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http://sfvveteransdayparade.com/grand_marshall | 2017-04-24T15:15:46 | s3://commoncrawl/crawl-data/CC-MAIN-2017-17/segments/1492917119637.34/warc/CC-MAIN-20170423031159-00223-ip-10-145-167-34.ec2.internal.warc.gz | 0.966413 | 565 | CC-MAIN-2017-17 | webtext-fineweb__CC-MAIN-2017-17__0__85778948 | en | VETERANS DAY PARADE
The San Fernando Valley Veterans Day Parade Committee is proud to announce our
2016 Grand Marshal
Judge Pregerson is also a tireless advocate for the homeless in Los Angeles County, particularly veterans and families. Working with the Salvation Army and U.S. Vets, Pregerson has overseen the construction of shelters, transitional housing, and child development centers throughout Los Angeles. Judge Pregerson continues to work closely with these facilities, which provide shelter, treatment, training, and hope for thousands of homeless men, women, and children.
Judge Harry Pregerson was born and raised in East Los Angeles. He graduated from Belvedere Junior High School in 1938 and from Roosevelt High School in 1941 where he was elected Student Body President. He enrolled at UCLA, and joined the Navy NROTC Program and served in the Marine Corps during World War II. In May 1945 during the Battle of Okinawa he sustained severe gunshot wounds through both thighs. In 1947 he attended UC Berkeley Law School on the GI Bill, graduating in 1950. Pregerson practiced law in Van Nuys, where he and his wife, Bern, a microbiology professor at Pierce College, raised their two children, U.S. District Judge Dean Pregerson and dermatologist Dr. Katie Rodan.
Judge Pregerson has served on the state and federal bench for over 50 years. Governor Pat Brown appointed him to the L.A. Municipal Court in 1965, then to the Superior Court in 1966. In 1967, President Lyndon Johnson appointed Pregerson to the U.S. District Court for the Central District of California. President Jimmy Carter elevated him to the Ninth Circuit Court of Appeals in 1979.
Judge Pregerson has dedicated much of his life to helping under-served members of our society. As a district judge, he structured a consent decree that created thousands of affordable housing units for those displaced by the I-105 Century Freeway. The Century Housing program also created training and employment programs for women and minorities and established child care centers to serve the local population. The interchange of the 110 and 105 freeways was named the “Judge Harry Pregerson Interchange” in recognition of his service.
Judge Pregerson later played a key role in protecting public health when he ordered the City of Los Angeles to stop dumping sewage sludge into Santa Monica Bay. He ordered full secondary treatment for all wastewater, and was affectionately dubbed the “Sludge Judge” for his efforts to modernize the Hyperion Treatment Plant. The new plant, which helped revitalize marine life in the Santa Monica bay, was named one of the Top Ten Public Works Projects of the Twentieth Century, along with the Hoover Dam, Panama Canal, and Golden Gate Bridge. | law |
https://www.execlets.co.uk/tenant-faqs | 2021-07-24T21:13:34 | s3://commoncrawl/crawl-data/CC-MAIN-2021-31/segments/1627046150308.48/warc/CC-MAIN-20210724191957-20210724221957-00043.warc.gz | 0.943668 | 679 | CC-MAIN-2021-31 | webtext-fineweb__CC-MAIN-2021-31__0__4509628 | en | For our latest Coronavirus updates, please Click here
If we managed the property on behalf of the landlord, your deposit is held in a securely bonded client account for the term of your tenancy. It is held as security against your obligations to your Landlord under the Tenancy Agreement. At the end of the tenancy we will undertake a final inspection to make an assessment. Your deposit will then be returned to you in full if no deductions are applicable.
If we do not manage the property for the landlord, we will pay the deposit to them and instructed them that this needs to be lodged with a deposit protection scheme.
When you find a property you like, you will need to provide references, a deposit and be prepared to undertake ID and credit reference checks. This is to confirm your suitability as a tenant and your ability to meet the financial commitments. Referencing normally takes a few days, but you will need to provide all requested information in full to avoid any delays and risk of losing the selected property.
Our processes are the slickest in the Industry. We will ask you to download our online application or send it to you via email. The application procedure is as follows
Agents normally use credit referencing companies to carry out checks and provide a recommendation on your suitability. If you have no adverse credit history but are financially weak for the rental amount then you may be able to arrange a Guarantor. The Guarantor effectively underwrites the agreement to ensure that the rent will be paid. Your Guarantor will also need to be credit checked.
Many tenancies can be arranged within a week, but ultimately the move in date will be determined after discussion with the Landlord.
You will complete a standing order mandate before your tenancy starts so that your rent is paid to us or the landlord, direct from your bank account on the same day every month. Payment of rent by any other means may incur additional administration charges.
Unless otherwise agreed in writing, you are required to pay for the Council Tax, all utilities including gas, electric, water, cable/satellite, telephone and TV licences. If you are a student you will not be required to pay Council Tax. If your property has any other form of fuel such as oil or propane gas, then you will be required to pay for that too.
Your Tenancy Agreement, unless agreed otherwise, will normally be a 6 or 12 months Assured Shorthold Tenancy.
You should be aware that this is a legally binding contract between you and your Landlord, and one that can only be brought to an end by the appropriate Notice to Quit, or mutual consent.
These will be set out in your Tenancy Agreement. Your rights, and those of your Landlord are determined by the Landlord & Tenant Act as amended from time to time.
You have the right to live in their home without being disturbed. The landlord and other people cannot enter freely when they wish and must seek permission to visit – typically at least giving 24 hours notice.
A tenancy runs until it is ended by a tenant, or a landlord, through agreed surrender of the property, a notice being served, or eviction carried out. Tenants within a fixed-term can only end the tenancy during that time if their tenancy agreement says so. This will depend upon the agreed notice period. | law |
https://evostrix.com/ea-refusing-to-remove-loot-boxes-in-belgium-and-may-go-to-court/ | 2019-03-19T08:35:23 | s3://commoncrawl/crawl-data/CC-MAIN-2019-13/segments/1552912201922.85/warc/CC-MAIN-20190319073140-20190319095140-00452.warc.gz | 0.969612 | 459 | CC-MAIN-2019-13 | webtext-fineweb__CC-MAIN-2019-13__0__111230695 | en | EA Refusing To Remove Loot Boxes In Belgium And May Go To Court
Belgium recently declared loot boxes a form of gambling and banned them. The Gaming Commission asked EA to remove loot boxes from its video games but the company is reportedly refusing to remove loot boxes from FIFA 18 and FIFA 19. Both games feature random card packs that are considered loot boxes in this case.
In April, when the BGC finished Belgium Officially Declares Loot Boxes Gambling And Illegal, EA was one of the companies mentioned as being in violation – specifically, its Ultimate Team card packs in FIFA 18 and upcoming release 19. Unlike other companies called out by Belgium, EA has not pulled these from 18, nor has it given any indication it will do so for FIFA 19.
As reported (and run through Google Translate) by the Dutch outlet Nieuwsblad, EA is currently under criminal investigation by the Brussels public prosecutor’s office (by request of the BGC) due to its refusal to remove these loot boxes from its games.
As the story notes, there’s no new law on the books; rather, loot boxes in games are being counted as part of already established gambling laws. Naturally, EA will argue that their packs for FIFA 18 and 19 are not gambling, which probably comes as much of a “surprise” to them as it did to Blizzard with Heroes of the Storm and Overwatch.
The difference is that Blizzard complied with the commission while still arguing its point — a decision that, in the short term, will cost the company money but at least ensure that it complies with local law. EA apparently isn’t willing to forgo that income, or at least seems to think it has a stronger case, and is willing to risk legal sanctions to prove its point.
Based on past statements (such as CEO Andrew Wilson’s assertion in May), it appears EA is ready and waiting for a legal battle. The BGC determined that loot boxes fell under an existing gambling law, but a court challenge could reverse that decision. In that case, BGC general director Peter Naessens told Nieuwsblad that the commission will pursue efforts to change the law so that loot boxes are included again. | law |
https://www.missionsynths.com/collections/new-books/products/sparrow-music-distribution-and-the-internet | 2024-04-20T16:39:38 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296817670.11/warc/CC-MAIN-20240420153103-20240420183103-00852.warc.gz | 0.936258 | 276 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__46932501 | en | There is hardly an aspect of internet music promotion, sale and distribution which does not have a legal dimension. Since the stakeholders in the process includes artists, their managers, music publishers, record companies, distribution companies and the consumer, the law relating to internet music distribution is extremely complex. Andrew Sparrow's Music Distribution and the Internet provides those connected to the music and media industries with a guide to the legal requirements they must meet, answering questions such as: ¢ How should you conclude contracts with consumers over the internet? ¢ What are the various legal terms and conditions that should govern the sale of physical product to online music buyers? ¢ How should a website user's personal information be handled? ¢ What limitations are there on the way this data may be used for ongoing marketing of an artist's work or the merchandise associated with it? ¢ What are the latest copyright laws in this area and how do they apply to the internet? The book provides practical advice on how to approach key relationships with the internet buying consumer and other online media providers. The law is explained in straightforward terms and applied throughout in a music business context. Music Distribution and the Internet is an essential reference for anyone seeking to exploit and protect their rights and those of their artists in the rapidly expanding, constantly evolving and fascinating arena that is new media.
Info from Taylor & Francis | law |
http://www.errollgwilliams.com/web/index.asp?cat=pledge | 2018-09-23T12:48:32 | s3://commoncrawl/crawl-data/CC-MAIN-2018-39/segments/1537267159359.58/warc/CC-MAIN-20180923114712-20180923135112-00463.warc.gz | 0.957017 | 243 | CC-MAIN-2018-39 | webtext-fineweb__CC-MAIN-2018-39__0__31206276 | en | I will continue to work tirelessly for you, the citizens of Orleans Parish. Throughout my 31 years of public service, I have never run from a challenge or quit. Your continued faith is my inspiration.
Your home is one of the most important investments that you will ever make. I will ensure that your interests as property owners are protected. To protect your interests, I will continue to support the homestead exemption and efforts to increase this exemption to keep pace with inflation. And, that senior and disabled citizens living on limited incomes are informed and receive the protection of the assessment freeze program
Continual enhancements will be made to the current assessment process to ensure that they are fair and equitable.
It takes leadership and commitment to run a responsive and efficient assessors office. As your parish assessor, I will continue to seek ways to enhance your access to property records while maintaining a cost-efficient professional and courteous office.
Under one assessment policy I will make New Orleans a fairer place to do business by creating a transparent and fair system to determine property values. This will give businesses and homeowners faith in the assessment process. Local businesses as well as homeowners need to know that their property will be assessed fairly. | law |
http://marotzke-anwalt.de/Defense-Attorney/ | 2021-10-28T19:39:48 | s3://commoncrawl/crawl-data/CC-MAIN-2021-43/segments/1634323588526.57/warc/CC-MAIN-20211028193601-20211028223601-00586.warc.gz | 0.983065 | 279 | CC-MAIN-2021-43 | webtext-fineweb__CC-MAIN-2021-43__0__293160478 | en | Defense Attorney Christoph Marotzke
Your defense attorney in Hamburg
Christoph Marotzke is a lawyer and defense attorney operating from the Sankt Pauli district in Hamburg.
His fields include:
- General criminal law
- Traffic violations
- Drug offenses
- Sex crimes
- Youth offenses
- Legal remedy
- Administrative offenses
He was born in Boston, Massachusetts in the United States of America. He had a bilingual upbringing due to his German family. He employed this advantage during his legal training to become acquainted with both American and German legal practices. After his family moved to Hamburg, Germany, he graduated high school in 2010 and went to law school, graduating in 2016 and specializing in criminal law, criminal procedure and criminology.
He was a trainee in Hamburg for two years, although he also worked for a longer period of time in a law firm operating nationwide that specialized in criminal law. He also spent 4 months in San Francisco, California, working at the Superior Court of San Francisco. After completing his second law degree in 2019, he established his law firm in Sankt Pauli, hoping to help others in his home town.Christoph Marotzke is a lawyer specialized in the areas of criminal law and administrative offences law.
Free first consultation
Make an appointment now and present your case in a free first consultation. | law |
http://securitybonds.co.uk/deputy-bonds | 2022-06-30T20:38:17 | s3://commoncrawl/crawl-data/CC-MAIN-2022-27/segments/1656103877410.46/warc/CC-MAIN-20220630183616-20220630213616-00244.warc.gz | 0.960419 | 417 | CC-MAIN-2022-27 | webtext-fineweb__CC-MAIN-2022-27__0__2140093 | en | We are pleased to provide Deputy Bonds for Professional Deputies. Our Bond fulfills all the requirements of the Office of the Public Guardian (OPG) and we have been approved by them to issue bonds.
The Bond guarantees to pay any financial losses suffered by ‘P’ arising from the Deputy’s failure to perform their duties as directed by the Court of Protection and/or OPG.
The Bond has a range of features which has been tailored to the needs of ‘P’ and the Deputy. One of our main features is our payment options. We are the only bond provider to offer a one-off payment option enabling big premium savings and reduced administration.
The bond also have free retrospective cover and premium free discovery periods.
Our team has over 50 years’ experience issuing security bonds for Clients who are the subject of a Deputyship. Over the years these Bonds have been claimed against to recover millions of pounds due to misappropriation by Deputies.
We are able to offer bonds to Professional Deputies ranging from £10,000 to £5 million with a choice of payment options to best suit ‘P’.
Our one-off payment option starts from just £30 for a bond of £10,000. We are able to offer a ‘5 year payment option’ to spread the cost with no further premiums requested once 5 payments have been collected.
The bond can be purchased via our online application system. The application will only take a few minutes with confirmation document sent by email. You will also receive a payment invoice inviting you to setup a direct debit
t. (0800) 772 0886
Security Bonds Limited, Tower House, Parkstone Road, Poole, Dorset BH15 2JH
Security Bonds Limited is Registered in England No. 11616784 is authorised and regulated by the Financial Conduct Authority under Firm Reference No. 843895 | law |
http://www.respectwomen.co.in/unwed-mother-can-be-the-sole-childs-guardian-supreme-courts-latest-landmark-judgment/ | 2018-12-11T05:02:19 | s3://commoncrawl/crawl-data/CC-MAIN-2018-51/segments/1544376823565.27/warc/CC-MAIN-20181211040413-20181211061913-00572.warc.gz | 0.977322 | 495 | CC-MAIN-2018-51 | webtext-fineweb__CC-MAIN-2018-51__0__129713517 | en | The Supreme Court has now recently held that an unwed mother can also become the sole legal guardian of her child even without the consent of the father. Even if the father is in the picture, she may choose not to reveal his name. She can now constitutionally have full custody of her child. The petitioner was a government official and she filed the writ petition in the Supreme Court in 2011 after the Delhi High Court did not allow her to file for a guardianship petition without taking the father’s consent. Her plea in front of the Apex Court was that she barely lived with the father for two months and that he wasn’t even aware of the child’s existence. It is already well known through statutes like The Guardians and Wards Act 1890 and The Hindu Minority and Guardianship Act 1950 that a notice has to be sent to the child’s father so that he gives his consent before a plea for guardianship is moved. The petitioner argued in this case that if the passport application form does not require identification of the father, why is it necessary to make an exception of such a kind in guardianship cases. The bench which addressed the main issue raised in this case comprised of Justices Vikramjit Sen and Abhay Manohar Sapre. They decided the case by saying that there is no need to insist on the father’s name and if it is an unwed mother’s case, then her name is sufficient for the purposes of guardianship. The apex court thus, quashed the orders of the lower courts (Trial Court and High Court) to reach this conclusion. Hence, a father’s consent is no more required if an unwed mother wants to become her child’s legal guardian. The Apex Court in it’s judgment also remarked that the lower courts did not really take into account the welfare of the child while deciding the case, which should have been of utmost importance. The SC has now sent the entire matter to the Trial Court and said that the father’s consent is not required while deciding guardianship cases. The Supreme Court, through this judgment, has clearly proclaimed the fact that the times are changing and they are certainly in tune with these changing times. This precedent has been considered to be a great move by a lot of activists. ————–
About the Author: This article is contributed by Sayesha Bhattacharya, our intern. | law |
https://sociology.uwo.ca/people/profiles/Silcox.html | 2022-01-18T08:18:09 | s3://commoncrawl/crawl-data/CC-MAIN-2022-05/segments/1642320300805.79/warc/CC-MAIN-20220118062411-20220118092411-00282.warc.gz | 0.925325 | 336 | CC-MAIN-2022-05 | webtext-fineweb__CC-MAIN-2022-05__0__137206436 | en | Jennifer Silcox, Adjunct Assistant Professor
PhD, Sociology, Western University
Jennifer Silcox is a criminologist who specializes in gender, youth crime, and media. She is currently collaborating with faculty at the University of South Carolina on two projects relating to news coverage of violent girls in US and Canadian media outlets. Additionally, she is part of a team at the London Health Sciences Centre and St. Joseph’s Health Care London exploring youth perceptions of human dignity in mental health care. In the community, she has worked with non-profit organizations carrying out public outreach with women in prison and women and girls involved in the sex trade. As well, she has worked with youth in conflict with the law as part of their rehabilitation and diversion. On campus, she has helped with sexual harassment and violence education, workshops on transgender inclusivity in the classroom, and restorative justice panels assisting student victims of sexual hazing.
Areas of Specialization
- Youth crime;
- Qualitative research;
- Social inequality;
- Women and crime;
- Mental health
- Stevens Andersen, Tia, Jennifer Silcox, Deena Isom. 2019. Constructing “Bad Girls”: Representations of Violent Girls in the Canadian and U.S. News Media." Deviant Behavior 40(3): 1-13.
- Silcox, Jennifer. 2017. "Are Canadian Girls Becoming More Violent? An Examination of Integrated Criminal Court Survey Statistics." Criminal Justice and Policy Review 30(3): 1–27. | law |
https://vip.graphem.com/terms-of-service/ | 2023-12-03T03:33:07 | s3://commoncrawl/crawl-data/CC-MAIN-2023-50/segments/1700679100484.76/warc/CC-MAIN-20231203030948-20231203060948-00327.warc.gz | 0.935043 | 641 | CC-MAIN-2023-50 | webtext-fineweb__CC-MAIN-2023-50__0__291896337 | en | Welcome to Graphem Solutions VIP. These Terms of Service govern your access to and use of our website, products, and services. By accessing our website and utilizing our services, you acknowledge that you have read, understood, and agree to be bound by these terms.
Graphem Solutions specializes in providing VIP support for WordPress sites, offering a range of services including resources, tools, training materials, and educational content. Our services are designed to assist you in managing and optimizing your WordPress sites effectively.
To avail of our services, users are required to register on our platform. Users must provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account information, including your password, and for any activities or actions under your account. Graphem Solutions cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Subscription fees, payment terms, and renewal policies are detailed on our website. Services can be canceled by you at any time on 30 days written notice to Graphem Solutions. We reserve the right to change the fees for our services at any time, with notice to you.
Graphem Solutions reserves the right, at its sole discretion, to modify, suspend, or discontinue the services, or any part thereof, at any time, for any reason, with or without notice.
Users are granted a limited, non-exclusive, non-transferable license to access and use our services and content. All intellectual property rights in and to our services and content are owned by Graphem Solutions.
Graphem Solutions provides services “as is” and disclaims all warranties, whether express or implied. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services. You agree to defend, indemnify, and hold harmless Graphem Solutions from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your access to or use of the services.
Graphem Solutions does not warrant that any of the materials on its website are accurate, complete, or current. We may make changes to the materials contained on the website at any time without notice.
Graphem Solutions may provide links to third-party websites or services. We do not endorse and are not responsible or liable for their content, products, or services.
Graphem Solutions, the Graphem Solutions logo, and other Graphem Solutions trademarks, service marks, graphics, and logos used in connection with our services are trademarks or registered trademarks of Graphem Solutions.
Graphem Solutions reserves the right to modify these Terms of Service at any time. We will make reasonable efforts to notify you of any material changes to the Terms.
These Terms of Service and any disputes arising out of or related to these Terms or the services will be governed by the laws of [Your Jurisdiction], without regard to its conflict of law principles. | law |
https://forenv.upm.edu.my/penyelidikan/kumpulan_penyelidikan/dasar_dan_tadbir_urus_alam_sekitar-56576 | 2024-04-23T08:46:46 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296818468.34/warc/CC-MAIN-20240423064231-20240423094231-00815.warc.gz | 0.918936 | 139 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__151292293 | en | This field of study covers research on various topics and contemporary issues related to national as well as international environmental policies. Emphasis is given to environmental governance comprising several important principles such as independence, openness and transparency, accountability, integrity, clarity of purpose, and effectiveness. Research in this field also includes the legislative aspects at national and international levels, including the implementation and enforcement of relevant legislative regimes to achieve sustainable environmental management.
Environmental and Resource Policy | Governance and Administrative Regimes| Multilateral Environmental Agreement | Environmental Law
Updated:: 16/12/2023 [fatin_ar]
Universiti Putra Malaysia
43400 UPM Serdang | law |
https://www.theinternet.works/internet-works-files-amicus-curiae-brief-at-the-supreme-court-in-gonzalez-v-google/ | 2023-09-25T20:43:10 | s3://commoncrawl/crawl-data/CC-MAIN-2023-40/segments/1695233510085.26/warc/CC-MAIN-20230925183615-20230925213615-00777.warc.gz | 0.918508 | 218 | CC-MAIN-2023-40 | webtext-fineweb__CC-MAIN-2023-40__0__35484143 | en | Today, Internet Works, a coalition of 21 small to mid-sized technology platforms and organizations, filed an amicus curiae brief with the U.S. Supreme Court in the case Gonzalez v. Google.
This statement can be attributed to Internet Works:
“Section 230 protects internet users, as well as platforms and organizations of all shapes and sizes. Without this foundational law, the internet would not be a driver of economic growth or global forum for conversation and connection. A misguided reinterpretation of Section 230 risks undermining the digital ecosystem as we know it, including by significantly degrading user experience and expectations of how the internet works today.
Put simply, what’s at stake is the internet’s continued ability to connect, enable and serve people around the world.
In its brief, Internet Works explains why Section 230 clearly protects organizing and displaying content to users, highlights the importance of Section 230 across the internet ecosystem and urges the Court to preserve the internet as a tool for free speech, education, commerce and innovation.”
Read the full brief HERE. | law |
https://investorbill.com/does-medical-debt-really-go-away-after-7-years/ | 2023-03-28T06:27:54 | s3://commoncrawl/crawl-data/CC-MAIN-2023-14/segments/1679296948765.13/warc/CC-MAIN-20230328042424-20230328072424-00101.warc.gz | 0.959932 | 600 | CC-MAIN-2023-14 | webtext-fineweb__CC-MAIN-2023-14__0__106484377 | en | Does Medical Debt Go Away After Seven Years?
Some people think that debt just disappears after a set amount of time, but this is not always the case. For example, many believe that medical debt vanishes after seven years. While medical debt may be easier to manage than other types of debt, it will not necessarily go away entirely after seven years and could still negatively impact your credit report.
The 7-year figure does come from somewhere
However, under the Fair Credit Reporting Act, most negative information must be removed from your credit report after seven years. This includes bankruptcies, foreclosures, and late payments. So, if you have unpaid medical bills that are more than seven years old, they will no longer appear on your credit report.
While this may seem like good news, it’s important to understand that unpaid medical debt can still have a major impact on your finances. This is because medical debt is often sold to collection agencies. So, even if the original debt is more than seven years old, the collection agency may still report it to the credit bureaus.
This means that the debt could still show up on your credit report and impact your credit score. Additionally, collection agencies can continue to try to collect on the debt, even if it’s more than seven years old. So, while medical debt may not have the same negative impact on your credit report as other types of debt.
Statutes of limitations on debt collection by state
It’s important to note that each state has its own laws regarding the statute of limitations on debt collection. This is the amount of time a creditor or collection agency has to sue you for an unpaid debt. Once the statute of limitations expires, the creditor or collection agency can no longer sue you for the debt.
However, this does not mean that the debt is no longer owed. It just means that the creditor or collection agency can no longer take legal action to collect the debt. So, even if the statute of limitations has expired, you may still be responsible for paying back the debt.
Dealing with medical debt
If you’re dealing with medical debt, there are a few things you can do to make it more manageable.
First, you should try to negotiate with the medical provider. Many providers are willing to work out a payment plan or even reduce the amount of the bill.
You can also contact the collection agency and try to negotiate a payment plan. Keep in mind that collection agencies may be more willing to negotiate if you offer to pay a lump sum or make regular payments over time.
Finally, you can consider using a medical debt consolidation loan to pay off the debt. This can help you get a lower interest rate and monthly payment.
The bottom line is that medical debt will not automatically go away after seven years. However, there are ways to manage medical debt so that it doesn’t have a major impact on your finances. | law |
https://divorcewithoutdrama.8b.io/ | 2024-04-14T20:55:50 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296816893.9/warc/CC-MAIN-20240414192536-20240414222536-00110.warc.gz | 0.978957 | 537 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__79555110 | en | “Divorce without drama” is more than just a catchy phrase… it really does describe my approach to family law. If you are searching for a lawyer to handle your family law issue, you are likely going through one of the most difficult periods of your life and the stakes are high – your family, your children, your property. You are worried about a million things and either you have told no one and are facing this alone or you are getting conflicting advice that is only adding to your anxiety.
My job as I see it is to reduce your anxiety by allowing you to feel like you don’t need to have all the answers. (In truth, most people don’t even have all the questions.) Although every divorce, every child custody case, every parenting time issue or support issue is unique, they all share some characteristics and there is a process to each that I have navigated before. I cannot promise an outcome, but I do promise that I will proceed in a manner that is intended to dial down the drama and promote a healthy forever after.
Both full and limited scope representation.
I am a certified mediator and can work with both represented and unrepresented parties to reach a resolution to their issue(s).
For situations that call for guidance and/or legal expertise but not necessarily representation.
I have been licensed to practice law since 1994. I am a divorced mother of two wonderful adult children who were not adults in 1994, so I chose to be in private practice where I could manage/juggle my schedule as I thought best.
-1994 Juris Doctor, Detroit College of Law, graduated cum laude
-1981 Bachelor of Arts, University of Michigan
They are both men and women. The legal system is designed to be gender neutral but the reality is that men and women typically face different challenges in their journey. I have no gender preference. I am equally eager to assist both men and women so long as they are seeking to pursue a course of action marked by civility and fairness. Above all else, if children are involved, my client’s priority is doing what is best for the children.
It is critical to select the right family law attorney for you. You want a lawyer that is knowledgeable, experienced and practices with integrity. You also want a lawyer that is accessible – not just geographically, but personally available to talk to when the need arises. Mostly, you want a lawyer that hears you. It is not enough for your lawyer to listen to you; your lawyer needs to really hear you, so that he/she can advocate for what is important to YOU. | law |
http://villageoffortplain.com/police/ | 2017-04-27T06:57:00 | s3://commoncrawl/crawl-data/CC-MAIN-2017-17/segments/1492917121893.62/warc/CC-MAIN-20170423031201-00104-ip-10-145-167-34.ec2.internal.warc.gz | 0.955745 | 220 | CC-MAIN-2017-17 | webtext-fineweb__CC-MAIN-2017-17__0__166472982 | en | The principal mission of the Fort Plain Police Department is to preserve the rights of citizens and reduce fear in the community through the prevention of crime, protection of persons and property, the maintenance of order in public places, and to anticipate and respond to events that threaten public order and the preservation of life and property.
It is essential that all members remember that in the execution of their duties they act not for themselves but for the good of the public. They shall respect and protect the rights of individuals and perform their services with honesty, zeal, courage, discretion, fidelity, and sound judgment.
Police officers must seek and preserve public confidence by demonstrating impartial service to law, and by offering service and trust to all members of the public.
Our broad philosophy embraces a wholehearted determination to protect and support individual rights while at all times providing for the security of persons and property in the community. In meeting this objective, it is our duty to operate as a public service organization. We will at all times work in cooperation with community agencies and groups to promote understanding of and competence in our efforts in law enforcement. | law |
https://ncwpdr.org/ncwp/ncwp-board-meeting-feb-5-2019 | 2020-01-18T12:45:33 | s3://commoncrawl/crawl-data/CC-MAIN-2020-05/segments/1579250592565.2/warc/CC-MAIN-20200118110141-20200118134141-00332.warc.gz | 0.898029 | 702 | CC-MAIN-2020-05 | webtext-fineweb__CC-MAIN-2020-05__0__229609596 | en | - Call to Order
- Salute the Flag
- Consent Calendar: (The following items will be treated as one item and enacted with one vote unless a Board member or a stakeholder requests that an item be placed on the Discussion Calendar.)
- Approval of Minutes of previous Board meeting
- Receive and file the Treasurer's Report
- Motion to support the proposal to purchase, not to exceed $3500, and implement audio/video technology to livestream our board meetings, with an ongoing cost not to exceed $150 per month and direct Budget and Finance committee to make any needed changes to the fiscal budget. (LiveStream)
- Motion to opposes SB50 and urges our City Councilmembers to introduce a resolution in Council forthwith, opposing SB50. (WRAC)
- Motion to approve NCWP Standing Rules.
- Motion to approve expenditure not to exceed $500 to improve the ncwpdr.org website for accessibility/ADA compliance.
- Motion to approve expenditure of $99.95 for annual website hosting service, Host for Web.
- Motion to approve expenditure of $112.01 for website maintenance/security updates.
- Announcements from Governmental Representative (limit to 3 minutes please)
- Announcements from Board Members
- LAX Northside/Prop O park update - Lisa Trifilett, Consultant to LAWA
- BIRD Scooters - Morgan Roth, Community Relations Manager - Bird, re LADOT One Year Dockless Mobility Pilot Program
- Discussion Calendar and related Public comment
- Public Comment - non-agenda items (limited to 2 minutes per speaker unless otherwise declared by the President or presiding director. Public comment on agendized items will be called as each agenda item is brought forward.)
- Election outreach/update
- Committee Reports
NCWP Board Meeting on Feb 5, 2019
Public Comment Request
In compliance with Government Code section 54957.5, non-exempt writings that are distributed to a majority or all of the board in advance of a meeting, may be viewed on our website at www.ncwpdr.org, or at the scheduled meeting. In addition, if you would like a copy of any record related to an item on the agenda please contact committee chairperson at (213) 473-7023 or by email through our website at www.ncwpdr.org. The public is requested to fill out a SPEAKER CARD to address the Board on any item of the agenda prior to the Board taking action on an item. Comments from the public on Agenda items will be heard only when the respective item is being considered. Comments from the public on other matters not appearing on the Agenda that is within the Boards subject matter jurisdiction will be heard during the Public Comment period. Public comment is limited to 2 minutes per speaker, unless waived by the presiding officer of the Board. As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and upon request, will provide reasonable accommodation to ensure equal access to its programs, services and activities. Sign language interpreters, assistive listening devices, or other auxiliary aids and/or services may be provided upon request. To ensure availability of services, please make your request at least 3 business days (72 hours) prior to the meeting you wish to attend by contacting the Neighborhood Council Project Coordinator (213) 978-1551. | law |
https://northshoremauirealestate.com/tag/spreckelsville/ | 2022-12-06T14:16:50 | s3://commoncrawl/crawl-data/CC-MAIN-2022-49/segments/1669446711108.34/warc/CC-MAIN-20221206124909-20221206154909-00266.warc.gz | 0.933051 | 578 | CC-MAIN-2022-49 | webtext-fineweb__CC-MAIN-2022-49__0__1444030 | en | The method of dividing a parcel into a Condominium Property Regime (CPR) is becoming quite popular in Hawaii.
