activation, or when the equipment was first shipped to you. The total difference owed shall be determined by the total of all line items labeled X303-X310 in the Non Recurring Charges (NRC) table of your original SSAF (Signed Service Activation Form).
3.7 Guarantee; Limitations and Conditions. (a) Guarantee. We offer Business subscribers a 30-day guarantee from the date of activation of Service. The guarantee applies only to the first-ordered service package, not to additional or secondary orders. We will refund any activation fees and a prorated amount equivalent to the number of days not yet used since activation provided that:you have not exceeded 1000 minutes of usage; andyou cancel your Service within the 30-day period.Federal excise taxes and any other applicable taxes cannot be refunded. You will remain responsible for any charges for usage fees including but not limited to local or international usage, calls to Cytracom toll free numbers and directory assistance. We reserve the right to terminate or revoke this guarantee at any time, without prior notice.
3.8 Payphone Charges. If you use our "Toll Free" feature or any toll free feature that we offer in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as we deem appropriate for the recovery of these costs. Toll-Free usage will be billed at $0.039 per minute unless other usage rates have been explicitly agreed to in writing by Cytracom, LLC.
3.9 Charges for Directory Calls (411). We will charge you $1.50 for each call made to Cytracom directory assistance.
3.10 Charges for Conference Bridge Calls. We will charge you 3.9 cents per minute for each caller who calls into your conference bridge. The per minute usage fee will be calculated based on all participants on the conference bridge, including on-network and off-network participants.
4.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:an act or omission of an underlying carrier, service provider, vendor or other third party;equipment, network or facility failure;equipment, network or facility upgrade or modification;force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;equipment, network or facility shortage;equipment or facility relocation;service, equipment, network or facility failure caused by the loss of power to you;outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;any act or omission by you or any person using the Service or Device provided to you; orany other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
4.2 Disclaimer of Liability for Damages. IN NO EVENT WILL CYTRACOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
4.3 Indemnification and Survival. (a) Indemnification. You shall defend, indemnify, and hold harmless Cytracom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including, without limitation, 911 Dialing, or the Device. (b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
4.4 No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER CYTRACOM NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF CYTRACOM'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY CYTRACOM OR CYTRACOM'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
4.5 Device Warranties. (a) Limited Warranty. Except as set forth herein, if you received the Device new from us and the Device included a limited warranty at the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. (b) No Warranty. If your Device did not include a limited warranty from us at the time of receipt, you are accepting the Device "as is". You are not entitled to replacement, repair or refund in the event of any defect. (c) Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS CUSTOMERS.
4.6 No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
4.7 Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to terminate or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.
4.8 Recording Conversations. Cytracom provides a function that allows a user or Subscriber to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by state to state. Subscriber is solely responsible for applying the local laws in the relevant jurisdiction when using this feature.
5.1 Governing Law. The Agreement and the relationship between you and us is governed by the laws of the State of Texas without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 5.2, you shall submit to the personal and exclusive jurisdiction of the courts located within the State of Texas and waive any objection as to venue or inconvenient forum.
5.2 Mandatory Arbitration and No Jury Trial. Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Collin County, Texas. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, COLLIN COUNTY, TEXAS.
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We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.Cytracom.com/legal. Cytracom will make best efforts to notify Customers in advance via email regarding changes to the terms and conditions of this Agreement. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.
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text:
Legal Blog ("Blawg") on Causes of Action and Affirmative Defenses in Texas -- with Caselaw Snippets from Recent Court of Appeals Opinions, and Occasional Commentary on Decisions
Monday, May 16, 2011
What makes a contract ambiguous?
A contract is ambiguous if its meaning is uncertain or it is reasonably susceptible to more than one meaning. Coker v. Coker, 650 S.W.2d 391, 393 (Tex. 1983); In re Marriage of Iberti, 64 Cal. Rptr. 2d 766, 769 (Cal. Ct. App. 1997) ("A term of the agreement is ambiguous if it is susceptible of more than one reasonable interpretation."). An unambiguous contract will be enforced as written according to the plain meaning of the words used and "regardless of whether one or more of the parties contracted wisely or foolishly, or created a hardship for himself." Wooten Props., Inc. v. Smith, 368 S.W.2d 707, 708-09 (Tex. Civ. App.-El Paso 1963, writ ref'd). Courts are not authorized to rewrite agreements by inserting additional terms, definitions, or provisions that the parties could have included themselves but did not, or by implying terms for which the parties have not bargained. Tenneco, Inc. v. Enter. Prods. Co., 925 S.W.2d 640, 646 (Tex. 1996). In other words, courts cannot make contracts for the parties. HECI Exploration Co. v. Neel, 982 S.W.2d 881, 888 (Tex. 1998).
SOURCE: Dallas Court of Appeals 05-06-00966-CV 5/10/11
Posted by Wolfgang Demino at 8:47 AM
Labels: ambiguity, contract-interpretation
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subset: commoncrawl


