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cherrylivesblog · 4 years ago

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TERMS AND CONDITIONS OF USE THIS IS A SUBSCRIPTION SERVICE THAT AUTOMATICALLY RENEWS. PLEASE READ THESE TERMS AND CONDITIONS OF USE TOGETHER WITH SUBSCRIPTION TERMS CAREFULLY BEFORE STARTING A FREE TRIAL OR COMPLETING A PURCHASE FOR AUTO-RENEWING SUBSCRIPTION SERVICE. TO AVOID BEING CHARGED YOU MUST AFFIRMATIVELY CANCEL A SUBSCRIPTION OR A FREE TRIAL IN YOUR APP STORE’S ACCOUNT SETTINGS AT LEAST 24 HOURS BEFORE THE END OF THE FREE TRIAL OR THE CURRENT SUBSCRIPTION PERIOD.

IF YOU ARE UNSURE HOW TO CANCEL A SUBSCRIPTION OR A FREE TRIAL, PLEASE VISIT THE APPLE SUPPORT WEBSITE, GOOGLE PLAY HELP (OR ANY OTHER APP STORES SUPPORT PAGES). DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTIONS AND FREE TRIALS. YOU MAY WISH TO TAKE A SCREENSHOT OF THIS INFORMATION FOR YOUR REFERENCE.

1. ACCEPTANCE OF TERMS

Mobile application Cherry live App (the "App") and content available via the App or our emails ("Content") are distributed by or other company as stated in an app store ("we" "us" "our" or the "Company"). The App, together with the Content, tools, transactions and other services available by using the App, are collectively referred to as the "Service".

Your access and use of the Service constitutes your agreement to be bound by these Terms and Conditions of Use (the "Terms"), which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.

Please review also our Privacy Policy . The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

Unless otherwise expressly provided herein, we will alert you about any changes by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.

THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF WARRANTIES (SECTION 7), LIMITATION OF LIABILITY (SECTION 8), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 11, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 12.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE SERVICE.

2. IMPORTANT DISCLAIMERS

WE MAKE NO GUARANTEES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR WILL PROVIDE ANY BENEFIT.

NOT ALL INFORMATION DESCRIBED IN THE APP IS SUITABLE FOR EVERYONE. THE SERVICE IS INTENDED ONLY AS AN ENTERTAINMENT TOOL. YOU ACKNOWLEDGE THAT IF YOUR ACTIVITIES ENCOURAGED OR INSPIRED BY THE SERVICE INVOLVE ANY RISKS, YOU ASSUME THOSE RISKS AND UNDERSTAND AND AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING, AS WELL AS THE HEALTH, LIVES AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.

3. SERVICE

You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by the Company to operate the Service (including the App and the Content and excluding any User Content (as defined below)) is proprietary to us or to third parties.

The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.

The information you submit to us as part of your registration, and any data, text and other material that you may submit or post to the App ("User Content") remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy .

You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable license (without the right to sublicense) to (i) use the Service solely for your personal, non-commercial purposes, and (ii) install and use the App, solely on your own handheld mobile device (e.g., iPhone, Android, etc. as applicable) and solely for your personal, non-commercial purposes.

You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.

You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Company's actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

Your access to and use of the Service is at your own risk. The Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice. The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company's sole discretion.

4. APP STORES, THIRD PARTY ADS, OTHER USERS

You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iTunes App Store, Google Play, and/or other app stores (collectively, "App Stores" and each, an "App Store"). You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third party beneficiary of these Terms and will have the right to enforce these Terms.

You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third party beneficiary of these Terms and will have the right to enforce these Terms.

The Service may contain links to third party websites or resources and advertisements for third parties (collectively, "Third Party Ads"). Such Third Party Ads are not under the control of the Company and the Company is not responsible for any Third Party Ads. The Company provides these Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Ads. Advertisements and other information provided by Third Party Sites Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third party site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Ads that are found on or through the App, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

Each user of the Service is solely responsible for any and all his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third Party Ads.

5. SUBSCRIPTION FEES AND PAYMENT

The App is free to download. However, certain features of the Service are offered on a subscription basis for a fee. You will pay an App Store the applicable fees (and any related taxes) as they become due. For more information on how you can manage your subscription please read our Subscription Terms .

To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.