It allows buyers land ownership of a unit area, a legally surveyed section with shared common elements. The common elements can range from a driveway to shared water, basically anything the parties would like to include in the sharing. Think of it as a horizontal condo versus the vertical ones we’re so familiar with around our islands.
0 Kai Poi Place, Peahi- Haiku
A perfect example of the opportunities presented by a Maui CPR property are seen with 0 Kai Poi Place in the Peahi area of Haiku on Maui’s North Shore.
0 Kai Poi Place is located on Opana Point in Haiku, Maui. The property has been divided into (A) MLS#383358 ($699,000) & (B) MLS#383359 ($499,000)
Property Features: It’s Powered by Nature! Clifftop & Oceanfront, Stunning Panoramic Views, Rare Opportunity, Paved & Fenced, Grated & Level Land, Access Roads, Private Water & Ag Zoned. Ready to Build…
Unit A is a 6.986-acre parcel and Unit B, a 2.91-acre parcel. Although the 10+ acre property has been divided (CPR’ed), it’s still possible to buy together.
Both 0 Kai Poi Place parcels offer so much. Without a doubt, prospective new owners will enjoy freedom, peace, fresh air, privacy, serenity, always changing island views, magical sunrises, sunsets, and starry nights.
The documentation for CPR‘s are exactly the same as those condos you see in Kihei or Waikiki, which include House Rules, survey, financial obligations, voting rights and any other owner instructions. The best part of a CPR is that it allows a property owner to divide their property, and sell off identified portions to make additional money.
The property can be with or without buildings, and it doesn’t alter the zoning or permitted use of that specific zoning of the property.
A bit of fun facts…
In fact, Hawaii was the first State in the United State to CPR. This is how it started. During the 1960s, lawmakers established a way to sell air space above a particular piece of land. A great example would be the apartment high-rises that are typically seen on Oahu in Waikiki and Honolulu. This was originally called Horizontal Property Regime (HPR); which has now translated to Condominium Property Regime (CPR).
For more information about CPR, consult with a top Maui real estate professional, or a Maui CPR attorney. | law |
https://nma-ip.com/profile.html | 2023-02-04T00:02:01 | s3://commoncrawl/crawl-data/CC-MAIN-2023-06/segments/1674764500076.87/warc/CC-MAIN-20230203221113-20230204011113-00570.warc.gz | 0.945789 | 290 | CC-MAIN-2023-06 | webtext-fineweb__CC-MAIN-2023-06__0__120135741 | en | Phone: (+27) 82 616 0944
Tel: 012 003 3238
Natasha Mohunlal & Associates IP Attorneys is a boutique law firm specializing in intellectual property services across Africa and globally, through our trusted network of global agents. We specialize in trade marks, copyright, patents and design services.
Natasha Mohunlal is the Founder and Managing Director of the practice and has over 16 years’ experience in intellectual property law. Natasha was employed by two of the leading Intellectual Property law firms in South Africa. Her vision and fortitude for growth, expansion and success lead her to the decision of establishing her own practice.
Natasha’s exclusive focus is in taking the time to understand her clients’ brands, brand requirements and what it represents to them. Her extensive professional and legal collateral is utilized to support clients in formulating and building their brand protection strategies. Natasha is a dynamic and focus driven Attorney and is an expert in the field of trade mark prosecution and brand enforcement strategies. Natasha invests in and takes the time to advise her clients on a wide variety of intellectual property matters. Her “cradle to grave” service driven approach is unique and beneficial to her clients’ business success. She is actively involved in many business forums both locally and internationally, placing her at the heart of the evolving intellectual property evolution. | law |
https://tacticsmatter.com/refuse-to-be-a-victim/ | 2024-04-16T10:51:32 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296817081.52/warc/CC-MAIN-20240416093441-20240416123441-00610.warc.gz | 0.949799 | 301 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__17071987 | en | As a service to our community we conduct a number of information based presentations. These presentations include but are not limited to:
* Women’s Situational Awareness: Developing a personal and home protection plan is a key component of not only preparing for how we should react if confronted by a violent crime but also how we might avoid violent crime in the first place. Within this lesson students will learn that developing a protection plan is about much more than becoming proficient with a firearm or writing up a home invasion plan. It’s a plan that must encompass awareness, avoidance and preparation so that we’re less likely to find ourselves in a situation where we have no other option than to defend ourselves.
* The National Rifle Association (NRA)’s Refuse to Be a Victim program teaches the tips and techniques you need to be alerted to dangerous situations and to avoid criminal confrontation. Seminars are held across the nation and are open to individuals of all ages. If you would like a presentation for your organization please contact us.
* Constitutional Carry/Permitless Concealed Carry was passed in the state of Texas beginning September 1, 2021 for anyone at least 21 years old or older who may lawfully possess a handgun. As a responsibly armed American we realize you may have many questions surrounding the laws surrounding this law. We’ve gathered some of the most frequently asked questions and would love to share them with you and your group or organization.
Contact us for additional information | law |
https://countycare.com/members/member-rights-responsibilities/ | 2023-12-06T21:09:53 | s3://commoncrawl/crawl-data/CC-MAIN-2023-50/segments/1700679100603.33/warc/CC-MAIN-20231206194439-20231206224439-00237.warc.gz | 0.814253 | 4,198 | CC-MAIN-2023-50 | webtext-fineweb__CC-MAIN-2023-50__0__276692153 | en | - Be treated with respect and dignity at all times.
- Have your personal health information and medical records kept private except where allowed by law.
- Receive information about CountyCare Member Rights and Responsibilities. You also have the right to suggest changes to this policy.
- Receive, in a reasonable amount of time, information about CountyCare Health Plan, and its services, providers, and polices.
- Participate with providers in making decisions about your health care treatment, including the right to refuse treatment.
- Have a candid discussion with your provider about appropriate or medically necessary treatment options for your conditions, regardless of cost or benefit coverage.
- Receive information on available treatment options and alternatives. This includes the right to ask for a second opinion. Providers must explain your treatment options in a way you understand.
- Be protected from discrimination.
- Receive information, including the Member Handbook, in other languages such as audio, large print or Braille.
- Request an interpreter when needed.
- File a complaint (sometimes called a grievance), or appeal about CountyCare or the care you received without fear of punishment of any kind. You can request an interpreter during any complaint or appeal process.
- Appeal a decision made by CountyCare on the phone or in writing.
- Request and receive a copy of your medical records and in some cases request that they be amended or corrected.
- Choose your own primary care provider (PCP) from CountyCare. You can change your PCP at any time.
- Receive health care services in ways that comply with federal and state law. CountyCare must make covered services accessible to you. Services must be available 24 hours a day, seven days a week.
- Be free from any form of restraint or seclusion used for convenience or as a way to force, discipline, or retaliate.
Member Rights & Policies
As a CountyCare member, we must honor your rights and cannot punish you when you exercise your rights.
- Treat your doctor and the office staff with courtesy and respect.
- Carry your CountyCare ID card with you when you go to your doctor appointments and to the pharmacy to pick up your prescriptions.
- Keep your appointments and be on time for them.
- If you cannot keep your appointments cancel them in advance.
- Provide as much information as possible so that CountyCare and its providers can give you the best care possible.
- Know your health problems and take part in making decisions about your treatment goals as much as possible.
- Follow the instructions and treatment plan agreed upon by you and your doctor.
- Tell CountyCare and your caseworker if your address or phone number changes.
- Tell CountyCare and your case worker if you have other insurance and follow those guidelines.
- Read your member handbook so you know what services are covered and if there are any special rules.
Member Grievances and Appeals
CountyCare has a process for members to give us feedback. You can file a grievance when you have a complaint. You can file an appeal when a service is denied.
A member grievance is a complaint about any matter other than a denied, reduced, or terminated service or item. CountyCare takes member grievances seriously. We want to know what is wrong so we can make our services better. Let us know right away if you have a grievance. CountyCare has special procedures in place to help members who file grievances. We will do our best to answer your questions to resolve your concern. Filing a grievance will not affect your health care services or your benefits coverage.
To have someone else act on your behalf in a grievance, complete and return the Authorized Representative form. The person listed will be accepted as your authorized representative. We are unable to speak with this person on your behalf unless this form is completed, signed, and returned to us.
These are examples of when you might want to file a grievance:
- Your provider did not respect your rights.
- You did not get an appointment in a timely fashion.
- You were unhappy with the quality of care you received.
- A CountyCare staff member was rude.
- Your provider or a CountyCare staff member was insensitive to your needs.
You can file your grievance on the phone by calling Member Services at 312-864-8200/855-444-1661 (toll-free)/711 (TDD/TTY). You can also file your grievance in writing via mail or fax to:
CountyCare Health Plan
P.O. Box 21153
Eagan, MN 55121
We will try to resolve your grievance right away. If we cannot, we may contact you for more information.
If you have questions or would like more information on Member Grievances, please see the Member Handbook or call Member Services.
You can appeal any decision that CountyCare makes about your care. If a requested service or item cannot be approved, or if a service is reduced or stopped, you will get a Adverse Benefit Determination letter. You may appeal within 60 calendar days of the date on the letter.
If you want your services to stay the same while you appeal, you must say so when you appeal. And, you must file your appeal no later than ten (10) calendar days from the date on the Adverse Benefit Determination letter.
To have someone else act on your behalf in an appeal, complete and return the Authorized Representative form. The person listed will be accepted as your authorized representative. We are unable to speak with this person on your behalf unless this form is completed, signed, and returned to us.
You may want to appeal if CountyCare:
- Did not approve care your provider asked for.
- Did not pay for care your provider asked for.
- Stopped a service that was approved before.
- Did not arrange for timely care.
There are two ways to file an appeal:
- Call Member Services at 312-864-8200 / 855-444-1661 (toll-free) / 711 (TDD/TTY). If you file an appeal over the phone, you must follow it with a written signed appeal request.
- Mail or fax your written appeal request to:
CountyCare Health Plan
P.O. Box 21153
Eagan, MN 55121
Program Integrity (Fraud)
County Care has a program integrity process to detect, investigate and mitigate issues that may be considered fraud, waste, abuse, mismanagement, or misconduct. CountyCare takes program integrity seriously and encourages members to report any activity that could be fraud, waste, abuse, or program mismanagement or misconduct.
Fraud is when a person gets benefits or payments to which he is not entitled. Please let us know if you think someone is committing fraud. This could be a provider or a member.
Some examples of fraud include:
- Lying on a CountyCare or Medicaid form
- Using someone else’s ID card
- A provider billing for services that a member did not get
You can report any suspected fraud by calling Member Services. You can also use our Fraud and Abuse hotline at 844-509-4669. All information is private.
Abuse and Neglect
CountyCare knows that members often rely on others to help with healthcare needs. Sometimes someone who is supposed to help takes advantage of another person. This may be a provider or a family member. It is important to recognize the signs of abuse and neglect. We want CountyCare members to report abuse or neglect immediately.
What Is Neglect?
Neglect occurs when a caregiver withholds food, clothing, shelter, or medical care.
What Is Abuse?
Abuse means causing physical or mental harm. This can also be taking advantage of a person financially.
- Physical abuse is contact that causes bodily harm. For example, being hit or stabbed.
- Sexual abuse is any sexual behavior or contact that occurs without permission.
- Mental abuse includes yelling, name calling or threats. Controlling behavior, embarrassment, or social isolation are also types of mental abuse.
- Financial abuse is when someone uses someone else’s money without consent.
What Can I Do?
If you believe that you or someone else is being taken advantage of or hurt by someone, report it. All information is private.
There are many ways to report fraud, abuse or neglect:
- CountyCare Member Services:312-864-8200/855-444-1661 (toll-free)/ 711 (TDD/TTY)
- CountyCare Fraud and Abuse hotline: 844-509-4669
- DHS Office of the Inspector General: 800-368-1463
- IL Department on Aging: 866-800-1409 /888-206-1327 (TTY)
- Senior Helpline: 800-252-8966/888-206-1327 (TTY)
- IL Department of Public Health: 800-252-4343
- Complete the Critical Incident Reporting Form and fax it to 312-637-8312
Discrimination is against the law.
CountyCare complies with applicable federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. CountyCare does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.
- Provides free aids and services to people with disabilities to communicate effectively with us, such as:
- Qualified sign language interpreters
- Written information in other formats (large print, audio, accessible electronic formats, other formats)
- Provides free language services to people whose primary language is not English, such as:
- Qualified interpreters
- Information written in other languages
If you need these services, please contact Member Services at CountyCare: Phone: 312-864-8200 / 855-444-1661 (toll-free) / 711 (TDD/TTY).
If you believe that CountyCare has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, or sex, you can file a grievance with:
CountyCare Grievance & Appeals Coordinator
CountyCare Health Plan
P.O. Box 21153
Eagan, MN 55121
Phone: 312-864-8200 / 855-444-1661 (toll-free) / 711 (TDD/TTY
You can file a grievance in person or by mail, fax, or via our website. If you need help filing a grievance, the CountyCare Grievance & Appeals Coordinator is available to help you.
You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at:
U.S. Department of Health and Human Services
200 Independence Avenue,
SW Room 509F, HHH Building
Washington, D.C. 20201
1-800-368-1019, 800-537-7697 (TDD)
Complaint forms are available at http://www.hhs.gov/ocr/office/file/index.html
ATTENTION: If you speak ENGLISH, language assistance services, free of charge, are available to you. Call 312-864-8200 / 855-444-1661 (toll-free) / 711 (TTY).
ATENCIÓN: Si habla español, tiene a su disposición servicios gratuitos de asistencia lingüística. Llame al 312-864-8200 / 855-444-1661 / 711 (TTY).
UWAGA: Jeżeli mówisz po polsku, możesz skorzystać z bezpłatnej pomocy językowej. Zadzwoń pod numer 312-864-8200 / 855-444-1661 / 711 (TTY).
注意：如果您使用繁體中文，您可以免費獲得語言援助服務。請致電 312-864-8200 / 855-444-1661 / 711.。
주의: 한국어를 사용하시는 경우, 언어 지원 서비스를 무료로 이용하실 수 있습니다. 312-864-8200 / 855-444-1661 / 711. 번으로 전화해 주십시오.
PAUNAWA: Kung nagsasalita ka ng Tagalog, maaari kang gumamit ng mga serbisyo ng tulong sa wika nang walang bayad. Tumawag sa 312-864-8200 / 855-444-1661 / 711.
ملحوظة: إذا كنت تتحدث اذكر اللغة، فإن خدمات المساعدة اللغوية تتوافر لك بالمجان. اتصل برقم 312-864-8200 / 855-444-1661 / 711 (رقم هاتف الصم والبكم: 312-864-8200 / 855-444-1661 / 711).
ВНИМАНИЕ: Если вы говорите на русском языке, то вам доступны бесплатные услуги перевода. Звоните 312-864-8200 / 855-444-1661 (телетайп: 711).
સુચના: જો તમે ગુજરાતી બોલતા હો, તો નિ:શુલ્ક ભાષા સહાય સેવાઓ તમારા માટે ઉપલબ્ધ છે. ફોન કરો 312-864-8200 / 855-444-1661 (TTY: 711).
خبردار: اگر آپ اردو بولتے ہیں، تو آپ کو زبان کی مدد کی خدمات مفت میں دستیاب ہیں ۔ کال 312-864-8200 / 855-444-1661 (TTY: 711).
CHÚ Ý: Nếu bạn nói Tiếng Việt, có các dịch vụ hỗ trợ ngôn ngữ miễn phí dành cho bạn. Gọi số 312-864-8200 / 855-444-1661 (TTY: 1-711).
ATTENZIONE: In caso la lingua parlata sia l’italiano, sono disponibili servizi di assistenza linguistica gratuiti. Chiamare il numero 312-864-8200 / 855-444-1661 (TTY: 711).
ध्यान दें: यदि आप हिंदी बोलते हैं तो आपके लिए मुफ्त में भाषा सहायता सेवाएं उपलब्ध हैं। 312-864-8200 / 855-444-1661 (TTY: 711) पर कॉल करें।
ATTENTION : Si vous parlez français, des services d’aide linguistique vous sont proposés gratuitement. Appelez le 312-864-8200 / 855-444-1661 (ATS : 711).
ΠΡΟΣΟΧΗ: Αν μιλάτε ελληνικά, στη διάθεσή σας βρίσκονται υπηρεσίες γλωσσικής υποστήριξης, οι οποίες παρέχονται δωρεάν. Καλέστε 312-864-8200 / 855-444-1661 (TTY: 711).
ACHTUNG: Wenn Sie Deutsch sprechen, stehen Ihnen kostenlos sprachliche Hilfsdienstleistungen zur Verfügung. Rufnummer: 312-864-8200 / 855-444-1661 (TTY: 711). | law |
http://lapostfest.org/lapf-competition-terms-and-conditions/?utm_source=rss&utm_medium=rss&utm_campaign=lapf-competition-terms-and-conditions | 2020-05-26T16:27:14 | s3://commoncrawl/crawl-data/CC-MAIN-2020-24/segments/1590347391277.13/warc/CC-MAIN-20200526160400-20200526190400-00511.warc.gz | 0.926908 | 6,876 | CC-MAIN-2020-24 | webtext-fineweb__CC-MAIN-2020-24__0__100631973 | en | LAPF Competition Terms and Conditions
The LAPPG’s L.A. Post Fest Competition OFFICIAL RULES
ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY (“APPLICABLE LAWS”).
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
This contest is subject to these official rules and all federal, state and local laws and regulations. The terms and conditions that govern the party’s relationship (“Terms and Conditions”) are set forth below:
1. Promotion Details
1.1 The Los Angeles Post Production Group’s, L.A. Post Fest, (the “Competition”) is sponsored by Allied Media, Inc., a California corporation doing business as Los Angeles Post Production Group, located at 1158 26th Street #272, Santa Monica, California 90403, United States, its representatives, designees, licensees, and assigns (hereinafter collectively referred to as “LAPPG”), and any and all of its decisions on all matters relating to this Competition will be final and binding. The Competition consists of a skill-based competition in which eligible entrants (hereinafter referred to as “entrants”, “you” or “your”), who are at least the age of majority in the state and/or country in which the entrant resides, create a derivative version of a template film based on an LAPPG-owned script (the “Film”), using only certain additional film assets. In other words, LAPPG will provide all entrants will access to the same Film and film assets, and the entrants’ task will be to create a unique derivative version of the Film, as further described in Section 2 below.
1.2 YOU MUST READ THE ENTIRE TERMS AND CONDITIONS TO FULLY UNDERSTAND WHAT YOU ARE AGREEING TO WITH REGARDS TO THIS COMPETITION. YOU REPRESENT AND WARRANT TO US THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO ENTER INTO THIS AGREEMENT. By entering the Competition, you affirm your agreement to abide by the Terms and Conditions, notices, disclaimers, and other provisions, found herein and associated with the Competition, which may be updated from time to time (collectively referred to hereinafter as the “Rules”). You accept that this is a legally binding electronic contract between you and LAPPG, (“we”, “us”, or “our”), regarding your participation in the Competition.
1.3 ONLY ELIGIBLE CONTESTANTS MAY PARTICIPATE IN THE COMPETITION AND/OR WIN THE PRIZE PACKAGE, AS DEFINED BELOW. LAPPG EXPRESSLY RESERVES FOR ITSELF THE RIGHT TO DETERMINE THE ISSUE OF ELIGIBILITY AT ANY TIME (INCLUDING, WITHOUT LIMITATION, AFTER AN ENTRANT WAS EARLIER DEEMED ELIGIBLE).
2.1 To enter the Competition, you will access the Film and certain film assets (“Approved Film Assets”), which LAPPG will make available to you after your acceptance of these terms and conditions and payment of entry fees.
2.2 You will then create a derivative version of the Film using only the Approved Film Assets (your “Derivative Film”). Once you have created your Derivative Film, then you will submit it to LAPPG by uploading the file according to the instructions you will receive with your entrant credentials to download the Approved Film Assets.
In order for any submission to be deemed complete, you must provide responses to any questions, as well as any requested contact information. There shall be one (1) Derivative Film submitted per entry, and each submission shall be accompanied by a full submission fee.
2.3 The Competition will run from 10:00:00 AM PST on November 15, 2015 (the “Starting Date”) and continue through 11:59:00 PM PST on February 7, 2016 (the “Closing Date”) (collectively the “Competition Period”). Your Derivative Film must be uploaded by the Closing Date. For clarity purposes, no entries will be counted before or after the Competition Period. At the end of the Competition Period, LAPPG will judge the submissions and select one (1) winner per category, as described more fully in Section 6 below. The potential winning of the prize, as more fully described in Section 6.2 below, is subject to verification, as set forth below. Entry is not complete until you have properly followed all the online prompts and instructions to upload your Derivative Film so that your Derivative Film submission is received and you have affirmatively accepted the Rules.
2.4 This Competition is open to residents throughout the world (void where prohibited). This Competition is open to all ages; however, You must be at least 13 years old as of the Starting Date to enter this Competition. If you are under age 18 (or the age of majority under applicable law), we require your parent or guardian’s written consent before we can accept your entry for this competition (parents, please contact us by email).
2.5 LAPPG reserves the right to cancel and/or extend the Competition or to the extent as may be necessary amend these Terms and Conditions without notice in the event of any and all circumstances outside its control, including without limitation, a major catastrophe, war, civil or military disturbance, strike, earthquake or any actual, anticipated or alleged breach of any applicable law or regulation or any other similar event. This applies in particular if the Competition cannot be executed properly due to technical or legal reasons. No liability shall attach to LAPPG as a result thereof.
2.6 Officers, directors, and employees of LAPPG, and any of its subsidiaries and/or agencies associated with this Competition, as well as the immediate families of those persons and/or persons living in the same households as such persons (whether or not related thereto) are ineligible to enter. Any such entries will be invalid.
2.7 You may submit more than one Derivative Film in this Competition, however, any duplicate entries will be deleted and you will be disqualified from this Competition. Derivative Films that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion (including, without limitation, at LAPPG’ and/or any other entity’s servers), are void and will not be accepted. Derivative Films that are not reasonably pertinent to the Competition, as determined by LAPPG in its sole discretion, or are otherwise in violation of these Rules will be disqualified. Thus, only Derivative Films that are created using the Approved Film Assets will be considered valid Derivative Films. Any submission of any invalid Derivative Film will be immediately removed and excluded from the Competition.
2.8 All standard telephone, Internet, network and data charges will apply (there is no additional charge to enter this Competition) and you must have the bill payer’s permission prior to entering the Competition. You will be solely responsible for all costs of making and submitting your Derivative Film.
2.9 Pursuant to Section 3 below, any Derivative Film will be the property of LAPPG or shall be deemed assigned and/or licensed to LAPPG on an exclusive, royalty-free (except where prohibited by applicable law), irrevocable basis (see Section 3 “Grant of Rights” below). LAPPG is under no obligation to make any use of any Derivative Film submitted. Notwithstanding the foregoing, LAPPG may use, edit, and adapt the Derivative Film you supply in any manner or medium.
3. Ownership; Grant of Rights
3.1 You acknowledge and agree that LAPPG is the sole and exclusive owner of the intellectual property in and to the Film and certain Approved Film Assets, throughout the
universe, and in perpetuity. Furthermore, you acknowledge and agree that LAPPG controls, and has the right to use, the intellectual property in certain other Approved Film Assets. You may use the Film and the Approved Film Assets solely for the creation of your Derivative Film in order to enter this Competition. You shall have a revocable, non-exclusive, limited license within the Competition Period to use the Film and the Approved Film Assets solely for the purpose of entry of this Competition. Any use of the Film or the Approved Film Assets beyond the scope of this license shall constitute an immediate breach of these Rules and be considered an intentional infringement on LAPPG’s, or a third party’s, rights. Without limiting the generality of the foregoing, LAPPG does not grant you the right to share, post, comment, message, text or otherwise reproduce, perform, or disseminate the Film or the Approved Film Assets (or any derivative versions thereof) in connection with any physical or digital outlet (i.e., social media platform) during the Competition Period. Commencing two (2) months after the announcement of the Competition winner, you shall have a limited, revocable right to use your Derivative Film strictly for private promotional purposes only.
3.2 Subject to applicable laws, your Derivative Film shall be deemed a “work made-for-hire” specially ordered by LAPPG pursuant to the United States Copyright Act of 1976, as amended, with LAPPG being deemed the sole author and owner thereof. In the event your Derivative Film is determined not to be a “work made-for-hire”, you hereby irrevocably grant and assign to LAPPG any and all rights (including but not limited to proprietary and intellectual property rights, together with the right to amend your Derivative Film, and transfer LAPPG’ rights to the Derivative Film) therein throughout the universe in perpetuity.
3.3 Subject to applicable laws, LAPPG shall be the sole owner of the entire copyright and all other rights in and to your Derivative Film and the results and proceeds of your services in connection therewith. You hereby grant to LAPPG the right and all consents necessary to enable LAPPG to exploit your Derivative Film throughout the universe without any payment or royalty to you (or any third party) of any nature (except where prohibited by applicable law) and, to the fullest extent permissible by applicable law, you waive any so called moral rights or similar rights you may have or acquire in connection herewith. To the extent that you acquire any copyright in or to the Derivative Film you hereby assign the same, including without limitation any and all respective exploitation rights, to LAPPG by way of present assignment of present and/or future copyright for the full duration thereof (including all extensions and renewals).
3.4 You hereby grant to LAPPG (and its licensees, affiliates and assigns), an irrevocable, perpetual, worldwide, exclusive, royalty-free, fully paid up, license (and the right to sub-license such rights) to adapt, use, copy, transmit, display, broadcast, exploit, manipulate, make available or otherwise distribute, publicly perform, digitally perform and/or otherwise use any Derivative Film in any medium and in any manner now or hereafter known without any payment to you (or any third party) of any nature, except where prohibited by applicable law.
3.5 To the fullest extent permissible by applicable law, you hereby waive, and shall procure that any other person involved or performing in the Derivative Film waives, any so-called moral rights or similar rights in connection with the Derivative Film and consents to the use of your performance(s) as provided by these Rules.
3.7 You will, at the request of LAPPG, execute any additional documentation reasonably required by LAPPG to further assure the grant of rights hereunder.
3.8 LAPPG may at its sole discretion opt not to use, without notice or reason, any Derivative Film that LAPPG believes is inappropriate or in breach of these Rules.
3.9 With respect to any Winning Derivative Film, as defined below, any Winner hereby assigns and grants LAPPG the right to sell and otherwise commercially exploit such Derivative Film, without any additional consideration or payment to you (or any third party) of any nature (except where prohibited by applicable law), in any medium and in any manner now or
hereafter known. For the avoidance of doubt these Rules may not be revoked or otherwise terminated by you.
4. Representations and Warranties
4.1 You represent and warrant to LAPPG that:
4.1.1 the Derivative Film supplied by you does not, and shall not, violate the rights of any third party, including, but not limited to, copyrights, performer’s rights, moral rights, trademark rights and/or any other intellectual property rights; and
4.1.2 the Derivative Film supplied by you is not false, deceptive, misleading, scandalous, indecent, criminally obscene, pornographic, unlawful, blasphemous, defamatory, libelous, fraudulent, tortuous, threatening, harassing, hateful, degrading, intimidating, or racially or ethnically offensive, or contains nudity, pornographic images, explicit sexual themes or graphic violence; and
4.1.3 the Derivative Film supplied by you does not and shall not create any liability for LAPPG, its successors and assigns and/or any of their respective licensees; and
4.1.4 the Derivative Film supplied by you does not contain a virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is harmful or invasive or may, or is intended to damage or hijack the operation of, or to monitor the use of, LAPPG or any hardware, software, or equipment; and
4.1.5 the Derivative Film supplied by you does not contain any advertising, promotional material, or other form of solicitation or any non-public information about a company; and
4.1.6 all new elements contributed by you that are embodied in the Derivative Film, including, without limitation, visual effects, composites, animations, and the compilation of elements, were originally created by you; and
4.1.7 you have no right title or interest in the Film or the Approved Film Assets within your Derivative Film thereof.
5.1 You agree to indemnify, defend and hold harmless LAPPG, its successors, licensees and assigns and the licensors of each, and your respective, affiliates, vendors, distributors from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
. 5.1.1 any breach of these Rules;
. 5.1.2 any use of a Derivative Film supplied by you or by any other person or third party under
5.2 To the fullest extent permissible by applicable law, you irrevocably waive the right to assert any claim against LAPPG or any LAPPG company or licensee in relation to the use of your Derivative Film, including, but not limited to any claim arising from, copyright, performer’s rights, moral rights and trademarks. For avoidance of doubt, subject to applicable laws, you agree to waive any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the use of your Derivative Film.
6. The Winners
6.1 After the Competition Period, one (1) Derivative Film in each category, which shall be determined in LAPPG’s sole discretion (each a “Winning Derivative Film”) will be selected from all valid entries, by LAPPG (collectively, the “Judges”), in their sole discretion. Derivative Films will be judged based upon the following criteria: 1) Performance Quality (34%); 2) Creativity (33%); and 3) Originality (33%) (“Judging Criteria”). The Winning Derivative Films will be those that receive the highest overall score, subject to verification of eligibility and compliance with these Rules. The Judges’ decision is final. The person responsible for any such Winning Derivative Film shall be deemed a Winner. The Winner(s) Derivative Film(s), subject to LAPPG’ sole discretion, may be featured on the website and/or web channels (for example Facebook page) of LAPPG, and LAPPG may make further use of the Derivative Film, as set out in the clauses herein. The Winner(s) will be announced by LAPPG on or around March 1, 2016 by publication on the LAPPG website. The Winner(s) will further be contacted by email or telephone directly by LAPPG to be notified that they have been chosen. LAPPG will not notify unsuccessful entries. If you are one of the Winners, LAPPG will request that you contact LAPPG to provide proof of identity and age. Any Winner(s) will also be required to return a completed, signed, and unmodified official affidavit of eligibility, whereby any Winner(s) shall provide his/ her contact information as well as warranties and representations regarding identity, and availability to accept the Prize Package, as well as a release of liability, and (except where prohibited) a publicity release (collectively, the “Documents”) within two (2) or less business days after such notification. Faxed or Scanned copies of the Documents will have the same force and effect as the original documents. Noncompliance within this time period will result in disqualification. If any Winner(s) cannot be reached, or is found to be ineligible, or cannot or does not comply with these Rules, or if his/her Documents are returned as undeliverable, such Winner(s) will be disqualified. If you do not promptly (within two (2) business days of any request made by LAPPG) provide us with any of the information we have requested under this paragraph, you may be disqualified from the Competition at the sole discretion of LAPPG. The Prize Package, as defined below, will be forfeited with respect to any selected Winner and will be awarded to an alternate Winner, in the successive order that the Derivative Films are ranked by the Judges, upon the occurrence of any of the following: (i) the failure of the Winner to redeem the Prize Package by April 15, 2016; (ii) the return of a prize, prize notification or winner announcement email to Sponsor as non-deliverable; or (iii) the rejection of a prize by a Winner.
The Prize Package
6.2 Any selected Winner(s) will receive designated prizes (the “Prize Package”) which includes:Blackmagic Resolve 12, iZotope RX 5 and many other software prizes. The approximate retail value (“ARV”) of all of the prizes is Fifteen Thousand Dollars($15,000.00). There is no monetary value associated with the opportunity to have the Derivative Film promoted and used by LAPPG. Any difference between actual value and stated ARV will not be awarded. No cash equivalent or alternative Prize will be given and the Prize is non-transferable.