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How do I register for Netcode?
Signing up for Netcode is easy and free to do. Simply call us on 0800 FASTNET (0800 327 863) and select option 2, or visit any ASB branch. If you are overseas you can us on + 64 9 306 3000. All you need is a New Zealand or International registered mobile phone number.
Please note: Netcode via SMS is free to use if you have a New Zealand mobile phone number, but please check with your provider in case there are charges to receive international text messages. Since we rely on international phone providers to send our Netcode SMS to international phone numbers, we cannot guarantee you'll be able to receive Netcode SMS to your international phone number.
We'll ask you some security questions to establish it is really you, but we'll never ask you for your FastNet Classic Password or your PIN number.
You can receive Netcode in two ways:
- Netcode by TXT: We'll send your Netcodes to your mobile. Once your registration is complete you can start Netcode authenticated transactions straight away.
- Netcode on a token: we'll post your token out to you. When it arrives, call 0800 FASTNET (0800 327 863) to activate it.
Related Answers
We've recently made a few improvements to your internet banking experience to make managing your money even easier. When you ...
ASB's online services all come with security features aligned with good practice. FastNet Classic internet banking has several layers of ...
You can hide some accounts from your Balances summary and Transfers in the 'from' drop down box in FastNet Classic. ...
If you forget to click log off and then navigate to another website or close your browser tab, your internet ...
To join FastNet Classic, please call 0800 FASTNET (0800 327 863) or drop into your local ASB branch. If you ...


text: Contents[show] To doEdit Harvest 20 cactus skins in The Desert. These do not always successfully drop from the defeated cacti. After questEdit RewardEdit ... ... experience ... coins NotesEdit This quest is repeatable, so you can start it again if you have finished it before Retrieved from "http://dream-world.wikia.com/wiki/Harvester?oldid=11030" Ad blocker interference detected! Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected. Categories: Side Quests Add category Cancel Save


text: The Ashwinder is created when a magical fire is allowed to burn unchecked for too long. A thin, pale-grey serpent with glowing red eyes, it will rise from the embers of an unsupervised fire and slither away into the shadows of the dwelling in which it finds itself, leaving an ashy trail behind it. The Ashwinder lives for only an hour and during that time seeks a dark and secluded spot in which to lay its eggs, after which it will collapse into dust. Ashwinder eggs are brilliant red and give off intense heat. They will ignite the dwelling within minutes if not found and frozen with a suitable charm. Any wizard realizing that one or more Ashwinders are loose in the house must trace them immediately and locate the nest of eggs. Once frozen, these eggs are of great value for use in Love Potions and may be eaten whole as a cure for ague. Ashwinders are found worldwide.


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About "Tritonblues-> Titanhues"
Another in the iPod series.
Apps used:
Sound Pallete
NLog synth
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Oh, cool, someone else uses their pocket phone to harness the modern generator apps for something unusual.
Usually, I get flustered because people think I should somehow be able to buy a Kurzweil or a Korg or even a Roland when that's simply not in the cards for me. I use the Android sound generator apps to create textures & fill up space with patterns of rhythm & melody, & I've started to feel a little bit foolish for even trying to make moderne sound performances, since I mostly rely on an acoustic guitar & my vocal mics to multitrack my compositions.
What an amazing soundscape. Its like dance music for beatles and slugs and other small slimy things. I love that thick sound on the synths.
Love Your Sounds Man!
The way you construct these pieces are Sublime!
Odd, but somehow interesting… :)
I think we're vibrating on the same wavelength. Excellent experimentation man.
Clearly things are very good in Valles Marineris…
Good use of sounds in here. Not at all like my usual techno babel. Start brought to mind something primevial and then a soundscape for a scifi horror train in a futuristic fairground ride.
oh so good!!!! Cant believe this source of this!! Pro!
Very cool! The first couple of minutes are like some kind of tribal techno
Ooh, this is potent. Love that heavy rhythm underpinning the experimental ambience in the first couple of minutes.


text: I Miss Ya'll, Really. Wish I could talk you guys more often. LOL guess you guys have a new rainbow? XD Retrieved from "http://unstoppablembers.wikia.com/wiki/User_blog:Sagethemadhatter/I_Miss_Talking_With_You_Guys?oldid=26527" Ad blocker interference detected! Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected. Category: Blog posts


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I clipped this from another pageant blog written by one of the National American Miss Staff. http://buildingthecrown.blogspot.com/2009/07/national-american-miss.html I just thought what she said was so right on with what the program is all about:
Wow! I have been soooo busy. I have been on a 3 week tour of the Eastern part of America working for NAM. I started in Kentucky, just left Georgia and Thursday I leave for South Carolina. I have had the chance to talk to some amazing people this year. Every year I have a story that touches my heart and this year I bring you a story from Kentucky. National American Miss always pick great judges, and I wonder at times why other systems can't find great people like these judges I meet. They are always right on when they pick the winners. This year, a young Jr. Teen named Megan Webb was crowned however Megan was born with a disease that caused her legs not to work right. She uses crutches or a walker everyday of her life, but when she was on stage, her smile just glowed and the judges said they fell in love with her because she had heart. Everyone that night was crying and just touched by this crowning. I hope that everyone who reads my blog truly looks at the inside of everyone and not the outside. Well, I better get to packing as I leave at 6am for my next show.
Posted by Paws For Therapy.
Posted by Paws For Therapy.


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This week Morrissey Goodale reported three deals in the United States involving companies from Idaho, Pennsylvania, New York, California, North Carolina, and Michigan.
M&A Transactions
Full-service planning and engineering firm, T-O Engineers (Meridian, ID), acquired Pharmer Engineering (Boise, ID), a firm that specializes in water and wastewater treatment systems. Link to details
Architecture firm, spg3 (Philadelphia, PA), joined Bergmann Associates (Rochester, NY) (ENR #206), an architecture, engineering, and planning firm. The joint firm will provide retail, hospitality, entertainment, civil and expanded commercial services both regionally and nationally. Link to details
Montrose Environmental Group (Irvine, CA), through its wholly-owned subsidiaries Montrose Air Quality Services (Irvine, CA) and Enthalpy Analytical (Durham, NC), acquired the field services and laboratory business assets of Prism Analytical Technologies (Mount Pleasant, MI). Link to details