You authorize the App Stores to charge the applicable fees to the payment card that you submit.

By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription you authorize the App Stores to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.

We may offer a free trial subscription for the Service. Free trial provides you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. We may send you a reminder when your free trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Service during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.

The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).

Purchases made via an App Store are subject to such App Store's refund policies. This means we cannot grant refunds. You will have to contact an App Store support.

The Service may offer the in-app purchases for Users with the registered Accounts. Please review our In-App Purchase Terms that contain information that you should review prior to using the Service.

By using the Service, you agree to be bound by the In-App Purchase Terms, which are incorporated into these Terms.

6. USER REPRESENTATIONS AND RESTRICTIONS

By using the Service, you represent and warrant that:

you have the legal capacity and you agree to comply with these Terms;

you are not under the age of 16;

you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;

you will not use the Service for any illegal or unauthorized purpose;

you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country;

you are not listed on any U.S. government list of prohibited or restricted parties; and

your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Service, you agree not to:

systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

make any unauthorized use of the Service;

make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;

use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;

use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;

use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;

circumvent, disable, or otherwise interfere with security-related features of the Service;

engage in unauthorized framing of or linking to the Service;

interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;

decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;

attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;

upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;

use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;

disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;

use the Service in a manner inconsistent with any applicable laws or regulations; or

otherwise infringe these Terms.

7. DISCLAIMER OF WARRANTIES

THE APP, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE APP, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) ANY RESULT OR OUTCOME CAN BE ACHIEVED.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE APP OR CONTENT), OR THIRD PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE APP, CONTENT AND USER CONTENT), AND THIRD PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

9. INDEMNITY

You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (iii) your violation of these Terms. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. INTERNATIONAL USE

The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.

11. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

YOU AND THE COMPANY, AND EACH OF ITS RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION.

Arbitration is more informal way to settle disputes than a lawsuit in court. A neutral arbitrator instead of a judge or jury is used in arbitration, which allows for more limited discovery than in court, and is subject to very limited review by courts. The same damages and relief that a court can award can be awarded by arbitrators. Please see more information about arbitration at http://www.adr.org.

A party which intends to seek arbitration must first send to the other a written notice of intent to arbitrate (a "Notice") by an international courier with a tracking mechanism, or, in the absence of a mailing address provided by you to us, via any other method available to us, including via e-mail. The Notice to the Company must be addressed to: Florinis, 7, Greg Tower, 2nd floor, 1065, Nicosia, Cyprus (as applicable, the "Arbitration Notice Address"). The Notice shall (i) describe the basis and nature of the claim or dispute; and (ii) set the specific relief sought (the "Demand"). If you and the Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or we may commence an arbitration proceeding as set forth below or file an individual claim in small claims court.

THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THESE TERMS.

If you commence arbitration against us, you are required to provide a second Notice to the Company at the Arbitration Notice Address within seven (7) days of arbitration commencement. The Rules and AAA forms are available online at http://www.adr.org. Unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee, if you are required to pay a filing fee to commence an arbitration against us, then we will promptly reimburse you for your confirmed payment of the filing fee upon our receipt of the second Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee.

The arbitration shall be conducted exclusively in English. A single, independent and impartial arbitrator with his or her primary place of business in Alexandria, Virginia (if you are from the United States) or in Nicosia, Cyprus (if you are not from the United States) will be appointed pursuant to the Rules, as modified herein. You and the Company agree to comply with the following rules, which are intended to streamline the arbitration process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THE COMPANY AGREE THAT YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration clause can be enforced against a non-party to this agreement and whether a non-party to these Terms can enforce its provision against you or us.

Barring extraordinary circumstances, the arbitrator will issue his or her final, confidential decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days upon a showing of good cause and in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the Commonwealth of Virginia without regard to its conflicts of laws principles in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act ("FAA") will govern the interpretation, enforcement, and proceedings pursuant to this Section 11. Any award rendered shall be final, subject to appeal under the FAA.

The abovestated provisions of this Section 11 shall not apply to any claim in which either party seeks equitable relief to protect such party's copyrights, trademarks, patents, or other intellectual property. For the avoidance of doubt, you agree that, in the event the Company or a third party breaches these Terms, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against us, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in these Terms.