6.3 No substitution, cash redemption, or transfer of prize is permitted except at the sole discretion of LAPPG. If prize, or any portion thereof, cannot be awarded for any reason, LAPPG reserves the right to substitute prize or portion of prize with another prize or portion of prize of equal or greater value. Any portion of the prize not accepted by any Winner(s) shall be forfeited.
6.4 LAPPG reserves the right to verify the eligibility of your Derivative Film. LAPPG may request that the Winner(s) contact LAPPG to confirm that they are a winning entrant and/or to provide proof of identity and age. In the event of a dispute as to the identity of a Derivative Film, such Derivative Film will be deemed to have been submitted by the authorized holder of the email account from which the Derivative Film was submitted. You may be requested to provide LAPPG with proof that you are the authorized holder of the email account associated with the winning Derivative Film.
6.5 In all cases LAPPG (and its licensees, affiliates, and assigns) shall not be liable for email that does not reach the Winner(s) for reasons beyond the reasonable control of LAPPG (and its licensees, affiliates, and assigns). LAPPG (and its licensees, affiliates, and assigns) shall not be responsible for any costs or losses incurred directly or indirectly by the Winner(s) as a result of an incorrect email address or address or name given by the Winner(s).
6.6 Any Prize Package awarded does not, and will not, include any payment for expenses incurred in connection with the Competition including without limitation studio hire or equipment hire and costs.
6.7 The Winner(s) may be required, as a condition of being awarded the Prize, for no remuneration, to participate in promotional and publicity materials (such as publication in any form, media or technology now known or later developed) at the reasonable request of LAPPG, and it shall be a condition of being awarded the Prize, that the Winner(s) consents and agree to do so. By submitting your Derivative Film in connection with this Competition, you grant to LAPPG, and its affiliated companies, the right, except where prohibited by law, to use (i) any entry form information including without limitation your name, age, likeness and e-mail address, and (ii) any approved biographical information, without compensation, in any form, media, or technology now known or later developed. Subject to applicable laws, you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to LAPPG and its affiliated companies with respect to all entrants in the Contest, including the entrants who are selected as a Winner and those entrants who are not selected as a Winner. LAPPG is under no obligation to use any such materials or your Derivative Film for any purpose.
6.8 LAPPG (and its licensees, affiliates, and assigns) accepts no responsibility for Derivative Film lost, damaged or delayed, or for any difficulty experienced in accessing or submitting your Derivative Film. Late, damaged, defaced, illegible, incomplete or suspected fraudulent Derivative Films will not be accepted. Proof of dispatch of the Derivative Film (whether electronic or postal) will not be accepted as proof of receipt by LAPPG. LAPPG is not responsible or liable for Derivative Films that are uploaded by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Derivative Films that are illegible, late, forged, destroyed, lost, misdirected, tampered with, incomplete, deleted, damaged, garbled, altered, mutilated, destroyed, or otherwise not in compliance with these Rules, whether caused by any of the equipment or programming associated with or utilized in the Competition, or by any technical or human error which may occur in the processing of Derivative Films in the Competition, or for failure to receive Derivative Films due to transmission failures or technical failures of any kind and such Derivative Films will be disqualified.
7. General Terms
7.1 LAPPG reserves the right, in its sole discretion and without refund of any submission fees, to disqualify any individual it (or its authorized designee) finds to be: (i) tampering with, as applicable, the entry process or otherwise with the operation of the Competition (including, but not limited to, the use of automated computer programs or any non-human mechanism, entity, or device), or any Web page or Web banner ad related to the Competition; (ii) acting in violation of the Rules; (iii) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud any other individual or entity; or (iv) otherwise in violation of any Applicable Law. Any person attempting to defraud LAPPG, or any of its parents, subsidiaries or affiliates, or in any way tamper with the Competition will be
ineligible to win the Prize Package and LAPPG, or any of its parents, subsidiaries or affiliates, will seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities. If, for any reason, the Competition becomes corrupted, or is not capable of running as originally planned, or does not allow the proper processing of Derivative Films in accordance with these Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the sole opinion of LAPPG, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Competition or the granting of a prize or any component thereof, LAPPG reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Competition or any portion thereof and to conduct the judging and award the Prize Package from all eligible, salvageable Derivative Films received (if any) during the Competition Period, in accordance with the Rules.
7.4 In the event of any fault, mistake, misunderstanding or dispute concerning the operation of any part of the Competition, the decision of LAPPG shall be final.
7.5 LAPPG is not responsible for network, telephone line, or communication failures of any kind or for entries that are incomplete, corrupted, incomprehensible, or not received before the closing date and time. Such Derivative Film entries will be void.
7.6 To the fullest extent permissible by applicable law, you hereby agree to release and hold harmless LAPPG, its parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies and its respective employees, officers, directors, agents, representatives, shareholders and prize’ partners and third parties (collectively, the “Releasees”) from any claims, actions, injury, loss or damages of any kind, including but not limited to, any damage to the entrant’s or any other person’s computer relating to or resulting from participation in, or downloading of any materials or software in connection with, this Competition, resulting from participating in this Competition or from the acceptance, possession, or use or misuse of any Prize Package awarded or participation in any Prize Package related activity. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income, or profit; loss or damage to property; and claims of third parties. Subject to applicable laws, eligible participants agree that Releasees have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Competition or the Prize Package awarded. Without limiting the generality of the foregoing, Releasees do not make any express or implied warranties or representations with respect to any promotional web site and Releasees shall not be liable for the consequences of any interruptions or errors related thereto. These terms give you specific legal rights. The provisions regarding implied warranties are void in some jurisdictions where implied warranties are prescribed by law. For avoidance of doubt, subject to applicable laws, you agree to release any and all Releasees from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the Competition.
7.7 You hereby expressly waive Section 1542 of the California Civil Code, as well as any other statute, law or rule of similar effect, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
7.8 To the extent allowable by law, LAPPG shall not be responsible for any payment of any taxes or other costs associated with the receipt of the Prize Package.
7.9 Should one or more provision of these Terms and Conditions and Rules be unlawful, void,
or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and enforceability of the remaining provisions and the remainder of the Terms and Conditions and Rules will thus remain in full force and effect.
7.10 Ineligible Entries – Strategic Partner hereby understands and agrees that its officers, directors, and employees, as well as the immediate families of those persons and/or persons living in the same households as such persons (whether or not related thereto) are ineligible to enter the Contest. Any such attempted entry shall be invalid.
8.1 The Winner(s) agrees to keep confidential any knowledge about LAPPG and its business and personnel received by them as a result of the Prize Package. The Winner(s) will, at the request of LAPPG, execute any additional documentation reasonably required by LAPPG to further assure this confidentiality obligation.
9. Dispute Resolution
9.1 The Rules and this Competition are governed by the laws of the State of California. Except where prohibited, California law, applicable to contracts entered into and to be performed entirely within California, shall govern all disputes arising out of or related to these Rules or the interpretation, performance or enforcement of these Rules. In the event of any dispute between the parties relating in any way to these Rules, the parties agree to in good faith consider resolving the dispute by engage in mediation using a mutually selected mediator. In the alternative, the parties shall submit the dispute to binding arbitration, conducted on a confidential basis under the Commercial Arbitration Rules of the American Arbitration Association in Los Angeles County, California, provided that the federal rules of discovery and evidence shall be applicable to any such proceedings. An award from any binding arbitration shall be enforceable in all courts of competent jurisdiction. All questions concerning the validity, operation, interpretation and construction of this engagement will be governed by and determined in accordance with the laws of the State of California and the prevailing party in such proceeding shall be awarded reasonable outside attorneys’ fees, reasonable expert witness fees, and out-of-pocket and verifiable costs incurred in connection therewith, in addition to any other relief awarded. The parties agree that to the extent permitted by law, the resolution provisions provided in this paragraph are the sole and exclusive remedy of the parties and they waive and forego any right to pursue action in any court or other legal forum to resolve such claims. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THESE RULES WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
LAPPG may freely assign, in whole or in part, any of its rights or obligations under this Agreement to any third party, and any rights and obligations so assigned may also be assigned by the assignee. You must not assign, any of your rights or obligations under this Agreement without the prior written consent of LAPPG. Any assignment attempted in violation of this clause shall be void.
11. Relationship. The parties acknowledge and agree that nothing in this agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
12. Entire Agreement. These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements relating to the subject matter contained herein. | law |
https://www.bearvalleytennis.com/home/informationformembers | 2024-04-18T14:11:35 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296817206.54/warc/CC-MAIN-20240418124808-20240418154808-00383.warc.gz | 0.945578 | 897 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__6403781 | en | The Club’s Board of Directors represents the entire membership.
In order that everyone can enjoy the facilities, the Club has specific rules and regulations controlling the use of the courts. Any person who violates the rules of conduct, does not pay dues or charges, or whose conduct is injurious to the reputation of the club or club members may be suspended for any period or expelled from the membership or from use of the courts.
In case any member of the immediate family of a Club member who is entitled to family privileges shall be deemed guilty of violating any rule of conduct, the offender’s privileges may be temporarily or permanently withdrawn.
Rules, Policies and Procedures
1) Members will be charged annual dues of $100. Members will be billed for the annual membership dues in May, and dues are payable by check within 30 days. Dues not paid within 30 days shall become delinquent and an additional $25 late fee will be applied.
2) All members have the duty and obligation to maintain proper and prompt payment of their yearly dues and charges. BVTC Board of Directors may, after written notice, suspend or expel any member whose dues and/or charges are more than two months delinquent. Members who have been expelled for the non-payment of dues and/or charges shall not be entitled to a refund of their initiation fees.
3) Should a member wish to terminate their membership, or upon death of a member, they may transfer it to another party. Terminating Member must notify the board in writing to whom they want to transfer the membership and the recipient of the transferred membership needs to fill out the new membership and release of liability form. The recipient of the membership does not have to pay the $200 initiation fee. However, the recipient of the membership will assume responsibility for the payment of annual dues.
4) All members with guests are asked to acknowledge their guest’s attendance by signing in at the Bear Valley Adventure Company. At that time guests should fill out the BVTC Hold Harmless Agreement.
5) Non-Members may rent tennis or pickle ball courts for $20/day per court at the Bear Valley Adventure company (Gas Station). They should also fill out the BVTC Hold Harmless Agreement at that time.
6) No food or snacks are allowed on the courts. All drinks must be in unbreakable containers. No smoking is allowed.
7) Cars are to be parked only in designated parking areas.
8) Pets are not permitted on the courts.
9) The club will not be responsible for lost or stolen items.
10) Children under the age of 12 must be accompanied by an adult.
11) Toys, skates, skateboards, bicycles and all other non-tennis equipment are not allowed on the courts.
12) Only Tennis and Pickle Ball players are permitted inside the fenced court areas. Accompanying people should remain outside the fenced areas.
13) Profane or abusive language or disorderly conduct will not be tolerated. All normal rules of etiquette must be observed so the Club facilities can be enjoyed by all.
14) Lost keys will be charged $25.00 replacement fee.
1) Courts will be open seven days a week, weather permitting, from Sunrise to Sunset.
2) Only appropriate tennis and Pickle Ball shoes with smooth soles will be allowed on the courts. Running, soccer shoes, or other types of shoes that may mark or damage the courts are not allowed.
3) Courts are available on a first-come, first-serve basis. Non-members must sign up at the Bear Valley Adventure Company, pay usage fees and a key deposit, and get a key for the courts.
4) Tournaments approved by the BVTC board will be held at designated times throughout the season. Every effort will be made to accommodate members play in conjunction with a tournament, but courts will be available on a limited basis. Any tennis programs that involve court time must be approved by the BVTC Board.
5) Only four persons may play on a court at any one time. Exceptions allowed are group lessons involving more than four people.
6) No set of rules can cover all circumstances; when there is competition for court access during peak times, courtesy, good will and consideration of fellow members should be exercised. | law |
https://www.omnilab-shop.de/en/code-of-conduct;sid=D777D6609A7E7D8BAB79617CDA8B06BF | 2024-04-13T04:20:07 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296816535.76/warc/CC-MAIN-20240413021024-20240413051024-00643.warc.gz | 0.895173 | 721 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__23099225 | en | Code of Conduct
This Code of Conduct defines the principles we adhere to in all interactions with our employees, clients, suppliers, society and the environment as we engage in daily global commerce. Our business model strives to integrate sustainable social, ecological and economic responsibility, exceeding statutory and legal requirements, in all of our endeavors.
It is our objective to create and preserve a corporate culture which supports adherence to the rules and ethical principles stated below in the best possible way.
OMNILAB-LABORZENTRUM GmbH & Co. KG hereby commits to the following principles:
Respect for Human Rights and Legal Compliance
- We support and respect the protection of the UN Human Rights Charter and ensure that our entrepreneurial activity does not make us complicit in human rights abuses.
- We comply with all laws of the applicable jurisdictions in which we conduct business, especially with regard to fair trade, data protection, intellectual property rights, money laundering, and insider trading laws.
Prohibition of Corruption and Bribery
We do not tolerate and will not engage in any form of corruption or bribery, including any unlawful payments or any other benefit conferred to any government official or policy-maker for the purpose of influencing decision making.
Prohibition of Child Labor
We do not employ anyone below the applicable minimum legal working age.
Respect for the Basic Human Rights of Employees
- We promote equal opportunities and treatment of our employees irrespective of race, gender, ethnic heritage, political or religious conviction, disabilities, age or sexual orientation.
- We respect the personal dignity, privacy and rights of each individual.
- We refuse to make anyone work against their will.
- We do not tolerate any unacceptable treatment of employees, including discrimination, coercive, abusive or exploitative behavior, or sexual harassment.
- We provide fair remuneration of our employees and we guarantee the applicable statutory minimum wage.
- We comply with all applicable laws and regulations regarding working hours.
- We recognize employees’ rights of free association and neither favor nor discriminate against members of employee organizations or trade unions.
Health and Safety of Employees
- We take responsibility for the health and safety in the work environment of our employees.
- We utilize the best reasonably applicable standards for precautionary measures to control hazards, prevent accidents and occupational diseases.
- We maintain an adequate occupational health & safety management system which includes regular safety training.
Suppliers and Business Partners
- We promote adherence of our suppliers and business partners to the principles and ethical standards of this Code of Conduct.
- We adhere to the same non-discrimination principles stated above in our relationship with our suppliers and business partners.
- We maintain and develop an adequate environmental management system.
- We make all reasonable technical and economic efforts to reduce pollution beyond applicable statutory and international standards.
- We continuously revise the effectiveness of our environmental protection measures.
Our export control management system strictly complies with all of the European Union’s and the Federal Republic of Germany’s rules and regulations and individual arrangements with suppliers regarding export restrictions. We do not tolerate or engage in any form of circumvention of these regulations and will not conduct business with anyone we believe may be trying to circumvent such regulations.
This Code of Conduct is subject to revision in order to comply with applicable laws and regulations or should there be changes to the requirements of the compliance principles.
Bremen, December 2015
OMNILAB-LABORZENTRUM GmbH & Co. KG | law |
https://kelterknitting.com/blog/education-on-the-inform-consumers-act-for-businesses | 2024-04-17T06:01:50 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296817144.49/warc/CC-MAIN-20240417044411-20240417074411-00072.warc.gz | 0.914172 | 2,517 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__24228644 | en | Congress passed the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act – or the INFORM Consumers Act – effective as of June 27, 2023. The Federal Trade Commission and the States have authority to enforce the new statute and online marketplaces that run afoul of the law could be subject to steep financial penalties. Is your business covered by the INFORM Consumers Act? If so, you’ll want to keep reading.
What does the INFORM Consumers Act require? Under the new law, “online marketplaces” (a phrase the statute defines) where “high-volume third party sellers” (another defined term) offer new or unused consumer products must collect, verify, and disclose certain information about those sellers. Violations could result in civil penalties of $50,120 per violation for online marketplaces.
What’s the purpose of the law? When consumers buy products from online marketplaces, the identity of the seller is often unclear. The goal of the INFORM Consumers Act is to add more transparency to online transactions and to deter criminals from acquiring stolen, counterfeit, or unsafe items and selling them through those marketplaces. The Act also makes sure online marketplace users have a way to report suspicious conduct concerning high-volume third party sellers.
How does the law define an “online marketplace”? You’ll want to check the specific wording of the statute, but in general, an “online marketplace” is a person or business that operates a consumer-directed platform that allows third party sellers to engage in the “sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States.” The law takes the meaning of “consumer product” from the Magnuson-Moss Act, which defines the term as “tangible personal property for sale and that is normally used for personal, family, or household purposes.” The online marketplace also must have a contractual or similar relationship with consumers governing their use of the platform to buy products. Many of the companies that meet the definition of “online marketplace” are national names, but smaller niche platforms with “high-volume third party sellers” are covered, too.
How does the law define ‘‘high-volume third party seller’’? Again, you’ll want to check the specific wording of the statute, but in general, a ‘‘high-volume third party seller’’ is a seller in an online marketplace that, in any continuous 12-month period during the past 24 months, has had on that platform 200 or more separate sales or transactions of new or unused consumer products, and $5,000 or more in gross revenues. In calculating the number of sales or amount of gross revenues for the “high-volume” threshold on a given online marketplace, the only sales that count are ones made though that online marketplace and for which payment was processed by the online marketplace, either directly or through its payment processor. The law specifically exempts businesses that have made their name, business address, and contact information available to the general public; that have a contractual relationship with the marketplace to manufacture, distribute, wholesale, or fulfill shipments of consumer products; and that provide the marketplace with identifying information that the marketplace has verified. The law also exempts from the definition of ‘‘high-volume third party seller’’ the online marketplace itself.
If a business meets the definition of an “online marketplace,” what does the INFORM Consumers Act require it to do? Here are the general legal requirements for online marketplaces, with more specific compliance responsibilities addressed in other Q&As:
Collection. Online marketplaces must collect bank account information, contact information, and a Tax ID number from high-volume third party sellers.
Verification. Online marketplaces must verify the information they get from high-volume third party sellers. They also must require sellers to keep their information current and to certify it as accurate at least once a year.
Disclosure. For high-volume third party sellers that meet a certain level of sales on a platform, online marketplaces must disclose in the sellers’ product listings or order confirmations specific information about the seller.
Suspension of non-compliant sellers. Online marketplaces must suspend high-volume third party sellers that don’t provide information the law requires.
Reporting mechanism. Online marketplaces must provide on high-volume third party sellers’ product listings a clear way for consumers to report suspicious conduct.
What kinds of information must an online marketplace collect? Timing is important here. Once a person or business meets the definition of a “high-volume third party seller,” the online marketplace has 10 days to collect the following information from them:
- Bank account information. The online marketplace must collect the seller’s bank account number, or, if the seller doesn’t have a bank account, the name of the payee for payments the online marketplace issues to the seller. The seller may provide that information either directly to the online marketplace or to a payment processor or other third party designated by the online marketplace.
- Tax ID information. The online marketplace must collect a high-volume third party seller’s business tax identification number – or if the seller doesn’t have one, a taxpayer identification number.
- Contact information. If a high-volume third party seller is an individual, the online marketplace must get the person’s name and a working email address and phone number. For legal entities, corporations, partnerships, etc., that are high-volume third party sellers, the online marketplace must collect a working email address and phone number and one of the following forms of ID: a copy of a valid government-issued identification for an individual acting on behalf of the seller or a copy of a valid government-issued record or tax document that includes the business name and physical address of the seller.
What must an online marketplace do to verify the information it collects? Once a high-volume third party seller provides its banking account, contact, and tax ID information, online marketplaces have 10 days to verify the information. Although the law doesn’t list specific verification steps, the methods the online marketplace chooses must enable it “to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller’s behalf, not misappropriated, and not falsified.” The law also includes a “presumption of verification” that any information contained in a valid government-issued tax document can be presumed verified as of the date of the document. In addition, online marketplaces must keep information from high-volume third party sellers current. At least once a year, the marketplace must require the seller to electronically certify that its information hasn’t changed or that it has provided the marketplace with updated information.
What kinds of disclosures must an online marketplace make? If a high-volume third party seller has annual gross revenues of $20,000 or more on a particular online marketplace, the marketplace must clearly disclose the following information on each of the seller’s product listing pages, or in order confirmation messages and account transaction histories on that platform:
- the seller’s full name, which may include the business name or the name the seller uses on the online marketplace;
- the seller’s physical address; and
- contact information that will allow consumers to have what the law calls “direct, unhindered communication” with the seller, including a working phone number, a working email address, or other means of direct electronic messaging that may be provided by the marketplace – as long as that other means doesn’t prevent the online marketplace from monitoring communications with consumers for fraud, abuse, or spam.
If the listing includes a physical address for product returns, that’s sufficient under this part of the law. Furthermore, if the seller used a different business to supply the product a consumer bought, the online marketplace must, at the consumer’s request, provide the name, address, and contact information for that business.
The law includes a limited exception for high-volume third party sellers that operate only out of their homes. In that case, the online marketplace must disclose the country and, if applicable, the state where the seller lives and provide consumers with a phone number, email address, or other means of electronic messaging where consumers can contact the seller. If the seller’s only phone number is a personal phone, the online marketplace must provide an email address or other form of electronic messaging where consumers can contact the seller. Online marketplaces may have to suspend high volume third-party sellers if they make false statements in an effort to qualify for that limited exception or if the sellers don’t respond to consumers within what the law calls a “reasonable time frame.”
How must online marketplaces respond to sellers’ non-compliance? As a preliminary matter, on the product listing page of any high-volume third party seller, the online marketplace must clearly and conspicuously include both a phone number and an electronic way for consumers to contact the marketplace to report suspicious activity. Furthermore, if a high-volume third party seller doesn’t provide to the online marketplace the information the marketplace needs to comply with the law, the marketplace must give the seller written or electronic notice of non-compliance. If the seller doesn’t provide the information within 10 days, the marketplace must “suspend any future sales activity” of the seller until the seller complies with the requirements of the law.
Does the INFORM Consumer Act require online marketplaces to implement privacy and security safeguards? Yes. To protect the information they’re required to collect from unauthorized use, disclosure, access, destruction, or modification, the law requires that online marketplaces “implement and maintain reasonable security procedures and practices.” That includes putting administrative, physical, and technical safeguards in place that are appropriate to the nature of the data and the purposes for which the data is used. What’s more, data collected solely to comply with the INFORM Consumers Act “may not be used for any other purpose unless required by law.”
What are the consequences for violating the INFORM Consumers Act? A violation of the law is treated as a violation of an FTC rule. So online marketplaces that don’t comply may face FTC law enforcement that could result in civil penalties of $50,120 per violation. The statute also gives enforcement authority to State Attorneys General and other officials authorized by the State. They may file an action in federal court to enjoin further law violation, seek civil penalties and other remedies permitted under state law, and obtain damages, restitution, or other compensation for residents of that state.
What should I do if I suspect a violation of the INFORM Consumer Act? Report it to the FTC. Follow this dedicated link designed especially for the reporting of possible INFORM Consumer Act violations.
Where can I find out more? Read the INFORM Consumers Act for compliance and enforcement specifics. For more information about the Federal Trade Commission Act and other statutes and rules enforced by the FTC, visit business.ftc.gov.
ABOUT THE FTC
The FTC works to prevent fraudulent, deceptive, and unfair practices that target businesses and consumers. Report scams and bad business practices at ReportFraud.ftc.gov. We also provide guidance at business.ftc.gov to help companies comply with the law. Looking for a quick take on recent cases and other initiatives? Subscribe to the FTC’s Business Blog.
YOUR OPPORTUNITY TO COMMENT
The National Small Business Ombudsman and 10 Regional Fairness Boards collect comments from small businesses about federal compliance and enforcement activities. Each year, the Ombudsman evaluates the conduct of these activities and rates each agency’s responsiveness to small businesses. Small businesses can comment to the Ombudsman without fear of reprisal. To comment, call toll-free 1-888-REGFAIR (1-888-734-3247) or visit www.sba.gov/ombudsman. | law |
http://www.fentonautobody.com/WebSite/index.php/customers/promotions/15.html | 2017-03-30T08:40:30 | s3://commoncrawl/crawl-data/CC-MAIN-2017-13/segments/1490218193288.61/warc/CC-MAIN-20170322212953-00423-ip-10-233-31-227.ec2.internal.warc.gz | 0.96428 | 381 | CC-MAIN-2017-13 | webtext-fineweb__CC-MAIN-2017-13__0__140538471 | en | Insurance companies will tell you that they offer several in-network shops that you should take your car to. They will use all kinds of “reasons” for you to take your vehicle to their shops. Sometimes, an insurance company will tell you directly that you have to take your vehicle to one of their network shops. The fact is, the insurance company CAN NOT tell you where you have to take your vehicle for repairs. In the state of Missouri, you - the owner - have the right to choose who performs the work on your vehicle.
They may tell you that they can not guarantee repairs done at any shops outside their ’preferred’ network. With us, you don’t need your insurance company to guarantee the repairs. At Fenton Auto Body, we guarantee any and all labor performed on your vehicle. Also, our paint supplier gives a lifetime guarantee on any materials used to refinish your car. Many of our parts vendors offer lifetime guarantees on the parts we use on your vehicle, as well.
Some insurance companies will tell you that unless you take your vehicle to one of their ‘preferred’ shops, that they may not be able to get to appraising the damages to your vehicle for a week or more. Most insurance companies are required to inspect your vehicle within 72 hours of a claim being filed.
You will see other shops claim they “work directly with your insurance company.” We can work with any insurance company. The only difference is we are not contractually obligated to give any kinds of discounts on parts or labor to the insurance companies. When shops are contractually required to offer these discounts to the insurance companies, who do you think ultimately pays?
For more information on your rights when dealing with an insurance claim, please visit the missouri department of insurance - http://insurance.mo.gov/ | law |
https://barringtonbikeclub.org/join.html | 2022-12-08T07:26:40 | s3://commoncrawl/crawl-data/CC-MAIN-2022-49/segments/1669446711278.74/warc/CC-MAIN-20221208050236-20221208080236-00445.warc.gz | 0.960757 | 252 | CC-MAIN-2022-49 | webtext-fineweb__CC-MAIN-2022-49__0__76953830 | en | As a condition of membership in the Barrington Bicycle Club, I agree that:
- I will act as an ambassador of the Barrington Bicycle Club and the sport of bicycling
- I will respect traffic laws and operate my bicycle in a safe manner, including the Club’s safe riding rules
- I will respect other users of the road
- I will speak up for the rights of bicyclists to equal use of the roads and equal protection under the law
- I will support efforts to improve bicycle facilities and access for all bicyclists
I understand that bicycling is an inherently dangerous activity that can result in serious injury or death. I also recognize that Barrington Bicycle Club activities may take place on public roads open to motor vehicle traffic and containing other hazards to bicyclists. Mindful of these risks, and in consideration of the privileges of Barrington Bicycle Club membership and the receipt of releases and waivers of other members, I release and waive any and all claims against the Barrington Bicycle Club, its officers, and its members for all damages incurred at or associated with any Barrington Bicycle Club activity for myself, my heirs, and my executors and assigns.
Sending this form constitutes agreement with the above terms. | law |
http://www.artofhacking.com/IET/POLITICS/live/aoh_9702_pol.htm | 2013-05-22T10:44:41 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368701614932/warc/CC-MAIN-20130516105334-00015-ip-10-60-113-184.ec2.internal.warc.gz | 0.85058 | 3,888 | CC-MAIN-2013-20 | webtext-fineweb__CC-MAIN-2013-20__0__174611135 | en | AOH :: 9702_POL.TXT|
A related document to MAI
No.2-1997 Other Issues
MAI home page
The Multilateral Agreement on Investment
This Policy Brief deals with the Multilateral Agreement on Investment
(MAI) which is currently being negotiated in the OECD. The MAI is to
be a free-standing international treaty open to all OECD Members and
the European Community, and to non-members willing and able to meet
By providing a comprehensive and stable framework for international
investment, the MAI will give new impetus to growth, employment and
higher living standards. It will also provide an effective means for
settling investment disputes between states and between investors and
This Policy Brief describes the main features of the MAI, explains the
background to the negotiations and addresses the concerns that have
* Why is foreign direct investment so important?
* Why do we need a multilateral agreement on investment?
* Why is the MAI being developed at the OECD?
* Scope of the MAI
* How are investments and investors protected by the Multilateral
Agreement on Investment?
* National treatment
* Exceptions, Safeguards and Reservations
* Most favoured nation treatment
* What happens to environmental standards?
* What are the implications for national sovereignty?
* How will the Mai contribute to responsible behaviour by
* And labour standards?
* Will the MAI be compatible with the World Trade Organisation
* Why are non-OECD countries interested in the MAI?
* How much is publicly available about the MAI negotiations?
* For further reading
* Where to contact us?
Why is foreign direct investment so important?
Foreign Direct Investment (FDI), together with international trade in
goods and services, promotes economic growth, jobs and rising living
standards world-wide. From 1973-96, FDI flows multiplied fourteen
times from $ 25 billion to $ 350 billion per annum, outstripping
growth in international trade.
Governments welcome FDI as a source of capital and innovation and as a
means to promote competition and economic efficiency. Businesses of
all sizes expand across national boundaries in search of new markets
and creative partnerships. Consumers benefit from increased quality,
wider choice and lower prices on the goods and services they buy.
A recent Government of Canada study shows that for every C$1billion of
foreign investment in that country, 45 000 new jobs are created
overfive years. According to the New Zealand Government, foreign
investors in New Zealand reinvest 90% of their profits, employ New
Zealanders in over 99% of the positions they create and pay New
Zealanders on average 28% more than domestic firms.
A World Trade Organisation's study reports that "low levels of trade
and inflows of Foreign Direct Investment (FDI) are symptoms rather
than causes of the plight of many of the poorest countries. Without an
increased inflow of FDI in these countries and increased trade, it is
difficult to imagine how a major improvement in their economic
prospects can be achieved. FDI brings with it resources that are in
critically short supply in poor countries, including capital,
technology and such intangible resources as organisational, managerial
and marketing skills".
Why do we need a multilateral agreement on investment?
The importance of the existing multi-lateral agreements on trade in
goods (GATT) and trade in services (GATS) is widely recognized. The
time has come for similar rules on investment in the form of a
multilateral agreement on investment.
While markets are, of course, the main reason for investment
decisions, the investment climate is also a major factor
indecision-making. Investors need long-term stability of rules and
procedures. They need open markets and equal competitive opportunities
with domestic investors. They also need protection of existing
investments and an international mechanism for settling disputes with
Governments recognize that a liberal investment regime is critical to
attracting foreign investment. They also appreciate that restrictions
and discriminatory measures distort investment flows with detrimental
effects on economic development and efficiency, and create a potential
source of international friction.
To date, international cooperation has relied mainly on a growing
network of some 1630 bilateral investment treaties, regional
agreements such as NAFTA and the investment co-operation instruments
However, the bilateral approach is less than ideal in a rapidly
integrating world economy and bilateral investment agreements do not
exist between many of the OECD countries. The scope of the
Multilateral Agreement on Investment (MAI) will be larger than that of
bilateral treaties. For example, most BITs are limited to the
protection of investments after they are made. The MAI will also cover
the pre-establishment phase, that is the making of the investment.
Regional agreements are necessarily partial in their
geographiccoverage. The OECD instruments - the Codes of Liberalisation
and the Declaration and Decisions on International Investment and
Multinational Enterprises - offer a systematic multilateral approach
to investment, but these instruments are not all binding or
comprehensive and they lack effective dispute settlement procedures.
Globalisation is increasing every day. It calls for enhanced
international co-operation for the world economy to be better
organised and the efficiency and equity of the markets to be
protected. The usefulness of the GATT is now generally recognised. The
time has come for a multilateral agreement on investment.
