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OAKLAND — Matthew Aaron Llaneza bragged to his accomplice that after blowing up a Bank of America branch in Oakland, "he would dance with joy." Then after an act of terrorism that Llaneza hoped would be blamed on anti-government militias, federal officials say, he planned to flee to Afghanistan and train Taliban fighters.
But Llaneza's co-conspirator was not, as he believed, a member of the Taliban. He was an undercover FBI agent, and that's why early Friday morning, Llaneza, a 28-year-old San Jose resident and former Marine, was arrested after federal authorities say he attempted to detonate a car bomb that they had secretly rendered inoperable as part of a months-long sting.
Federal agents swooped down on Llaneza near the bank on Hegenberger Road after he tried to set off the fake bomb using two cellphones.
Authorities were tight-lipped Friday about the bizarre scheme, which was thwarted by the FBI's South Bay Joint Terrorism Task Force.
"It's a national security matter," said FBI spokeswoman Roselie Custodio. "That's why we're keeping such a close hold on this. But we want to make clear that we went to great lengths to ensure that there was no threat to public safety."
Llaneza made his initial appearance in federal court on Friday morning and was charged with attempted use of a weapon of mass destruction. If convicted, he faces a maximum sentence of life in prison.
Federal authorities were not allowing jailhouse interviews with Llaneza, according to the Alameda County Sheriff's Office, and attempts to contact his family members on Friday were unsuccessful.
But Santa Clara County court records stemming from a 2011 weapons conviction paint a picture of a deeply troubled man. The U.S.-born Llaneza, documents indicate, likely suffered from mental illness that included bouts of paranoia, suicidal tendencies, hallucinations and voices in his head in addition to a vast working knowledge of weaponry.
Those same records show Llaneza's father, Steve Llaneza, long had concerns about a son whom he told investigators had briefly served in the Marine Corps before being discharged for an undisclosed reason. He lived for several years with his grandparents in Mesa, Ariz., and graduated from Red Mountain High School there in 2003.
During his time in Arizona, Llaneza described himself as an "armorist" who was proficient in weapons assembly, and records show that in February 2008 he founded Sand Fire Tactical, which he described in its articles of organization as an "Internet sales, light manufacturing" firm in Mesa.
He had abruptly converted to Islam — going by the name of Tarq Kahn — before returning to California in 2011, living in a recreational vehicle in front of his father's North San Jose house.
Llaneza's father told investigators that his son had briefly served in the Marine Corps before being discharged for an undisclosed reason.
When Llaneza moved his RV to San Jose, his father gave him bathroom privileges but barred him from being inside the home unless he was there, seemingly out of concern for the three children he had with his second wife. That concern led to the father pointing police to the firearms that resulted Llaneza's weapons arrest.
Friday's complaint against Llaneza describes him as a detail-oriented person intent on an eye-catching act of terrorism that he believed would foment civil unrest. Court records in Santa Clara County seemingly set the foundation for those thoughts after he was convicted in 2011 for illegally having an AK-47 assault rifle and accompanying high-capacity magazines he purportedly purchased and registered in Arizona.
The weapon surfaced after a suicidal episode brought him to the attention of police, and further interrogations revealed Llaneza's prior fears that "secret police" from the government were following him.
That discovery came out of an emergency call on April 17 that year to the home of Steve Llaneza, who had recently allowed his son to live in the RV outside. Appearing under the influence of alcohol and marijuana — with a history of hard-drug use — the son threatened to kill himself and was hospitalized under a mental health hold.
Ensuing investigations by San Jose police led to them finding the assault rifle and magazines, which prompted officers to take Llaneza out of the hospital and into custody. He was convicted of the weapons offenses and given a suspended sentence after having served six months in County Jail.
During the investigation and a corresponding preliminary hearing, Llaneza was described as being in and out of mental-health treatment and self-medicating with medically-obtained marijuana.
He told interrogating officers about suffering from depression and post-traumatic stress disorder from what he said were attempts by Arizona gangs to recruit him, expressing a fear of drug cartels and saying, "Someday you are going to find me dead in the desert."
Court documents state Llaneza took Zyprexa for bipolar disorder and Remeron, an antidepressant. A note attached to the court file said his hallucinations would go away when he took the medication. His recommended sentence after his 2011 arrest included a requirement that he "take medication prescribed for psychosis, bipolar disorder condition as directed by the mental health doctors."
In the criminal complaint of the foiled bombing, Llaneza is described as supporting the Taliban and wanting to engage in jihad.
Authorities allege that Llaneza believed blowing up the bank would "trigger a governmental crackdown, which he expected would trigger a right-wing counter-response against the government followed by, he hoped, civil war."
During the planning of the attack, Llaneza also allegedly said "he would dance with joy when the bomb exploded." After the attack, Llaneza reportedly had intended to flee by boat to Pakistan and then travel to Afghanistan to train with Taliban fighters.
He met Nov. 30 with the undercover agent who had led him to believe he was connected with the Taliban and mujahedeen in Afghanistan. Llaneza proposed a car-bomb attack on a Bay Area bank, according to authorities.
Llaneza suggested attacking the Federal Reserve Bank of San Francisco or another unspecified bank in the area. He later decided there would too much security at the Federal Reserve Bank and began scouting Bank of America locations in Oakland — both because of the symbolism of the name and his belief of Oakland being a center of protests, the complaint states.
He chose the Hegenberger Road location after research that included viewing aerial imagery of the building and its surroundings. Llaneza also suggested renting a Hayward storage facility unit to assemble the bomb, authorities stated. On Jan. 26, Llaneza and the undercover agent loaded into the SUV a dozen 5-gallon buckets containing chemicals prepared by the FBI to simulate an explosive mixture.
On Thursday night, the complaint continues, Llaneza and the undercover agent took separate vehicles to a Union City parking lot to complete the assembly of the fake device. Llaneza then drove the SUV to the bank, parked next to a supporting column and beneath an overhang in hopes the explosion would bring down the building. The undercover FBI agent met him there, and they walked a safe distance away to set off the bomb.
Llaneza was arrested after it failed to detonate.
The same bank, not far from Oakland International Airport, was the site of a bombing more than four decades ago by activists during the Vietnam War. The blast on May 24, 1971, shattered 15 windows, but no injuries were reported. In the early 1970s, three dozen branches of Bank of America were bombed and burned across the country.
But Friday, it was business as usual at the four-story tan building. Customers seemed unaware of the bombing plot.
Bank of America spokeswoman Anne Pace said Friday that the company is "cooperating with law enforcement. Nothing to add beyond that."