You and we agree that, notwithstanding any other rights a party may have at law or in equity, any claim arising out of or related to these Terms (including the Privacy Policy) or the Service, excluding a claim for indemnification, must be initiated with the AAA or filed in small claims court in Alexandria, Virginia within one (1) year after the claim accrues. Otherwise, such cause of action is permanently and forever barred. This one (1) year period includes the thirty (30) day pre-dispute procedure set forth in sub-clause 11.5 above.

All claims you bring against the Company must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, the Company may recover attorneys' fees and reimbursement of its costs, provided that the Company has notified you in writing of the improperly filed claim, and you fail to promptly withdraw such claim.

In the event that we make any material change to this arbitration provision (other than a change to our Arbitration Notice Address), you may reject any such change by sending us written notice to our Arbitration Notice Address within thirty (30) days of the change, in which case you shall terminate your use of the Service immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of these Terms.

If only clause 11.9 above or the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 12 will govern any action arising out of or related to this Agreement.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE SERVICE BY WRITING TO [email protected] OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

12. GOVERNING LAW

The laws of England and Wales, excluding its conflicts of law principles, govern these Terms and your use of the Service.

To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of:

the state and federal courts in the City of Alexandria, Virginia – if you are a resident of the United States; or

the courts of Nicosia, Cyprus – if you are not a resident of the United States;

and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or inconvenient forum.

13. MISCELLANEOUS PROVISIONS

No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by the Company of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained

Subject to Section 12, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.

The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give the Company consent to any such assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of Company's rights and obligations under the Agreement (unless otherwise is expressly indicated).

All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.

In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company's reasonable control.

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otcsocialnetwork · 8 years ago

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Visa Gift Card Giveaway

@clowned our winner of the previous giveaway said the following : I’m feeling generous. Re-roll the sweepstakes for a new winner! That is exactly what we are doing. The Sweepstakes will start again (12/19/17). We appreciate his generosity. Visa Gift Card Giveaway Rules NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. * Eligibility: Sweepstakes (the “Sweepstakes”) is open only to those who sign up at the online sweepstakes page and who are 13 years old or older as of the date of entry. The sweepstakes is only open to legal residents of any country and is void where prohibited by law. Employees of OTC WATCH LLC (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. 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You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of OTC WATCH LLC. * Prizes: Winner will receive a $25.00 Visa Gift Card, which is valued at $25.00 *United States dollars. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for OTC WATCH LLC to use winner��s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. * Odds: The odds of winning depend on the number of eligible entries received. * Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via email to the email address they entered the Sweepstakes with within five (5) days following the winner selection. This will be the email address that the winner uses to access their OTC WATCH account. 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ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. * Rights Granted by you: By entering this content you understand that OTC WATCH LLC, anyone acting on behalf of OTC WATCH LLC, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. * Terms: OTC WATCH LLC reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, OTC WATCH LLC may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by OTC WATCH LLC. OTC WATCH LLC reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. OTC WATCH LLC has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, OTC WATCH LLC reserves the right to seek damages from any such person to the fullest extent permitted by law. By entering the Sweepstakes you agree to receive email newsletters periodically from OTC WATCH LLC. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter. * Limitation of Liability: By entering you agree to release and hold harmless OTC WATCH LLC and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries. * Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF United States of America AND Wyoming, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Wyoming having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased. * Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the OTC WATCH LLC Web Site. To read the Privacy Policy, OTC WATCH LLC click here. * Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: OTC WATCH LLC 412 N. Main St. Ste.100 Buffalo, WY, United States. Requests must be received no later than 1/31/2018. * Sponsor: The Sponsor of the Sweepstakes is OTC WATCH LLC 412 N. Main St. Ste.100 Buffalo, WY, United States Visa is a registered trademark of Visa, Inc. This sweepstakes is not sponsored by or endorsed by Visa. You can Download a Copy of our rules here. Attachments: You must be logged in to view attached files. http://dlvr.it/Q6p9Dc

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oldguardaudio · 8 years ago

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PowerLine -> Comey drafted Clinton exoneration memo before Crooked Hillary was interviewed?