Why is the MAI being developed at the OECD?
OECD Members have a major stake in investment rules, accounting for 85
per cent of FDI outflows and 60 per cent of inflows.
OECD Members share a common view of the benefits of free investment
flows and the need for more comprehensive and effective investment
Experience with the existing OECD investment instruments the Codes of
Liberalisation and Declaration and Decisions on International
Investment and Multinational Enterprises provided a solid starting
point for negotiation of the MAI.
The broad range of OECD activities, including labour and the
environment, offered important additional sources of support for the
Development of the MAI by the OECD complements the work of other major
rule-making bodies for international trade and finance: the World
Trade Organisation and the International Monetary Fund.
Scope of the MAI
The MAI will be a comprehensive investment agreement, aiming to cover
all economic sectors.
"Investment" in the MAI will be defined broadly to include direct
investments, portfolio investments, real estate investments and rights
The MAI will provide legal guarantees for both the investment itself
and the making of an investment while most bilateral treaties are
limited to the protection of investments after they are made.
The MAI aims to cover "measures" taken at all levels of government:
central, federal, state, provincial and local. "Measures" will include
laws, regulations and administrative practices.
How are investments and investors protected by the Multilateral Agreement on
The core concept of the MAI is non-discrimination:
* The MAI Parties will commit themselves to treat foreign investors
and their investments no less favourably than they treat their own
investors ("National Treatment").
* They will also agree not to discriminate among the investors or
investments of different MAI Parties ("Most-Favoured-Nation
Other important provisions include:
* Transparency: Laws, regulations and procedures of general
application must be made publicly available.
* Transfer of Funds: Investment-related payments, including capital,
profits and dividends, must be freely permitted to and from the
* Entry and Stay of Key Personnel: Investors and key personnel, such
as senior managers or specialised technicians, should be granted
permission to enter and stay temporarily to work in support of MAI
* Performance Requirements: Certain requirements imposed on
investors, such as a minimum export target for goods or services,
would be prohibited.
* Expropriation: May only be undertaken for a public purpose and
subject to prompt, adequate and effective compensation.
* Dispute Resolution: While the agreement has provisions for
resolving disputes through consultations, the agreement will
provide for binding arbitration of disputes, between host and home
states or between the investor and the host state.
In accepting this principle, countries agree to treat to foreign
investors no less favourably than they treat their own investors. This
also means that they have no obligation to grant foreign investors
more favourable treatment.
These two principles apply both to investors and to the establishment,
acquisition, expansion, oper ation, management, maintenance, use,
enjoyment and sale and other disposition of investments.
Exceptions, Safeguards and Reservations
MAI disciplines will not apply in situations addressed by "general
exceptions" or "temporary safeguards" or where individual countries
have taken specific exceptions or reservations.
Under general exception provisions, any country will be able to take
measures necessary to protect its national security or to ensure the
integrity and stability of its financial system.
Under temporary safeguard provisions, any country will be able to take
measures necessary to respond to a balance of payments crisis.
By virtue of country-specific exceptions or reservations, negotiated
among the Parties to the MAI, each country will be able to maintain
laws and regulations that do not conform to MAI disciplines.
Other outstanding issues which need to be addressed include exceptions
for culture and regional economic integration organisations.
Most favoured nation treatment
According to this principle, once a country has accorded a given
treatment to a foreign investor or a foreign investment, it cannot
grant less favourable treatment to any other investor or investment. l
What happens to environmental standards?
MAI negotiators have recognised the importance of environmental
concerns and will ensure that governments keep their freedom to
implement policies to protect the environment, provided those policies
are not more stringent for foreign investors than for domestic ones.
A range of specific proposals is being considered. For example, the
MAI preamble will likely recognize the importance of sustainable
development. MAI negotiators are examining provisions modeled on the
North American Free Trade Agreement (NAFTA) to make explicit the right
of governments to maintain environmental requirements consistent with
national treatment and most-favoured nation treatment, and to provide
that MAI parties should not lower their environmental standards to
attract foreign investment.
Most negotiators support association of the OECD Guidelines for
Multinational Enterprises, with its chapter on environmental matters,
with the MAI. Other environmental proposals may be considered.
What are the implications for national sovereignty?
The MAI will bind countries to a set of rules governing the treatment
of foreign investors and investments. As with all binding
international agreements, this will moderate the exercise of national
authority to a degree. But in return for the commitment to meet the
rules of the agreement, including the undertaking not to discriminate
against foreign investors, parties to the MAI will enjoy the benefits
of a better investment environment. This will act as an attraction for
new investment from abroad and provide protection for their own
investors doing business in other MAI countries.
Governments will remain free to regulate in most fields provided the
non-discrimination rule is respected, and MAI rules can be set aside
for reasons of overriding public policy such as national security. In
addition, non-conforming measures can be maintained if specific
reservations or exceptions are lodged.
How will the Mai contribute to responsible behaviour by foreign investors?
The purpose of the MAI is to provide a framework for international
investment. It will not immunise foreign investors from domestic laws
governing corporate and individual behaviour.
The MAI will not remove the authority of domestic courts, tribunals
and regulatory authorities over foreign investors and their
enterprises. Nor will it deny access of private citizens to these
Furthermore, the association of the OECD Guidelines for Multinational
Enterprises will remind parties to the MAI and foreign investors of
appropriate standards of behaviour in the conduct of business in a
foreign country. Although voluntary, the OECD Guidelines with their
follow-up mechanisms, have proven effective.
And labour standards?
Governments will be free to implement their own policies concerning
labour standards, as long as these standards are not more stringent
for foreign than domestic investors.
MAI negotiators are discussing a provision that would specifically
call on MAI countries not to lower labour standards in order to
attract foreign investment. They are also considering recognition of
the importance of core labour standards in the preamble.
The OECD Guidelines for Multinational Enterprises has an extensive
chapter on employment and industrial relations.
Will the MAI be compatible with the World Trade Organisation agreements?
Yes. The MAI will be drafted to avoid conflicts with WTO agreements.
The objective is not to impose the MAI blueprint of investment rules
on the WTO. It will be for the WTO membership as a whole to decide
what sort of disciplines it will develop in the investment area. The
WTO Secretariat participates in the MAI negotiations as an observer.
Why are non-OECD countries interested in the MAI?
Non-OECD countries have already declared their interest in the MAI.
Five non-OECD countries - Argentina, Brazil, Chile, Hong Kong (China),
and the Slovak Republic - have joined the negotiations as "observers".
OECD outreach activities, including conferences in Brazil and Korea
and briefings by the OECD and its Members, have received a positive
response. OECD Members hope that non-OECD countries will join the MAI
as founding members, or soon after the agreement is put in place.
Non-OECD countries will wish to adhere to the Agreement for the same
reasons as OECD countries, namely:
* greater attractiveness for potential investors by providing a
sound environment and a positive policy signal;
* better market access opportunities and legal protection for their
* access to the dispute settlement procedures; and
* full partnership in implementing the agreement, through membership
in the "Parties Group", and in any future negotiations.
The MAI will be a free-standing treaty, open to accession by non-OECD
economies with the same rights and obligations as OECD Members. Each
country will be able to negotiate its terms of accession, including
its own schedule of reservations.
How much is publicly available about the MAI negotiations?
The progress of the negotiations can be easily followed through the
MAI page of OECD Internet site:
This page provides information on the history of the negotiations, the
status of current negotiations and the issues under discussion.
Information is also available in printed form: free documents,
information letters and articles in The OECD Observer. Some of the
more important OECD studies and reports are listed below. Please
contact us by Internet or directly at one of our centres in the world.
FOR FURTHER READING:
Activities of Foreign Affiliates in OECD Countries 1985/1994
ISBN 92-64-05522-3 US$69 pp. 520.
Also available on Diskette : 92-64-05078-7 US$207
Free on Internet:
Foreign Direct Investment, Trade and Employment
ISBN 92-64-14406-4 US$52 pp. 152
International Direct Investment,
Policies and Trends in the 1980s
ISBN 92-64-13799-8 US$44 pp. 146
Introduction to OECD Codes of Liberalisation
ISBN 92-64-14386-6 US$29 pp. 106
Investment Policies in Latin America and Multilateral Rules on
ISBN 92-64-15446-9 US$27 pp. 192
The OECD Guidelines for Multinational Enterprises and The OECD
Declaration and Decisions on International Investment and
Free on Internet:
The OECD Observer Nos. 202 and 206
and Special Issue on International Trade and Investment,
Free on Internet:
OECD Recommandation on Combating Bribery in International Business
Free on Internet:
Reconciling Trade, Environment and Development Policies
ISBN 92-64-15362-4 US$20 pp. 150
OECD Policy Approaches for the 21st Century
ISBN 92-64-15487-6 US$20 pp. 190
Towards Multilateral Investment Rules
ISBN 92-64-14784-5 US$31 pp. 166
Trade and Investment, Transplants
ISBN 92-64-14156-1 US$44 pp. 152
WHERE TO CONTACT US?
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Internet: www.rtn.net.mx/ocde UNITED STATES
OECD WASHINGTON Center
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WASHINGTON D.C. 20036-4922
Fax: (1-202) 785 0350
Tel: (1-202) 785 6323
Toll free: (1-800) 456 6323
The OECD Policy Briefs are prepared by the Public Affairs Division,
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We do not send spam. If you have received spam bearing an artofhacking.com email address, please forward it with full headers to [email protected]. | law |
https://lauramunn.kwrealty.com/cp/palmetto-heroes/ | 2019-03-22T13:07:05 | s3://commoncrawl/crawl-data/CC-MAIN-2019-13/segments/1552912202658.65/warc/CC-MAIN-20190322115048-20190322141048-00114.warc.gz | 0.949316 | 663 | CC-MAIN-2019-13 | webtext-fineweb__CC-MAIN-2019-13__0__147808615 | en | Palmetto Heroes 2014
Borrowers must be employed in SC and meet SC Housing’s First-Time Homebuyer requirements and underwriting guidelines. A first time home buyer can be someone who has not owned property in the last 3 years or in some counties can be someone who does not own a home at the time of closing. For ex. You own a home you sell it and your closing is at 11 am, you can be a" first time home buyer" (in some counites) if your closing is at 3pm
Law Enforcement Officers – Borrower must be employed full-time as a state or local law enforcement officer (as defined by the SC Law Enforcement Training Act) and must be certified by the Law Enforcement Training Council as of the date of the loan application.
Fire Fighters, EMTs and Paramedics – Borrower must be employed full-time as a fire fighter, emergency medical technician (EMT) or paramedic (or be a volunteer firefighter) with a state or local government agency. EMTs and paramedics may be employed by a company contracted by a state or local government agency to provide emergency medical services.
Teachers – Borrower must be employed as a full-time classroom teacher (or have a contract to begin teaching) and must have a South Carolina Teacher Certification. Teachers with new contracts must be scheduled to receive their first paycheck within 60 days of loan closing.
Nurses – Borrower must be a registered nurse (RN), licensed practical nurse (LPN), or advanced practice registered nurse (APRN) and be licensed with the SC Board of Nursing. Borrower must be employed full-time in a hospital, doctor’s office, school or other medical facility. Certified Nurse Aides (CNA) – Borrower must have a Nurse Aide Certification and be listed on the SC Nurse Aide Registry. Borrower must be employed full-time in a hospital, doctor’s office, school or other medical facility. Search the SC Nurse Aide Registry at: https://www.asisvcs.com/indhome_fs.asp?cpcat=0741nurse
Veterans – Borrower must have served on active duty in the U.S. Armed Forces (other than active duty for training) and received a discharge other than dishonorable within the past 25 years. NOTE: Eligible veterans must not have an ownership interest in a principal residence at the time of loan
Will have the opportunity to purchase a home with a:
• 4% interest rate
• $7000 down payment assistance and
• South Carolina Mortgage Credit Certificate (MCC)
For more information email me at: [email protected] or call 843-737-2865
To view homes to purchase: http://www.buyandsellwithlaura.com/search/
Those citizens who do not qualify for the Palmetto Heroes program may still qualify for one of the other lending programs offered by SC Housing. If you are a first-time homebuyer and interested in learning more about SC Housing’s other lending programs, please feel free to contact me either by phone, email or text | law |
http://privateclient.morgan-cole.com/index.html | 2013-06-20T10:18:07 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368711406217/warc/CC-MAIN-20130516133646-00078-ip-10-60-113-184.ec2.internal.warc.gz | 0.951458 | 129 | CC-MAIN-2013-20 | webtext-fineweb__CC-MAIN-2013-20__0__158588187 | en | Family, Property and Private Client
Morgan Cole's family, property and private client practice provides legal services to individuals rather than organisations. This enables us to provide a complete service to our clients, whether their legal needs are personal or professional.
Our team is sensitive to the sometimes difficult nature of personal plans and circumstances which can require legal involvement, and provide a confidential and professional service tailored to your individual needs.
From the outset of any matter work for you, we will explain what the legal processes are and keep you informed each step of the way. All of our lawyers have direct lines and emails so you are able to contact them as required. | law |
http://stevewallinsurance.com/personal-umbrella-liability-policy | 2020-07-05T07:05:12 | s3://commoncrawl/crawl-data/CC-MAIN-2020-29/segments/1593655887046.62/warc/CC-MAIN-20200705055259-20200705085259-00412.warc.gz | 0.950939 | 370 | CC-MAIN-2020-29 | webtext-fineweb__CC-MAIN-2020-29__0__196289117 | en | Personal Umbrella Liability Policy
You don’t have to be a millionaire to be sued like one!
You’ve insured your car and your home, but what if?
What if you fall asleep at the wheel when driving home and cause an accident that seriously injures several people?
What if you have been meaning to fix the deck in your backyard, but a guest walks over it and falls through?
In these cases, the injured parties may sue you for amounts above one million dollars. Your auto insurance will prove liability coverage up to the amount of your policy limit. Likewise, your homeowner’s policy will cover up to the policy limit. However, the damages may being in excess of your policy limits. In these cases, a Personal Umbrella Liability (PUL) policy can help you survive a lawsuit without losing everything you own.
Personal umbrella insurance acts as protection once your other policies have been exhausted. In cases where personal umbrella insurance is not purchased, causing an accident can result in your surrender of all your material goods in order to assess their value. Most often the property assessed is your home, cars and boating goods. Other property like jewelry and assets may also be part of the pot a person in a lawsuit can claim. Additionally, a portion of your salary may need to go to any successful claimants for many years, if not for the rest of your life.
Even if a lawsuit does not result in a huge reward, court costs are frequently high and exceed amounts an auto or home insurance will allow. Personal umbrella insurance will also step in to allow for repayment of court costs without your needing to sell assets to meet these costs.
Contact us today for a Personal Umbrella Liability quote. We think you’ll be surprised at the affordability for the protection it provides! | law |
https://smethportchamber.com/finance-real-estate/how-do-land-use-regulations-affect-real-estate-development-in-the-greater-london-area/ | 2024-04-20T11:04:21 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296817576.41/warc/CC-MAIN-20240420091126-20240420121126-00212.warc.gz | 0.937416 | 1,581 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__2182470 | en | Land-use regulations are a critical component of urban development, shaping the way cities and towns grow and evolve. For real estate developers, these laws dictate what can be built, where, and how. Yet, they are often an overlooked aspect of the property industry, dismissed as mere bureaucratic red tape. In reality, they are powerful tools that can either bolster or hamper development. Specifically, in the Greater London area, these regulations have considerable implications for real estate development.
Before delving into the effects of land-use regulations on real estate development, it’s crucial to understand what they are and why they exist. In a nutshell, land-use regulations are legal guidelines that control the development and use of land within a specified area. Local authorities typically administer these laws, setting out what kinds of buildings and activities are allowed in different parts of the town or city.
These regulations encompass various elements, including zoning laws, building codes, housing standards, and environmental protections. They are designed to ensure that development is orderly, sustainable, and harmonious, balancing the needs of residents, businesses, and the environment.
For example, zoning laws divide a city into different zones, each with its own set of permitted uses. A residential zone might prohibit commercial or industrial activities, while a commercial zone might restrict certain types of housing. Such laws enable a city to plan its growth strategically, preventing incompatible uses from clashing and ensuring that necessary services and amenities are easily accessed.
A lire en complément : What Are the Benefits of Utilizing Offsite Construction Methods in Urban Real Estate?
Land-use regulations play a significant role in housing development, influencing the type, density, and location of new homes. In the Greater London area, these rules have shaped the city’s distinctive housing landscape, characterised by its mix of historic and modern architecture, high-density flats, and suburban homes.
Regulatory constraints on housing development can significantly affect the supply of new homes. For example, strict building codes or design standards can increase the cost of construction, making it more expensive to build new housing. Similarly, limits on building heights or density can reduce the number of homes that can be built on a given plot of land.
On the other hand, certain regulations can support housing development. For instance, policies that encourage higher density or mixed-use development can create opportunities for more housing. Similarly, streamlined approval processes or incentives for affordable housing can make it easier and more profitable for developers to build new homes.
Beyond housing, land-use regulations also play a pivotal role in broader city development. They help shape the physical layout of a city, its transportation network, and the location of different types of land uses. In Greater London, these regulations have contributed to the city’s unique urban fabric, with its vibrant mix of commercial, residential, and public spaces.
Urban planning regulations can influence real estate development in various ways. For example, policies that promote mixed-use development can create demand for different types of real estate in the same area, such as offices, shops, and homes. Transportation planning can also affect real estate, as properties near transit hubs or major roads often have higher values.
However, regulations can also pose challenges for developers. For instance, requirements for public spaces or amenities can add to the cost of development. Similarly, restrictions on building design or materials can limit the flexibility of developers to respond to market trends or technological advances.
Real estate developers in the Greater London area must navigate a complex landscape of legal and regulatory challenges. These range from planning permissions and building regulations to environmental laws and historic preservation rules.
Failing to comply with these regulations can result in costly delays, fines, or even legal action. Therefore, understanding and navigating these regulatory hurdles is a critical part of real estate development. This often involves considerable time and resources, including hiring legal experts, architects, and planners, and engaging in extensive consultation and negotiation with local authorities.
At the same time, these challenges can also create opportunities for savvy developers. For example, by understanding the planning process, developers can identify opportunities for development before they are widely known, gaining a competitive edge. Similarly, by engaging proactively with local communities and authorities, developers can build support for their projects, making it easier to obtain necessary approvals.
London’s unique regulatory environment adds a layer of complexity to real estate development. In addition to standard planning and building regulations, developers must also contend with additional rules designed to preserve the city’s historic character and promote sustainable development.
For example, London has numerous Conservation Areas where development is tightly controlled to preserve the area’s special architectural or historic interest. Additionally, the city has ambitious targets for carbon-neutral development, requiring new buildings to meet strict energy efficiency and sustainability standards.
These regulations can pose significant challenges for developers, adding to the cost and complexity of development. However, they also reflect London’s unique character and values, contributing to the city’s status as a global city with a rich history and a strong commitment to sustainability. These are factors that can attract investment and development, despite the regulatory hurdles.
A key part of the land-use regulatory framework in the Greater London area is the planning system of England and Wales, which has direct implications for real estate development. The planning system embodies the principles and legislation governing land-use planning in England and Wales. For real estate developers, understanding this system is vital as it determines planning permission, land planning, and development rights.
Under the planning system, local planning authorities, typically the borough council in London, create a local plan that outlines how land in their area will be used. This plan takes into account various factors, including housing needs, environmental considerations, and economic growth objectives. It sets out where new homes, businesses, and infrastructure will be built and what form they should take.
At the heart of this process is the town and country planning system, which is designed to manage the competing demands for space and resources in towns and cities. This system also regulates building activities through planning permissions and building regulations. In essence, a planning permission is required before carrying out most forms of development, while building regulations set standards for the design and construction of buildings to ensure the health and safety of people in or around them.
The planning system also includes provisions for energy efficiency and sustainability as part of its strategy to combat climate change. In line with this, the Energy Performance of Buildings Directive requires new buildings to meet certain energy performance standards.
Land-use regulations play a pivotal role in shaping the real estate landscape in the Greater London area. They present both challenges and opportunities for developers, affecting everything from house prices to the aesthetics of buildings. At their core, these regulations aim to balance the diverse needs of residents, businesses, and the environment, ensuring the orderly and sustainable development of the city.
Navigating this complex regulatory environment requires a deep understanding of legal and regulatory frameworks, from the planning system of England and Wales to local planning and zoning plans. It also requires the ability to work within these constraints, finding creative solutions that meet regulatory standards while also delivering profitable and attractive developments.
Despite the challenges, these regulations contribute to the unique character and appeal of London. They have helped to preserve the city’s historic charm while also driving forward its commitment to sustainability and energy efficiency. As such, they are an integral part of London’s status as a leading global city, attracting investment and development from around the world.
In conclusion, while land-use regulations may add to the complexity of real estate development in Greater London, they are also a powerful tool for shaping the city’s future. By understanding and working with these regulations, developers can contribute to the ongoing evolution of this dynamic and vibrant city. | law |
https://brynmawr.libcal.com/event/4445016 | 2019-02-20T01:15:38 | s3://commoncrawl/crawl-data/CC-MAIN-2019-09/segments/1550247494125.62/warc/CC-MAIN-20190220003821-20190220025821-00566.warc.gz | 0.924485 | 593 | CC-MAIN-2019-09 | webtext-fineweb__CC-MAIN-2019-09__0__185668715 | en | Noura Erakat, "Understanding the Question of Palestine as an Anti-Racist Struggle"
Join us for a lecture by Noura Erakat, human rights attorney and Assistant Professor of Legal Studies, International Studies, and Social Justice/Human Rights at George Mason University, September 14, 6pm, Carpenter B21.
Introductory remarks by President Kim Cassidy
In late July 2018, Israel passed a Nation-State Law declaring Israel as a state for Jewish people and making it legal obligation to ensure their global immigration and settlement. The new law does not recognize the presence or right of residence of its Palestinian native population, including its Muslim and Christian Palestinian citizens who constitute 20 percent of the nation’s population. Israel enshrined the religious and racial supremacy of its Jewish nationals as a constitutional principle making its discriminatory regime unequivocally explicit. Even after this development, the international community hesitated to declare Israel’s legal system as tantamount to Apartheid and dubbed the new law as merely “controversial.” This lecture will explore the historical legacy of understanding the Palestinian struggle as a racial question and consider how recent renewals of Black Palestinian solidarity implicate the future of this struggle.
Noura Erakat is a human rights attorney and an Assistant Professor at George Mason University. Her research interests include humanitarian law, refugee law, national security law, and critical race theory. She is a Co-Founding Editor of Jadaliyya e-zine and an Editorial Committee member of the Journal of Palestine Studies. Prior to joining GMU's faculty, she served as Legal Counsel for a Congressional Subcommittee in the House of Representatives, as a Legal Advocate for the Badil Resource Center for Palestinian Refugee and Residency Rights, and as the national grassroots organizer and legal advocate at the US Campaign to End the Israeli Occupation. Noura is the coeditor of Aborted State? The UN Initiative and New Palestinian Junctures, an anthology related to the 2011and 2012 Palestine bids for statehood at the UN. More recently, Noura released a pedagogical project on the Gaza Strip and Palestine, which includes a short multimedia documentary, Gaza In Context, that rehabilitates Israel’s wars on Gaza within a settler-colonial framework. She is also the producer of the short video, Black Palestinian Solidarity. Noura’s media appearances include CNN, MSNBC, Fox News, PBS NewsHour, BBC World Service, NPR, Democracy Now!, and Al Jazeera. She has published in the Nation, the New York Times, the Los Angeles Review of Books, Huffington Post, Jezebel, IntlLawGrrls, The Hill, and Foreign Policy, among others. Noura is the author of Justice for Some: Law in the Question of Palestine (forthcoming Stanford University Press, 2019).
- September 14, 2018
- 6:00pm - 8:00pm
- Carpenter 21 | law |
https://wrr.maricopa.gov/CivicAlerts.aspx?AID=2646 | 2023-12-02T05:27:06 | s3://commoncrawl/crawl-data/CC-MAIN-2023-50/segments/1700679100327.70/warc/CC-MAIN-20231202042052-20231202072052-00875.warc.gz | 0.926186 | 236 | CC-MAIN-2023-50 | webtext-fineweb__CC-MAIN-2023-50__0__306056483 | en | The Maricopa County Board of Supervisors seeks applicants for appointment to the position of Agua Fria Justice Precinct Constable. Constable Doug Clark has retired and thus resigned the position as of December 31, 2022.
Constables execute, serve, and return processes, warrants and notices; and attend justice courts when required. The vacancy will be filled by the Maricopa County Board of Supervisors. By law, the appointee must be a Democrat, like Clark, live in the Agua Fria Precinct, and be a registered Arizona voter. The appointee will fill the position until a special election in 2024.
You can see the full precinct boundaries here.
Applicants should send their letters of interest along with a resume to the Office of the Clerk of the Board of Supervisors, 301 W. Jefferson, 10th Floor, Phoenix, AZ 85003 or email it to [email protected]. Applications will be accepted until Friday, February 24th, 2023, at 5 pm.
All documents, including applications filed with the Clerk’s Office will become public records. Applicants are subject to a background check. | law |
https://www.sanfordlawgroup.com/lee-county/ | 2024-03-02T04:47:13 | s3://commoncrawl/crawl-data/CC-MAIN-2024-10/segments/1707947475727.3/warc/CC-MAIN-20240302020802-20240302050802-00061.warc.gz | 0.976744 | 300 | CC-MAIN-2024-10 | webtext-fineweb__CC-MAIN-2024-10__0__115920897 | en | Lee County Traffic Lawyers
Lee County Traffic Attorneys
Formed in 1907 from parts of Moore and Chatham County, Lee County is home to the SanfordLaw Group, as well as the communities of Sanford, Broadway, Tramway, Lemon Springs, Colon, and Cumnock.
The county was named for General Robert E. Lee and enjoys a very central location in North Carolina. Ranked 46th in terms of population within the state, Lee is a fairly large county with roughly 60,000 residents. It also a short drive away from major metropolitan and military areas Raleigh and Fayetteville.
With offices just across the street from the Lee County courthouse, the Sanford Law Group is perfectly located to serve people and businesses involved in legal dealings in Lee County. Our lawyers specialize in Real Estate Law and closings, Divorce & Family Law, Business Organization and Estate Planning, and have experience in many areas of law.
If you are searching for a trusted attorney with experience in and knowledge of Lee County, look no further. Each member of our legal team hails from North Carolina and has been in Sanford for at least 30 years, so we know the area and the people, as well as the laws.
If you are facing a legal matter in Lee County and would like to work with a law team you can trust and rely on, please contact the Sanford Law Group. We can be reached through our contact form, via email or at 919-776-4131. | law |
https://www.arc-uk.org/about-us/arc-policy-statements/ | 2023-10-02T19:27:22 | s3://commoncrawl/crawl-data/CC-MAIN-2023-40/segments/1695233511002.91/warc/CC-MAIN-20231002164819-20231002194819-00719.warc.gz | 0.965007 | 2,595 | CC-MAIN-2023-40 | webtext-fineweb__CC-MAIN-2023-40__0__13633901 | en | ARC policy statements
ARC’s view on abortion law time limits in England, Scotland and Wales
The law in England, Scotland and Wales states that termination of a pregnancy may be carried out up until the end of the 24th week of pregnancy (with the exception of cases under what is commonly known as Ground E of the Abortion Act 1967). There have been calls for this legal time limit to be reduced, but ARC will always defend it being maintained at 24 weeks.
- Despite the better provision of first trimester antenatal screening tests, it is important not to assume this means that all parents can opt for earlier terminations of pregnancy in the context of fetal anomaly. In fact, many fetal anomalies (around 40%) first become apparent at the mid-pregnancy fetal anomaly ultrasound scan which is scheduled between 18+0 to 20+6 weeks of pregnancy.
It is not possible to offer this scan earlier without compromising its effectiveness and some hospitals book women in for the scan at 22 weeks as it is felt optimal views of the developing baby can be obtained at this stage.
We take calls every day on our national helpline from parents who are reeling from the shock of being given unexpected news about their baby’s development at this mid-pregnancy scan, struggling to take this in and to know how to proceed. They almost always face further tests to try to establish the outlook for their baby. They then have to make the painful decision about the future of what is most often a much-wanted pregnancy. Any encroachment on the current time limits will result in added pressure on them at a time when they can least withstand it.
- Although post-24 week abortions are permitted under certain conditions under Ground E, there has always been professional caution around sanctioning terminations of pregnancy for fetal anomaly after 24 weeks. This means when an anomaly is diagnosed after the mid-pregnancy scan, some parents are asked to make a final decision about ending their pregnancy before the end of the 24th week.In our three decades of supporting parents in the aftermath of a termination for fetal anomaly, we have learned that a major factor in the emotional recovery of parents who choose to end their pregnancy is that they can look back and feel confident that they were able to access and assimilate information about the diagnosis and the time they needed to work out the way forward that was right for them and their baby. In some cases, parents may discover over time that the outlook for their baby improves and the opportunity to delay the decision means a pregnancy may be continued to term.As the current 24-week abortion time limit appears to be seen by many clinicians as a ‘line in the sand’2, it seems safe to assume that if there were to be a reduction then this gestation would become the new reference point. The knock-on effect on parents faced with a diagnosis of fetal anomaly would be that they may have to make decisions very quickly after their scan, perhaps foregoing the opportunity to have further testing or monitoring because they fear the option of termination may be withdrawn if they delay. A reduction in the upper time limit would add an extra level of stress to an already traumatic situation.
Our long experience tells us that parents who make the painful decision to end the pregnancy do so after careful consideration of what the diagnosis may mean for their baby’s quality of life and what it might mean for themselves and their family’s future. In order to come to the best decision they can within their individual context they need good information, compassion, support and time. We owe it to these parents not to make a distressing situation any worse and so ARC will always defend the abortion law time limit as it stands.
2. : Lotto R, Smith LK, Armstrong N. Clinicians’ perspectives of parental decision-making following diagnosis of a severe congenital anomaly: a qualitative study. BMJ Open 2017;7:e014716. doi:10.1136/ bmjopen-2016-014716
ARC’s view on ‘Ground E’ of the Abortion Act
Section 1 (1)(d) of the Abortion Act 1967 (commonly known as ‘Ground E’), which applies in England, Scotland and Wales, states that a pregnancy can be legally terminated if ‘two registered medical practitioners are of the opinion, formed in good faith—…that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.’
Because it was drafted over half a century ago the language of Ground E is outdated and insensitive. However, we know from our decades of experience of working with parents and clinicians that it is vital this law remains unchanged.
- The real value in ‘Ground E’ lies in the fact that the way it is drafted allows for a certain amount of flexibility.The fact that two doctors must decide in good faith that what is detected in pregnancy represents ‘substantial risk’ of ‘severe handicap’, (with neither term defined) allows for careful clinical judgment by clinicians on a case by case basis, without gestational limit, depending on all of the circumstances.
- From the close working relationships ARC has established and maintained with fetal medicine clinicians, we can attest to how seriously clinicians take their legal responsibilities, particularly in cases after 24 weeks’ pregnancy.ARC’s Director Jane Fisher is a public and patient voice member of the NHS England Clinical Reference Group for Specialised Women’s Services, the body that covers commissioning of fetal medicine services. ARC is regularly asked to speak at conferences and meetings for fetal medicine clinicians, including the British Maternal Fetal Medicine Society, the Fetal Medicine Foundation and the International Society for Prenatal Diagnosis.