Meanwhile, a civil rights group questioned whether the sting had entrapped someone who might not have seriously considered a terrorist act without the help of authorities.
"Unfortunately, in recent years, we see the FBI targeting vulnerable individuals and essentially creating a plot, then thwarting it, to call it a win," said Zahra Billoo, the Bay Area spokeswoman for the Council on American-Islamic Relations. "It's the FBI's job to stop people who are operational terrorists. It's not the FBI's job to find people who are aspirational terrorists."
Billoo said it was too early to conclude if it was Llaneza or the FBI who initiated the plan, but she said the operation resembled similar arrests in other parts of the country.
"If they are spending all this time and energy and resources to create terrorists to then thwart," she said, "who's paying attention to the actual terrorists, the actual criminals?"
Staff writers Josh Richman, Matt O'Brien, Erin Ivie, Kristin Bender, Mark Gomez, Veronica Martinez and Leigh Poitinger contributed to this report. Contact Mark Emmons at firstname.lastname@example.com and Robert Salonga at firstname.lastname@example.com.


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Hey Lincoln,
Your posts have been swelling without much substance in them. I need to cut it short since I have been requested to make short inputs. Not many would bother to read tediously lengthy posts so; I would chop off irrelevant parts in your posts while answering it. Besides, I will make them in parts or else our readers will get bored to death going through lengthy inputs.
Lincoln wrote: The rotten basics as you have now raised were initially hidden in your thought-process. As you have mentioned this now, I can go and assume what you are trying it say.
What are the basics of Islam..The very basics? As you were Muslim as per your claim! I believe you know that but those who don't know about this , I am here informing them about the very basics of Islam..
1. Believing in ONE TRUE GOD .
And Believing in all the messengers of God, from the first Adam(Pbuh) to the very last Muhammad(Pbuh).
2. Praying to God five times a day.
3. Fasting in the month of Ramadan to feel the sufferings of the poor and to show the love towards God.
4. Paying Zakah(ofourse those who are wealthy)
5. Performing Hajj for those who are capable of.
We are not against Muslims performing any of the above. This is not what I mean rotten basics. Indeed there is rotten in them as I don't approve the concept of Zakat. It only pays to create parasites relying on others' generousness. This would sound harsh, but Zakat as an enterprise is not what a progressive religion should promote. Remember the ancient Chinese proverb: "If you give fish to a man, you feed him one day. If you teach him fishing, you feed him throughout his life".
Zakat means giving fish. Did you get me?
Now, I am not dying to oppose the Zakat system, but these five pillars are not the basics I want you Muslims discard. You may keep performing them though I always wondered why many Muslims loose their precious lives on their way of earning money to go on pilgrimage to Mecca to round and round a Ka'ba, to kiss a black-stone, to run like a frantic in between two hills..!! Anyway, carry on you guys but there is a sixth pillar which makes Islam a real Messlam. It is Jihad. Indeed Muhammad did not mention it while telling his thugs on the pillars of the cult he invented but no Muslims can ignore the importance of Jihad because it is a holy ordinance. It is Quranically sanctioned, and as long as Quran remains, Muslims will keep at least longing for it to turn their living world and the rest Islamic.
Evolve from this basic. You can only do it by reinterpreting Jihad. Still no way because reinterpretation should not hold water all the times; Well, I will explain of Jihad and its importance in a Muslim's life in an article. If you may please be patient, I am going to launch it soon in the FFI main site.
Lincoln wrote: Now, these are the very basics of Islam and any person who sticks to these basics can be called a true Muslim. Are these basics pose any threat to the modern civilization. Are they rotten?.. Is there anything that might be harmful for the people of other faith? No there is nothing. And As you were Muslim, you know that these five aspects are called FIVE PILLERS OF ISLAM. So, what rotten basics you talk that much loudly.
I explained it above. Quran is the rotten basic. A manual which keeps you reminding the theory "We against them" is rotten. It is decrepit so discard it or rewrite it in the modern context.
Important factor here is: The five pillars are not mentioned in Quran as pillars of Islam. Quran gives equal importance to all those along with Jihad. Or I would rather say, Jihad being on top if one reads and tries to understand its message objectively. The last revealed chapter of Quran Surah Taubah carries the ultimate message of it. And it is full of incitement to go on offensive war.
Now, this exceeds the limit. Dude… Is your Islam such an innocuous stuff that it only commands you to prostrate, fast, give alms and go to that Sordid hellhole for pilgrimage? Aren't there do's and don'ts in Islam?Lincoln wrote: And when we keep the basics with us, we can evolve dynamically regarding the new aspects of life that was alien to previous ages. Who doesn't understand that.. So, we evolve by keeping our basics. Evolution of belief doesn't mean you will have to give up your basics. (Even if you talk about the evolution of beings, you would find that even though you are multi-cellular, you have come from a unicellular being. Get the commonality of cell). The very basics of Islam are the nucleus of Islam and the surrounding gets changed according the demand and new-dimension of a particular age. But if you try to say that we should avoid the basics those I have quoted here then I say that yes! These basics are in on way can be termed as problematic let alone rotten to the age. Therefore, again, I am sorry to say that you didn't get Islam in your days of being a Muslim that has eventually led you here.
What are those goddamn do's and don'ts you have to observe? What is the penalty of doing the don'ts?
Hey man… your Islam means more; a lot more than those five pillars. They are not the basics but they are what are imperative for you to be a Muslim but still there is a long way to go for you to become a true Muslim. Do not dole out nonsense here; who are you trying to fool out?
What is Sharia? Would you please explain to us and let us see whether Islam has any other side too than those great Basics you mentioned.
Islam can not be in terms with many of the modern concepts like democracy, secular humanism because these concepts are not approved by your seventh century hate manual. It has its own laws of governing people. In above you are trying to constrain your religion in your personal life only which is considered as blasphemous even by nineteenth century scholars like Maududi and Syed Qutub. You as a Muslim can not conciliate with Taghooti government but it is your duty to strive for an Islamic government wherever you are. If you are in a weak position (as you are in now I doubt) Quran commands you to cleverly hide your vicious motives and play Taqiyya until you gain the upper-hand.
How can we make sure you are not playing Taqiyya now? After all, it is Quranically sanctioned or prescribed for a Muslim to hide his real motives while staying under infidel system until Muslims overwhelm infidel in numbers thus get the edge. (You may take it in any sense)
What happens when a Sharia state is established? How is an infidel treated under Sharia? What about Jizya which is also a holy decree found in Quran? How do you punish petty offences like dating, adultery? Can you please be overt a little?