Hillary what difference – Benghazi @ Hoax and Change

self identify Dolezal – Jenner – Hillary

Powerline image at HoaxAndChange

Daily Digest

Senators say Comey drafted Clinton exoneration memo before she was interviewed

Trump Gives $1 Million, Still Can’t Win

Expecting Defeat In Supreme Court, Public Sector Unions Try to Slow Exodus of Members

(DHS) Magical mystery tour: Doing the work the Star Tribune won’t do (4)

Trump gets high marks for hurricane response

Senators say Comey drafted Clinton exoneration memo before she was interviewed

Posted: 31 Aug 2017 03:28 PM PDT

(Paul Mirengoff)

Senators Chuck Grassley and Lindsey Graham say they have reviewed evidence that James Comey drafted a statement to announce the closure of the FBI’s investigation into Hillary Clinton’s use of a private email server months before key witnesses, including Clinton herself, were interviewed. In a letter to current FBI director Christopher Wray, the two Senators characterize Comey’s approach as “conclusion first, fact-gathering second,” adding “that’s no way to run an investigation.”

Grassley and Graham base their concern primarily on the transcript of an interview of Comey’s then-chief of staff by the Office of Special Counsel in June of this year. In the key passage, the chief of staff says that in the early spring of 2016, Comey “emailed a couple of folks,” to ask, “knowing the direction the investigation is headed, what would be the most forward leaning thing we could do, information we could put out about it?”

In this connection, “he sent a draft around of what [the information] might look like.” The draft went through “many iterations” and was circulated to select members of senior FBI leadership.

In his testimony, the chief of staff acknowledged that, at this point, Hillary Clinton had not yet been interviewed. However, he agreed that “there was an idea of where the outcome was going to go.” A pretty clear idea, apparently.

In fact, Clinton was one of 17 witnesses the FBI would ultimately interview but had not yet gotten to when Comey drafted his statement. Others included her trusted aide Cheryl Mills and Bryan Pagliano, the IT guy who installed and maintained the secret server.

It may be going too far to say Comey had decided Clinton should not be charged before the FBI wrapped up its interviews. Conceivably, testimony from Clinton or other witnesses could have caused him to reach a different conclusion than the one he thought he was headed towards and had written up in the draft. He always had the option of tossing his drafts and writing up a different outcome.

It should also be noted that Comey’s decision was based mainly on a reading (or misreading) of the applicable law that rendered it very difficult to make out a criminal case against. It was reasonable for Comey to doubt that the upcoming interviews would produce evidence that could meet the stringent legal standard he had adopted.

Finally, let’s keep the context in mind. Clinton was set to become the Democratic nominee for president. The sooner the public knew whether she would be criminally prosecuted, the better for the country. Thus, it was reasonable for Comey to want to be in a position to communicate this information as soon as he made a final decision.

Nonetheless, it is reasonable for Sens. Grassley and Graham to be concerned that Comey jumped the gun, especially given that drafts of his statements letting Clinton off the hook apparently circulated among members of senior FBI leadership. It’s quite possible that his view of the likely outcome came to the attention of those still investigating the facts and conducting interviews. This could taint their work.

It’s one thing for Comey to form a preliminary view of the likely outcome of a matter still under investigation and even to jot that view down. It seems like quite another to circulate draft “exoneration” memos within the agency, as Comey elected to do.

Trump Gives $1 Million, Still Can’t Win

Posted: 31 Aug 2017 02:45 PM PDT

(John Hinderaker)

On Tuesday, reporters asked press secretary Sarah Sanders whether President Trump had contributed to Hurricane Harvey relief. A reporter asked again yesterday:

Q You said yesterday you would check if the President or the First Lady had made a personal donation to hurricane relief. Have you gotten anything back on that?

MS. SANDERS: No, I know they’re looking into some different options.

Today the White House announced that President and Mrs. Trump are donating $1 million to Harvey relief. But there is no satisfying the White House press corps. The Associated Press can’t report on the president’s contribution without taking a dig at him:

The White House says President Donald Trump is pledging $1 million in personal funds to Harvey storm relief efforts.

White House Press Secretary Sarah Huckabee Sanders made the announcement at a briefing Thursday.

And she says he’s calling on reporters to help decide which specific organization he will give to.

So far, so good. But now the AP interjects commentary, in a weaselly passive voice:

Trump has been criticized in the past for giving far less of his income to charitable causes than many other multi-billionaires.