- In the last decade, there have been developments in testing technologies that enable diagnoses of many conditions to take place well before the scheduling of the major fetal anomaly scan at around 20 weeks. However, it remains the case that a significant number of fetal anomalies are not detectable until the fetal anomaly mid-pregnancy scan, or later.When a baby is found not to be developing as expected at the ’20-week scan’ there will be further testing and monitoring offered, which will bring some parents very close to or beyond the 24-week limit for most abortions. If what are currently known as Ground E terminations were to be restricted beyond 24 weeks, it would put untenable pressure on parent decision-making and is likely to mean some will decide to end the pregnancy before awaiting more information, fearing that this option may be removed.
ARC believes that removing ‘Ground E’ would be detrimental to parents faced with any late fetal anomaly diagnosis. Some serious conditions, including those affecting fetal brain development, do not appear until the third trimester of pregnancy. We hear from parents on our helpline reeling from unexpected news after attending what they believed was a routine ultrasound at 28 weeks to check the position of the placenta or to confirm that their baby was within expected growth parameters. In some cases, further investigations, including magnetic resonance imaging, will reveal serious brain anomalies which are likely to have severe impact on the child’s quality of life if born.
- Some people believe that ‘Ground E’ is discriminatory to people living with disabilities. It is of course important that those who are in the world, living with disabilities, do not face discrimination and have access to the care and resources they need. Yet this principle can still be upheld while still retaining choice after prenatal diagnosis.Decisions women make after prenatal diagnosis, are not prejudicial against those living with disability, they are made within the context of their individual lives.It is important to say to anti-discriminatory legislation is applicable to born persons, not to the fetus or unborn baby.
Finally, the last word must go to three women ARC supported after post 24-week terminations after a prenatal diagnosis of fetal anomaly who gave permission for their quotes to be used anonymously in support of the law remaining unchanged.
Forcing us to make a decision before the full consequences of our daughter’s abnormalities had been discovered and had been explained by both our obstetrician and a paediatrician, seems quite frankly ridiculous and unnecessary. Due to abnormalities having varying degrees of severity, doctors rightly take time in exploring the particulars of each patient. I would hate to see medical professionals feeling pressured into providing answers to questions they might not have time to gather information on. Or parents being forced to make decisions without all the facts. It is a hard enough decision to make without any added time constraints.”
Our geneticist informed us that his life would have been short and painful, and similar babies have died in hospital within weeks of birth. To think that the choice to terminate the pregnancy might not have been open to me, and that I would have been forced by law to take the pregnancy to term, knowing what fate the baby would meet, is quite unthinkably cruel. Let alone the question of how I could possibly have managed emotionally to bear the situation for a further 16 weeks, I have another very young (healthy) child who needs my care and I dread to think how we could have coped with the pain and stress.”
Sitting in a room waiting to be called in to have an injection in your stomach to stop your baby’s heart is not something anyone does lightly or out of prejudice, it’s a decision made out of love. Giving birth to my son knowing I have saved him from pain holding him and saying goodbye to him, having all our friends and family at his funeral to say hello and goodbye to him is the only thing in this whole nightmare that gave me comfort.”
- Ending a wanted pregnancy after a prenatal diagnosis is a painful experience at any gestation and no expectant parent makes the decision lightly. From our 30 years’ experience at ARC it is our view that the law as it stands enables parents, in consultation with their clinical team, to make the best decisions they can for their family’s future. Restriction of the law would add distress to an already harrowing circumstance.
ARC’s View on Bereavement Care
From our long experience of working with parents who lose a baby due to a termination of pregnancy for fetal anomaly, we know how important it is that parents are supported with high-quality, individualised and well-coordinated care.
This means not only at the point at which the decision to end the pregnancy is taken, but also when choosing the termination method, memory making with the baby, taking decisions about a post mortem examination and histology, registering the baby’s birth and death, making choices about what happens to the baby’s body, and being discharged. It also means the availability of ongoing emotional support and support with any subsequent pregnancies.
In 2017, ARC partnered with a number of organisations to launch the National Bereavement Care Pathway (NBCP) for pregnancy and baby loss. It includes a specific set of guidelines for parents facing termination for fetal anomaly, which can be read here. ARC wants to see these adopted in all areas of the UK.
The nine NBCP bereavement care standards that appear below were launched for England during Baby Loss Awareness Week 2018. It is our belief that every NHS Trust should ensure the following:
- A parent-led bereavement care plan is in place for all families, providing continuity between settings and into any subsequent pregnancies.
- Bereavement care training is offered to staff who come into contact with bereaved parents, and staff are supported to access this training.
- All bereaved parents are informed about and, if requested, referred for emotional support and for specialist mental health support when needed.
- There is a bereavement lead in every healthcare setting where a pregnancy or baby loss may occur.
- Bereavement rooms are available and accessible in all hospitals.
- The preferences of all bereaved families are sought and all bereaved parents are offered informed choices about decisions relating to their care and the care of their babies.
- All bereaved parents are offered opportunities to make memories.
- A system is in place to clearly signal to all health care professionals and staff that a parent has experienced a bereavement to enable continuity of care.
- Healthcare staff are provided with, and can access, support and resources to deliver high quality bereavement care.
ARC will continue to champion these standards and are keen to see them adopted in all four countries of the UK | law |
https://www.tissuedonation.org.za/confidentiality/ | 2024-04-12T15:17:43 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296816024.45/warc/CC-MAIN-20240412132154-20240412162154-00575.warc.gz | 0.913281 | 141 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__182978789 | en | For privacy and legislative reasons, donors and recipients are not identified.
CTE collects personal information about the donor and next of kin to process the donation of tissue for the purpose of transplantation. CTE will not share this information outside of the CTE, TUT group, its employees or relevant associated service providers without consent of the next of kin.
Donor information is used for administrative, operational, audit, research, legal and record keeping purposes.CTE takes all reasonable steps necessary to secure the integrity of any personal information which it holds about the donor and next of kin and will safeguard it against unauthorised access or use.
The full confidentiality policy may be made available on request. | law |
https://www.happybank.com/Locations/FindUs/FindanOfficer?locpage=employee&emid=0cfdfc10-01af-4d22-b554-71f3cdf752b6 | 2020-01-26T21:53:13 | s3://commoncrawl/crawl-data/CC-MAIN-2020-05/segments/1579251690379.95/warc/CC-MAIN-20200126195918-20200126225918-00062.warc.gz | 0.982635 | 139 | CC-MAIN-2020-05 | webtext-fineweb__CC-MAIN-2020-05__0__26600995 | en | Chris has been a licensed, practicing attorney since 1991. During his 20 years in private practice, Chris spent the first 13 years in a litigation practice, and spent the next 7 years running his own estate planning, probate and probate litigation practice. In 2011, Chris entered the bank side of trust practice with Regions Bank, where he served as a Vice President and Sr. Trust Officer. Chris joined Happy State Bank in June 2014 to expand the bank’s trust practice into the Dallas-Fort Worth Metroplex. He received his B.A. in Political Science from Austin College in Sherman, Texas, and received his J.D. from Baylor University School of Law in Waco. | law |
http://rotondameadowsvillas.com/deed-restrictions | 2021-07-26T04:32:40 | s3://commoncrawl/crawl-data/CC-MAIN-2021-31/segments/1627046152000.25/warc/CC-MAIN-20210726031942-20210726061942-00011.warc.gz | 0.924031 | 10,825 | CC-MAIN-2021-31 | webtext-fineweb__CC-MAIN-2021-31__0__166140084 | en | RESTATMENT OF COVENANTS AND RESTRICTIONS FOR ROTONDA MEADOWS , ROTONDA VILLAS, AND A PORTION OF ROTONDA SPRINGS
THIS RESTATEMENT OF COVENANTS AND RESTRICTIONS FOR ROTONDA MEADOWS, ROTONDA VILLAS, AND A PORTION OF ROTONDA SPRINGS (“Declaration”) is adopted as of this 15th of December , 2005 by the ROTONDA MEADOWS/VILLAS Conservation Association, a Florida corporation not for profit (the “Association”).
WHEREAS, Cape Cave Corporation., (“Developer”) executed and recorded in the Official Records of Charlotte County, Florida at O.R. Book 342, Page 214, a Declaration of Restrictions with respect to the real property described therein and otherwise known as The Rotonda Meadows Subdivision (the “Meadows Declaration”) which was subsequently thereafter amended by one or more instruments: and
WHEREAS, the Rotonda Meadows Conservation Association, Inc. was the successor in interest to the Developer, with full right and authority to enforce the Meadows Declaration during its existence;
WHEREAS, Cape Cave Corporation (“Developer”) executed and thereafter recorded in the Official Records of Charlotte County, Florida at O.R. Book 389, Page 626, a Declaration of Restrictions with respect to the real property described therein and otherwise known as the Rotonda Villas Subdivision (the “Villas Declaration”) which was subsequently thereafter amended by one or more instruments, and;
WHEREAS, the Second Amended Declaration dated January 30, 1992 and recorded with respect to Rotonda Villas at O.R. Book 1198, Page 1304 of the Public Records of Charlotte County, Florida made certain lots in the subdivision known as Rotonda Springs, as hereinafter further described, subject to the Villas Declaration.
WHEREAS the Rotonda Villas Conservation Association, Inc. was the successor in interest to the Developer, with full right and authority to enforce the Villas Declaration during its existence;
WHEREAS pursuant to Articles of Merger dated May 31, 1993 the Rotonda Villas Conservation Association, Inc. and the Rotonda Meadows Conservation Association, Inc. were merged into a surviving entity known as the Rotonda Meadows/Villas Conservation Association, Inc.;
WHEREAS the Rotonda Meadows/Villas Conservation Association, Inc. (the “Association”) is the successor of the Developer and the aforenamed Corporations, with full right to enforce the Meadows Declaration and the Villas Declaration, and possessing the right to amend, alter or terminate the restrictions imposed by the Villas Declaration and the Meadows Declaration in accordance with the requirements of the aforesaid declarations and Chapter 720 Florida Statutes.
NOW THEREFORE, the Association hereby declares that the real property described herein shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth, and that all prior declarations of restrictions for Rotonda Meadows/Villas, and all prior amendments thereto and restatements thereof shall be superseded and restated in their entirety by this Declaration.
ARTICLE 1. DEFINITIONS:
The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings:
A. “Association” shall mean and refer to THE ROTONDA MEADOWS/VILLAS CONSERVATION ASSOCIATION, a Florida Corporation.
B. “Common Property” shall mean and refer to those areas of land shown on any recorded plat of the Subdivision but not limited to parks, ponds, lakes, canals and recreational areas, except that it shall not include (i) any platted Lot unless the Association is the owner thereof, and (ii) any property which has been dedicated to and accepted by any public authority or body.
C. “Declaration” means the Original Declaration as altered and restated in this Declaration.
D. “Developer” means Cape Cave Corporation, a Delaware corporation, and its successors and assigns.
E. “Dwelling” means each residential single family home or multifamily unit now or hereafter constructed within the Subdivision.
F. “Lot” shall mean and refer to any platted Lot shown upon any recorded map of the Subdivision with the exception of Common Property as heretofore defined.
G. “Member” shall mean and refer to all those Owners who are members of the Association as provided in Article 4, Section 1, hereof.
H. “Owner” shall mean and refer to the record owners, whether one or more persons or entities, of the fee simple title to any Lot or Unit except that the term Owner shall not mean or refer to a mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
I. “Property” shall mean all property subject to this Declaration.
J. “Structure” shall mean any construction not otherwise specifically described and includes, but is not limited to, parts and additions to buildings, cisterns, walls, fences and other enclosures, television and other antennas, walks, driveways, parking areas, seawalls, docks and boat landing platforms.
K. “Vehicle” includes, but is not limited to, all automobiles, pick-up trucks, vans, sport utility vehicles (SUV), trucks, tractor-trailer rigs, motor homes, trailer homes, campers, trailers, boats, motorcycles, all terrain vehicles (ATV), golf carts, recreational vehicles and all other types of transportation devices that may be defined as vehicles in the discretion of the Association and without regard to any other definition established by any government authority or the manufacturer.
L. “Driveway” shall mean a paved concrete surface that provides continuous access to a garage.
M. “Subdivision” means all property subject to this Declaration under Article 3 hereof.
N. “Unit” shall mean any and all multifamily housing units now or hereafter located within the Subdivision including but not limited to duplex, triplex, condominium or other multi-family units.
O. “Number and Gender”. Whenever in this Declaration the context so requires, the singular number shall include the plural, and the converse; and the use of any gender shall be deemed to include both genders.
ARTICLE 2. DECLARATION PURPOSE
Section 1. Purpose: The purpose of these Declarations and Architectural Review is to produce an orderly and desirable community and to protect and enhance property values in the Subdivision.
Section 2. The Association: Every owner of property in the Subdivision is placed on notice that there is in existence a corporation known as “The Rotonda Meadows/Villas Conservation Association, a Florida Corporation”. All owners shall become a member of the Association upon purchasing a Lot or Unit in the Subdivision, and shall be bound by the provisions of the Articles of Incorporation, the By-Laws of said Association, and these Declarations, as amended from time to time and recorded in the Public Records of Charlotte County, Florida.
Section 3. Amendments. This Declaration may at any time be amended, altered or terminated in whole or in part in the manner hereafter set forth:
a. Every such amendment, alteration or termination shall be submitted to a vote of the Members at meeting thereof held upon not less than 45 nor more than 90 days prior written notice of such meeting and the purpose thereof to each such Member;
b. Such amendment, alteration or termination shall not be approved unless authorized by not less than two thirds of the votes cast at such meeting;
c. Such amendment, alteration, or termination shall become effective when so approved upon the same being recorded in the Public Records of Charlotte County, Florida;
d. The voting provisions contained in this amendment procedure shall apply only to the voting procedure to amend the Declaration and all other voting rights of members shall be determined as provided in the Articles of Incorporation and Bylaws of the Association.
Section 4. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by, and bind the Association and the Owners and their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless otherwise determined by a vote of the Members.
Section 5. Notices. Any notice required to be sent to any Member or Owner under the provisions of the Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.
Section 6. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.
ARTICLE 3. PROPERTY SUBJECT TO THIS DECLARATION
The real property and all improvements thereto which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Charlotte County, Florida, and is more particularly described as follows:
All of that property described in the Plat of Rotonda Meadows recorded at Plat Book ___ pages _____ through ____ of the Official Records of Charlotte County Florida.
All of that property described in the Plat of Rotonda Villas recorded at Plat Book ___ pages _____ through ____ of the Official Records of Charlotte County Florida.
Block 40, Lots 1 through 64, inclusive; Block 41, Lots 1 through 22, inclusive; Block 42, Lots 1 through 127 inclusive; Tract 10 (park); Block 43, Lots 1 through 46, inclusive; Block 44, Lots 1 through 28, inclusive; Block 45, Lots 1 through 4, inclusive; and Tract 11; Block 46, Lots 1 through 20, inclusive, together with all street and road rights-of-way and greenways and drainage areas abutting the above, all in that certain subdivision known as Rotonda Springs as recorded in Plat Book 12, pages 5-A through 5-Z-70, Public Records of Charlotte County, Florida.
ARTICLE 4. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION:
Section 1. Membership. Every Owner shall be a Member of the Association.
Section 2. Voting Rights. Except as otherwise provided herein Voting Rights in the Association shall be governed and controlled pursuant to the terms and provisions of the Articles of Incorporation and Bylaws of the Association as modified and amended from time to time.
ARTICLE 5. PROPERTY RIGHTS IN THE COMMON PROPERTY:
Section 1. Member’s Easements of Enjoyment. Subject to the provisions of Section 3, every Member shall have a right and easement of enjoyment in and to the Common Property and such easement shall be appurtenant to and shall pass with the title to every Lot.
Section 2. Title to Common Property. In accordance with the provisions of the Original Declaration and the Supplemental Declaration, the Developer has conveyed title to the Common Property to the Association.
Section 3. Extent of Members’ Easements. The rights and easements of’ enjoyment created hereby shall be subject to the following:
a. The right of the Association to borrow money for the purpose of improving the Common Property and in aid thereof to mortgage said property;
b. The right of the Association to take such steps are reasonably necessary to protect the Common Property against foreclosure;
c. The right of the Association to suspend the enjoyment of the rights of any Member in and to the Common Property for any period during which any assessment remains unpaid, and for any infraction of the Association’s published rules and regulations, and
d. The right of the Association to charge reasonable admission and other fees for the use of the Common Property; and
e. The right of the Association, subject to the requirements of this declaration and the bylaws of the Association, to dedicate or transfer all of any part of the Common Property to any public agency or authority or any utility (public or private) for such purposes and subject to such conditions as it may determine.
f. The right of the Association to formulate, publish, impose, and enforce regulations for the use and enjoyment of the Common Property, which regulations may restrict the use of common areas, including but not limited to, use of the waterways, restrictions on watering from any common waterway, etc.
ARTICLE 6. CONVENANT FOR ASSESSMENTS:
Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner by acquiring any ownership interest in a Lot or Unit hereby covenants and agrees to pay to the Association (1) annual assessments and associated charges; and (2) special assessments as such annual and special assessments may be fixed, established, and collected by the Board of Directors of the Association. The annual and special assessments, together with such fees and interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the Lot or Unit subject thereto and shall be a continuing lien upon each Lot or Unit against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the Owner of each Lot or Unit at the time the assessment is imposed.
Section 2. Enforcement. The Association may bring a legal action against any Owner personally obligated to pay any delinquent assessment and/or may enforce or foreclose the Association’s lien against any Lot or Unit for the full amount of the assessment together with interest thereon, and any late fees impounded as provided herein. The defaulting Owner shall be responsible for all actual costs, disbursements and expenses incurred by the Association in collecting the delinquent assessment and interest thereon as provided herein, including reasonable attorney’s fees and costs, whether or not litigation is commenced and including appellate fees and costs. In the event that a judgment against the defaulting Owner is obtained, the amount of the judgment shall include accrued interest on the assessment, applicable late fees, and a sum, to be fixed by the court, to reimburse the Association for all costs, disbursements and expenses (including, without limitation, reasonable attorney’s fees, including appellate attorney’s fees and costs) incurred by the Association in connection with said action.
Section 3. Purpose of Assessments. The assessments levied by the Association shall be used for the purpose of maintaining the Subdivision, protecting and promoting the recreation, health, safety, and welfare of the residents and the property located in the Subdivision, enforcement of the provisions and restrictions of this declaration, and for the improvement and maintenance of the property, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Property and of the residences situated upon The Owner’s Lots, including, but not limited to, the payment of taxes and insurance thereon, repair, replacement, and additions thereto, the cost of labor, equipment, materials, management, and supervision, the enforcement of these restrictions and all other uses consistent with these restrictions and the Articles of Incorporation and the Bylaws of the Association.
Section 4. Special Assessments for Capital Improvements. In addition to annual assessments, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a described capital improvement upon the Common Property, including the necessary fixtures and personal property related thereto, provided that any such assessment shall be approved by a majority of the votes cast at an annual or special meeting of the Members of the Association as required by this Declaration and the other governing documents of the Association.
Section 5. Increases in Assessments. The Association shall not increase the amount of the annual assessment in any year by more than eighteen percent (18%) over the amount of the annual assessment for the prior year without such increase first being approved by a majority of the votes cast at an annual or special meeting of the Members.
Section 6. Interest and Late Fees. Interest and late fees shall accrue with respect to delinquent assessments in the manner determined from time to time by the Board of Directors of the Association.
Section 7. Effective Date of Lien and Certificate of Payment. Every such lien for unpaid assessment, as between the Association on the one hand and the Owner and any grantee of such Owner on the other hand, shall attach to the Lot and improvements against which the delinquent assessment was made as of the date such assessment became due and payable, provided, however that all such liens shall be subordinate to the lien of an Institutional Mortgagee recorded prior to the time of recording or the claim of lien of the Association pursuant to this Section. Upon request, the Association shall furnish any Owner or mortgagee with a certificate setting forth whether the above described assessments have been paid and showing the amount of any unpaid assessments against the applicable Lot and the period or periods for which any such unpaid maintenance assessments were assessed and fixed. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 8. . Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein: (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use (b) all Common Property; and (c) any lot that is not accessible by a paved road, not serviced by public infrastructure, and not eligible for improvements under existing state or county regulations (hereafter “Undevelopable Lot”). Nothing herein shall affect the voting rights of the owners of Undevelopable Lots. All Undevelopable Lots shall remain subject to the use and other restrictions of the Declaration.
Section 9. fees and Charges. The Association shall have the authority to impose and collect reasonable fees or charges for information, documentation or services for the benefit of any Owner or the Association, and for administrative expenses incurred in connection with the transfer of a Lot in the Subdivision.
ARTICLE 7. ARCHITECTURAL REVIEW
Section 1. Members of Committee. The Design Review Board shall consist of three (3) members appointed by the Board of Directors and shall hold office until such time as such person has resigned or has been removed or a successor has been appointed, as provided herein. Members of the Design Review Board may be removed at any time without cause. The Board of Directors shall have the right to appoint and remove all members of the Design Review Board. The Design Review Board may include members of the Board of Directors.
Section 2. Purpose and Function of Design Review Board. The purpose and function of the Design Review Board shall be to (a) create, establish, develop, foster, maintain, preserve and protect within the Subdivision a unique, pleasant, attractive and harmonious physical environment, and (b) review, approve and control the design of any and all buildings, structures, signs and other improvements of any kind, nature or description, including landscaping, to be constructed or installed upon all Properties and all Common Area within the Subdivision. Neither the Design Review Board, or any of its members, shall have any liability or obligation to any person or party whomsoever or whatsoever to check every detail of any plans and specifications or other materials submitted to and approved by it or to inspect any Improvements constructed upon Properties or Common Area to assure compliance with any plans and specifications approved by it or to assure compliance with the provisions of the Design Review Manual, if any, for the Subdivision or this Declaration.
Section 3. All Improvements Subject to Approval. No buildings, structures, walls, fences, pools, patios, paving, driveways, sidewalks, signs, landscaping, planting, irrigation, landscape device or object, or other Improvements of any kind, nature or description, whether purely decorative, functional or otherwise, shall be commenced, constructed, erected, made, placed, installed or maintained upon any of the Properties or Common Area, nor shall any change or addition to or alteration or remodeling of the exterior of any previously approved buildings, structures, or other Improvements of any kind, including, without limitation, the painting of the same (other than painting, with the same color and type of paint which previously existed) shall be made or undertaken upon any Lot or Common Area except in compliance and conformance with and pursuant to a complete and fully descriptive set of plans and specifications therefor which shall first have been submitted to and reviewed and approved in writing by the Design Review Board.
Section 4. Standards for Review and Approval. Any such review by and approval or disapproval of the Design Review Board shall take into account the objects and purposes of this Declaration and the purposes and function of the Design Review Board. Such review by and approval of the Design Review Board shall also take into account and include the type, kind, nature, design, style, shape, size, height, width, length, scale, color, quality, quantity, texture and materials of the proposed building, structure or other Improvement under review, both in its entirety and as to its individual or component parts, in relation to its compatibility and harmony with other, contiguous, adjacent and nearby structures and other Improvements and in relation to the topography and other physical characteristics of its proposed location and in relation to the character of the Subdivision community in general. The Design Review Board shall have the right to refuse to give its approval to the design, placement, construction, erection or installation of any Improvement on Properties or Common Area which it, in its sole and absolute discretion, deems to be unsuitable, unacceptable or inappropriate for the Subdivision.
Section 5. Design Standards and Design Review Manual for the Subdivision. The Design Review Board may develop, adopt, promulgate, publish and make available to all Owners and others who may be interested, either directly or through the Association, at a reasonable charge, and may from time to time change, modify and amend, a manual or manuals setting forth detailed architectural and landscape design standards, specifications and criteria to be used by the Design Review Board as a guide or standard for determining compliance with this Declaration and the acceptability of those components of development, construction and improvement of any Properties or Common Area requiring review and approval by the Design Review Board. Any such single Design Review Manual or separate Architectural Design Standards Manual and separate Landscape Design Standards Manual may include a detailed interpretation or explanation of acceptable standards, specifications and criteria for a number of typical design elements, including, without limitation, site planning, architectural design, building materials, building construction, landscaping, irrigation, and such other design elements as the Design Review Board shall, in its discretion, determine. Such Design Review Manual, if created by the Design Review Board shall be used by the Design Review Board and other affected persons only as a guide and shall not be binding upon the Design Review Board in connection with the exercise of its review and approval functions and ultimate approval or refusal to approve plans and specifications submitted to it pursuant to this Declaration.
Section 6. Procedure for Design Review. The Design Review Board may develop, adopt, promulgate, publish and make available to all Owners, their architects and contractors and others who may be interested, either directly or through the Association, at a reasonable charge, and either included within or separate and apart from the Design Review Manual, reasonable and practical rules and regulations governing the submission of plans and specifications to the Design Review Board for its review and approval. Unless such rules and regulations are complied with in connection with the submission of plans and specifications requiring review and approval by the Design Review Board, plans and specifications shall not be deemed to have been submitted to the Design Review Board. Additionally, the Design Review Board shall be entitled, in its discretion, to establish, determine, charge and assess a reasonable fee in connection with and for its review, consideration and approval of plans and specifications pursuant to this Article, taking into consideration actual costs and expenses incurred during the review process, including the fees of professional consultants, if any, to and members of the Design Review Board, as well as taking into account the costs and expenses associated with the development, formulation and publication of any Design Review Manual adopted by the Design Review Board pursuant to this Declaration.
Section 7. Duration of Approval. Any approval of plans, specifications and other materials, whether by the Design Review Board, or the Board of Directors of the Association following appeal, shall be effective for a period of one (1) year from the effective date of such approval. If construction or installation of the building, structure or other Improvement for which plans, specifications and other materials have been approved, has not commenced within said one (1) year period, such approval shall expire, and no construction shall thereafter commence without a resubmission and approval of the plans, specifications and other materials previously approved. The prior approval shall not be binding upon the Design Review Board on resubmission in any respect.
Section 8. Inspection of Construction. Any member of the Design Review Board or any officer, director, employee or agent of the Association may, but shall not be obligated to, at any reasonable time, enter upon, without being deemed guilty of trespass, any Properties or Common Area and any building, structure or other Improvement located thereon, in order to inspect any building, structure or other Improvement constructed, erected or installed or then being constructed, erected or installed thereon in order to ascertain and determine whether or not any such building, structure or other Improvement has been or is being constructed, erected, made, placed or installed in compliance with this Declaration and the plans, specifications and other materials approved by the Design Review Board.
Section 9. Evidence of Compliance. Upon a request therefor from, and at the expense of, any Owner upon whose Lot the construction, erection, placement or installation of any building, structure or other Improvement has been completed or is in the process, the Design Review Board shall cause an inspection of such Lot and the Improvements then located thereon to be undertaken within thirty (30) days, and if such inspection reveals that the buildings, structures or other Improvements located on such Lot are in compliance with plans, specifications and other materials approved by the Design Review Board, the Design Review Board shall direct the Association through its President, Secretary or other officer of the Association thereunto duly authorized, upon the payment by the requesting Owner of a reasonable fee approximating the actual costs associated with such inspection and the preparation of such notice, to provide to such Owner a written statement of such compliance in recordable form. Such written statement of compliance shall be conclusive evidence of compliance of the inspected Improvements with the provisions of this Article as of the date of such inspection.
Section 10. Interior Alterations Exempt. Nothing contained in this Article shall be construed so as to require the submission to or approval of the Design Review Board of any plans, specifications or other materials for the reconstruction or alteration of the interior of any building, structure or other Improvement constructed on Properties or Common Area after having been previously approved by the Design Review Board, unless any proposed interior construction or alteration will have the effect of changing or altering the exterior appearance of such building, structure or other Improvement.
Section 11. Exculpation for Approval or Disapproval of Plans. The Design Review Board and any and all officers, directors, employees, agents and members of the Association, shall not, either jointly or severally, be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever or whatsoever by reason or on account of any decision, approval or disapproval of any plans, specifications or other materials required to be submitted for review and approval pursuant to the provisions of this Article, or for any mistake in judgment, negligence, misfeasance or nonfeasance related to or in connection with any such decision, approval or disapproval. Each person who shall submit plans, specifications or other materials to the Design Review Board for consent or approval pursuant to the provisions of this Article, by the submission thereof, and each Owner by acquiring title to any Lot or any interest therein, shall be deemed to have agreed that he or it shall not be entitled to and shall not bring any action, proceeding or suit against the Design Review Board, the Association nor any individual member, officer, director, employee or agent of any of them for the purpose of recovering any such damages or other relief on account of any such decision, approval or disapproval. Additionally, plans, specifications and other materials submitted to and approved by the Design Review Board, or the Board of Directors of the Association on appeal, shall be reviewed and approved only as to their compliance with the provisions of this Declaration and their acceptability of design, style, materials, appearance and location in light of the standards for review and approval specified in this Declaration and the Design Review Manual, and shall not be reviewed or approved for their compliance with any applicable Governmental Regulations, including, without limitation, any applicable building or zoning laws, ordinances, rules or regulations. By the approval of any such plans, specifications or materials, neither the Design Review Board, the Association, nor any individual member, officer, director, employee or agent of any of them, shall assume or incur any liability or responsibility whatsoever for any violation of Governmental Regulations or any defect in the design or construction of any building, structure or other Improvement, constructed, erected, placed or installed pursuant to or in accordance with any such plans, specifications or other materials approved pursuant to this Article.
ARTICLE 8. GOVERNMENTAL RULES AND REGULATIONS:
Section 1. Compliance. In addition to this Declaration, property usage shall conform to all Ordinances, Rules and Regulations of every governmental entity with jurisdiction over the Property as they may be amended from time to time.
Section 2. Permitted Uses. Each single family home or residential multi family unit shall be used as a home and for no other purpose, excluding builder’s models and speculation homes. No business or commercial activity shall be conducted in or from any home including but not limited to visitation of the home by clients, customers, suppliers or other business invitees, or door-to-door solicitation of residents.
Section 3. Exceptions. This restriction shall not be construed to prohibit any Owner from maintaining a personal or professional library in his home, from keeping his personal business or professional records in his home, from handling his personal, business or professional telephone calls or written correspondence in and from his home, or conducting a “no impact” home based business in and from his home. Such uses are expressly declared customarily incident to residential use. Examples of businesses which are prohibited and are considered “impact” businesses are businesses or commercial activity or ventures that result in vehicular traffic to and from the home, parking at the home, create noise audible from outside the home, or generate fumes or odors noticeable outside the home, including but not limited to, a home day care, beauty salon/barber, and animal breeding.
Section 4. Non-Conforming Activities. Any party in violation of this Article VIII on the date this Declaration is recorded in the Public Record shall be granted ninety (90) days from the date of recording in which to eliminate the violation, an shall thereafter be subject to enforcement action shall be commenced.
Section 5. Residential Leases. Nothing in this article shall limit the ability of an Owner to rent a Dwelling in accordance with the following limitations. The minimum term of all residential rentals in the Subdivision shall be thirty (30) days. Residential rentals shall be limited to no more than two (2) occupants per bedroom in the Dwelling rented. Notwithstanding the foregoing, adult living facilities, congregate living facilities, group homes, halfway houses, and similar uses are prohibited. Each Owner shall be responsible for any violation of this by a tenant occupying the rented Dwelling.
ARTICLE 9 – USE RESTRICTIONS
Section 1. Single Family Residential Use. In all residential single-family zoned areas of the Subdivision, no more than one detached, singlefamily dwelling may be constructed on any Lot, except that more than one Lot may be used for one dwelling, in which event, all restrictions set forth in this Declaration shall apply to such Lots as if they were a single Lot, subject to the easements indicated on the plat of the Subdivision and established herein.