Nice preaching but no cigar. Context argument is pure and uncorrupted nonsense given that your hate manual's relevance protracts to the end of times. Please have not your cake and eat it too.Lincoln wrote: The every violent part has its context to it and you will have to ponder on the context before attributing those verses. When the Glorious Quran says that "fight those who fights you".. You know with whom you are eligible to fight. When you see the verse "Kill them wherever you find them".. read the context, as it doesn't refer you to kill every one rather a specific group that declared war against Islam. When you read "smite their necks", you should get the context that its an action in battle.. Therefore, there are explanation of those so called 'violent ' verses and we are providing with those explanations because we want people to live in peace and happiness. Now, if anyone wants to create a confusion in todays world then he/she can explain those things in a different way to create an altogether different picture which you might like! ..
Of fighting, there are three clear stages as we understand from Quran.
Stage 1: Fighting was not prescribed in any chance. (Muhammad was in Mecca and if he and his alter-ego was foolish enough to fight then Meccans like he fought in his Medinan life, world would have been safe from this burden. (What a chance those Meccans Missed...!)
Stage 2: Fighting prescribed in self defence. (This was when Muhammad earned some followers in Medina. But self defence should be read as raiding others for livelihood. Ghazw: a pre-Islamic norm of plundering others has been implemented by Muhammad. Ghazw means anything that belongs to the other side making a legitimate target for the stronger party to plunder. Muhammad started from the raid of Waddan. His god from upstairs blessed him to raid others since it was the only way god could see his holy religion can be established on earth because his already bankrupt prophet and followers were much in need of booties, be it stolen or robbed.
Stage 3: Offensive Jihad ordained. (After Muhammad winning one third of Arabia, it was time for god to discharge hate verses. Quran Surah Taubah was revealed in this context. We see a frustrated god in it who is much concerned on why his faithful do not march on. Well, Tabuk war the last one Muhammad partook is notorious for many Muslims not participating in it. It was spring time in Arabia and like Muhammad and his god, not all of those barbarians were willing to go on and on)
So, do not play tricks with context argument. Even if you cling to context, we have all rights to believe the ultimate message of Quran is to fight infidels to subdue and submit them to Islam or forcing to pay Jizya in utter humiliation. It is what Quran chapter 9:29 means. The holy ordinance in 9:29 is not to fight those who fight Muslims but to fight those who do not believe in Allah and his apostle.
I have had debates on this with many Muslims in the past. I know what the ultimate message of your god is, or if you do not get it yet; let me link you to one of my articles which is in FFI archives now. Click the link below only if you don't mind. (This is to save time and bandwidth and not to promote my making): http://www.news.faithfreedom.org/index. ... e&sid=2036" onclick="window.open(this.href);return false;
This is what it means freaking theological stubbornness. What relevance do you see in the verses below? Let me bring your Quran:Lincoln wrote: The definition and the outlook you have is different from what I have. I don't take it as "going to the obsolete past" because everything that comes out from the past cant be termed as obsolete as long as it can survive in the modern world with sufficient vigor and as long as it can compete with any new findings of the modern age.
As for the thief, both male and female, cut off their hands. It is the reward of their own deeds, an exemplary punishment from Allah. Allah is Mighty, Wise.[Quran: 5:38]
Don't you think this brutality is obsolete? Hey man… it is an obsolete law like many other brutal laws you see in Hammurabi codex or Torah. But your barbarian Muhammad added it to his basket and carried out this punishment in his lifetime on a woman who stole something from what Muhammad plundered from other people. I say this beforehand for you to not waste your fuel there is a context, or punishment is only applied for huge offences kinds of freaking excuses. Here goes your Sahih Bukhari:
Narrated 'Urwa bin Az-Zubair: A lady committed theft during the lifetime of Allah's Apostle in the Ghazwa of Al-Fath, ((i.e. Conquest of Mecca). Her folk went to Usama bin Zaid to intercede for her (with the Prophet). When Usama interceded for her with Allah's Apostle, the color of the face of Allah's Apostle changed and he said, "Do you intercede with me in a matter involving one of the legal punishments prescribed by Allah?" Usama said, "O Allah's Apostle! Ask Allah's Forgiveness for me." So in the afternoon, Allah's Apostle got up and addressed the people. He praised Allah as He deserved and then said, "Amma ba'du ! The nations prior to you were destroyed because if a noble amongst them stole, they used to excuse him, and if a poor person amongst them stole, they would apply (Allah's) Legal Punishment to him. By Him in Whose Hand Muhammad's soul is, if Fatima, the daughter of Muhammad stole, I would cut her hand." Then Allah's Apostle gave his order in the case of that woman and her hand was cut off. Afterwards her repentance proved sincere and she got married. 'Aisha said, "That lady used to visit me and I used to convey her demands to Allah's Apostle [Sahih Bukhari: Book: 59, Hadith: 597]
Tell us what relevance do you see for this punishment in our times? Can you give this up? Well, if you do, that means you are not obeying your god and his messenger. That's it;
To be continued............

subset: commoncrawl


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June 28, 2018 (UKRINFORM) The firm had ceased production because of its heavy reliance on Russian imports, which had collapsed after Moscow's annexation of Crimea in 2014, CNBC TV Channel reported. But, Boeing's parts, equipment and services unit, Aviall, is set to now provide the components and Antonov plans to build eight aircraft a year from the end of next year. The deal, which was signed at the Farnborough International Airshow, was confirmed to CNBC via email on Friday.
President of Antonov, Oleksandr Donets, told Reuters in an interview that the next step is to build a storage facility with Aviall. "This warehouse will deal with products, materials, metals, non-metals — with all components we are not able to get from our former partner, the Russian Federation," he said. Donets added that the warehouse would be funded by the Boeing subsidiary.
Antonov builds a range of passenger, cargo and transport aircraft. The latest under development is the An-132, a twin-engined turboprop used for military transportation which is being jointly developed with Saudi Arabia.


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How are you guys feeling about this by now? Have we had enough? It's Fiona Hill on the box today. Please check prior posts for links.
Fiona Hill is from northern England only attended university in Scotland. She has a lot of opinions. She's the one who said, Bolton said, "Drug deal that Mulvaney is cooking up". She gave a stellar performance review to Vindman but also warned her replacement, Morrison, against Vindman – the leaker. Look for questions on that issue.
David Holmes worked at the Embassy in Ukraine. He will talk about the Saint of the State Dept, Marie Yovanovich. AND Holmes was at the dinner in Kiev, where he allegedly overheard the President talking to Sondland, "Big stuff" and "Bidens".
Here we go again.


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Nintendo announced a while back that they'd be rolling out playable demos to their stereoscopic handheld. So where are they? When are they coming?