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Explore a number pattern which has the same symmetries in different bases.
A composite number is one that is neither prime nor 1. Show that 10201 is composite in any base.
This is an interactivity in which you have to sort into the correct order the steps in the proof of the formula for the sum of a geometric series.
Find a connection between the shape of a special ellipse and an infinite string of nested square roots.
Show that the infinite set of finite (or terminating) binary sequences can be written as an ordered list whereas the infinite set of all infinite binary sequences cannot.
If a two digit number has its digits reversed and the smaller of the two numbers is subtracted from the larger, prove the difference can never be prime.
With n people anywhere in a field each shoots a water pistol at the nearest person. In general who gets wet? What difference does it make if n is odd or even?
Generalise the sum of a GP by using derivatives to make the coefficients into powers of the natural numbers.
Explore the continued fraction: 2+3/(2+3/(2+3/2+...)) What do you notice when successive terms are taken? What happens to the terms if the fraction goes on indefinitely?
Take any pair of two digit numbers x=ab and y=cd where, without loss of generality, ab > cd . Form two 4 digit numbers r=abcd and s=cdab and calculate: {r^2 - s^2} /{x^2 - y^2}.
Can you see how this picture illustrates the formula for the sum of the first six cube numbers?
Freddie Manners, of Packwood Haugh School in Shropshire solved an alphanumeric without using the extra information supplied and this article explains his reasoning.
Explore what happens when you draw graphs of quadratic equations with coefficients based on a geometric sequence.
By proving these particular identities, prove the existence of general cases.
Peter Zimmerman, a Year 13 student at Mill Hill County High School in Barnet, London wrote this account of modulus arithmetic.
An account of methods for finding whether or not a number can be written as the sum of two or more squares or as the sum of two or more cubes.
Take a number, add its digits then multiply the digits together, then multiply these two results. If you get the same number it is an SP number.
An article which gives an account of some properties of magic squares.
Solve this famous unsolved problem and win a prize. Take a positive integer N. If even, divide by 2; if odd, multiply by 3 and add 1. Iterate. Prove that the sequence always goes to 4,2,1,4,2,1...
Some puzzles requiring no knowledge of knot theory, just a careful inspection of the patterns. A glimpse of the classification of knots and a little about prime knots, crossing numbers and. . . .
This article discusses how every Pythagorean triple (a, b, c) can be illustrated by a square and an L shape within another square. You are invited to find some triples for yourself.
Suppose A always beats B and B always beats C, then would you expect A to beat C? Not always! What seems obvious is not always true. Results always need to be proved in mathematics.
Tom writes about expressing numbers as the sums of three squares.
Fractional calculus is a generalisation of ordinary calculus where you can differentiate n times when n is not a whole number.
Can you discover whether this is a fair game?
Some diagrammatic 'proofs' of algebraic identities and inequalities.
In this 7-sandwich: 7 1 3 1 6 4 3 5 7 2 4 6 2 5 there are 7 numbers between the 7s, 6 between the 6s etc. The article shows which values of n can make n-sandwiches and which cannot.
We continue the discussion given in Euclid's Algorithm I, and here we shall discover when an equation of the form ax+by=c has no solutions, and when it has infinitely many solutions.
If I tell you two sides of a right-angled triangle, you can easily work out the third. But what if the angle between the two sides is not a right angle?
In this article we show that every whole number can be written as a continued fraction of the form k/(1+k/(1+k/...)).
Peter Zimmerman from Mill Hill County High School in Barnet, London gives a neat proof that: 5^(2n+1) + 11^(2n+1) + 17^(2n+1) is divisible by 33 for every non negative integer n.
Can you make sense of the three methods to work out the area of the kite in the square?
The first of two articles on Pythagorean Triples which asks how many right angled triangles can you find with the lengths of each side exactly a whole number measurement. Try it!
Follow the hints and prove Pick's Theorem.
This is the second article on right-angled triangles whose edge lengths are whole numbers.
A point moves around inside a rectangle. What are the least and the greatest values of the sum of the squares of the distances from the vertices?
It is impossible to trisect an angle using only ruler and compasses but it can be done using a carpenter's square.
The country Sixtania prints postage stamps with only three values 6 lucres, 10 lucres and 15 lucres (where the currency is in lucres).Which values cannot be made up with combinations of these postage. . . .
A blue coin rolls round two yellow coins which touch. The coins are the same size. How many revolutions does the blue coin make when it rolls all the way round the yellow coins? Investigate for a. . . .
We only need 7 numbers for modulus (or clock) arithmetic mod 7 including working with fractions. Explore how to divide numbers and write fractions in modulus arithemtic.
When if ever do you get the right answer if you add two fractions by adding the numerators and adding the denominators?
The first of five articles concentrating on whole number dynamics, ideas of general dynamical systems are introduced and seen in concrete cases.
The final of five articles which containe the proof of why the sequence introduced in article IV either reaches the fixed point 0 or the sequence enters a repeating cycle of four values.
Take a complicated fraction with the product of five quartics top and bottom and reduce this to a whole number. This is a numerical example involving some clever algebra.
Here is a proof of Euler's formula in the plane and on a sphere together with projects to explore cases of the formula for a polygon with holes, for the torus and other solids with holes and the. . . .
Start with any whole number N, write N as a multiple of 10 plus a remainder R and produce a new whole number N'. Repeat. What happens?
This article looks at knight's moves on a chess board and introduces you to the idea of vectors and vector addition.
This article extends the discussions in "Whole number dynamics I". Continuing the proof that, for all starting points, the Happy Number sequence goes into a loop or homes in on a fixed point.
In this third of five articles we prove that whatever whole number we start with for the Happy Number sequence we will always end up with some set of numbers being repeated over and over again.
Professor Korner has generously supported school mathematics for more than 30 years and has been a good friend to NRICH since it started.