Did the AP ever criticize miserly contributions to charities by Barack Obama, Joe Biden, or John Kerry, or ever report on the fact that conservatives are consistently more generous, on the average than liberals with similar incomes? Of course not. Trump pledges $1 million, and for the AP it is just another opportunity to take a partisan shot at him. In other words, it’s business as usual.

Expecting Defeat In Supreme Court, Public Sector Unions Try to Slow Exodus of Members

Posted: 31 Aug 2017 10:42 AM PDT

(John Hinderaker)

A case titled Janus v. American Federation of State, County, and Municipal Employees, Council 31 is on appeal to the U.S. Supreme Court on a petition for a writ of certiorari. The 7th Circuit’s opinion in the case is here. It is widely expected that the Court will grant certiorari. The case raises issues substantially identical to those in Friedrichs v. California Teachers Association.

In Friedrichs, decided last year, the Court split 4-4 following the death of Justice Scalia and therefore left standing a 9th Circuit decision adverse to the plaintiff, a California school teacher. In Janus, like Friedrichs, plaintiffs are asking the Court to overturn the ruling in Abood v. Detroit Board of Education and bar public employees from being forced into unions, or from being required to support unions via the fiction of “fair share” contributions. It is widely believed that Rebecca Friedrichs would have won her case had Scalia lived, and that, with Neil Gorsuch now sitting in place of Scalia, Janus and his co-plaintiff will win, Abood will be overturned, and public sector unions will be dealt a very serious blow.

Public sector unions are the main source of support for Democratic Party candidates and liberal policies. Campaign finance is much-debated, but in my opinion, there is only one real campaign finance scandal: the fact that unions are able to use the force of law take money from people unwillingly and spend it on politics, in ways of which many members disapprove. If the Supreme Court rules in favor of Mark Janus, that corrupt practice will finally come to an end. It could be the most significant development in American politics in a very long time.

The public sector unions are bracing for defeat. In Minnesota, where I live, the most powerful political force, by far, is Education Minnesota, the state’s teachers’ union. Education Minnesota is beginning a campaign to trick teachers into signing up for the indefinite future so that they will not be liberated by the anticipated Janus decision. Tom Steward has the story at Center of the American Experiment’s web site:

The state’s most powerful public employee union—Education Minnesota—has quietly begun laying the groundwork to prevent the potential loss of thousands of members and millions of dollars, depending on the outcome of a landmark labor rights case widely expected to go before the U.S. Supreme Court next term. *** Education Minnesota recently asked its local union representatives to get all 86,000 teachers to sign a “Membership Renewal” form that automatically renews payment of union fees every year unless the teacher remembers to opt out in writing. …

“The teachers’ union is betting that most teachers will just sign the card without reading it, or understanding what it means—and just keep paying,” said Kim Crockett, Vice President of Center of the American Experiment.

This is the language that the union wants its members to agree to. I find it almost incredible:

I agree to submit dues to Education Minnesota and hereby request and voluntarily authorize my employer to deduct from my wages an amount equal to the regular monthly dues uniformly applicable to members of Education Minnesota or monthly service fee, and further that such amount so deducted be sent to such local union for and on my behalf. This authorization shall remain in effect and shall be automatically renewed from year to year, irrespective of my membership in the union, unless I revoke it by submitting written notice to both my employer and the local union during the seven-day period that begins on September 24 and ends on September 30.

(Emphasis added.) Thus, the union seeks to deprive its members of the rights they likely will be accorded by the Supreme Court. (It is worth noting that virtually all teachers in Minnesota, and likely in some other states, are involuntary union members. It would be hard to find a Minnesota teacher who has ever voted to be represented by a union.) Can the union’s stratagem possibly work? I am retired from the law business, but the word “consideration” occurs to me. Still, I am told that labor law is often so favorable to unions that devices like this one may effectively preserve union dominance even after the Supreme Court has set public employees free.

Similar campaigns to frustrate the rights of public employees are being waged, or soon will be waged, in non-right to work states across the country. The stakes are very high. More at the link.