It all starts tomorrow with a downloadable slice of Resident Evil Revelations, according to Gamasutra. Following the sample of Capcom's survival action game—which is out in full next month—demos for Metal Gear Solid: Snake Eater 3D, Mario & Sonic at the London 2012 Olympic Games and Rhythm Thief & the Emperor's Treasure will reportedly show up on the 3DS's eShop.
You can see them in action in Japan, thanks to Brian Ashcraft, who notes that you'll only be able to play them a certain number of times. Nintendo's new to the whole demo business so it'll be interesting to see how this all plays out as they keep adding pre-release content to the eShop
Nintendo 3DS eShop game demos launch with Resident Evil Revelations [Gamasutra]


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Effective Date: July 17, 2012
These Terms of Use (the "Agreement" or "Terms") is an agreement between you and IMOVIES Ltd. ("HDCaliber", "us", "our" or "we") which sets forth the legally binding terms for your use of the Site HDCaliber.com which is owned and operated by HDCaliber, and any successor website ("Site"), and other interactive properties, including but not limited to any mobile applications accessing content from the Site (the Site and other HDCaliber interactive properties are collectively referred to herein as the HDCaliber Applications"). These Terms apply to the services, software, and applications the HDCaliber Applications provide (collectively, "Service(s)"). By accessing the HDCaliber Applications or using the Services you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by its Terms whether or not you become a subscriber to any HDCaliber goods or services. This Agreement governs the acceptable use of the Services, content posted on the Site and User Content posted on the Communications Services, and your rights, obligations and restrictions regarding your use of the Services. Please see HDCaliber's Privacy Policy found at https://www.HDCaliber.com/support/privacy, which is incorporated into these Terms by reference, for more information about how we collect, use, and share information about our members and visitors to our Site.
Updates to Terms. HDCaliber reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date. Your continued use of the HDCaliber Applications after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the HDCaliber Applications and/or Services. Note that special terms or rules may apply to some services offered on the Site or HDCaliber Applications, such as rules for particular promotions, applications or other features or activities. Any such terms are in addition to these Terms, and in the event of a conflict, will prevail over these Terms.
Electronic Form/Communications. By accessing the HDCaliber Applications or Services, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
This Agreement will remain in full force and effect while you use the Services. You may terminate your membership to any Service at any time, for any reason, by following the instructions on your "Account Settings" page or contacting customer service. HDCaliber can suspend or terminate your access to the HDCaliber Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Personal Use. The HDCaliber Applications and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the HDCaliber Applications, in any medium, without HDCaliber 's prior written consent, or (ii) alter or modify any part of the HDCaliber Applications other than as may be reasonably necessary to use the HDCaliber Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the HDCaliber Applications, or to manipulate the HDCaliber Applications or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the HDCaliber Applications or any computer software or hardware or telecommunications equipment. You may not use the HDCaliber Applications or Services in any manner that could damage, disable, overburden, or impair any HDCaliber server, or the network(s) connected to any HDCaliber server, or interfere with any other party's use and enjoyment of any HDCaliber Applications or Services. You may not attempt to gain unauthorized access to any HDCaliber Applications or Services, other accounts, computer systems or networks connected to any HDCaliber server or to any of the HDCaliber Applications or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the HDCaliber Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through HDCaliber Applications or Services, including any proprietary communications protocol used by HDCaliber. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the HDCaliber Applications so long as the link does not portray HDCaliber, or the Services in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by HDCaliber of the site from which you are linking. Further, the site from which you are linking to the HDCaliber Applications must not contain any obscene, defamatory, pornographic, offensive or illegal content.
Modification to Services. HDCaliber has the right to modify its HDCaliber Applications and content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of HDCaliber in providing its products, services, content or any Services is to cancel your membership as set forth herein. The Service, content and any other products and services offered or referred to on the HDCaliber Applications are subject to the availability of such Service, products and services. Furthermore, the availability for purchase or rental of product types or individual products and the prices for sale, rental or for the Services are subject to change by HDCaliber, in its sole discretion, at any time without notice.
Registration. Upon subscribing to any of our Services you will be asked to choose a password and a user/account name. You may not use a user/account name that is vulgar or otherwise offensive (as determined by HDCaliber), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms. You will only create one unique profile for the Services provided. HDCaliber reserves the right to deny, in its sole discretion, any user access to the HDCaliber Applications or Services without notice for any or no reason.
Accurate Information. For purposes of identification and billing, you agree to provide HDCaliber with accurate, complete, and updated information required by the Site's membership registration ("Registration Information"), including your name, address, telephone number(s), and applicable payment information (e.g., credit card number, email address, and expiration date) and provide HDCaliber and its third party payment processor express authorization to charge the applicable fees at the time of purchase or renewal. Failure to comply with this provision (including without limitation falsification of any Registration Information) may, at HDCaliber's option, result in immediate suspension or termination of your right to use the Services. If you sign up for a premium membership or sign up for a free membership and purchase or rent a movie we will bill you for your online account using the billing information you provide (your "Billing Information") for the Services you select. You agree to pay HDCaliber all charges at the prices then in effect for your use of the Service using your Billing Information, and any applicable taxes, and you authorize HDCaliber to charge your chosen payment provider (your "Payment Card") for the Service you select. You agree to make payment using that selected Payment Card. HDCaliber reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. All prices do not include Internet service provider, telephone, and other connection charges. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.
Verification of Registration. When you register and provide Billing Information and Payment Card HDCaliber will verify that information. You authorize HDCaliber to verify your Billing Information and Payment Card by placing a pending charge on your Payment Card when you register as a member, and prior to each subsequent periodic charge. Pending charges are temporary (typically three (3) to seven (7) days in length) and will not be converted into an actual charge to you. Pending charges will, however, reduce the available amount of credit or debit capacity on your Payment Card in the amount of ONE DOLLAR ($1.00), One (€.00) Euro or One (£1.00) Great British Pound per pending charge.