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CIT Group Inc. Relationship Associate Hybrid in Los Angeles, California
About CIT
CIT (NYSE: CIT) was born in 1908 when Henry Ittleson found a new way to make financing available to businesses in St. Louis, Missouri. Soon CIT was forging paths across the country, into Canada and overseas. But time and experience have produced innovations unimagined a century ago. True to its pioneering legacy, CIT remains an agent of opportunity, providing new resources and fresh perspectives to over one million clients across thirty industries around the globe.
CIT is a financial holding company. It provides financing, leasing and advisory services principally to middle market companies across more than 30 industries primarily in North America, and equipment financing and leasing solutions to the transportation sector. It also offers products and services to consumers through its Internet bank franchise and a network of retail branches in Southern California, operating as OneWest Bank, a division of CIT Bank, N.A.
For more than 100 years, CIT has steadily innovated, providing carefully tailored financing solutions to meet the needs of a changing global economy. Along the way, CIT continually redefined what it means to be a financing partner, providing ideas as well as capital to build businesses – and relationships – that have endured for decades.
About OneWest Bank
OneWest Bank was founded as a regional bank in Southern California dedicated to customer service and a commitment to our community. As a division of CIT Bank, N.A., that commitment continues and we're proud to be Southern California's hometown bank. Headquartered in Pasadena, our executive team is comprised of industry leading experts who reside in Southern California and understand the local market and economy. With a strong capital foundation and consistent focus on providing value to our customers, we offer a full suite of banking services customized to your specific individual or business needs.
Our retail branches, spanning from San Diego to Ventura County, offer a full array of deposit and lending solutions for consumers and small businesses. We also offer a suite of wealth management products and services including private banking, investment advisory and trust services. As local specialists in the real estate market, we offer custom home loans up to $15 million with competitive rates, low down-payment options and personalized service to guide you through the loan closing process.
Our Small Business Administration Lending specializes in SBA 7(a), SBA 504 and Owner-Occupied Commercial Real Estate loans to meet the needs of California's growing small businesses. Our Deposit and Payment Solutions help your business improve cash flow management, reduce costs, improve productivity and protect against fraud.
OneWest Bank's mission is to help you achieve your financial goals One Person at a Time® and One Business at a Time®. If you are an existing customer, we look forward to expanding our relationship with you, and if you are a potential new customer, we would be pleased to welcome you to OneWest Bank.
The primary function of the Relationship Associate is to build strong relationships with OneWest customers by providing guidance and navigating customers toward solutions that meet their needs in an environment that is large enough to fulfill our customer needs but small enough to maintain OneWest's culture of exceptional service.
The essential functions of the job include, but are not necessarily limited to, the following:
– Builds customer relationships that embody OneWest's "One Customer at a Time" standard byproviding value added guidance
– Dedicates time to engage customers in meaningful conversation to understand customer needs
– Utilizes contact management system by notating what was learned both financially and personally whichwill continue to build on customer relationships through follow up
– Leverages OneWest Bank's resources to support customer relationships
– Navigates customers by recommending financial solutions with OneWest Bank products and services
– Expands knowledge of OneWest Bank standards and culture in order to make appropriatesuggestions for fulfilling customers' needs
– Guides customers through more complex financial needs such as buying a home, funding retirement,and operating a small business
– Processes basic transactions and guides customers to new technologies for their convenience andpreferences
– May be required to manage a cash drawer
Minimum Qualifications:
– Experience in leveraging resources such as technology channels, lending, business banking,and investments as well as aligning products and services
– Experience in reviewing and analyzing customer information to identify needs and create solutions
– Must have high competency in the banking industry, banking channel, and products
– Must be able to manage and process information through a contact management system
External Company Name: CIT Group LLC
External Company URL: https://www.cit.com/


text:
Accession Number : ADA322905
Title : Maps of Distribution and Abundance of Selected Species of Birds on Uncultivated Native Upland Grasslands and Shrubsteppe in the Northern Great Plains.
Corporate Author : FISH AND WILDLIFE SERVICE JAMESTOWN ND NORTHERN PRAIRIE WILDLIFE RESEARCH CEN TER
Personal Author(s) : Kantrud, Harold A.
PDF Url : ADA322905
Report Date : JUL 1982
Pagination or Media Count : 38
Abstract : Many areas of the northern Great Plains (Fenneman 1931) remain poorly known ornithologically. Knowledge of species distribution in portions of this vast area has been advanced by recent State birds books (Stewart 1975; South Dakota Ornithologists' Union 1978) but many voids remain. Especially desirable for biologists and land managers is information concerning the relative abundance of plant and animal species over large land areas. This information can only be obtained from extensive surveys of the biota. The field of community ecology has been severely hampered by lack of information on species abundance (Dice 1930; Cain 1947; Partch 1962; Udvardy 1963). In 1974-78, the U.S. Fish and Wildlife Service's Migratory Birds and Biological Services Programs jointly funded an extensive study in an attempt to develop a classification of native, northern Great Plains grasslands based on their use by breeding birds. Other goals were to investigate the effects of grazing and other environmental factors on breeding birds and the vegetation. The results of these portions of the study will be reported later. The purpose of this report is to provide ecologists and ornithologists with recent information on areas of abundance of some of the more important members of the avifauna which use grasslands. This information should also prove valuable to conservationists and resource managers as energy developments and further expansion and intensification of the agricultural industry result in increased destruction of native grassland habitat in areas now supporting some of the less common species.
Descriptors : *RESOURCE MANAGEMENT, *HABITATS, *BIRDS, *WILDLIFE, *ECOLOGY, *PLANTS(BOTANY), *GRASSLANDS, *BIOLOGISTS, *BREEDING, INDUSTRIES, ENVIRONMENTS, COMMUNITIES, BIOLOGY, DISTRIBUTION, SURVEYS, SUPERVISORS, MAPS, ANIMALS, MANAGEMENT PERSONNEL, CONSERVATION, AGRICULTURE, LAND AREAS, SOUTH DAKOTA, BOOKS.
Subject Categories : Biology
Medicine and Medical Research
Personnel Management and Labor Relations
Distribution Statement : APPROVED FOR PUBLIC RELEASE