(DHS) Magical mystery tour: Doing the work the Star Tribune won’t do (4)

Posted: 31 Aug 2017 04:42 AM PDT

(Scott Johnson)

I set forth the chain of events that sparked my interest in the 2016 MSP International Airport tour for Somalis only in the post “(DHS) Magical mystery tour (and why I need a lawyer).” Last year I sought information from the Department of Homeland Security Office of Civil Rights (OCR) under the Freedom of Information Act. OCR provided a few heavily redacted pages and rebuffed the administrative law judge when he requested an explanation of the redactions.

Theresa Bevilacqua of Dorsey & Whitney’s Minneapolis office answered my plea for help. Theresa has filed a Freedom of Information Act (FOIA) lawsuit against the Department of Homeland Security Office of Civil Rights (OCR) on my behalf in federal court in Minneapolis.

I thought at the time the lawsuit was filed that the Star Tribune might take an interest. If asked about it, I had planned to respond that we are only doing the work the Star Tribune won’t do. However, the Star Tribune hasn’t asked.

Because the Customs and Border Protection (CBP) official to whom I spoke last year directed me to OCR, I neglected to file a separate FOIA request with CBP. On Ms. Bevilacqua’s advice, I did so. In response to my FOIA request, CBP produced 29 redacted pages (posted via Scribd in part 3) with claimed FOIA exemptions stamped over the redactions. CBP also withheld 31 pages in their entirety.

I disputed the applicability of the FOIA exemptions cited by CBP in an administrative appeal of the CBP’s response to my FOIA request. Late Tuesday afternoon I received the results of my appeal. Although my disagreement with the claimed exemptions was rejected in its entirety, the appeal has resulted in a much fuller production of documents. Redactions have been undone in part and additional documents have been provided from those previously withheld.

My interest in this matter has been reportorial. I believe it to be a matter of public interest reflected in the attention that many Power Line readers have given to it. I have now posted the letter apprising me of the disposition of my appeal together with the documents produced pursuant to it below via Scribd. I invite interested readers to sort through the documents and readers with more knowledge than I to help us understand them in comments below or by email to [email protected].

As I mentioned in part 3 of this series, I attempted to follow up on CBP’s response to my FOIA request by inquiry to CBP public relations. CBP spokesman Kris Grogan advised me: “Every year CBP conducts numerous events and programs around the country in which civic, religious and community leaders, as well as interested residents, are afforded an inside look at how CBP secures the border at and between ports of entries. CBP is committed to fostering a positive relationship within the communities we live and serve.”

I asked these follow-up questions of Mr. Grogan: Can you tell me what other groups receive annual tours of the secure areas at MSP Airport such as this one? How can I get myself invited? Do you have any reason to think that invitees who don’t pass vetting (such as the disinvited imam) don’t get information from the vetted guests?

Grogan failed to respond in any manner. Something tells me that they really don’t want us to know much of anything about what’s happening here. They certainly aren’t making it easy to find out.

However, a faithful Power Line reader has alerted me to the MSP Airport tour offered this coming October 12 by CBP to members of the Minnesota State Bar Association’s Immigration Law Section. I signed up for it earlier this week. Assuming I pass the CBP’s vetting, I will report on the tour from the inside — once again, doing the work the Star Tribune won’t do.

357627568-CBP-2017-AP-077218 copy by Scott Johnson on Scribd

Trump gets high marks for hurricane response

Posted: 30 Aug 2017 07:50 PM PDT

(Paul Mirengoff)

Our friend Tevi Troy is an expert on presidents responding to disasters. He wrote a book — “Shall We Wake the President? Two Centuries of Disaster Management from the Oval Office — about it.

Writing in the Wall Street Journal, Tevi gives President Trump high marks for his administration’s response to Hurricane Harvey. “Washington’s disaster authorities appear to be in sync with the state on roles and responsibilities; the Federal Emergency Management Agency and its leader, Brock Long, deployed resources as Harvey approached; and the government response as a whole appears well coordinated,” he says.

Tevi cites Rear Adm. W. Craig Vanderwagen, a former career emergency manager who is plugged into the Harvey response effort. In an email to Tevi, he wrote: “Early read is that Executive Branch is performing well under this President.”

Why has the response been successful so far? Tevi suggests two reasons.

The first is personal. The president “has surrounded himself with leaders experienced in this area,” most notably Gen. John Kelly who served as Secretary of Homeland Security before becoming Trump’s chief of staff.