Membership. HDCaliber provides two (2) types of memberships: when you register you on the Site you automatically join a free (default) membership which provides you with access to movies for sale and rental. You may also select a premium membership which provides you unlimited access to the movies we have in our library. If you choose a free membership, you will not be charged recurring fees and your Billing Information will be kept on file and you will only charged for movie purchases and rentals you select. If you choose to upgrade to our premium membership, your Payment Card will be charged for the term and rate you selected and the term you select will be automatically renewed and your Payment Card will be charged automatically on a recurring basis at the end of the term you selected until you cancel your membership. By selecting a premium membership, you agree and authorize HDCaliber or its agent to charge your Payment Card the periodic premium membership fee (plus applicable taxes) corresponding to the premium membership plan you have selected (e.g.: 30 day, 90-day, 180-day Term) each term anniversary date of that premium plan, until your HDCaliber premium membership is terminated or cancelled as provided herein. You will not be provided with copies of charge slips evidencing the recurring charges of the applicable periodic premium membership fee. You agree to pay the applicable premium membership fees (plus applicable taxes) in accordance with your Payment Card issuer agreement. You also authorize HDCaliber to charge your Payment Card for any other charges you may incur associated with your HDCaliber membership. YOU WILL NEED A MODERN COMPUTER WITH FLASH MEDIA PLAYER TO BE ABLE TO STREAM MOVIES. MOVIE AVAILABILITY VARIES BY TERRITORY DUE TO LICENSING RESTRICTIONS.
Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify HDCaliber immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by HDCaliber). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by HDCaliber or another party due to someone else using your account or password. You may not use anyone else's account at any time.
Unauthorized Use. You agree to promptly update your Registration Information in the event of any known or suspected unauthorized use of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your membership until you update your Registration Information. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your membership is subject to use without your authorization, update your Registration Information.
Account Updates. It is your responsibility to promptly provide HDCaliber with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made online via the "Account" section, once you have logged into the Service. You must promptly notify HDCaliber if your Payment Card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Account updates should be made online via the "Account" section, once you have logged into the Service. If you fail to provide HDCaliber any of the foregoing information, you agree that HDCaliber may continue charging you for any use of the Service using the Billing Information you provided unless HDCaliber has evidence that you have terminated your membership to the Service. If your Payment Card reaches its original expiration date, your failure to cancel your HDCaliber membership shall constitute authorization for HDCaliber to continue billing that Payment Card.
Payment Card. The terms of your payment will be based on your Payment Card and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Card (the "Payment Card Provider"). If HDCaliber does not receive payment from your Payment Card Provider, HDCaliber reserves the right to bill you and you agree to pay all amounts due on your Billing Information upon demand.
Free Trials. From time to time, HDCaliber may offer a free trial period for the Service to first-time customers. Unless otherwise specified, this offer is limited to one (1) free trial subscription per person and/or email address. When such an offer is made, at the time of registration for your free trial, your Payment Card will be authorized but your Payment Card will not be charged until the expiration of the free trial period unless you accept another offer during your free trial as stated on any offer page. Other terms of free trial offers, including the duration of the free trial, may vary. Specific details of your free trial not covered in these Terms will be explained on the web page you will be directed to prior to beginning the membership process or as part of the membership process. Your trial period begins on the day you sign up for the Service, not the day you first access or download Content.
UPON COMPLETION OF THE FREE TRIAL PERIOD, YOUR PREMIUM MEMBERSHIP SUBSCRIPTION WILL RENEW AUTOMATICALLY UNDER THE ONE (1) MONTH (30 DAY) PREMIUM MEMBERSHIP PLAN, REGARDLESS OF THE LENGTH OF YOUR FREE TRIAL PERIOD. The first (1st) day following the expiration of your free trial period will be your anniversary date for billing purposes during your Membership Term. Your Payment Card will be charged the recurring monthly membership fees and any applicable sales tax on the day following the expiration of your free trial period, unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT CARD. Please note the expiration date of your free trial period for your records.
During the free trial period, you will receive the benefits of the premium membership Service at no charge. Membership may be cancelled or modified at any time prior to the end of your free trial period by calling toll-free at 1-877-800-1958 for the U.S.A. and Canada or +1 (514) 448-6340 for international members, seven (7) days per week from 7:00AM to 9:00PM, Eastern Standard Time. Alternatively, you can go to https://www.HDCaliber.com/support/ and cancel your membership online. Any plan changes made to your account prior to the end of your free trial period will nullify the remainder of your free trial period and you will be charged for the new plan you have selected.
Promotional Offers. From time to time, HDCaliber may offer a reduced membership fees for the Service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory promotional offer for new customers, at the time of registration for the Service, your Payment Card will be charged the promotional price plus applicable taxes for the promotional period. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic membership fees plus applicable taxes will be charged to your Payment Card for each automatic renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and the duration of the promotional price, may vary from time to time. The details of any offer not covered in these Terms will be explained on the web page you will be directed to prior to beginning the membership process or as part of the membership registration/selection process.
Change in Fees. If the amount to be charged to your Billing Information varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), HDCaliber shall provide notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction.
Cancelation. The initial periodic HDCaliber premium membership fee is valid for an initial membership period starting on the date your paid premium membership begins and continuing through the periodic anniversary date. For example, if you are on a free trial membership and your free trial expires on June 17 and your paid HDCaliber membership begins on June 18, your initial premium membership fee entitles you to HDCaliber premium benefits until July 18 and your Payment Card will be charged on July 18 (the anniversary date) for the period of July 18 through August 18. You can cancel your HDCaliber premium membership at any time and you will not be charged for the subsequent renewal terms. For example, if your anniversary date is the fifth (5th) of each month and you cancel your premium membership on October 20, then you will not be charged on November 5 (for the November 5 to December 5 period) and your HDCaliber premium membership will terminate on November 5.
To cancel your membership, simply call toll-free at 1-877-800-1958 for the U.S.A. and Canada or +1 (514) 448-6340 for international members, seven (7) days per week from 7:00AM to 9:00PM , Atlantic Standard Time. When you cancel your membership, you will be required to provide HDCaliber with certain information regarding your reason for cancellation. Alternatively, you can go to https://www.HDCaliber.com/support/ and cancel your membership online.
Refund Policy. THERE ARE NO REFUNDS FOR ANY TIME PERIOD (OR PORTIONS THEREOF) ALREADY BILLED OR PAID FOR WITH THE EXCEPTION OF THE THREE DAY RIGHT TO CANCEL REFERENCED ABOVE. All cancellations must be made by telephone at 1-877-800-1958 for the U.S.A. and Canada or +1 (514) 448-6340 for international members, seven (7) days a week, from 8:00AM to 10:00PM , Atlantic Time, or by email to email@example.com, or online at https://www.HDCaliber.com/support/ by clicking the "Cancel" button and following the instructions. For additional questions or concerns, please contact our support team at https://www.HDCaliber.com/support/.