text:
Read a comprehensive report about ICBC's activities throughout the preceding year.
Download full 2015 Annual Service Plan Report
ICBC's Board Chair, Barry Penner, Q.C., and CEO, Mark Blucher, share highlights of ICBC's 2015 performance.
Read the full text of the Message from the Chair and CEO
This section summarizes ICBC's financial and non-financial performance, and major events that occurred in 2015. It also provides financial outlooks for 2016/17 to 2018/19 and a summary of ICBC's actual performance relative to the 2015-2017 Service Plan. ICBC's objectives and key strategies are summarized for each corporate objective, and the results for each performance measure are discussed.
Read the full text of the Report on performance
The Discussion of results section provides an analysis of ICBC's financial performance, and complements the consolidated financial statements by providing context and prospective information.
Read the full text of the Discussion of results
Consolidated Financial Statements


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A new free adult printable mandala coloring page by Yessof
This is a free printable adult mandala coloring page, made by a friend of mine, who lives also in Belgium: Yessof.
He happily shares his art with you, click on the image to download the coloring page!
Warm regards,
Create your own Goddess Art.
For color pencils, aquarel or acrylic paint
– Yessof.com


text:
found a new home!
Plenty of my friends are looking
for one too. Find a pet to adopt.
I am already neutered, housetrained, up to date with shots, good with kids, good with dogs, and good with cats.
My name is Koda and I am a beautiful year old male Great Pyrenees/Aussie mix. I know I used to have a home...the kind that should have been my forever home but my owners had other plans for me. As I got older and more rambunctious they decided they no longer wanted me and threw me out in the yard and eventually abandoned me altogether. I ended up roaming around on my own for weeks before animal control picked me up. Once they did I spent three weeks at their facility and no one ever adopted or claimed me. They finally said that if I do not leave ASAP they will have no choice but to put me down which everyone hated because I was such a super sweet and awesome boy! A local volunteer reached out to this rescue and WHA LA!! I am now safe in rescue and so excited to see what lies ahead of me.
I greeted my fosters with big ole bear hugs and lots of kisses. I was so excited and kept dancing around them and even hopped right into their car. I am for the most part leash trained but I LOVE meeting new dogs and don't mind taking YOU for a walk to go meet them. I am a very active boy and am always on the move, there is just so much to do and see!! I have beautiful brown markings scattered all across my body and one takes the form of an eye patch on my right eye!! I have single dews and a lovely white coat which I am betting will just come in more now that I am getting good nutrition.
My adoption fee is $200 and I am fully vetted, micro-chipped, neutered, negative for heartworms, and current for flea/tick and heartworm prevention. If you are an active family looking for a dog who loves to do..well anything with you then look no further because I AM RIGHT HERE!! :)
Please..Please fill out an adoption app for me at http://www.pyrpawsandfluffytailsrescue.com/adoption-app
Koda, a Kiowa Great Pyrenees/Australian Shepherd dog was adopted! Here's how you can benefit by looking at adoption as an option to buying a Great Pyrenees/Australian Shepherd for sale in Kiowa, or seeking a Great Pyrenees/Australian Shepherd dog from a breeder in Kiowa.