Section 2. Structures. No residence or Structure, of any kind, shall be erected nearer than permitted by the setback lines shown on the Plat. Above ground swimming pools are prohibited.
Section 3. Square Footage and Garages. All residential structures hereafter constructed within the Subdivision shall comply with the following requirements:
(a) Single Family. All single family residences shall have no less than one thousand six hundred (1,600) square feet of enclosed air conditioned living area. All single-family residences shall have an attached two car, or larger, fully enclosed garage with at least four hundred (400) square feet of enclosed interior space, and either a minimum sixteen (16) foot wide overhead garage door; or two (2) eight (8) foot wide overhead garage doors.
(b) Duplex. Residential duplex units shall have no less than one thousand two hundred fifty (1,250) square feet of enclosed air conditioned living area per unit. Each duplex unit shall have a one car, or more, fully enclosed garage, with at least two hundred (200) square feet of enclosed interior space with a minimum eight (8) foot wide overhead garage door. Tandem parking space layouts in multi-family development are prohibited.
(c) Multifamily. Residential multi-family zoned buildings with three (3) or more units shall have no less than one thousand one hundred (1,100) square feet of enclosed air conditioned living space per unit. Each multi-family unit shall have a one car, or more, fully enclosed garage with no less than two hundred (200) square feet of enclosed area, with a minimum eight (8) foot wide overhead garage door. Tandem parking space layouts in multi-family development are prohibited.
(e) No carports of any type shall be allowed on any residential single or multi-family zoned property.
Section 4. Commercial Property. Commercial Property: All commercial and industrially zoned properties within the Subdivision shall conform to the zoning requirements of Charlotte County, Florida. In addition to, and without limiting the use restrictions and architectural control provisions of this Declaration, the Association may, in its absolute discretion, require certain site screening and noise barriers and other similar measures to protect neighboring properties from commercial and industrial uses.
Section 5. Accessory Structures. Other than a residential dwelling and its attached garage, no detached garage, barn, shed, utility structure or other unattached building shall, at any time, be erected or used on any Lot, temporarily or permanently, whether as a residence or for any other purpose. Any such structure existing on the date this Declaration is recorded in the public records (hereafter “Non-Conforming Structure”) shall be permitted to remain, subject to the maintenance and other provisions of this Declaration, but shall not be enlarged, enhanced, improved, or relocated. Each Non-Conforming Structure shall be completely removed upon the earlier of (a) the sale of the Lot on which it is located; or (b) its destruction or damage to the extent of fifty percent (50%) of replacement cost, or greater.
Section 6. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that cats, dogs, and other customary household pets may be kept provided they are not kept, bred, or maintained for any commercial purpose; provided further that no person owning or in custody of a dog shall allow the dog to stray or go upon another Lot without the consent of the Owner of such Lot; and provided further that no more than a total of two (2) animals may be kept in or about any Dwelling. Each dog or cat must be on a leash and in full physical control by the Owner or Owner’s family member at all times when the dog or cat is outside of the Owner’s Dwelling. All excretions shall be immediately removed by the owner or caretaker of the pet from the Property, placed in a sealed container and deposited in the Owner’s solid waste container. The ability to keep pets is a privilege, not a right, and the Association may order and enforce the removal of any pet that, in its determination, for any reason becomes a source of annoyance to other residents or endangers the health, safety and welfare of resident. Commercial or similar activities involving pets, including but not limited to breeding for sale, is prohibited in the single or multi family zoned areas of the Subdivision. All pets shall be licensed by the appropriate State or local authorities.
Section 7. Fences, Walls and Hedges. Construction or planting of any fence, wall or hedge (hereafter “Fence”) of any height in any location must be approved by the Design Review Board in accordance with Article 7 of this Declaration, and is further subject to the following additional requirements:
(a) No Fence over four (4) feet in height shall be erected on any Lot between the rear lot line and the rear of the structure. No Fence over six (6) feet in height shall be erected in any location.. No Fence shall extend toward the street, past the front of the structure.
(b) Any Fence in place as of the date this Declaration is first recorded in the public records that does not comply with the foregoing requirements shall be permitted to remain, subject to the maintenance and other provisions hereof, but shall not be enlarged, enhanced, improved, or relocated; and shall be completely removed upon the earlier of (a) the sale of the Lot on which it is located; or (b) its destruction or damage to the extent of fifty percent (50%) of replacement cost, or greater
(c) No existing fence or wall may be modified, altered, relocated or replaced without written approval from the Association.
Section 8. Vehicles. Automobiles, pick-up trucks, SUV’s, vans, motorcycles and privately owned commercial vehicles less than 3/4 ton must be parked either on a driveway or in a fully enclosed garage. All other vehicles must be parked in a fully enclosed garage. The Association may adopt guidelines from time to time defining which other vehicles may be parked on a driveway. No vehicle may be parked on any lawn, road right of way, easement or vacant lot, except on a temporary basis, not to exceed 12 hours, and only for the necessary construction, repair or maintenance of an improved or vacant lot. Un-licensed and inoperable vehicles must be stored in a garage. Any vehicle repair and maintenance exceeding 3 hours in length must take place in a garage. No vehicle may be used as a domicile or residence even on a temporary basis. No recreational vehicle may be parked outside of a fully enclosed garage without the issuance of a pass from the Association, which will not be issued to allow such parking for more than seven (7) days. The Association will adopt guidelines for the issuance of recreational vehicle parking pass
Section 9. Storage. No Lot shall be used for the storage of rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers properly concealed from public view.
Section 10. Clothes Hanging and Drying. All outdoor clothes hanging and drying activities shall be done in a manner so as not to be visible from any street or any adjacent or abutting property and are hereby restricted to the areas between the rear dwelling line and the rear yard line and, in the cases of Lots bordering a side street, to that portion of the aforedescribed area which is not between the side street and the side dwelling line. All clothes poles shall be capable of being lifted and removed by one (1) person in one (1) minute’s time and shall be removed by the Owner when not in actual use for clothes drying purposes.
Section 11. Antennas and Roof Structures. No television, radio, or other electronic towers, aerials, antennas, satellite dishes or devises of any type for the reception or transmission of radio or television broadcasts or other means of communication shall hereafter be erected, constructed, placed or permitted to remain on any Lot or upon any improvements thereon, except that this prohibition shall not apply to those antennas specifically covered by 47 C.F.R. Part 1, Subpart S, Section 1.4000 (or any successor provision) promulgated under the Telecommunications Act of 1996, as amended from time to time. The Association shall be empowered to adopt rules governing the types of antennas that are permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to safety, location and maintenance of antennas.
To the extent that reception of an acceptable signal would not be impaired, an antenna permissible pursuant to rules of the Association may only be installed in a side or rear yard location, not visible from the street or neighboring property, and integrated with the dwelling and surrounding landscape. Antennas shall be installed in compliance with all state and local laws and regulations, including zoning, land use, and building regulations.
Section 12 Tree Removal. Trees shall not be removed from any Lot by any person or Lot Owner without first procuring a tree removal permit from Charlotte County, Florida.
Section 13. Lot and Dwelling Upkeep. All property with completed structures thereon shall, as a minimum, be obligated to have the grass regularly cut and irrigated, trees maintained, including any street trees and all trash and debris removed. This obligation shall include the right of way or tract area lying between the Owner’s Lot line and the pavement of the street. The Owner of each Lot shall maintain the Dwelling located thereon in good repair, including, but not limited to the exterior paint and appearance of the Dwelling. No Owner may change the original color of the exterior of his Dwelling without the prior written consent of the Design Review Board. If an Owner of a Lot fails, in the Board’s sole discretion, to maintain their Lot or Dwelling, or the right of way or tract area as required herein, the Board, after giving such Owner at least ten (10) days written notice, is hereby authorized, but shall not be hereby obligated, to maintain that Lot, Dwelling or right of way or tract area and said Owners shall reimburse Association for actual costs incurred therewith, and all of which shall become a lien until paid in full.
Section 14. Window Treatments. No newspaper, aluminum foil, reflective film, nor any other material, other than usual and customary window treatments, shall be placed over the windows of any Dwelling.
Section 15. Signs. No sign, billboard or advertising of any kind (including on motor vehicles, vessels, or conveyances) shall be displayed to public view anywhere within the Subdivision without the prior written approval of the Association, which may establish guidelines, in its sole and absolute discretion, for the display of all forms of signage (including signs on motor vehicles) within the Subdivision.
Section 16. Prohibition of Certain Activities. No damage to, or waste of, the Common Property or any part thereof, shall be committed by any Owner or any tenant or invitee of any Owner. No activity which in the sole and absolute discretion of the Association is noxious, destructive, offensive, or disturbing to the peaceful and harmonious character of the community shall be permitted on or in the Common Property, or the Lots, or any part thereof, nor shall anything be done thereon which may be or may become an unreasonable annoyance or nuisance to any other Owner. No Owner may maintain, treat, landscape, sod, or place or erect any improvement or structure of any kind on the Common Property without the prior written approval of the Board of Directors.
Section 17. Rules and Regulations. No Owner or other permitted user shall violate the reasonable Rules and Regulations for the use of the Common Property, as the same are from time to time adopted by the Board.
Section 18. Flags and Flagpoles. An Owner may display only one removable and portable United States flag and one other flag on the Owner’s Dwelling, provided the flags are displayed in a respectful way. All flag displays shall be subject to reasonable standards for size, placement, and safety, as adopted by the Association, consistent with Title 36 U.S.C. Chapter 10, Chapter 720, Florida Statutes and any applicable local ordinance.
Section 19. Above Ground Tanks Prohibited. The placement or maintaining on a Lot of any and all kinds of above ground fuel tanks is strictly prohibited. This prohibition shall include, but not be limited to, fuel tanks of gas, kerosene, diesel fuel, propane or similar fuels, but shall exclude small attachable tanks for gas grills. In ground tanks may be installed on a Lot provided the tank is permitted by local, state or federal regulations and is installed and maintained in accordance with such regulations. A permit for such in ground tank must be received from the Association. The Association may establish rules and regulations for the installation and maintenance of in ground tanks.
Section 20. Waterways. When a Lot which borders a lake, pond or canal or other body of water located within the boundaries of the Subdivision (“Waterway”) is improved with any structure, the Owner shall finish grade, sod and mow the area between any property line and the water’s edge. The finished grade shall be in compliance with the Association’s guidelines which may be adopted or revised from time to time, and shall be subject to the Association’s approval as to all matters including change in elevation.
The Association shall have the right, but not the obligation, to maintain all areas which lie between an Owner’s lot line and the edge of all Waterways. No Owner shall improve, other than finish grading, and sodding, the Waterway bank area with any other improvements without the written approval from the Association and no improvement shall be permitted which shall inhibit or prevent the Association from discharging its responsibilities to maintain the Waterway area.
The Association reserves the right to remove, at Owners expense, any improvement which lies within the Waterway easement area and, in the sole judgment of the Association, inhibits or prevents the Association from discharging its right and responsibility to maintain the Waterway area.
No vessel powered by any type of internal combustion engine shall be operated on any of the waterways.
Section 21. Boat Docks – Landing Platforms. Boat docks and boat landing platforms without cover shall be permitted provided the construction specifications are approved by the Association in accordance with Article 7 above, and provided that no improvements shall be permitted to extend more than four (4) feet from waters edge or more than ten percent (10%) of the width of the water body, whichever is less. Waters edge shall be measured at a water level of 3.0 feet above mean sea level. No structure or mooring shall be placed within fifteen (15) feet from each extended side lot line. Docks and Landing platforms shall not exceed a maximum length (along the bank) of sixteen (16) feet and a width of eight (8) feet including that portion extending over the waters edge.
ARTICLE 10. CONFLICT – INCONSISTENCY:
In the event of any conflict, inconsistency, or incongruity between the provisions of this Declaration and any provisions of the prior recorded Declaration, as heretofore amended, the provisions of this Declaration shall in all respects govern and control.
ARTICLE 11. COMPLIANCE:
Every owner, tenant and occupant shall comply with this Declaration as set forth herein and any and all changes from time to time that may be made by the Association.
ARTICLE 12. ENFORCEMENT:
Section 1. Enforcement. Failure of a member to comply with this Declaration shall be grounds for immediate action which may include without limitation, an action to recover sums due for damages, injunctive relief, imposition of fines, foreclosure of liens, or any combination thereof or other relief at law or in equity, and for recovery without limitation of all reasonable attorney’s fees, costs and expenses expended by the Association, for pre-suit, trial and appellate level proceedings, post judgment enforcement, and any other matters in connection with enforcement of this Declaration, the By Laws, and all rules and regulations of the Association, including, but not limited to, rules adopted by the Design Review Board including appellate fees and costs.
Section 2. Fines. In addition to all other remedies, a fine of up to $100.00 per day may be imposed on a Member, in accordance with the requirements of Chapter 720, Florida Statutes.
ARTICLE 13. SUBORDINATION OF THE LIEN:
The lien of the Assessments provided for in this Declaration shall be a lien superior to all other liens save and except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, and secure indebtedness to an institutional lender. In the event that any mortgage in favor of an institutional lender (which mortgage encumbers all or part of a lot or unit and was recorded prior to recordation by the applicable Association of a claim of lien) is foreclosed or title is transferred to said institutional lender by a deed in lieu of foreclosure, any purchaser at a foreclosure sale or the lender or its nominee through a deed in lieu or foreclosure, any purchaser at a foreclosure sale or the lender or its nominee through a deed in lieu or foreclosure, and all persons claiming by, through or under such purchaser or mortgagee, shall not be liable for the payment of a prior Assessment , amounts, charges, costs, interest, fees or fine but shall hold title subject to the liability and lien of any Assessment coming due after such foreclosure, or transfer or title pursuant to a deed in lieu of foreclosure.
In any case not herein otherwise specifically provided for, where the Association shall be required, for the safety and betterment of the members hereof. The Association shall be allowed to expend money to correct any violation of this Declaration upon the failure or refusal of any owner whose duty it is hereunder to do, such expenditure shall be a charge against the lot or lots of such owner, and the Association may pursue such appropriate legal remedies, including the right to file a Lien to collect such expenditure.
ROTONDA MEADOWS/VILLAS CONSERVATION ASSOCIATION, INC.,
_____________________________ a Florida corporation not-for-profit
_____________________________ Noel Andress, President
STATE OF FLORIDA
COUNTY OF CHARLOTTE
The foregoing instrument was acknowledged before me this ______ day of _________, 20_____ by Noel Andress as President of ROTONDA MEADOWS/VILLAS CONSERVATION ASSOCIATION, INC., a Florida corporation not-for-profit who ( ) is personally known to me or who ( ) has produced ______________________ as identification.
(SEAL) Notary Public-State of Florida
I, Kendall Leach as Secretary of ROTONDA MEADOWS/VILLAS CONSERVATION ASSOCIATION, INC., a Florida corporation not-for-profit (the “Association”), hereby attest and certify that the foregoing RESTATEMENT OF COVENANTS AND RESTRICTIONS FOR ROTONDA MEADOWS/VILLAS was considered at a duly noticed meeting of the Association convened on the _____ day of ______ 20___, and was formally adopted by a vote of no less than two-thirds (2/3) of the votes entitled to be cast at that meeting.
Kendall Leach, Secretary | law |
https://hst.edu/theme-2017-2018/ | 2020-08-08T00:19:31 | s3://commoncrawl/crawl-data/CC-MAIN-2020-34/segments/1596439737233.51/warc/CC-MAIN-20200807231820-20200808021820-00171.warc.gz | 0.955732 | 1,009 | CC-MAIN-2020-34 | webtext-fineweb__CC-MAIN-2020-34__0__43085204 | en | 2017-2018: The Law of the Lord
Blessed is the man who does not walk in the counsel of the wicked,
stand in the path of sinners, or sit in the seat of scoffers;
rather, his delight is in the law of the Lord,
and he meditates on His law day and night.
Thus begins the book of Psalms with this observation about a blessed life, a life dedicated to the study of the law of the Lord. In the next verse, the psalmist claims that the law is a source of life, comparing the one who abides in God’s law to a strong and fruitful tree whose leaf does not wither. The law has not always been characterized in such glowing terms. In my experience in Christian churches, it is often thought of as a burden from which Christ has set us free. Without denying the freedom that we experience in Christ, it is important to push back against the maligning of the law as burdensome. Sin is burdensome, but the law is sweeter than honey (Pss 19:10; 119:103). The law of the Lord is divine instruction, God’s self-revelation, and a gracious gift. The law is good, bringing life and wisdom (Ps 19:7)
The Hebrew word torah, used in the first psalm to signify “teaching” or “law,” evokes a broad concept that incorporates all instruction from the mouth of God, from the command spoken at the beginning of creation (Gen 1:3), to God’s arbitrating word of peace flowing out of Zion (Isa 2:3), and to the climactic divine Word expressed in the incarnation of Jesus. Torah has always been and remains God’s self-disclosure, revealing the divine character and will. Keepers of Torah simply seek to live out the will of God as an expression of thanks and submission: not my will, but yours be done.
Although there are numerous laws that deserve Christian reflection, including ordinances for ritual purity, morality, and ethical treatment of neighbors and foreigners, the ten commands of Exodus 20 express the core from which all other biblical law flows. They move from commanding loyalty to Yahweh alone, to keeping of the holy day, and to righteous treatment of family and neighbors. The final commandment legislates against coveting, which is unique insofar as it is concerned with internal thoughts and motivations. These laws are expounded upon multiple times throughout the Old and New Testament. For example, Deuteronomy is a retelling and exposition of God’s law, told as a reminder of the covenant that Israel made with God before they cross the Jordan into the promised land. Most notably, Jesus himself, in the spirit of the tenth command on internal motivations, reinterprets the precepts set out at Sinai in order to show God’s heart in the law (Matthew 5:17-48). Jesus also quotes Lev 19:18 as a way of summing up the core of the law, calling his disciples to love God and love their neighbors. Jesus did not come to do away with the law, but to demonstrate the law and to live the will of God.
So why is the law so good? Why is it worthy of our meditation? Because it teaches us about the identity of the Lord. If you want to know what God is like, look to Jesus, who points you to the law. Moreover, biblical law provides instruction about life in the kingdom of God. The law is an invitation to the imitation of God, inviting us to be holy as Yahweh himself is holy (Lev 11:44-45; 19:2) and instructing us to be just, to care for the oppressed just as Yahweh has cared for us. Obedience to the law is the means by which Israel lived out its identity and calling as the community of the redeemed.
Finally, God’s grace is from the beginning. Israel trusted in the grace of God even while seeking to be obedient to his expectations. The psalmist of Psalm 1 no doubt knew the struggles of living up to the standards set out at Sinai, but he also knew the grace that accompanies life within the covenant. “Yahweh, Yahweh, a God who is compassionate and gracious” (Exod 34:6). The law is a delight because it is an expression of God’s grace, a gift to teach us and to lead us. There is no greater joy than to know God and live out his will.
This year as we reflect together on the law of the Lord at Harding School of Theology, “May the words of our mouths and the meditation of our hearts be pleasing to you, O Lord, our rock and our redeemer” (Ps 19:14).
Assistant Professor of Old Testament | law |
https://www.mandoraweb.de/en/imprint | 2018-10-23T04:15:51 | s3://commoncrawl/crawl-data/CC-MAIN-2018-43/segments/1539583516003.73/warc/CC-MAIN-20181023023542-20181023045042-00186.warc.gz | 0.65767 | 147 | CC-MAIN-2018-43 | webtext-fineweb__CC-MAIN-2018-43__0__1306069 | en | MandoraWeb is a registered trademark of Mandora Media GmbH.
Details according to § 5 TMG:Mandora Media GmbH
Authorised representative:Mario Jakelj
Contact details:Phone: +49.85121038801
Registration details:Registered at the chamber of commerce at HR Passau
under number HRB 9354
VAT registration number:DE299528305
EU commission is providing a platform for online dispute resolution for consumers according to art. 14 paragraph. 1 of EU directive no. 524/2013 about online dispute resolution (ODR) for consumer complaints. This platform is available at http://ec.europa.eu/consumers/odr/ | law |
https://sodiumbreakup.heart.org/menu_labeling_is_here | 2020-12-01T23:25:43 | s3://commoncrawl/crawl-data/CC-MAIN-2020-50/segments/1606141685797.79/warc/CC-MAIN-20201201231155-20201202021155-00532.warc.gz | 0.859382 | 182 | CC-MAIN-2020-50 | webtext-fineweb__CC-MAIN-2020-50__0__134664328 | en | Implementation of the menu labeling law is finally here! A new law, effective in May 2018, requires chain restaurants and other prepared food retailers with 20 or more locations to provide calorie counts on the menu and offer additional nutrition information upon request. So, not only will you have more information about the calories, but you can find out how much sodium, saturated fat, and sugar is in the dish.
Look for these changes on the menu. We hope they will help you in making healthier choices.
Find out what this law means to you and your community, in our latest article from the American Heart Association's News: Major restaurants now required to show calories on the menu
And, we want to thank the hundreds of you who have fought for menu labeling over the last year. Hundreds of you sent letters to the FDA, and hundreds more spread the word on social media on the importance of the law. | law |
https://senatorkristin.com/2019/11/19/senate-sends-bill-to-governor-to-pave-way-for-online-training-for-firefighters/ | 2023-09-24T13:07:28 | s3://commoncrawl/crawl-data/CC-MAIN-2023-40/segments/1695233506646.94/warc/CC-MAIN-20230924123403-20230924153403-00644.warc.gz | 0.962515 | 217 | CC-MAIN-2023-40 | webtext-fineweb__CC-MAIN-2023-40__0__236923871 | en | HARRISBURG – The Senate of Pennsylvania today gave final approval to a measure that will make firefighter training more accessible and affordable through online courses, according to Senator Kristin Phillips-Hill (R-York).
Senate Bill 146 ensures that online training would be voluntary and free to both career and volunteer firefighters. All available courses would be listed online, and developed under the leadership of the state Fire Commissioner.
Training requirements are often cited as a barrier to recruitment and retention, particularly for volunteers, because they can be costly and time-consuming, often demanding travel and time away from work and family.
“Our volunteer firefighters sacrifice a lot of their own time and interests to protect our communities,” Phillips-Hill. “This is a commonsense reform that will make training more accessible and affordable for the men and women who want to serve their communities.”
The Senate Resolution 6 Commission recommended online training as one of its core suggestions to ease the staffing burden on today’s firefighters.
Senate Bill 146 now goes to the governor for his signature. | law |
http://www.concisepropertysolutions.co.uk/2015/01/27/the-importance-of-a-check-in-meeting/ | 2019-02-22T13:53:40 | s3://commoncrawl/crawl-data/CC-MAIN-2019-09/segments/1550247518425.87/warc/CC-MAIN-20190222135147-20190222161147-00155.warc.gz | 0.939103 | 521 | CC-MAIN-2019-09 | webtext-fineweb__CC-MAIN-2019-09__0__205185716 | en | If you have lost a deposit dispute claim recently, you are not alone. Dispute arbitration via the three deposit schemes is an evidence based process, but without sufficient evidence your claim is unlikely to be upheld. An inventory without a tenants signature or a Check-In meeting is a common reason that a landlord loses a deposit claim.
We all know that having an accurate Inventory at the beginning of a tenancy will reduce the risk of any dispute about damage to property or its contents between the landlord and tenant at the end. However this is only the case if the tenant has been given the opportunity to agree and sign the inventory at the very beginning of the tenancy. The signing and dating at the Check-In meeting demonstrates their agreement to the condition of the property and its contents.
A Check-in Meeting is the best way to demonstrate that the tenant was given the opportunity to give input to an inventory and agree it. The tenant can also highlight faults and have them noted on the Inventory and know that he will not be held responsible at the end of the tenancy. The Check-in procedure is protection for both landlord and tenant as once the inventory is agreed it gives a valid snapshot of the property at the beginning of the tenancy.
If the tenant is not given the opportunity to agree the contents of the inventory or make agreed amendments to reflect the condition of the property it could be argued that the Inventory is devalued if not worthless. As a result at the end of the tenancy it would be harder for the landlord to rely on the Inventory as evidence in the case of a dispute.
The deposit scheme providers (TDS, DPS and My deposits) all follow the same principles and standards when dealing with a deposit dispute so involved parties can expect a fair outcome. The ‘Guide to tenancy deposit disputes and damages’ published jointly by the three schemes stresses that: “Just providing an Inventory to the tenant and expecting them to note any discrepancies or rely on a document that has not been signed will not be sufficient to convince an adjudicator”. The schemes recommend that where ever possible it should be ensured that the tenant is given the opportunity to view, amend and sign the Inventory. If the inventory is not signed by the tenant the schemes require that a Landlord explains why.
Due to the importance ARLA (Association of Residential Letting Agents) put on Inventories they created a subdivision called APIP (Association of Professional Inventory Providers). APIP consider that a Check-in Meeting is best practice and as members, we always recommend a Check in Meeting to our clients. | law |
https://pandadunks.co.uk/terms-conditions/ | 2024-03-01T02:06:03 | s3://commoncrawl/crawl-data/CC-MAIN-2024-10/segments/1707947474893.90/warc/CC-MAIN-20240229234355-20240301024355-00255.warc.gz | 0.896113 | 788 | CC-MAIN-2024-10 | webtext-fineweb__CC-MAIN-2024-10__0__172302482 | en | Last Updated: 15 Aug 2023
Please read these Terms & Conditions (“Terms,” “Terms & Conditions”) carefully before using https://pandadunks.co.uk/ (the “Website”) operated by Panda Dunks (“we,” “us,” or “our”). Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Website.
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You must be at least 13 years old to access or use the Website. If you are under 13, you are prohibited from accessing or using the Website.
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The content on the Website, including but not limited to text, graphics, images, videos, and logos, is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or perform any of the content without our prior written consent.
You may use the content for personal, non-commercial purposes only. Any unauthorized use of the content may violate copyright and other applicable laws.
You may have the opportunity to submit user-generated content, such as comments, reviews, or other materials, to the Website. By submitting such content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or have the necessary rights to the content you submit and that the content does not violate any third-party rights or applicable laws.
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The Website may contain links to third-party websites that are not owned or controlled by us. We are not responsible for the content or privacy practices of such websites. Your use of third-party websites is at your own risk.
Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website; (b) any conduct or content of any third party on the Website; (c) any unauthorized access, use, or alteration of your transmissions or content.
You agree to indemnify and hold us harmless from and against any claims, damages, actions, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Website, your violation of these Terms, or your violation of any rights of a third party.
Modifications to the Terms
We reserve the right to modify or replace these Terms at any time. The updated Terms will be posted on this page, and the date of the latest revision will be indicated at the top of the Terms.
These Terms are governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.
If you have any questions, concerns, or inquiries regarding these Terms, please contact us at [email protected]
By accessing or using the Website, you acknowledge that you have read, understood, and agree to abide by these Terms & Conditions. | law |
https://scrubdaddy.com/invention-disclosure-form/ | 2018-12-13T23:10:42 | s3://commoncrawl/crawl-data/CC-MAIN-2018-51/segments/1544376825112.63/warc/CC-MAIN-20181213215347-20181214000847-00009.warc.gz | 0.942307 | 727 | CC-MAIN-2018-51 | webtext-fineweb__CC-MAIN-2018-51__0__264471547 | en | We celebrate your ambition and appreciate your interest in sharing your invention with us. The following form is in place to protect your rights, as well as your idea. In hopes of avoiding future misunderstandings, we ask that you please review the following disclosure. Thank you!
Scrub Daddy, Inc. will evaluate your idea with or without patent, but only under the following conditions:
- In consideration for Scrub Daddy, Inc. evaluating your idea, you agree that Scrub Daddy, Inc. is released from any and all obligations to you in connection with the manufacture, sale, or use of your idea or any portion thereof except such obligations as may result under valid, unexpired patents which may have been granted or may be granted in the future.
- Scrub Daddy, Inc. as used herein includes subsidiaries, divisions, dealers, officers, employees, agents, and servants of Scrub Daddy, Inc.
- All submissions or disclosures of ideas are voluntary on the part of the submitter. No obligations or confidential relationships, either expressed or implied, are assumed by Scrub Daddy, Inc. with respect to any idea submitted. In order to evaluate your idea, Scrub Daddy, Inc. may have to disclose the idea to persons outside Scrub Daddy, Inc. Consequently, Scrub Daddy, Inc. is under no obligation to maintain the idea in secret or confidence.
- Copies of all ideas submitted to Scrub Daddy, Inc. may be kept by Scrub Daddy, Inc. to prevent future misunderstandings regarding the scope of the submission. Any lawsuit or other action based on use by Scrub Daddy, Inc. of an idea not the subject of an issued U.S. patent submitted by you under this program must be filed no later than four (4) years after you disclose said idea to Scrub Daddy, Inc.
- Scrub Daddy, Inc. does not have any obligation to reveal any information concerning its evaluation of your idea or concerning present, or future activities in any field.
- Ideas will be considered with the understanding that the use, if any, by Scrub Daddy, Inc. of such ideas is within the sole discretion of Scrub Daddy, Inc.
- Unless and until you obtain the rights described under Condition No. 8 below, should your unpatented idea be utilized, compensation to be paid by Scrub Daddy, Inc. shall be a sample of the product incorporating your idea. Scrub Daddy, Inc.’s obligation shall not apply to products having a suggested retail price exceeding $29.00.
- Patented ideas and ideas covered by pending applications for patent will be considered only with the understanding that the submitter agrees to rely for his protection solely on such rights as he may have under the laws, including but not limited to patent and industrial design laws, of the United States and/or of any foreign country. If submitter owns a patent covering Scrub Daddy, Inc.’s use of your idea, then an agreement, such as a royalty-bearing license, a purchase of the patent or the like, can be negotiated.
- All Scrub Daddy, Inc. employees are subject to and entitled to the terms and foregoing conditions.
- The preceding terms and conditions may not be modified or waived.
If the conditions of the letter are acceptable to you, please sign and date below. By submitting your electronic signature, you represent that you have the power to enter into this agreement and to disclose the idea to Scrub Daddy, Inc.
Forms not completed in their entirety will not be reviewed. | law |
https://www.biodue.com/en/rd/trade-marks-and-patents/ | 2023-12-01T23:54:15 | s3://commoncrawl/crawl-data/CC-MAIN-2023-50/segments/1700679100308.37/warc/CC-MAIN-20231201215122-20231202005122-00442.warc.gz | 0.85725 | 97 | CC-MAIN-2023-50 | webtext-fineweb__CC-MAIN-2023-50__0__473063 | en | Trade marks and Patents
BioDue S.p.A. continuously invests in the registration of trade marks and patents.
The company owns:
- 48 trade marks in the world, excluding South America
- 11 registered trade marks in Europe + UK
- 75 trade marks registered in South America
- 175 national trade marks
- 15 patents in the world, of which 11 registered in Italy, 3 European Patent regularizations in Italy and San Marino, and 1 in USA | law |
http://jtlconsultancy.co.uk/mediation.html | 2020-02-20T21:04:37 | s3://commoncrawl/crawl-data/CC-MAIN-2020-10/segments/1581875145282.57/warc/CC-MAIN-20200220193228-20200220223228-00536.warc.gz | 0.970512 | 151 | CC-MAIN-2020-10 | webtext-fineweb__CC-MAIN-2020-10__0__77660113 | en | Mediation is a way of resolving disputes without going to court or to employment tribunals. It is a popular alternative to more lengthy, costly and adversarial approaches to dispute resolution.