Security. HDCaliber has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Services and all material published on the HDCaliber Applications, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, "applets" incorporated into the software data) sounds, messages, comments, ratings, movies and other materials on the HDCaliber Applications (together "Content") is owned by HDCaliber or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. HDCaliber owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the HDCaliber Applications. All trademarks, service marks, trade names, and trade dress appearing on the Sites ("Marks") are proprietary to HDCaliber and/or our licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, HDCaliber Applications or the Services, in whole or in part, without HDCaliber's prior written consent. You may download Content for your personal, non-commercial use only as provided in these Terms, or as may be otherwise permitted by HDCaliber from time to time, provided that do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of HDCaliber or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from HDCaliber Applications. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HDCaliber without express written consent. You may not use any Meta tags or any other "hidden text" utilizing HDCaliber's name or trademarks without the express written consent of HDCaliber. You may not use any HDCaliber logo or other proprietary graphic or trademark as part of the link without express written permission. Any uses not permitted by these Term automatically terminates all permissions or licenses granted by HDCaliber in these Terms.
License to Content. Membership includes access to (A) video content offerings in which you pay a specific fee to have the right to view such video content for a limited specified time period (the "Rental Content"), and (B) video content offerings (which may be labeled "buy download" on the Site) in which you pay a specific fee to have the right to view such video content for an unlimited number of times (the "Retained Content").
License to Rental Content. Membership includes a license to view either unlimited Rental Content through the Service for the applicable term or individual videos for the applicable fee (the "License Fee") disclosed at the time of selection. Payment for such Content may be made through the Payment Card provided upon registration. Upon payment of the applicable License Fee, HDCaliber will grant you a non-exclusive, non-transferable, limited right and license to privately view and use the display in your Residence (as defined herein below) or for Permitted Non-Residential Use (as defined herein below), the Rental Content purchased by you, by way of one (1) computer (or other device specifically authorized by HDCaliber connected to the Service over the Internet, provided that you comply fully with these Terms. HDCaliber will save the Rental Content to your hard drive. You shall not be permitted to copy or move the Rental Content from its originally stored location on your hard drive. The initial license to the Rental Content is limited in its term and duration to thirty (30) days from its original date and time of download or twenty-four (24) hours from the start of its initial display and viewing, whichever occurs first, unless otherwise specified as being limited to a shorter term at the time of purchase. In some cases, to the extent specified on the Site, you may be permitted to purchase licenses for one (1) or more additional twenty-four (24) hour viewing periods for a particular item of Rental Content. If you purchase an additional license for such Rental Content (to the extent such additional license is available), you will be granted an additional viewing period of twenty-four (24) hours from the start of its display and viewing. You understand and agree that you will not be able to access and view such Rental Content upon expiration of the license term. For purposes of these Terms, the following definitions will apply:
License to Retained Content. Membership includes access to license the right to view Retained Content through the Service for individual videos for the applicable fee (the "License Fee") disclosed at the time of selection. Upon payment of the applicable License Fee, HDCaliber will grant you a non-exclusive, non-transferable, limited right and license under copyright to create and retain a single permanent copy of the Retained Content on the hard drive of your personal computer (or other device specifically authorized by HDCaliber) and to view, use and privately display in your Residence or for Permitted Non-Residential Use, the Retained Content purchased by you. Notwithstanding the foregoing, you are expressly prohibited from making or retaining any copy of the Retained Content that could be transferred or viewed on a device other than your personal computer, including by way of example and not limitation, DVD copies playable on a traditional DVD player, copies stored on USB or Flash memory drives or other forms of back-up drives, copies on digital media players, copies on smart phones, copies on tablets, or otherwise. You are also expressly prohibited from storing your permanent copy of the Retained Content on any cloud storage or online back-up storage system (e.g. Dropbox, iCloud, etc.). HDCaliber may determine from time-to-time, in its sole discretion, those devices that are compatible to receive a license to view the Retained Content. Any rights granted to you hereunder (or on the Site at the time of purchase) to make and keep any copies of the Retained Content is solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content contained within any Retained Content. You are solely responsible for retaining your permanent copy of the Retained Content. If the Retained Content that you purchase does not download and play correctly, please contact Customer Service at https://www.HDCaliber.com/support/ and we will endeavor to resolve the problem. Once you have successfully downloaded a copy of the Retained Content, HDCaliber will not replace the Retained Content if you are unable to play it or if you lose the Retained Content, including if the file becomes damaged or corrupt, your computer crashes, your hard drive fails or the Retained Content does not play for any other reason.
RSS Feeds. Really Simple Syndication ("RSS") feeds are provided as a quick and easy way for you to distribute information from the HDCaliber Applications or from your HDCaliber account. RSS feeds are accessible through an XML-based URL that can be accessed with an RSS reader of your choice. Use of personal RSS feeds that contain information about your HDCaliber account (Queue, Movie Ratings and Rental Activity) is at your own discretion. If you use personal RSS feeds, you consent that the information in the feeds will be transferred to the location in which you enable the RSS feed. HDCaliber will not pass any personally identifiable information in your feed. However, your use of an RSS feed may cause personally identifiable information that is associated with the RSS feed to be associated with you. You acknowledge that your use of an RSS feed and any personally identifiable information associated with it is at your sole discretion and risk. Use of the HDCaliber RSS feeds is for non-commercial, personal use and whether or not you use an RSS feed is entirely at your discretion. You may not modify the RSS feeds. If an RSS feed contains an attribution to HDCaliber, you may not remove the attribution. HDCaliber provides no warranty regarding its RSS feeds and reserves the right to terminate or modify the feeds at any time without notice. HDCaliber is not responsible for any loss or damage incurred by you or anyone else due to your use of an RSS feed.
No Other License Granted. Except for allowing you to use the HDCaliber Applications and Service for your personal use as set forth in this section above, when you use the HDCaliber Applications or Service, or access the Rental Content or Retained Content you are not receiving a license or any other rights from HDCaliber, including intellectual property or other proprietary rights of HDCaliber and you agree and acknowledge that you shall not acquire any ownership rights by downloading any content from the Service, and the license granted to you as set forth in these Terms does not transfer or grant any ownership rights to you, nor act as waiver any rights of HDCaliber, its licensors or the copyright owners with respect to any content. You may not re-sell, re-distribute, sublicense or otherwise transfer any right or license in the content, or use the content in any manner other than as set forth above. Any additional usage rules set forth on the HDCaliber Applications shall become part of, and are incorporated into, these Terms.
Communication Services. The Services may contain e-mail services, chat areas and/or other message, communication or other mechanisms designed to enable you to communicate with others or to post content on the HDCaliber Applications (the "Communication Services"). All such communications, information and content, as well as user names, profiles or similar materials you submit, post, upload, embed, display or communicate (collectively, "Distribute") is referred to as "User Content." You agree to use the Communication Services only to Distribute User Content that conforms to these Terms, including the Posting Requirements set forth below, and, when applicable, is related to the particular Communication Service.