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Some enhancements in OVM Server for SPARC 2.2 are reviewed in a post from Raghuram Kothakota, who deals specifically with added support for Metis-Q and Metis-E cards. In Kothakota's view these cards are important because they are the only cards that incorporate both FibreChannel and Ethernet, enabling a user to have both SAN storage and network access with just one card and one PCIe slot assigned to a logical domain. This reduces cost and helps when there are less number of slots in a given platform, the post asserts. Part numbers for both cards are included in the post.
A new report from IHS iSuppli shows that while sales of hybrid drives are expected to double over the next year, that increase is unremarkable compared with sales of pure solid-state drives (SSDs), which are expected to skyrocket 2,660%..."
Concerns were especially high in the retail, distribution & transport sectors, with 84% rating it as their top concern, and in financial services, with 76%..."
Traditionally, robots working in factories are large, imposing and sectioned off in metal cages as they move heavy loads and perform menial, repetitive tasks.
However, Julie Shah, the Boeing Career Development Assistant Professor of Aeronautics and Astronautics at MIT, said robots can be more than they've been in a manufacturing setting. It's time for robots to begin working more closely with humans, making workers jobs' safer and easier..."
The recent webcast on what's new in Solaris 11 since the launch featured a Q&A session that has been edited and summarized in a post by Karoly Vegh, who has selected the most relevant and most frequently asked questions and includes them and the answers delivered. This post is the first part, covering the Q&A of Session I and II of the webcast. If sufficient requests are made for a look at the rest of the sessions, Vegh suggests they will be provided in a subsequent post.
MySQL Enterprise Backup v3.7.0 (MEB 3.7.0 has made backing up the solution less difficult to manage, Sagar Jauhari blogs. In MEB 3.7.1 the option '-incremental-base' has been extended to allow the user to take an incremental backup as easily as possible using the 'Âincremental-base' option. With the new option MEB queries the backup_history table for the last successful backup and uses its end LSN as the start LSN for the new incremental backup. "Apart from ease of usability an important advantage of this option is that the user can do repeated incremental backups without changing the command line," he adds.
But listing the benefits is easy. The real challenge is evaluating whether a cloud solution can provide these advantages while still meeting the unique privacy, security and compliance needs of large and complex government agencies..."
Enterprises are starting to perceive local network carriers and smaller, local cloud providers as more reliable than large, pure-play cloud providers..."
Corporate IT managers have been wary of European data-privacy laws since the early 2000s, when requirements designed to limit the degree to which corporations could move or exploit the personal data of customers came into vogue on the Continent..."
Copyright theft has become so habitual that it has become socially acceptable. Image via Shutterstock
A big problem with copyright infringement is that in many regions, general social acceptance of copyright is completely out of alignment with the current legal landscape. In many ways, it is no different than the many and varied other Wars On Stuff which have sought to fundamentally change society's habits, preferences and beliefs..."
We found four professionals who did just that, including three former CSOs who now hold other business roles and one former security journalist who is an editor at the renowned business publication Harvard Business Review.
They shared with us their new perspectives on how they view security and risk management from across the chasm..."
Meet with local Virtualization enthusiasts and talk about technology, theory, politics of the industry or whatever else gets your propeller spinning.
This is a great opportunity to meet with other virtualization enthusiasts and professionals and enjoy discussing all things virtualization, and in fact anything else that comes up in conversation.
This vBeers event is sponsored by Nexenta Systems.
Come meet the new South East regional manager for Nexenta, Adam Wick.
Find out why the register says, ÂExabyte era nigh for NexentaÂ
Location: MurphyÂs Law Irish Bar
Address: 1 Seminole Way, Hollywood, FL 33314 USA
Date:Wednesday, June 27th
Time: 6pm to 9pm  arrive and depart any time
Free parking. Enter parking from State Rd 7. Park as far to the west as you can. Elevators will drop you off right next to MurphyÂs.
Read on ...
So in the spirit of "forewarned is forearmed," we bring you 20 mistakes IT managers would do well to avoid. Names have been changed to protect the guilty, but the lessons learned are plain to see. Don't get caught in these all-too-common blunders..."
Geoff Connell, currently the joint head of ICT at the London boroughs of Newham and Havering, was appointed to lead the datacentre consolidation project for London around two weeks ago..."
Company founder Dale Vile says the trend is driven not just by the so-called digital natives, but by more senior staff who have the disposable income to afford cool devices, and the seniority to override rules and use them at work if they want to..."
ThereÂs a saying Âdo as I say, not as I do which seems to resonate in the executive corridor of far too many organizations. In this cautionary tale, we use the saying to create a fictitious scenario. This is created to illustrate just how dangerous double standards can be. Our unfortunate protagonist is the managing director, who believes the rules donÂt apply to them..."
78% of 18 Â 25s respondents do not follow security best practices, while cybercriminals are launching new and more sophisticated attacks on consumers. In comparison, 56 Â 65s are more concerned about security and privacy and are twice as likely to protect their computers with additional security software..."
There's a lot that businesses still have to ask their cloud service providers before signing up for service, especially about how secure their cloud environment is, the chief operations officer of the Cloud Security Alliance said at a cloud conference here..."
When Facebook's much-vaunted IPO fell flat a couple weeks ago, conventional wisdom said the dot-commers' belief that almost any online business can make billions through advertising was not a realistic business model after all. Advertising fees online trail those of other media, and multiple studies show that when people are engaged in social networks, they tune out ads precisely because they are so focused on their interactions..."
Technologists should seek out government posts because it gives them the opportunity to affect public policy, which often affects their jobs, Felten said..."
Yesterday was Father's Day, so I found myself wondering what I'd say to my son if he asked me whether he should go into IT.
Now, obviously, I'm going to be supportive about almost any legal activity he really wants to pursue. But say he was in college, on the fence, and asking my advice (not necessarily a realistic assumption). What would I reply?..."
But the government isn't alone in neglecting the interests of its constituents -- so do many high-tech companies. They don't bother to hide it, either. It's as plain as their stock ticker symbol..."
This faulty calculation is the dirty little secret of today's typical CCO, says Bob Janacek, CTO at cloud-based information delivery company DataMotion..."
Harvard Business School Professor Josh Lerner has published a new report (32-page/300KB PDF) that claims that venture capital investment in cloud computing companies in France and Germany has fallen in relation to elsewhere in the EU as a result of court judgments on copyright issues in those countries..."
A strength of this movie is the time it spends watching these superheroes as they work out their differences and learn how to work together. The movie is more a story about people, egos, and relationships than about heroes and alien attackers. How do we see ourselves? Who is important and why? Why should we work together instead of alone? ..."
A key place to start is with setting policies, said Jon Oltsik, senior principal analyst of the Enterprise Security Group (ESG), said at an online session with industry experts June 14. Security is an important part of this process because organizations need to think about users, groups, rules and responsibilities..."
Mobile devices pose significant risks for privacy incidents for healthcare organizations, providers and entities responsible for safeguarding protected health information (PHI) under Federal HITECH and HIPAA regulations..."
The rapid proliferation of consumer mobile devices is changing the traditional IT environment in enterprises, as 90 percent of enterprises have already deployed mobile devices, with smartphones being most widely deployed, according to a survey by Gartner. Eighty-six percent of enterprises surveyed said that they plan to deploy media tablets this year..."
Fortinet, which sponsored the survey, says it decided to focus the BYOD-related questions specifically on college-educated employees between the ages of 20 and 29 because this younger segment -- the future of the workforce -- is digitally savvy, and their first phone may be a smartphone..."
The longer version of this article has list of top ten articles for the last 8 weeks.
Almost every customer I deal with has unhappy developers who feel constrained. Not only are they being forced to develop applications in which users will not always have admin rights, but the dastardly system administrators aren't letting developers run with full administrator rights all the time, either..."
Load balancers play a vital role in any organization where server uptime, client and staff connectivity, and performance are considered essential. Here are five reasons you need to use a load balancer in your enterprise..."
Here are the top 10 reasons tape not only isn't dead, but is thriving, and it might even be better than disk -- in certain instances, of course..."