Workplace mediation is a voluntary informal process that helps people who are in dispute to start talking again, and to jointly agree how better to work together. It addresses the business of creating and restoring respectful workplace relationships and does this in a way that is fair, mutual and even-handed to all stakeholders involved.
The mediator is impartial and thus is able to facilitate communication between those in dispute in order for them to understand each other better and reach mutually acceptable solutions that will enhance the working relationship in the future.
Contact Jill Lopez to discuss your workplace mediation needs. | law |
https://frswfh.com/211/COVID-19-FAQ.html | 2021-09-23T12:05:26 | s3://commoncrawl/crawl-data/CC-MAIN-2021-39/segments/1631780057421.82/warc/CC-MAIN-20210923104706-20210923134706-00185.warc.gz | 0.948484 | 847 | CC-MAIN-2021-39 | webtext-fineweb__CC-MAIN-2021-39__0__211168060 | en | My loved one has passed away from COVID-19. What do I do?
If you are considering using our services, contact us by phone immediately at 914-375-1400 to go over the options that you are entitled to for the funeral services. One of our Funeral Directors will carefully explain your options.
Can my family still have a service for my loved one even though they passed away from COVID-19?
YES. Your family is entitled to the same funeral services just as someone who did not pass away from COVID-19. COVID-19 does not need to affect whether the funeral takes place through burial or cremation and the wishes of your deceased family member or friend may continue to be honored.
Can I have an open casket viewing for my loved one who died from COVID-19?
YES. According to the CDC website, "There is currently no known risk associated with being in the same room at a funeral service or visitation with the body of a deceased person who had confirmed or suspected COVID-19 after the body has been prepared for viewing." Our funeral firm REQUIRES that any person be embalmed prior to ANY viewing. This requirement allows our firm to protect the safety of your family, as well as our staff.
How can we safely follow the wishes of my loved one during this pandemic?
We are asking anyone who enters the Funeral Home to practice safe Social Distancing. We are politely asking those who are not immediate family to make their visit brief and exit the funeral home immediately after paying their respects.
My loved one passed away due to COVID-19 and was served by your funeral home. How can I get reimbursed for the funeral expenses?
While the details for FEMA's Funeral Assistance Program are still being worked out by the US Government, they have established a Funeral Assistance website to explain eligibility. The website can be seen by clicking HERE.
Who is eligible for FEMA Funeral Assistance Reimbursement?
According to FEMA's website, this is the criteria for being eligible:
- The death must have occurred in the United States, including the U.S. territories, and the District of Columbia.
- The death certificate must indicate the death was attributed to COVID-19.
- The applicant must be a U.S. citizen, non-citizen national, or qualified alien who incurred funeral expenses after January 20, 2020.
- There is no requirement for the deceased person to have been a U.S. citizen, non-citizen national, or qualified alien.
I need a copy of the death certificate, how do I obtain one?
If your loved one's passing occurred INSIDE the New York City Limits within the 5 Boroughs, you may order death certificates directly from the NYC Department of Health and Mental Hygiene's website. To order copies of the death certificate, please click HERE.
PLEASE NOTE: YOU MUST ORDER A COPY WITH THE CONFIDENTIAL CAUSE OF DEATH TO BE ELIGIBLE FOR FEMA REIMBURSEMENT.
To be eligible to order a copy of the death certificate with the Confidential Cause of Death in New York City, you must be one of the following:
- Domestic partner
- Informant listed on the certificate
- Person in control of disposition
If your loved one's passing occurred OUTSIDE of New York City, you must contact the Municipality in which the death occurred to obtain a certified copy of the death certificate. For Example: If your loved one passed away at New York Presbyterian Lawrence Hospital in Bronxville, but resided in the City of Yonkers, you MUST contact the Village of Bronxville to obtain certified copies. You may also order the certified copies online HERE.
How can I obtain a Paid Funeral Bill to submit to FEMA?
The next-of-kin that is listed as the informant on the Death Certificate can call the Funeral Home at 914-375-1400 or send an email request to [email protected]. We will try to respond to it as soon as we can. | law |
https://bentallgreenoak.com/accessibility.php | 2020-06-02T07:09:00 | s3://commoncrawl/crawl-data/CC-MAIN-2020-24/segments/1590347423915.42/warc/CC-MAIN-20200602064854-20200602094854-00394.warc.gz | 0.943771 | 2,503 | CC-MAIN-2020-24 | webtext-fineweb__CC-MAIN-2020-24__0__21776687 | en | BentallGreenOak (Canada) Limited Partnership ("BentallGreenOak") is committed to providing excellent service and accessibility to our employees and all our clients including tenants, prospective tenants, members of the public and third parties. The purpose of this policy is to provide a framework through which BentallGreenOak can achieve service and employment excellence for people with disabilities in accordance with various provincial and federal legislation in Canada.
The scope of this policy includes our commitment to accessibility in our employment and customer service standards.
BentallGreenOak is committed to providing a respectful, welcoming and inclusive environment to all our employees with disabilities. Our employment standards will incorporate best practice and regulatory requirements throughout the employment experience.
Working closely with the building owners, BentallGreenOak is committed to providing a respectful, welcoming and inclusive environment to all individuals who seek access to the buildings we manage and the services we provide. All employees are expected to comply with the spirit and intent of this policy when providing services to our customers or otherwise representing or conducting business on behalf of BentallGreenOak.
As defined by the Accessibility for Ontarians with Disabilities Act, a barrier is anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, information or communications barrier, an attitudinal barrier, a technological barrier, a policy or practice.
For the purpose of this policy, the term "disability" includes:
For the purposes of this policy, the term "employee" refers to any person regarding whom BentallGreenOak pays wages or a salary, has control over their assigned work and has a right to control the details of their work. This includes, but is not limited to fulltime, part-time, seasonal and contract employees.
For the purposes of this policy, an animal is a service animal for a person with a disability if:
For the purposes of this policy, a "support person" is a person who accompanies a person with a disability in order to help with communication, mobility, personal care or medical needs or with access to goods or services.
BentallGreenOak is committed to providing accessible customer service to people with disabilities in a manner consistent with the principles of dignity, independence, integration and equal opportunity.
When communicating with persons with a disability, BentallGreenOak employees will take into account the particular individual's needs and circumstances upon request. All communication will be provided in a manner that respects the dignity and independence of persons with disabilities.
Persons with disabilities will be permitted to obtain, use or benefit from goods or services through the use of their own assistive devices. In the event a person with a disability is hindered from accessing any goods or services offered, we will use our best efforts to deliver the same service in another way upon request.
We are committed to providing accessible telephone service to our customers. If telephone communication provides a barrier to a person with a disability, we will offer to communicate by e-mail or fax.
We are committed to providing accessible invoices and we will provide our invoices in an alternative accessible format upon request. We will answer any questions customers may have about the content of invoices in person, by telephone or email.
We welcome persons with disabilities who are accompanied by a service animal. If a service animal is excluded by law, we will suggest appropriate alternatives and provide assistance to ensure that the person is able to access, obtain, use or benefit from our services where possible.
We welcome persons with disabilities who are accompanied by an identified Support Person. Any person with a disability who is accompanied by a Support Person will be allowed to access any of our services and facilities with his or her Support Person.
We are aware that persons with disabilities rely on certain services and facilities we provide. Temporary disruptions in services and facilities will occur from time to time. We will provide notice when there is a temporary disruption in those services or facilities that people with disabilities usually rely upon. This notice will include information about the reason for the disruption, its anticipated duration, and, if applicable, a description of alternative facilities or services that may be available. Notice of service disruptions will be provided as soon as practical after we become aware of the disruption, or in advance in the case of planned disruptions.
Notice will be provided by a variety of methods, depending on the circumstances, and may include postings in conspicuous places such as in the entrances, lobbies and elevator banks of our managed buildings.
BentallGreenOak will ensure that all employees, agents and third parties who interact with customers on its behalf receive customer service training as required to meet service standards and regulatory requirements. This training shall be provided on an ongoing basis whenever changes are made to this Policy to ensure that this Policy is properly implemented at all times. An electronic record of the training will be kept in an online database.
Training will include the following:
BentallGreenOak is committed to providing accessible employment to people with disabilities in a manner consistent with the principles of dignity, independence, integration and equal opportunity.
BentallGreenOak will notify its employees and the public about the availability of accommodation for applicants with disabilities in its recruitment, assessment and selection processes. If a request is made, the applicant will be consulted and provision of a suitable accommodation will be provided or arranged in a manner that takes into account the applicants accessibility needs due to disability.
We will inform our employees of our policies to support our employees with disabilities that will include the provision of job accommodation due to a disability. Employees will also be provided updated information whenever there is a change to existing policies on job accommodation. For new employees we will provide this information as soon as practicable.
When an employee with a disability so requests it, BentallGreenOak will consult with the employee to provide or arrange for the provision of accessible formats and communication support for information that is needed for the employee to do their job, for information that is readily available to employees in the workplace and consult with the employee making the request to determine the suitability of the accessible format or communication support.
BentallGreenOak will provide individualized workplace emergency response information to employees who have a disability, if the disability is such that the individualized information is necessary and the employer is aware of the need for accommodation due to the employee’s disability. Any employee who requires a Workplace Emergency Response Information Plan is required to request one.
Consent of the employee is required prior to BentallGreenOak sharing workplace emergency response information with the person designated by the employer to provide assistance to the employee, Once consent is received, BentallGreenOak shall provide the workplace emergency response information to the person designated to provide emergency assistance.
This information will be kept current as the employees overall needs for accommodation is changed and as BentallGreenOak reviews its general emergency response policies.
BentallGreenOak will have in place a written process for the development of documented individual accommodation plans for employees with disabilities who request it that will include the guidelines provided in provincial and federal legislation relating to accessible employment.
If requested, it shall include information regarding accessible formats and communication support, individualized workplace emergency response information and any other accommodation that is to be provided.
BentallGreenOak will have in place a documented return to work process for its employees who have been absent from work due to a disability and require disability-related accommodations in order to return to work. This does not replace or override any other return to work process created by or under any other statute.
The Performance Management, Career Development and Advancement processes at BentallGreenOak shall take into account the accessibility needs of employees with disabilities, as well as individual accommodation plans (5.5), when using these processes in respect of employees with disabilities.
We welcome questions and feedback about how we deliver services to people with disabilities. Customers and Employees can submit feedback and questions in person, at the building in question or by email, in writing or by any other means, to the People and Talent Team at BentallGreenOak.
If the feedback raises serious concerns with respect to the delivery of services or employment practices to persons with disabilities, we will provide a response to the concerns in a timely manner. The author of the feedback will be provided a response in the format requested (or the most appropriate format where no request was made) outlining corrective actions we will or will have taken.
This Policy and any corresponding practices and procedures will be made available to any person on request. We will post notice of the availability of these documents on our website.
Upon request, we will provide this Policy and any other forms in a format that takes into account the disability of the person submitting the request.
We are committed to developing customer service policies and employment standards that respect and promote the dignity and independence of people with disabilities. All BentallGreenOak policies and procedures will be developed or updated in such a manner as to respect and promote the dignity and independence of persons with disabilities.
The Managing Director and Co-Head, People and Talent is responsible for this policy. The People and Talent Team will provide advice and assistance in the interpretation and administration of this policy.
This Multi-Year Accessibility Plan aligns to the requirements for Ontario's AODA (Accessibility for Ontarians with Disabilities Act).
BentallGreenOak is committed to treating all people in a way that allows them to maintain their dignity and independence. We believe in integration and equal opportunity. We are committed to meeting the needs of people with disabilities in a timely manner, and will do so by preventing and removing barriers to accessibility and meeting accessibility requirements under the Accessibility for Ontarians with Disabilities Act.
BentallGreenOak is committed to providing the customers and clients with publicly available information in an accessible way upon request. We will also provide employees with disabilities with individualized emergency response information when necessary.
BentallGreenOak will provide training to Ontario employees to meet the requirements of Ontario's accessibility laws and the Human Rights Code as it relates to people with disabilities. Training will be provided in a way that best suits the duties of staff members.
BentallGreenOak will take the following steps to ensure Ontario employees are provided with the training needed to meet Ontario's accessible laws by January 1, 2015:
BentallGreenOak is committed to meeting the communication needs of people with disabilities.
BentallGreenOak will take the following steps to ensure existing feedback processes are accessible to people with disabilities in Ontario upon request by January 1, 2015:
BentallGreenOak will take the following steps to make sure all publically available information in Ontario is made accessible upon request by January 1, 2016:
BentallGreenOak will take the following steps to make all websites and content conform to WCAG 2.0, Level AA by January 1, 2021:
BentallGreenOak is committed to fair and accessible employment practices.
We will take the following steps to notify the public and staff that, when requested, BentallGreenOak will accommodate people with disabilities during the recruitment and assessment processes and when people are hired:
BentallGreenOak will take the following steps by January 1, 2016 to develop and put in place a process for developing individual accommodation plans and return-to-work policies for employees in Ontario that have been absent due to a disability:
We will take the following steps to ensure the accessibility needs of employees with disabilities in Ontario are taken into account in performance management, career development and redeployment processes:
BentallGreenOak will meet the Accessibility Standards for the Design of Public Space when building or making major modifications to public spaces in Ontario. Public spaces include:
BentallGreenOak will put procedures in place to prevent service disruptions to its accessible parts of its public spaces.
In the event of a service disruption to the accessible parts of public spaces, we will notify the public of the service disruption and alternatives available.
In accordance with the AODA legislation, this Multi-Year Accessibility Plan will be updated once every five years.
This document is available to the public and in alternate format and accessible communication supports upon request.
Multi-Year Accessibliity Plan Revised: April 6, 2016
Next Scheduled Review Date: April 2021 | law |
https://voldecoloms.cat/en/legal-warning/ | 2024-04-17T22:27:03 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296817181.55/warc/CC-MAIN-20240417204934-20240417234934-00663.warc.gz | 0.882632 | 464 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__188807511 | en | The owner of this website is:
Identity: VOL DE COLOMS SL
Address: Crta. del Volcà Croscat, s/n 17881 Santa Pau
Registered in the Mercantile Registry of Girona, registration 1st Volume 998, Sheet 53, Section 8, Sheet GI 4389
The use of this website implies full acceptance of the terms and conditions of this legal notice. Any conflicts related to this website will be governed exclusively by the law of the Spanish State. All users of the website, regardless of the territorial jurisdiction from which their access occurs, accept compliance with and respect for these clauses.
Intellectual and industrial property
The entire content of this website, whether texts, images, sounds, brands, logos or other elements, as well as substructure, design, color combinations or presentation of the materials, are protected by industrial and intellectual property rights intellectual property that the user of this website must respect. Its transformation or alteration, public communication or any other form of exploitation by any procedure without the express authorization of VOL DE COLOMS SL is not permitted.
Responsibility for the contents
Although VOL DE COLOMS SL acts with the greatest possible diligence, it may happen that some data or information is not completely updated at the time the website user consults it. For this reason, the information presented on this website has an orientation function and does not bind VOL DE COLOMS SL.
VOL DE COLOMS SL will not be responsible for the information that can be obtained through links included on its website.
VOL DE COLOMS SL reserves the right to make, at any time and without prior notice, modifications or updates to the information and any of the elements that make up the design and configuration of the web page.
Applicable law and jurisdiction:
Use of this website implies full acceptance of the terms and conditions in this legal notice. The possible conflicts relating to this website will be governed exclusively by Spanish legislation, the Spanish Courts and Tribunals being competent to hear any question that arises on it.
Online dispute resolution platform of the European Union | law |
https://www.aceofspadeswarrington.co.uk/safety-and-legal.php | 2020-10-27T23:14:30 | s3://commoncrawl/crawl-data/CC-MAIN-2020-45/segments/1603107894890.32/warc/CC-MAIN-20201027225224-20201028015224-00363.warc.gz | 0.944553 | 365 | CC-MAIN-2020-45 | webtext-fineweb__CC-MAIN-2020-45__0__20068471 | en | Tree surgery can be a very high risk activity that requires extensive training and assessment and full compliance with Health and Safety legislation to keep these risks to a minimum.
Provision and Use of Work Equipment Regulations 1992 require formal, mandatory qualifications in the competent use of a chainsaw. These were some of the earliest certifications we obtained pertaining to the use and maintenance of a chainsaw on the ground and felling trees.
The Work at Height Regulations 2005 require mandatory qualifications in the use of a chainsaw in a tree and that all climbing equipment be fit for purpose. We use the best ropes and harnesses on the market and are fully trained and qualified in aerial rescue and the use of top handled chainsaws in a tree.
We always wear chainsaw protective trousers and boots along with helmets, ear defenders and eye protection in line with the Personal Protective Equipment at Work Regulations 1992. Thorough risk assessments are undertaken in line with the Management of Health and Safety at Work Regulations 1999 and all of our climbing equipment is maintained in accordance with the Lifting and Operations and Lifting Equipment Regulations 1998.
Some Trees are protected by legislation administered by Local Planning Authorities. This can be in the form of a TPO (Tree Preservation Order) or a Conservation Area. These orders protect trees and areas deemed to add local amenity value and make it a criminal offence to work on these trees without the consent of the authorities.
The consent is subject to a six-week application process that we can handle for you, along with advice and guidance for proposed work.
Outside of these restrictions homeowners are free to prune or remove trees within their gardens as they see fit. Consideration must be given to actively nesting birds protected under the Wildlife and Countryside Act 1981 and conformity to the British Standard for Tree Work BS3998 is encouraged. | law |
http://www.northbranfordfire.com/fire-police.html | 2024-02-28T23:18:16 | s3://commoncrawl/crawl-data/CC-MAIN-2024-10/segments/1707947474746.1/warc/CC-MAIN-20240228211701-20240229001701-00369.warc.gz | 0.933559 | 490 | CC-MAIN-2024-10 | webtext-fineweb__CC-MAIN-2024-10__0__19217698 | en | Welcome to the North Branford Fire Department
FIRE POLICE UNIT
The North Branford Fire Department is authorized to operate a unit composed of Fire Police officers. Their role and responsibility lie within the CT General Statutes and assist NBFD and NBPD whenever augmentation to traffic incident management services are requested. The Fire Police Unit is under the command of Captain Ed Doody (FP-1) and is made up of 10 FP officers. Their duties are outlined below.
“CGS Sec. 7-313a. Fire police. The authorities having the supervision of the fire department of any town, city, borough or district may appoint such number of persons, within available appropriations, as they deem necessary to be fire police officers of such municipality or district, who shall have the powers and perform the duties in such municipality or district as designated and authorized by the fire chief of such municipality or district, and such fire police officers may exercise such powers and duties in any adjoining municipality or district while on duty with the fire department or with a cooperating fire department, where the department is engaged in mutual assistance. Such powers and duties shall include traffic control and regulation and may be exercised by such fire police during any fire drill or fire call or at any other time when such fire police are serving with the fire department, with any other fire department in an adjoining municipality or district or with any fire department rendering mutual assistance. Each such fire police officer while in the performance of fire police duties shall wear the badge of office in plain view of any observer. Each such fire police officer, while directing traffic in performance of the duties of fire police, (1) shall wear a white helmet with the words "Fire Police" in red letters on the front thereof or regulation fire-police dress uniform cap and after dark or in inclement weather, a traffic safety vest, orange or lime green raincoat or any reflectorized orange or lime green outer clothing, that meets national, state and local traffic safety standards, (2) carry a flashlight, which shall have a red or orange wand and be capable of projecting a clear light for the purpose of illumination at nighttime, and (3) utilize hand-held or portable traffic control devices appropriate for the time of day, weather and traffic flow. Such helmet, cap, vest, raincoat or outer clothing, badge, traffic control equipment and flashlight may be supplied by the appointing municipality or district.” | law |
http://www.benefitscollective.com/wiki/VEBA | 2016-10-25T08:31:17 | s3://commoncrawl/crawl-data/CC-MAIN-2016-44/segments/1476988720000.45/warc/CC-MAIN-20161020183840-00223-ip-10-171-6-4.ec2.internal.warc.gz | 0.942778 | 2,026 | CC-MAIN-2016-44 | webtext-fineweb__CC-MAIN-2016-44__0__11699357 | en | Voluntary Employees' Beneficiary Association (VEBA)
A VEBA is an organization that is an ERISA welfare plan funded by a trust that is tax-exempt under Code Section 501(c)(9).
Requirements Under Code Section 501(c)(9)
Generally, a VEBA must meet six requirements in Code Section 501(c)(9). It must:
- Be an employees’ association;
- to which membership is voluntary;
- that is controlled by its members;
- that provides for the payment of life, sick, accident, or other benefits to its members or their dependents or designated beneficiaries.
- Conduct substantially all of its operations in furtherance of providing such benefits; and
- prohibit any part of the net earnings of the organization from inuring, other than by payment of benefits, to the benefit of any private shareholder or individual.
The membership of an organization described in section 501(c)(9) must consist of individuals who become entitled to participate by reason of their being employees and whose eligibility for membership is defined by reference to objective standards that constitute an employment-related common bond among such individuals. Typically, those eligible for membership in an organization described in section 501(c)(9) are defined by reference to a common employer (or affiliated employers), to coverage under one or more collective bargaining agreements (with respect to benefits provided by reason of such agreement(s)), to membership in a labor union, or to membership in one or more locals of a national or international labor union.
Any objective criteria used to restrict eligibility for membership or benefits may not be selected or administered in a manner that limits membership or benefits to officers, shareholders, or highly compensated employees of an employer contributing to the association.
Generally, membership in an association is voluntary if an affirmative act is required on the part of an employee to become a member rather than the designation as a member due to employee status. However, an association shall be considered voluntary although membership is required of all employees, provided that the employees do not incur a detriment (for example, in the form of deductions from pay) as the result of membership in the association. An employer is not deemed to have imposed involuntary membership on the employee if membership is required as the result of a collective bargaining agreement or as an incident of membership in a labor organization.
Control by Members
A VEBA must be controlled by: (i) By its membership, (ii) By independent trustee(s) (such as a bank), or (iii) By trustees or other fiduciaries at least some of whom are designated by, or on behalf of, the membership.
Provision of Acceptable Benefits
VEBAs must provide life, sickness, or accident benefits, or other benefits that are similar to those benefits.
A benefit is similar to a life, sickness, or accident benefit if: (1) It is intended to safeguard or improve the health of a member or a member’s dependents, or (2) It protects against a contingency that interrupts or impairs a member’s earning power.
According to IRS materials:
"All VEBAs may provide the following benefits: term life insurance; group whole life insurance (as defined in section 79); accidental death and dismemberment insurance; medical and dental insurance; disability insurance; vacation pay; vacation facilities; recreational expenses; child care; job readjustment allowances; income maintenance payments in time of economic dislocation; temporary living expense loans and grants in times of disaster; supplemental unemployment compensation benefits; severance pay (if provided in accordance with 29 CFR 2510.3-2(b)); and education or training benefits or courses for members. Reg. 1.501(c)(9)-3(b), (c), and (e).
"Collectively bargained VEBAs may provide the following additional qualifying benefits: educational or training benefits for dependents of members; and worker's compensation benefits."
Substantially All Operations
A voluntary employees’ beneficiary association is not operated for the purpose of providing life, sick, accident, or other benefits unless substantially all of its operations are in furtherance of the provision of such benefits. A VEBA cannot systematically and knowingly provide impermissible types of benefits.
Unacceptable benefits include:
- commuting expenses
- accident or homeowner’s insurance;
- malpractice insurance;
- loans to members except in times of distress (as permitted by § 1.501(c)(9)–3(e)); and
- any savings program.
No Private Inurement
No part of the net earnings of a VEBA may inure to the benefit of any private shareholder or individual other than through the payment of permitted benefits. The disposition of property to, or the performance of services for, a person for less than the greater of fair market value or cost (including indirect costs) to the association, other than as a life, sick, accident or other permissible benefit, constitutes prohibited inurement. Generally, the payment of unreasonable compensation to the trustees or employees of the association, or the purchase of insurance or services for amounts in excess of their fair market value from a company in which one or more of the association’s trustees, officers or fiduciaries has an interest, will constitute prohibited inurement.
Discrimination of favor of highly compensated employees, or an discrimination in type or form of benefits that cannot be justified by objective and reasonable standards is prohibited inurement.
Requirements Under Code Section 505 and Other Nondiscrimination Rules
Section 505 mandates that any classification of employees for benefit purposes must be nondiscriminatory as to HCEs. Generally, this means benefits cannot vary depending on whether a member is an HCE or an NHCE, although life insurance and other income replacement benefits may bear a uniform relationship to compensation.
Certain employees may be excluded when considering whether benefits discriminate in favor of highly compensated individuals. Such employees include those who (i) have not completed three years of service, (ii) are less than half-time employees, (iii) are seasonal employees, or (iv) have not attained age 21. Section 505(b)(2).
The rules of Code Section 505 do not apply to plans that are subject to other nondiscrimination rules in the Code, such as self-insured medical benefits under section 105(h); supplemental unemployment compensation benefits described in section 501(c)(17); group term life benefits (which are generally subject to section 79); dependent care assistance described in section 129; and educational assistance described in section 127.
Tax Treatment of Benefits
VEBA benefits are afforded no special tax treatment, but many common VEBA benefits are not included in income because of other Code provisions.
The unrelated business taxable income of a VEBA for a taxable year of generally will equal the lesser of two amounts:
- the income of the VEBA for the taxable year (excluding member contributions); or,
- the excess of the total amount set aside as of the close of the taxable year (including member contributions, and excluding certain assets with a useful life extending substantially beyond the end of the taxable year to the extent they are used in the provision of welfare benefits) over the qualified asset account limit (calculated without regard to the otherwise permitted reserve for post-retirement medical benefits) for the taxable year.
Pursuant to 26 U.S.C. § 419A, a VEBA's account limit is generally the amount necessary to pay for incurred but unpaid benefit claims as of the end of the year as well as certain related administrative costs. Accordingly, a VEBA's income is exempt from tax only to the extent that it does not result in a year-end account balance in excess of the amount necessary to satisfy incurred but unpaid member claims.
Uses of VEBAs
VEBAs are often used in situations that require benefits to be partially separated from employers.
ERISA welfare plans generally can be terminated at any time because welfare benefits do not normally vest. However, the governance of a VEBA and the terms of its trust agreement can make termination difficult. Moreover, VEBA assets cannot revert to the employer or inure to any private benefit.
Nonetheless, the regulations provide that it will not constitute prohibited inurement if, on termination of a VEBA, any assets remaining, after satisfaction of all liabilities to existing beneficiaries of the plan, are applied to provide, either directly or through the purchase of insurance, life, sick, accident or other benefits within the meaning of § 1.501(c)(9)–3 pursuant to criteria that do not provide for disproportionate benefits to officers, shareholders, or highly compensated employees of the employer. See § 1.501(c)(9)–2(a)(2).
In addition, a transfer of assets from one VEBA to another, even if economically beneficial to an employer, is generally not a prohibited reversion.
See the regulations below (attached).
1.501(c)(9)-1 Voluntary employees' beneficiary associations, in general. 1.501(c)(9)-2 Membership in a voluntary employees' beneficiary association; employees; voluntary association of employees. 1.501(c)(9)-3 Voluntary employees' beneficiary associations; life, sick, accident, or other benefits. 1.501(c)(9)-4 Voluntary employees' beneficiary associations; inurement. 1.501(c)(9)-5 Voluntary employees' beneficiary associations; recordkeeping requirements. 1.501(c)(9)-6 Voluntary employees' beneficiary associations; benefits includible in gross income. 1.501(c)(9)-7 Voluntary employees' beneficiary associations; section 3(4) of ERISA. 1.501(c)(9)-8 Voluntary employees' beneficiary associations; effective date. | law |
http://across-the-rubicon.blogspot.com/2011_03_01_archive.html | 2017-04-25T06:38:28 | s3://commoncrawl/crawl-data/CC-MAIN-2017-17/segments/1492917120187.95/warc/CC-MAIN-20170423031200-00010-ip-10-145-167-34.ec2.internal.warc.gz | 0.972276 | 1,075 | CC-MAIN-2017-17 | webtext-fineweb__CC-MAIN-2017-17__0__283031335 | en | Yes, the capitalization and punctuation differ. As to which version is "official?" I don't know.
As passed by the Congress:
As ratified by the States:A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.
There are many judicial debates surrounding the specific meanings of "well regulated militia." Also, the meaning of "people," versus "People." The two may well be intertwined. Some may read People as being the United States as an entity, where the People refer to the government. In other words, the right of the government to maintain a standing army, which would be described as a well-regulated militia. Others would interpret "people" as being individual citizens of the United States in small collective groups that stockpile weapons, such as the "militias" often referred to in some of the more rural parts of Idaho or Montana for example. Others just seem to dispense of the whole militia part and go straight to the right of an individual citizen to bear arms.
Many see the Second Amendment and defending the right of the citizens to rise up against their government in armed conflict. Back in the day, when the average citizen could possess a weapon that was every bit as good as the military's weapons, this could easily be seen as a deterrent for the government to not to overstep its bounds. But today, I think there would little argument that no matter how well armed the citizenry is, modern U.S. military weapons would have little trouble against an armed uprising.
Despite all of those various interpretations, I'm actually looking at the meaning of "Arms" (or arms). What are "arms?" They are not the things hanging from your shoulders, at least not in this context. Arms, or armaments, are weapons. These are not specific to projectile weapons. Swords, knives, throwing stars (for you ninjas out there), staffs, etc. But there are other arms as well, such as hand grenades, flame throwers, tanks with depleted uranium shells, Joint Strike Fighters with air to air missiles, and yes, even a nuclear bomb. Was it the intention of our founding fathers to allow for an individual citizen of the United States to posses a weapon of mass destruction?
As many of you know, I am an ardent defender of the First Amendment. Despite my loathing of religion, whether organized or not, I am a strong believer in freedom of religion and I have often commented on freedom of speech as well. While I may disagree with some of the abhorrent things people say (Westboro Baptist Church), I will defend their right to say it. Just because someone is easily offended doesn't mean that the speech has to be restricted. Having said all that, the courts have consistently ruled that there are time and place exceptions to free speech. One classic example if yelling fire in a crowded theater. That is not protected free speech. A more recent example is the Westboro attempts to protest the funerals of soldiers who have died overseas or even the funerals of the victims of the recent Tucson shootings. Just recently, the Supreme Court gave a victory to Westboro Baptist Church when the father a slain soldier sued them in an attempt to ban protests of military funerals. The Court decided correctly, that Westboro has the right to protest a military funeral. The father's case was over reaching. Instead, Arizona (specifically Kyrsten Sinema D-15), proposed legislation that put time and place restrictions on the protests. Not within x hundred yards of the property and not x minutes before and after. These types of restrictions are often viewed favorably by the court because they don't infringe upon the right of the protesters, yet allow reasonable protections for the mourners.
So, what is the point of all that rambling. Simple, at least in my mind. I'm not familiar with what laws are in place today, but I am fairly certain that it is illegal to posses things like nuclear bombs, surface to air missiles, fully functional tanks with ammunition, etc. And, I don't think many people are going to go to their congressperson and make a strong case that those restrictions are unconstitutional. On the other hand, I think it is perfectly reasonable to allow the sale of handguns, hunting rifles, etc. Both for personal protection and/or hunting, and just plain target shooting. The real debate is the area in between. Automatic weapons, extended clips, etc. Yes, there is a percentage of the population that enjoys being able to fire those weapons for target practice. Is it unreasonable to license and regulate shooting ranges and gun rentals for those people? For some, it is.