Removal. HDCaliber has no obligation to monitor the User Content. However, HDCaliber reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion. HDCaliber specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. HDCaliber representatives may monitor your User Content on the HDCaliber Applications but we cannot monitor all of the User Content on the HDCaliber Applications, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to email@example.com.
License and Warranties. By using the Communication Services and submitting User Content to the HDCaliber Applications, you grant to HDCaliber, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the HDCaliber Applications, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the HDCaliber Applications a non-exclusive license to access your User Content as permitted through the functionality of the HDCaliber Applications and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
No Confidentiality. You acknowledge and agree that your communications via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by HDCaliber and others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. HDCaliber is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with User Requirements.
Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:
In using this Site you agree that you will not:
Age Requirements. You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the HDCaliber Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the HDCaliber Application and Services.
Communications from HDCaliber. By registering for HDCaliber, you will receive online communications from HDCaliber. You may also receive electronic communications from HDCaliber pertaining to accessing our Service for gifts sent to you by others. In either case, to unsubscribe from any HDCaliber email list, simply click on the "Unsubscribe" link at the bottom of the email and your name will be removed from that mailing list. You may also indicate your privacy preferences by going to "My Account" and clicking "Edit/Settings" and "Preferences". To see how we use your personal information go to our privacy policy at https://www.HDCaliber.com/support/privacy.
Links. You may be able to access other websites or resources through links on the Site. Because HDCaliber has no control over such sites and resources, you acknowledge and agree HDCaliber is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does HDCaliber endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that HDCaliber shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Unsolicited Submission Policy. HDCaliber does not accept, by any means of transmission, any unsolicited submissions, in any form whatsoever including, without limitation, any marketing, advertising and/or creative suggestions, scripts, lyrics, jingles, product samples, prototypes, movies and/or games (hereinafter referred to as "Submissions"). If you elect to forward to us any such Submission, then by doing so, you acknowledge that said Submission has not been requested by us and that
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE HDCaliber APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING HDCaliber APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE HDCaliber APPLICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT HDCaliber MAKES NO WARRANTY THAT THE HDCaliber APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT HDCaliber DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE HDCaliber APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE HDCaliber APPLICATIONS OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE HDCaliber APPLICATIONS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, HDCaliber DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE HDCaliber APPLICATIONS AND SERVICES. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE HDCaliber APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE HDCaliber APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. HDCaliber DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE HDCaliber APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL MS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE HDCaliber APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE HDCaliber APPLICATIONS OR A LINKED SITE.
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The Department of Public Works is responsible for the physical upkeep and maintenance of all properties and roadways belonging to the City of Mount Vernon. The department has the additional responsibility of ensuring that all services relating to the physical condition of the city enhances the quality of life levels set forth by local, state and federal standards.
The department is divided into operating units under the supervision of the Commissioner of Public Works. Each unit is responsible for all matters falling under their respective jurisdiction:
Bureau of Engineering
The Bureau of Engineering jurisdiction over land surveying, making borings, drafting, designing, and preparation of maps, diagrams and profiles relating to the City of Mount Vernon. The Bureau also prepares, evaluates and inspects plans and specifications for the construction, alteration and repair of public works, other than buildings.
Work performed by or on behalf of the city or under the supervision of the Commissioner of Public Works that requires engineering principles is reviewed by the Bureau of Engineering. In accordance with the Code of the City of Mount Vernon, permits are issued through the Department of Public Works for the following:
- street openings
- curb lowering
- street and sidewalk obstruction
|Sanitation Schedule
|Bureau of Engineering
|Bureau of Sewers
|Bureau of Stormwater Management
|Bureau of Sanitation
|Bureau of Highway Maintenance
|Bureau of Street Lighting
|Bureau of Motor Vehicle Control
|Bureau of Parks
|Traffic Bureau
Bureau of Sewers
Servicing over one hundred ninety-five (195) miles of sewer lines, thirty-two hundred (3,200) catch-basins and three thousand (3,000) manholes keeps the Bureau of Sewers busy.
Bureau employees work year round building manholes and sewer basins, and removing obstructions from blocked up sewers. In the winter snow is removed from manholes and catch basins.
Bureau of Stormwater Management
In March 2003, the City of Mount Vernon prepared an initial storm water management program for City owned and operated facilities. The aim of this program is to control storm water runoff discharges from the City facilities to the waters of the United States in accordance with the requirements of federal Phase II water regulations under the Clean Water Act. In addition, this program is in support of the City's March 2003 filing of a Notice of Intent (NOI) to be covered by a Phase II SPEDES General Permit available through the New York State Department of Environment Conservation (NYSDEC) for such discharges.
The aim of the Clean Water Act, the federal Phase II storm water regulations and the program proposed in this document is to reduce to the "maximum extent practicable" pollutants in storm water discharges. The concern for controlling storm water discharges can be traced to the 1972 Clean Water Act's Section 208 provisions for evaluating the impacts of and recommending controls for point and nonpoint source discharges in conjunction with the development of hundreds of area-wide water quality management plans known as "208 plans." These plans were completed in the late 1970s/early 1980s and for the most part, identified the need to study further the specific impacts of urban runoff and alternative control measures to alleviate or prevent those impacts.
As a result of the findings of many of the 208 plans, particularly those in the northeast and in and around urban areas of the nation, a nationwide pilot program known as Nationwide Urban Runoff Program (NURP) studied 26 urban localities in detail. In 1983, through NURP, USEPA concluded that runoff was indeed causing significant water quality impacts and that a wide range of controls were possible to address those impacts.
In 1985, two additional studies confirmed the NURP findings. This included a nonpoint source assessment conducted by representatives of state agencies and urban storm water database study of 22 metropolitan areas that was conducted by the U.S. Geological Survey. These various studies resulted in Congress amending the Clean Water Act in 1987 to require the permitting and control of urban storm water discharges.
The above studies, was well as other studies, identified a variety of pollutants in storm water discharges. These pollutants include suspended solids, sediments, bacteria, nutrients, pesticides, herbicides, toxics, floatables, oil, grease, heavy metals, synthetic organics, petroleum hydrocarbons and oxygen demanding substance. The adverse impact of these pollutants in storm water discharges include closed beaches, closed shellfish area, toxic contamination causing fish consumption bans, beach and shoreline litter, and floatables, siltation of marina and shipping channels, habit/wetland degradation, and stream bank erosion.