text:
Clearview Homes (GNIS FID: 1452701) is a populated place LOCATED WITHIN the City of West Valley City. In turn, the City of West Valley City is located within Salt Lake County.
Clearview Homes is located at latitude 40.679 and longitude -112.007. The elevation of Clearview Homes is 4,439 feet above mean sea level.
Since Clearview Homes is located within the City of West Valley City, all of the census and demographic data for residents of Clearview Homes are included as part of the information reported for City of West Valley City in the "Data" tab above.
In similar fashion, ALL OF THE NAVIGATION TABS ABOVE ARE FOR THE City of West Valley City Community Profile.
Salt Lake County: Cities & Towns | ZIP Codes | Features (airports, churches, hospitals, etc.)
BIG Map |
Driving Directions |
Data Source - USGS GNIS FID: 1452701
BOUNDARY MAPS: City of West Valley City | Salt Lake City Division | Salt Lake County
West Valley City, UT
(< 0.1 mile)
Kearns, UT (1.4 miles SSE)
Taylorsville, UT (3.6 miles ESE)
Magna, UT (5.3 miles WNW)
West Jordan, UT (6 miles SE)
Murray, UT
(6.3 miles E)
South Salt Lake, UT (6.8 miles ENE)
Millcreek, UT (7 miles E)
Midvale, UT (7.4 miles SE)
Salt Lake City, UT (8.3 miles NE)
Woodledge, UT
(< 0.1 mile)
Sky Blue Acres, UT (< 0.1 mile)
Springbrook, UT (< 0.1 mile)
Mac Sweeney Estates, UT (< 0.1 mile)
Hector Village, UT (< 0.1 mile)
Hunter Hills, UT
(< 0.1 mile)
Hunter Stake, UT (< 0.1 mile)
Cherrywood Village, UT (< 0.1 mile)
Deerfield Meadows, UT (< 0.1 mile)
Deerfield, UT (< 0.1 mile)


text:
Hotel Information
Below you will find information on recommended hotels in Mainz. Please see this PDF for the detailed information.
Please contact the hotels directly to make a booking.
Alternative accommodation can be found online, e.g. de.hotels.com or www.booking.com
See Getting Here for information about how to travel to Mainz and to IMB.


text:
Read More
Read More
Read More
27 NC counties are under alert, including Wake, Cumberland, Johnston, Wayne, and Harnett counties. Details
Published: 2007-09-10 13:55:23
Updated: 2007-09-10 13:55:23
Posted September 10, 2007
By Julia
MIKE MOSS SAYS: Julia, I'm assuming you're asking about relative humidity (RH), the one (given in percent) that we typically show on air, although we prefer to track moisture in the air by way of the dew point more so than RH. Relative humidity can be measured directly by some types of instrumentation, while others measure something called wet bulb temperature or dew point, and those readings can be used along with air temperature measurements to compute the RH. For some links and an equation for calculating RH, see the earlier question and answer at the address below:
Please sign in with your WRAL.com account to comment on this story. You also will need a Facebook account to comment.


text:
Whispering Hills is a neighborhood located in Milwaukee, Wisconsin.
There is a lower crime rate in Whispering Hills than in other places so you'll love taking strolls around the neighborhood. Make good use of your travel time by catching up on your reading, emails, and phone calls while riding on transit here.
Whispering Hills seems to appeal more to women than to men for some reason, as the current population is predominantly female. This neighborhood is a great place to settle down and join a senior community full of people enjoying their retirement years.
In Whispering Hills, the average listing price is $38,740 this year, a small 3.9 percent drop from the year prior. Many homes in this locale have a swimming pool so you can enjoy parties with your family and friends all summer long.
No, I am not eligible
My Income qualifies


text:
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Create a website that can be easily managed by me
Ngân sách $30-250 AUD
I need someone to create a website that can then be easily managed by me.
This website will be a platform where people will get in touch.
There will be few listings that need to be updated automatically and payment methods as well for memberships.
I'm looking for someone who can set up the original template so I can then manage the website myself.
More information for successful applicants.
Đã trao cho:
Hi, can u please discuss in details so that we can let you know the best time frame and cost. we always work for client satisfaction so please initiate chat as soon as possible :) Thank you Tulsi
67 freelancer đang chào giá trung bình $180 cho công việc này
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Known for bold color gemstone combinations, Bellari's inspiring artistic expressions continue to captivate collectors with romantic designs. "Each piece is created as its own work of art to be given its own unique interpretation by the individual who wears it," says Bellarri Adleman, one of the few designers who actually designs each piece that bears her company's name.
Bellari's stunning color gemstone designs received the jewelry industry's most prestigious award in 2010, the Grand Prize at the Jewelers Choice Awards.
You'll find Bellarri in San Jose, California at Willow Glen Diamond Company on Lincoln Avenue, the main street of San Jose's Willow Glen neighborhood.