Trump has been slow to fill important positions in various government departments and agencies. However, this has not been the case at DHS. Moreover, Long, Trump’s selection to head FEMA, is an experienced hand in emergency management.

Preparation has been the other key to success. According to Tevi:

Mr. Long began preparing for the next disaster the day he was sworn in, when he presided over a cabinet-wide tabletop exercise on emergency management. Frank Cilluffo, a homeland security aide in the Bush administration, says this showed the White House was taking disaster readiness seriously. “Training is everything here,” he told me. “You want to make mistakes on the practice field, not in the actual event.”

Then in early August, weeks before Harvey showed up on the radar, Mr. Long hosted the president and other cabinet officials at FEMA for a briefing on the coming hurricane season.

As noted, when Harvey approached, Long began deploying resources and did so wisely.

Tevi also applauds the Trump’s communications efforts. He finds that the president’s tweets about the storm “have been informative and responsible, with a tone appropriate to the human tragedy,” but he advises Trump to stop tweeting about non-essential matters — e.g., the Arpaio pardon — until the storm passes.

Tevi commends Trump for leaving the non-Twitter communications to the government officials directly involved in the response. By doing so, he promotes message discipline and ensures that the message is coming from people with standing to appeal to Americans across the partisan divide.

You can tell Trump is handling the Hurricane Harvey emergency well. The best the anti-Trump media has been able to come up with by way of criticism is to attack his wife for wearing high heels when she boarded the airplane for Texas.

PowerLine -> Comey drafted Clinton exoneration memo before Crooked Hillary was interviewed? PowerLine -> Comey drafted Clinton exoneration memo before Crooked Hillary was interviewed? Daily Digest Senators say Comey drafted Clinton exoneration memo before she was interviewed…

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otcsocialnetwork · 8 years ago

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$ 25.00 Visa Gift Card Giveaway

This giveaway is simple. Here are the details (rules) NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. * Eligibility: Sweepstakes (the “Sweepstakes”) is open only to those who sign up at the online sweepstakes page and who are 13 years old or older as of the date of entry. The sweepstakes is only open to legal residents of any country and is void where prohibited by law. Employees of OTC WATCH LLC (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited. * Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of OTC WATCH LLC, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws. * Sweepstakes Period: Entries will be accepted online starting on or about 11/16/2017 and ending 12/16/2017. All online entries must be received by 12/16/2017 11:59PM EST. * How to Enter: The Sweepstakes must be entered by clicking “Enter Me” in the poll titled “$ 25.00 Visa Gift Card Giveaway” located throughout the website. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of OTC WATCH LLC. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of OTC WATCH LLC. * Prizes: Winner will receive a $25.00 Visa Gift Card, which is valued at $25.00 *United States dollars. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for OTC WATCH LLC to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. * Odds: The odds of winning depend on the number of eligible entries received. * Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via email to the email address they entered the Sweepstakes with within five (5) days following the winner selection. This will be the email address that the winner uses to access their OTC WATCH account. OTC WATCH LLC shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. * Rights Granted by you: By entering this content you understand that OTC WATCH LLC, anyone acting on behalf of OTC WATCH LLC, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. * Terms: OTC WATCH LLC reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, OTC WATCH LLC may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by OTC WATCH LLC. OTC WATCH LLC reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. OTC WATCH LLC has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, OTC WATCH LLC reserves the right to seek damages from any such person to the fullest extent permitted by law. By entering the Sweepstakes you agree to receive email newsletters periodically from OTC WATCH LLC. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter. * Limitation of Liability: By entering you agree to release and hold harmless OTC WATCH LLC and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries. * Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF United States of America AND Wyoming, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Wyoming having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased. * Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the OTC WATCH LLC Web Site. To read the Privacy Policy, OTC WATCH LLC click here. * Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: OTC WATCH LLC 412 N. Main St. Ste.100 Buffalo, WY, United States. Requests must be received no later than 12/31/2017. * Sponsor: The Sponsor of the Sweepstakes is OTC WATCH LLC 412 N. Main St. Ste.100 Buffalo, WY, United States Visa is a registered trademark of Visa, Inc. This sweepstakes is not sponsored by or endorsed by Visa. You can Download a Copy of our rules here. Attachments: You must be logged in to view attached files. http://dlvr.it/Q1Ls3L

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