The sources of pollutants in storm water runoff include urban streets, lawn, driveways, parking lots, gas stations, bus depots, golf courses, construction sites, marinas, trash, sand/salt commercial and industrial areas, highway yards atmospheric fallout, direct rainfall (i.e., acid rain) and a variety of other activities such as landfills, recycling facilities. The EPA's 1996 National Water Quality Inventory reported that urban runoff was leading cause of water quality problems in the country, causing impairment in 469 of the nations estuaries; 21 percent of the lakes, ponds and reservoirs; and 13 percent of the rivers and streams.
Under the United States Environmental Protection Agency's (USEPA's) December 1999 Phase II storm water regulations, thousands of communities across the country with populations under 100,000 will be required to control urban storm water discharges. The Phase II regulations were issued nearly 10 years after the agency issued its Phase I regulations. The Phase I regulations required the control of storm water discharges from larger communities with populations greater than 100,000, and from 11 Categories of industrial activity, including construction sites disturbing more than 5 acres.
Under USEPA's Phase II program, the thousands communities (villages, towns, cities, etc.) across the nation must and implements a six-part program that reduces pollutants in storm runoff to the "maximum extent practicable." This program must include a public education program, a public involvement program, detection and elimination of illicit/illegal connections, controls for construction sites disturbing more than 1 acre, controls for new developments and redevelopment, and pollution prevention/good housekeeping practices as part of the operation and maintenance of the communities' storm sewer systems.
In New York State, discharges from hundreds of municipal separate storm systems (MS4's) that serve under 100,000 people, and are covered by USEPA's Phase II program, can receive permit coverage through a State Pollution Discharge Elimination System (SPDES) General Permit, provided that a Notice of Intent (NOI) was filed by the municipality to be covered by the General SPDES Permit and a storm water management plan is developed and implemented to satisfy the USEPA requirements.
Visit this link for our full 2020 MS4 Annual Report:
Bureau of Sanitation
A fleet of 17 sanitation vehicles picks up approximately thirty-seven thousand five hundred (37,500) tons of garbage and refuse from two sections of the city.
Special provisions exist that provide owners or tenants of buildings used exclusively for dwelling purposes to have additional service of garbage removal from a point within their premises at a nominal service charge.
Rubbish, those items not considered household garbage, for example, household furnishings, yard waste, etc. are collected once per week in each of the different sections of the city.
In 1992 the City of Mount Vernon instituted a recycling program that currently ranks #5 in the county in recycling tonnage. Approximately forty-five hundred (4,500) tons of recyclable material is collected and processed in the Material Recovery Facility (MRF), the cornerstone for recycling efforts for most municipalities in Westchester.
Bureau of Highway Maintenance
Highway Maintenance has jurisdiction over the construction, maintenance, alteration, repair, care, paving, flagging, lighting and improvement of the streets, highways, sidewalks, crosswalks, gutters, vaults, drains, curbs and public places of the city.
The bureau also oversees the construction, alteration, repair and maintenance of docks and bridges belong to the city. In serious snowstorms Highway Maintenance helps to remove snow and sands icy streets.
There are approximately ninety-six (96) miles of local highway, one hundred eighty (180) miles of sidewalk and fifteen (15) bridges that are maintained in the City of Mount Vernon.
Bureau of Street Lighting
The installation of new street lighting equipment, the inspection of street lighting equipment to determine the need for replacement or repairs and the general upkeep and maintenance of street lighting equipment are the primary functions of this Public Works bureau.
With approximately five thousand (5,000) streetlights in the City of Mount Vernon, the Bureau of Street Lighting performs an important service for drivers and pedestrians traveling through the city's streets.
Bureau of Motor Vehicle Control
Having jurisdiction over the repair, maintenance, fueling, servicing and inspection of all rolling stock and vehicles, whether motor-driven or otherwise, owned by the City of Mount Vernon, except the fire-fighting equipment upon fire apparatus the Bureau of Motor Vehicle Control keeps city vehicles moving.
The storage and parking when not in actual use of all rolling stock and vehicles owned by the City of Mount Vernon is also the responsibility of this bureau. Approximately 100 rolling stock/vehicles are inventoried and assigned for use by the various departments, bureaus, officers and employees of the city.
Bureau of Parks
The Bureau of Parks has jurisdiction over the care and maintenance, superintendence, management and improvement of parks, including benches, drinking fountains, buildings and structures therein, belonging to the city.
The bureau shall also have the care and maintenance of the city's recreation facilities, and all parks, playgrounds, athletic fields, recreations centers and the buildings, structures, parking lots, equipment and appurtenances located therein. There are approximately ten (10) parks/fields that are maintained by the bureau.
The planting, preservation and care of shade trees, shrubs, flowers and lawns in all public parks, recreation facilities, streets, avenues and public places in the city are done by the Bureau.
Traffic Bureau
The Traffic Bureau has jurisdiction over the installation, maintenance and repair of electronic controls and auxiliary equipment relating to the operation of traffic lights and controls. Employees perform the installation and repair of underground and overhead wires and cables in addition to maintaining and repairing traffic light fixtures, relays and controllers.
The Traffic Bureau periodically inspects all traffic signals, conducts traffic studies and surveys, such as traffic counts, speed time delays, condition diagrams and traffic warrants.
There are approximately one hundred fifty-nine (159) traffic light intersections, forty-four thousand (44,000) traffic signs, ten (10) miles of double yellow lines and four hundred (400) cross walks/stop lines that are maintained by the bureau.
The Department of Public Works is also responsible for the maintenance of City Hall and all other buildings owned by the City.


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Beckham, Danks inching closer to Major League return
ANAHEIM -- After finishing 2-for-4 as the designated hitter for Triple-A Charlotte on Saturday night, Gordon Beckham knocked out three hits during his second Minor League rehab start for Charlotte on Sunday. Beckham scored one and drove in two while playing second base, as he moves closer to a White Sox return from a fractured hamate bone in his left hand that has had him out of action since April 10.
"It's more the physical stuff for him getting back right now," said White Sox manager Robin Ventura of his starting second baseman's recovery. "It's not like a guy who goes to the offseason and comes back.
"Gordon is still running around and doing stuff, so he still kind of has the eyes and the timing of it. I think he will progress a little quicker."
Utility infielder Angel Sanchez, also on a rehab assignment to test his lower back strain, is 4-for-16 with six runs scored over six games for the Knights.
John Danks was Charlotte's focus on Saturday night in Buffalo, as he made his fourth and possibly final Minor League rehab start. Ventura said a discussion would take place when the White Sox return home to plan the left-hander's next step, which could result in a start against the Marlins on Friday night at U.S. Cellular Field.