text:
The staff were excellent - they simply couldn't do enough for us. The food was great and the candles and seating arrangements made each dinner something special.
- Official Description (provided by the hotel):
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- Also Known As:
- Logos Hotel Forte Dei Marmi


text:
Hi there,
i decided to head more direct to the south so i went from Mandu to Pune. It was a long day on the road….. here is the way i took:
It was 600km in one day..for my luck the first part was a real good way to go.. if someone is interested i will update also the rest of the way i went through india at my Gpsies account.
more to come soon… i´m taking a day off tomorrow so i will do some writing and updating the blog….


text:
matisse in the studio
matisse, picasso, braque… we all know and love them. but, have we every sat down to think about what really inspired them? i'm not talking about emotionally or historically (although those are important, too). i'm talking about the actual objects that caught their eye. to us, a chair is just something to sit on. to matisse, it meant something completely different. through matisse in the studio, an exhibit … Continue reading matisse in the studio


text:
Gaon Restaurant
160 Old Brompton Road,
South Kensington, London, SW5 0BA
Tel: 020 7373 0313.
Nearest Tube: Gloucester Road
Sake on offer:wide range
The world "Gaon" derives from the Korean word "Ga- On -Dae", which translates into "center, honest, fair". This trully charming new restaurant is offering a wide selection of Akita's sake to compliment a uniqie flavours of Gaon's dishes. Ambience and attentive service makes this restaurant a perfect place for a relaxing and enjoyable evening.
As from November you can book your party for "Kareoke Nights " (£30 p.p) at Gaon's Sake Bar downstairs. Please enquire at the restaurant for availability.


text:
Reviewed By Robert C (Oakhurst, CA) Reviewed for a 2004 GMC Yukon XL —2/10/2010 12:54 PM
Very good unit for the money
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text:
|My Parents house on far left with circle windows. Driveway
was on left -- get away car parked in front of tree to right.
Scary to know these guys had guns while these kids were outside playing just across the street from my parents home. Happy no one was hurt and these guys were caught!
|Gas Station robbed on corner. N. Broadway by S.S. Pky.
|Neighbors who got the license plate which helped catch the
Story from News 12 Long Island
Three kids are being hailed as heroes after police say they aided in the arrest of an alleged armed robber in North Massapequa. (on North Linden Street)
Authorities say the the suspect held up a Getty Gas station while the kids were outside. When the man ran out the door, they say the Getty employee yelled to the kids to get the license plate number of the getaway car.
The kids say they told police a description of the car and the license plate number they saw.
Police say they were only off by one digit in the plate number but they were still able to apprehend the alleged suspect based on the information provided.


text:
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Topic closed. 41 replies. Last post 11 years ago by Coin Toss.
Just for fun, to close out the year and bring in the New Year, let's make up some "Lucky Lotto Limericks"
Justxploring, where are you?
Those who run the lotteries love it when players look for consistency in something that's designed not to have any.
There is one and only one 'proven' system, and that is to book the action. No matter the game, let the players pick their own losers.
The problem is that limericks are usually a little "off-color" and usually start with that man from Nantucket.
There once was a man from Nantucket,
Who bought lottery tickets by the bucket.
He scratched for a decade,
Lost every penny he made,
And then finally said "Oh, just f.....
(can't finish this on LP)
There once was a lady from Phoenix,
Who wrote all her numbers on Kleenex.
One day she got the flu,
And she blew and she blew,
So now her numbers are
Okay...what else rhymes with Phoenix??
So now all her numbers are quick picks!
Couldn't resist, didn't fit rhyme-wise, but fit the whole limerick like a glove!
There's a guy on LP named Rick
has a thing for this Chicago chick
she calls the balls as they fall
numbers are off the wall
doesn't matter, she's now his sig!
Guess I need to stop trying so hard! Good fit.
When I saw the title of this thread I said to myself, COIN TOSS! Love your humorous interjections here at the Post! Just what we need after a laborous day of number crunching! Thanks for the laughs,you two! Look forward to these. You kids are great!
Good one, Coin Toss! I like that.
I would only change the last line to
"Doesn't matter, she's still his pick".
Posted 4/6: IL Pick 3 midday and evening until they hit: 555, 347 (str8).
There once was a boy named Coin Toss
Who always dreamed of being pit boss.
But then he got bored and finally broke free
And now he just plays lottery.
There once was a man from Nantucket
who bought lottery tickets by the bucket
There, then came a big win
He lost Family and Friends
And now sleeps with a cold, locked Musket
Feeling, PRICELESS!!!
Come on Jackpot!!!
Great stuff folks, thanks for the compliments, too.
Rick G, pretty close to the truth!
lottoluaghs, anyday you can make someone else giggle is a good day!
Justxploring, lottolaughs said "kids"
Litebets27, good one, and nice 'save'!
Thanks for cleaning mine up, Litebets. Must have been the pressure. You see your name in "lights" in the middle of the night and the race is on!!
There was a lady who lived by the shore,
Who worked at a convenience store.
She stole winners from a client,
And was very defiant,
But now she's serving 3 to 4!
There once was a man from Haiti
Who dreamed about being a lady.
One day he got lucky
He's no longer Chucky
And is driving around in a Lexus.
I tried to use another word in the place of the locked Mucket, but the word was edited out by LP. Must have been "TOO DIRTY". .
I need to work, but this is getting my brain functioning! (or not...) LOL
There once was a woman from L.A.
Who bought tickets every single day.
When she finally hit the jackpot
She said "Tell Hubby? I think not!"
And she's hiding somewhere in Bombay.
Justx...those are some good ones!
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