For me, I recognize the right of an individual to bear arms. But, as is the case with free speech, I believe there are reasonable "time and place" restrictions that need to be considered. What those are, I don't know. That is the battleground between gun control advocates and Second Amendment advocates such as the NRA. By no means is this a black and white issue. | law |
http://www.uprr.com/aboutup/operations/specs/shoring/09.shtml | 2014-09-22T18:15:38 | s3://commoncrawl/crawl-data/CC-MAIN-2014-41/segments/1410657137145.1/warc/CC-MAIN-20140914011217-00332-ip-10-234-18-248.ec2.internal.warc.gz | 0.880717 | 487 | CC-MAIN-2014-41 | webtext-fineweb__CC-MAIN-2014-41__0__193826495 | en | Subsurface Exploration. (AREMA 126.96.36.199)
a. Sufficient borings shall be made along the length of the structure to determine, with a reasonable degree of certainty, the subsurface conditions. Irregularities found during the initial soil boring program may dictate that additional borings be taken.
b. The subsurface investigation shall be made in accordance with the provisions of AREMA Chapter 8 Part 22, Geotechnical Subsurface Investigation.
- Type of backfill.
a. Backfill is defined as material behind the wall, whether undisturbed ground or fill, that contributes to the pressure against the wall.
b. The backfill shall be investigated and classified with reference to the soil types described in AREMA Table 8-5-1.
c. Types 4 and 5 backfill shall be used only with the permission of the Engineer. In all cases the wall design shall be based on the type of backfill used.
- Computation of backfill pressure. (AREMA 188.8.131.52a)
a. Values of the unit weight, cohesion, and angle of internal friction of the backfill material shall be determined directly by means of soil tests or, if the expense of such tests is not justifiable, by means of AREMA Table 8-5-2 referring to the soil types defined in AREMA Table 8-5-1. Unless the minimum cohesive strength of the backfill material can be evaluated reliably, the cohesion shall be neglected and only the internal friction considered. See Appendix page A-6 for AREMA generic soil properties.
a. The backfill shall preferably be placed in loose layers not to exceed 8 inches in thickness. Each layer shall be compacted before placing the next, but over compaction shall be avoided.
b. It is required that backfill be compacted to no less than 95% of maximum dry density at a moisture content within 2% of optimum and tested using Modified Proctor ASTM D1557.
c. Fill within 100 feet of bridge ends or 20 feet outside culverts shall be placed and compacted to not less than 100% of maximum.
d. No dumping of backfill material shall be permitted in such a way that the successive layers slope downward toward the wall. The layers shall be horizontal or shall slope downward away from the wall. | law |
http://heartlandstrategiesllc.com/blog | 2023-12-02T22:30:25 | s3://commoncrawl/crawl-data/CC-MAIN-2023-50/segments/1700679100452.79/warc/CC-MAIN-20231202203800-20231202233800-00788.warc.gz | 0.957975 | 904 | CC-MAIN-2023-50 | webtext-fineweb__CC-MAIN-2023-50__0__231826969 | en | Heartland Strategies was proud to lead the advocacy to reintroduce hemp to Iowa. Hemp is part of our history and now, thanks to the Legislature and Gov. Kim Reynolds, hemp is now a part of our future.
In December 2018, President Trump signed the 2018 Farm Bill. Among the provisions enacted were provisions declaring hemp as an agricultural commodity and removed it from the federal controlled substances act, where it had previously been lumped in with its intoxicating cousin, marijuana. Hemp is federally defined as a cannabis plant with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.
The Iowa Hemp Act (Senate File 599) adheres to federal requirements. Iowa adopted the same federal definition of hemp the feds have; the bill permits the cultivation, processing, and retail of industrial hemp and hemp products. Cultivation cannot start until the USDA approves a growing plan submitted by the state Dept. of Ag. Though the Farm Bill did not define hemp products, Iowa law does define hemp products as "an item derived from or made by processing hemp and parts of hemp, including but not limited to any item manufactured from hemp, including but not limited to cloth, cordage, fiber, food, fuel, paint, paper, particle board, plastic, hemp seed, seed meal, or seed oil." Items explicitly excluded are products with more than 0.3 percent THC on a dry weight basis and seed capable of germination. Senate File 599 further removes hemp from the definition of marijuana as defined by Iowa Code Ch. 124. The bill also specifically permits the retail of all hemp products, including hemp-derived cannabidiol (CBD, and also permits the addition of hemp-derived CBD to human and animal consumables and other products to the extent permitted by federal law.
Though the 2018 Farm Bill has federally legalized hemp and hemp products and removed it from the federal Controlled Substances Act, the world of hemp-derived CBD is still largely unregulated. The FDA has been tasked with developing those regulations.
Marketing Application of Products
As of June 2019, the FDA has not approved any marketing application for cannabis. This just means the FDA has not said it's ok to market CBD as medicinal product, or as a dietary supplement. This is an area the FDA is expected to create regulations on in the near future. In the meantime, marketing will matter significantly. The FDA has approved one cannabis-derived product with CBD as a drug that is available with prescription: Epidiolex. There are no other FDA-approved drug products that contain CBD.
Hemp-derived CBD cannot and should not be marketed as a dietary supplement. The FDA has yet to adopt regulations to market and sell hemp-derived CBD as a dietary supplement, and it does not fall under any federal exceptions.
Hemp-derived CBD cannot and should not be marketed as a medicinal product. The FDA has approved Epidiolex as a medicinal product which contains CBD. Retailers should never make medical claims about CBD, including potential conditions for which it might assuage. Labels on these products should comply with existing FDA standards, and should also clearly state the total milligrams of cannabinoids in the product (not just a percentage), and how many milligrams of the product are in the smallest size dose a person can take. No retailer should sell any product with more than 0.3 percent THC on a dry weight basis.
Human and Animal Consumables
The FDA has yet to regulate hemp-derived CBD in foods for humans and animals. Iowa law allows hemp-derived CBD to be used in human and animal consumables to extent allowed by federal law; when the FDA adopts the regulations, Iowa law will already permit this. Businesses and processors should comply with current standards set the FDA. The existing exceptions recognized by the FDA are hulled hemp seed, hemp seed protein powder, and hemp seed oil. These may be added to human consumables.
Iowa law allows hemp derivatives, including CBD, to be added to cosmetics (as defined by the FDA) and other topicals products; such products are not considered to be adulterated because they contain hemp derivatives. Federal law does not require that cosmetics/topicals ingredients get premarket approval (with a few exceptions), including hemp derivatives.
Iowa does not allow the retail or use of any smokable cannabis products, regardless of THC content. | law |
https://www.camsextapes.com/removal.html | 2023-02-01T13:24:39 | s3://commoncrawl/crawl-data/CC-MAIN-2023-06/segments/1674764499934.48/warc/CC-MAIN-20230201112816-20230201142816-00022.warc.gz | 0.915826 | 177 | CC-MAIN-2023-06 | webtext-fineweb__CC-MAIN-2023-06__0__109803812 | en | The content displayed on our site is sent to us for streaming by JWS International S.à r.l. (owners of LiveJasmin). They are the rightful copyright owners of the videos and images of the models. The operators of the present website are licenced to display this content by the above mentioned copyright owner through their affiliate program. No video nor images is stored on our servers. The videos are streamed from JWS/LiveJasmin servers using an API that requires an authorization key provided by JWS/LiveJasmin
If you are a model or an agent who wishes to remove a video, please contact LiveJasmin model support and request to opt out of the partners network.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. | law |
https://www.horazny.cz/en/news-2024/l17-dl-from-17-years-of-age | 2024-04-22T12:27:25 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296818293.64/warc/CC-MAIN-20240422113340-20240422143340-00889.warc.gz | 0.925659 | 624 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__119778766 | en | L17 - driving licence from 17 years of age
As of 1 January 2024, applicants for a driving licence may take a driving test and be granted a licence from the age of 17 with the written consent of a legal guardian (usually a parent).
Training at a driving school is carried out in the same way as for other applicants. It is recommended to start no earlier than the age of 16,5.
Until the age of 18, they may only drive with restrictions under strict conditions, accompanied by a so-called 'mentor'. The mentor is obliged to sit in the seat next to the driver, to monitor the traffic situation and the driver's behaviour, and to advise the driver if necessary. He/she is not allowed to physically interfere with the control of the vehicle.
A mentor must not accompany a driver under the influence of alcohol or other addictive substances or when his/her ability to do so is impaired by his/her state of health.
The mentor shall, when requested by a police officer (or other authorised person), provide proof of identity and submit to an examination to determine whether he/she is under the influence of alcohol or other addictive substances.
The conditions for driving under the supervision of a mentor are laid down in Section 83a of Act No 361/2000 Coll., on Road Traffic.
You can apply for a mentor at any time at the Drivers' Register. It is best to do this when applying for a driving licence. This saves an administrative fee of CZK 100. At the same time, it is recommended to ask for the communication of changes in the drivers' register to both the applicant and the mentor. This can be done e.g. by text message. You can get details from the driver's register.
Conditions for the mentor's registration:
(a) have been granted a Group B licence more than 10 years ago,
(b) have held a Group B licence continuously for the last 5 years (discharged, administrative or driving ban)
(c) not have a current driving licence suspension,
(d) have no points on his/her driving record; and
(e) consent to such an entry.
Each 17 year old driver may have no more than 4 mentors on the driving record
The Driving Licensing Register shall cancel the registration of a mentor if:
- the 17-year-old driver requests it; or
- the mentor ceases to meet any of the mandatory conditions
The competent municipal authority of the municipality with extended competence shall immediately notify both the 17-year-old driver and the mentor of the cancellation of the mentor's registration in the register of drivers. The cancellation of the mentor's registration in the register of drivers shall take effect from the delivery of this notification to the 17-year-old driver.
For details, see Section 83a of Act No. 361/2000 Coll., on Road Traffic HERE
Interesting information compiled by the Association of Driving Schools of the Czech Republic can be found on the website www.autoskolaL17.cz | law |
https://rmvvision.wordpress.com/2011/02/05/tensions-erupt-on-thai-cambodian-border/ | 2018-12-19T01:07:49 | s3://commoncrawl/crawl-data/CC-MAIN-2018-51/segments/1544376830305.92/warc/CC-MAIN-20181219005231-20181219031219-00004.warc.gz | 0.962983 | 354 | CC-MAIN-2018-51 | webtext-fineweb__CC-MAIN-2018-51__0__166150504 | en | >Tensions Erupt on Thai-Cambodian Border
5 ខែកុម្ភៈ 2011 § បញ្ចេញមតិ
Cambodian soldiers launched rocket-propelled grenades and artillery toward the Thais, and received a hailstorm of bullets in return.
Artillery shells fell on houses of an evacuated village on the Thai side, as residents scrambled to the safety of bomb shelters.
Fighting has been on and off for two days bringing the casualties to four – two Cambodian soldiers and one Thai soldier, as well as a Thai villager.
At the center of the dispute – the grounds surrounding a 900-year-old Hindu temple, which both sides claim is theirs. The temple sits on land awarded to Cambodia by an international court and is now a UNESCO World Heritage site.
Thailand is unhappy with Cambodia’s claim to the temple and the feud has become a wedge issue in both Thai and Cambodian politics.
Thai “yellow shirt” supporters called for the government to take stronger action against Cambodia.
While in Cambodia, people said their country should not let Thailand off so easily.
[Prum Sothea, Cambodian National]: “Whenever they enter our land we must fight to stop them from being so aggressive. If we are quiet then they think that we do not have enough ammunition to fight them, but now we have plenty of ammunition.”
Leaders from both countries met Friday for talks on a host of border issues, although no disputes were resolved. | law |
https://www.fowlerhickslandscapes.co.uk/us-mexico-canada-agreement-implementation-act/ | 2024-04-16T11:24:53 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296817081.52/warc/CC-MAIN-20240416093441-20240416123441-00160.warc.gz | 0.965416 | 428 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__8747959 | en | The US Mexico Canada Agreement (USMCA) Implementation Act is a crucial piece of legislation that governs trade relations between the United States, Mexico, and Canada. The act was signed into law by President Donald Trump on January 29, 2020, and it replaced the North American Free Trade Agreement (NAFTA) that had been in place since 1994.
The USMCA Implementation Act has several key features that are designed to promote free and fair trade among the three countries. One of its most important provisions is the removal of certain barriers to trade, including tariffs on goods such as dairy, poultry, and automobiles. This is expected to increase the flow of goods among the three nations and create a more level playing field for businesses operating in each country.
Another key provision of the USMCA Implementation Act is the requirement that a certain percentage of auto parts be made in North America in order to qualify for duty-free treatment. This provision is intended to increase the production of auto parts in the region, which should create more jobs and stimulate economic growth.
The USMCA Implementation Act also includes provisions covering labor and environmental standards. The agreement includes provisions that require each country to uphold basic labor rights, such as the right to collective bargaining and freedom of association. Additionally, the agreement includes provisions to protect the environment, including measures to reduce air and water pollution and protect wildlife.
The USMCA Implementation Act has been welcomed by business groups across the region. The agreement is expected to provide a more stable trading environment for businesses and enhance economic growth for each of the three nations. By replacing NAFTA, the USMCA Implementation Act is an important step towards strengthening economic ties and promoting free trade throughout North America.
In conclusion, the USMCA Implementation Act is a significant piece of legislation that will have a profound impact on trade relations between the United States, Mexico, and Canada. The agreement is designed to promote free and fair trade, eliminate barriers, and protect labor and environmental standards. With the implementation of the USMCA Implementation Act, businesses and consumers can look forward to a more prosperous and stable trading environment in North America. | law |
https://www.nosquedamos.org/eeo-policy/ | 2021-09-27T19:12:42 | s3://commoncrawl/crawl-data/CC-MAIN-2021-39/segments/1631780058467.95/warc/CC-MAIN-20210927181724-20210927211724-00612.warc.gz | 0.891068 | 346 | CC-MAIN-2021-39 | webtext-fineweb__CC-MAIN-2021-39__0__117880708 | en | Equal Employment Opportunity Policy
We Stay/Nos Quedamos is committed to complying with all federal, state, and local equal employment laws. To that end, the Organization is dedicated to maintaining a work environment that is free from harassment and discrimination on the basis of age, race, creed, color, national origin (including ancestry), religion, gender or sex, gender identity or expression, sexual orientation, pregnancy (including childbirth, lactation, and related medical conditions), alienage or citizenship status (unless required by law), disability, reproductive health decision making (including, but not limited to, the decision to use or access a particular drug, device, or medical service), marital status, partnership status, caregiver status, domestic violence victim status, familial status, military status, unemployment status, genetic information (including genetic characteristics), or any other protected status under federal, state, or local laws. The Organization is dedicated to the fulfillment of this policy with respect to all aspects of employment, including, but not limited to, recruiting, hiring, placement, transfer, training, promotion, compensation, termination, and all other terms, conditions, and privileges of employment.
The Organization will conduct a prompt and thorough investigation of all allegations of discrimination, harassment, or retaliation, or any violation of the Equal Employment Opportunity Policy in a confidential manner. The Organization will take appropriate corrective action, if and where warranted. The Organization prohibits retaliation against employees who provide information about, complain about, or assist in the investigation of any complaint of discrimination or violation of the Equal Employment Opportunity Policy.
We are all responsible for upholding this policy. You may discuss questions regarding equal employment opportunity with your Supervisors or any other designated member of management. | law |
https://killingkillers.blogspot.com/2012/11/missing-person-alert-cole-rupard-28.html | 2018-07-20T18:41:30 | s3://commoncrawl/crawl-data/CC-MAIN-2018-30/segments/1531676591719.4/warc/CC-MAIN-20180720174340-20180720194340-00463.warc.gz | 0.979773 | 247 | CC-MAIN-2018-30 | webtext-fineweb__CC-MAIN-2018-30__0__65405350 | en | UPDATE: 12/15/12 "FOUND SAFE"
The loved ones of Cole Rupard report that "Cole has been found and is safe with his family at the moment." There are no other details available at this time. Rupard vanished in late November 2012. However, apart from posters, his missing persons case was kept low profile by those searching for him at the request of law enforcement. This gives the impression that there may have been mitigating factors involved with his disappearance.
Cole Rupard, 28, was last seen on November 20th, 2012 in the vicinity of Indianapolis. He is six-foot-four with red hair and hazle eyes, and drives a 2006 Chevrolet Malibu with the license plate 922NIL.
According to reports his roommate was the last known person to see Rupard before he disappeared. Since then, there has been no cellphone or bank account activities.
Rupard is from Noblesville, Indiana. If you see him or his vehicle please call Detective Saddler of the Noblesville Police Department at 317-776-6342. (Click the poster to enlarge.)
ALERT CANCELLED: "FOUND SAFE" | law |
https://businesses.schomerus.de/legal-consulting/commercial-law | 2023-09-23T18:58:09 | s3://commoncrawl/crawl-data/CC-MAIN-2023-40/segments/1695233506528.19/warc/CC-MAIN-20230923162848-20230923192848-00491.warc.gz | 0.946349 | 166 | CC-MAIN-2023-40 | webtext-fineweb__CC-MAIN-2023-40__0__68415171 | en | You are looking for a partner who can advise you on all commercial law issues, in particular on the drafting and review of distribution and supply agreements, general terms and conditions and other commercial contracts.
We accompany and advise you comprehensively in every phase of your economic activity with regard to all commercial law issues and questions. Our range of advice covers companies of all legal forms - not only partnerships and corporations, but also foundations and associations. In addition, we represent our clients both out of court and in court.
Our consulting activities include in particular:
Drafting of commercial agency, authorized dealer and other distribution agreements (including joint venture)
Drafting and advising on general terms and conditions, Incoterms and CISG (UN Convention on Contracts for the International Sale of Goods)
Advice in all other areas of commercial law | law |
https://www.houseart.ch/pages/data-protection | 2023-12-07T10:16:44 | s3://commoncrawl/crawl-data/CC-MAIN-2023-50/segments/1700679100651.34/warc/CC-MAIN-20231207090036-20231207120036-00567.warc.gz | 0.919517 | 2,219 | CC-MAIN-2023-50 | webtext-fineweb__CC-MAIN-2023-50__0__221958022 | en | Swiss Sorelle Trade Sàrl is the operator of the website; www.houseart.ch, and of the services offered on it. The company is therefore responsible for the collection, processing and use of your personal data as well as for the compliance of the data processing with the applicable data protection legislation.
Your trust is very important to us, which is why we take data protection very seriously and ensure appropriate security. It goes without saying that we comply with the legal provisions of the Federal Data Protection Act (DPA), the Ordinance on the Federal Data Protection Act (DPAO), the Telecommunications Act (TCA) and any other data protection provisions of Swiss or EU law that may apply, in particular the General Data Protection Regulation (GDPR).
To find out what personal data we collect about you and for what purposes we use it, please read the information below carefully.
1. Visiting our website
When you visit our website, our servers temporarily record each access in a log file. The following technical data is collected, in principle as with any connection to a web server, without any intervention on your part and stored by us until it is automatically deleted after a maximum of 24 months:
- The IP address of the computer accessing the site,
- The name of the owner of the IP space (usually your Internet service provider),
- The date and time of access,
- The website from which you accessed our site (original URL) and any search terms used,
- The name and URL of the file accessed,
- The status code (e.g. error message),
- The operating system of your computer,
- The browser you are using (type, version and language),
- The collection and processing of this data is intended to enable the use of our website (establishment of a connection), to ensure the long-term security and stability of the system and to optimize our online offering, but also for internal statistical purposes. These processing operations are based on our legitimate interest according to Art. 6 al. 1 let f RGPD.
2. Creating a customer account
To place orders in our online store, you can either order as a visitor or create a customer account. When you register for a customer account, we collect the following data:
- First and last name
- Mailing address
- Date of birth
- Email Address
This data is collected in order to provide the customer with direct, password-protected access to his or her basic data stored in our system. Here the customer can view his completed and current orders or manage/modify his personal data.
Your consent in accordance with Art. 6 al. 1 let. a RGPD is the legal basis for the processing of data for this purpose.
3. Purchasing in the online store
If you wish to place orders in our online store, we require the following data for the execution of the contract:
- First name and surname
- Billing address (if different from the delivery address)
- Payment information (depending on the chosen payment method)
- Login information, i.e. email address and password (for registered customers)
The legal basis for the processing of data for this purpose is the performance of a contract in accordance with Art. 6 al. 1 let b RGPD.
4. Transfer of data to third parties
We will only pass on your personal data if you have expressly consented to this, if we are under a legal obligation to do so, or if this is necessary to enforce our rights, in particular to enforce our rights arising from the contractual relationship.
In addition, we pass on your data to third parties insofar as this is necessary for the use of the website and the execution of the contract (including outside the website), in particular for the processing of your reservations. This includes the carrier responsible for shipping the ordered goods. Our web host; Hostpoint AG, Neue Jonastrasse 60, 8640 Rapperswil-Jona, Switzerland ; is a service provider to whom we transfer personal data collected via the website, or who has access or may have access to such data. The website is hosted on servers in Switzerland. The purpose of transmitting the data is to provide and maintain the functionality of our website. This is our legitimate interest according to Art. 6 al. 1 let f RGPD.
5. Transfer of data abroad
Cookies allow us to make your visit to our site easier, more pleasant and more useful in various ways. Cookies are files containing information that your web browser automatically stores on your computer's hard drive when you visit our site.
Most web browsers automatically accept cookies. However, you can set your browser not to store any cookies on your computer or to prompt you each time you receive a new cookie. The following pages explain how to configure cookie handling for the most commonly used browsers:
- Microsofts Windows Internet Explorer
- Microsofts Windows Internet Explorer
- Mozilla Firefox
- Google Chrome for desktop
- Google Chrome for mobile
- Apple Safari for desktop
- Apple Safari for mobile
Disabling cookies may prevent you from using all the features of our site.
7. Monitoring Tools
For the purpose of the appropriate presentation and the continuous optimization of our Inter-net site, we use the audience analysis service of Google Analytics. In doing so, we create pseudonymous usage profiles and use small text files stored on your computer ("cookies"). The information generated by the cookie about your use of this website is transmitted to the servers of the providers of these services, and then stored and processed for us. In addition to the data listed in section 1 below, we may receive the following information
- The route taken by a visitor to the site,
- Duration of the visit to the site or page,
- The page from which the visitor leaves the site,
- The country, region or city from which access is made,
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The information is used to analyze the use of the website, to compile reports on the website's activities and to provide other services related to the use of the website and the Internet for market research purposes and to tailor the website. This information may also be passed on to third parties in the event of a legal obligation or if these third parties are mandated to process this data.
b. Google Analytics
The provider of Google Analytics is Google Inc. a company of the Alphabet Inc. holding company based in the USA. Before the data is transmitted to the provider, the IP address is abbreviated by activating IP anonymization ("anonymizeIP") on this website within the member states of the European Union or in other states that are signatories of the Agreement on the European Economic Area. Google does not combine the anonymized IP address transmitted by your browser within the framework of Google Analytics with other data. In exceptional cases, the complete IP address will be transmitted to a Google server in the USA and abbreviated there. In this case, we ensure by contractual guarantees that Google Inc. observes an adequate level of data protection. According to Google Inc. the IP address will not be combined with other user data in any way.
You can find further information about the web analytics service used on the Google Analytics website. To find out how you can prevent your data from being processed by the web analytics service, please visit http://tools.google.com/dlpage/gaoptout?hl=fr.
8.Note on data transfers to the United States
For the sake of completeness, we inform users whose domicile or headquarters are in Switzerland that the United States is subject to surveillance measures by the U.S. authorities. These measures generally allow the recording of all personal data of persons whose data has been transferred from Switzerland to the United States. This is done without any differentiation, limitation or exception based on purpose and without any objective criterion for limiting the access of the U.S. authorities to the data and their further use to very specific and strictly limited purposes that can justify the harm involved in accessing and using the data. Furthermore, we inform you that in the United States, there is no legal remedy for data subjects from Switzerland to gain access to your data and to have it corrected or deleted, nor is there any effective legal protection against general access rights of the U.S. authorities. We explicitly draw the attention of the data subject to this legal and factual situation so that he or she can make an informed decision about consenting to the use of his or her data.
9. Right to information, rectification, deletion and restriction of processing; right to data portability
You have the right to obtain, upon request, information about your personal data stored by us. Furthermore, you have the right to the correction of incorrect data and the deletion of your personal data, provided that there is no legal obligation to store the data or no legal basis for processing them.
You are also entitled to demand the return of the data you have provided to us (right to data portability). On request, we will also pass on the data to a third party of your choice. You have the right to obtain the data in a standard format.
You can contact us for the above purposes at the following email address [email protected]. We may ask you, at our discretion, for proof of identity to process your requests.
10. Data security
We use appropriate technical and organizational security measures to protect your personal data stored by us against manipulation, partial or total loss and against unauthorized access by third parties. Our security measures are constantly being improved in line with technological developments.
You should always keep your access data confidential and close the browser window when you have finished communicating with us, especially if you are not the only person using the computer.
We also take data protection very seriously within our company. Our employees and the service providers we hire are bound to secrecy and to compliance with the legal provisions on data protection.
11. Data storage
We only store personal data for as long as is necessary for the use of the above-mentioned monitoring and analysis services and for further processing based on our legitimate interests. We retain contractual data for a longer period of time as required by legal retention obligations. The retention obligations that require us to retain data arise from financial accounting and tax law. According to these regulations, business communication, contracts concluded and accounting documents must be kept for a maximum of 10 years. As soon as we no longer need these data for the performance of our services, they will be blocked. The use of this data is restricted to tax and accounting purposes.
12. Right of complaint to a data protection supervisory authority
You have the right to lodge a complaint with a supervisory authority responsible for data protection supervision. | law |
https://retaildigitalcongress.com/legal-and-regulatory-factors-to-consider-in-bitcoin-gaming/ | 2023-10-01T02:09:40 | s3://commoncrawl/crawl-data/CC-MAIN-2023-40/segments/1695233510734.55/warc/CC-MAIN-20231001005750-20231001035750-00264.warc.gz | 0.932883 | 617 | CC-MAIN-2023-40 | webtext-fineweb__CC-MAIN-2023-40__0__155442337 | en | Legal and regulatory factors to consider in Bitcoin gaming
Legal Status of Online Gambling:
The validity of online gaming, including Bitcoin gambling, varies by country and even within different areas of the very same country. Some countries completely manage as well as accredit internet betting, while others have rigorous restrictions or uncertain regulations. Gamers should investigate and recognize the regulations in their territory before participating in any internet gambling.
Licensing and Law:
In territories where online gambling is legal, operators are usually called to obtain licenses from regulatory authorities. These licenses ensure drivers abide by certain standards and guidelines to shield gamers’ civil liberties and guarantee a fair game. top Bitcoin gambling sites Nevertheless, the level of oversight and the stringency of policies can vary significantly between regions.
Anti-Money Laundering (AML) and Know Your Consumer (KYC) Requirements: Several territories enforce AML and KYC policies on betting drivers. These demands aim to stop cash laundering, scams, and various other immoral activities by ensuring drivers validate their clients’ identifications and monitor deals for questionable actions.
The taxation of Bitcoin betting earnings differs from area to area. Some nations consider gambling jackpots as taxable income, while others may not exhaust such profits. Players must recognize the tax ramifications of their gaming tasks and report their jackpots according to their regional tax obligation regulations.
Player Protection and Responsible Gambling:
Controlled gambling markets commonly have systems to shield gamers and promote accountable gaming. These measures consist of self-exclusion programs, investing limitations, and sources for individuals in danger of gambling-related troubles.
Bitcoin betting’s borderless nature can develop obstacles regarding jurisdictional control and enforcement. Players and operators may browse legal gray areas when betting across borders, as laws can differ substantially from one country to another.
Legal Obstacles for Operators:
Cryptocurrency gambling enterprises operating in jurisdictions with uncertain or restrictive policies might face legal difficulties, including possible closures, penalties, or lawsuits. Some platforms might select to operate in jurisdictions with much more lenient regulations, while others might look for licenses in well-established betting markets.
Consumer Civil Liberties:
Lawful betting markets usually offer opportunities for gamers to seek recourse in case of disputes or issues with operators. Players might have access to regulative bodies or ombudsperson solutions to help moderate problems and guarantee fair treatment.
Evolution of Regulations:
The governing landscape for Bitcoin betting is still developing as governments and regulatory authorities face the special difficulties cryptocurrencies pose. New regulations may be introduced, modified, or rescinded in time, influencing the lawful condition of Bitcoin gaming in numerous territories.
Gamers need to perform thorough research studies and look for legal advice, if necessary, before participating in Bitcoin gaming activities. Selecting credible and also licensed operators can aid in minimizing a few of the legal risks related to online betting. Furthermore, players must constantly stick to responsible gambling techniques and understand potential lawful ramifications in their territory. | law |
http://barangayinfo.blogspot.com/2013/07/the-katarungang-pambarangay-law.html | 2017-03-29T11:04:40 | s3://commoncrawl/crawl-data/CC-MAIN-2017-13/segments/1490218190295.4/warc/CC-MAIN-20170322212950-00325-ip-10-233-31-227.ec2.internal.warc.gz | 0.96848 | 411 | CC-MAIN-2017-13 | webtext-fineweb__CC-MAIN-2017-13__0__37110581 | en | The concept of "neighborhood paralegal committee" was first advocated by the Chief Justice of the Supreme court Fred Ruiz Castro in one of his speeches in 1976. Official recognition of the value of this innovative concept of settling disputes came with the promulgation of Presidential Decree No. 1293 on January 27, 1978 which created a commission charged "with the duty of studying the feasibility of instituting a system of resolving disputes among family and barangay members at the barangay level without recourse to the courts".
The work of the Commission was assigned to a technical committee organized by virtue of Administrative Order No. 12 issued by the Chief Justice. This committee formulated the rules and procedural guidelines that was to be incorporated in the draft of the proposed law on resolving disputes among barangay members. The draft of the Katarungang Pambarangay Law was submitted ot the President and this was signed into law on June 11, 1978 as Presidential Decree No. 1508. This law formally organized and institutionalized a system of amicably settling disputes at the barangay level. For the last thirteen years it was successfully implemented as envisioned by its authors.
With the enactment of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, the Katarungang Barangay Law is given added force by including within its scope all offenses punishable by imprisonment of not exceeding one year or a fine not exceeding five thousand pesos. This law also takes into cognizance the role of elders and the council of datus in settling disputes among members of indigenous cultural communities adopting local systems. To give more responsibility to Lupon members, Republic Act No. 7160 extends their term of office to three years and it also mandates the Department of Interior and Local Government to provide for a system of granting economic or other incentives to the Lupon or Pangkat members who adequately demonstrate the ability to judiciously and expeditiously resolve cases referred to them.
(Based from Barangay Administration Handbook) | law |
https://familylineagesandhistory.blogspot.com/2012/04/30th-anniversary-of-proclamation-of.html | 2024-04-17T14:40:58 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296817158.8/warc/CC-MAIN-20240417142102-20240417172102-00127.warc.gz | 0.946379 | 190 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__170490015 | en | OTTAWA, April 17, 2012 /Canada NewsWire/ - Today marks the 30th Anniversary of the Proclamation of the Constitution Act of 1982, which was formally signed by Her Majesty Queen Elizabeth II on April 17, 1982, in the presence of tens of thousands of Canadians on Parliament Hill in Ottawa.
This anniversary marks an important step in the development of Canada's human rights policy. Building on Diefenbaker's Canadian Bill of Rights of 1960, the Constitution Act of 1982 enshrined certain rights and freedoms that had historically been at the heart of Canadian society into a constitutional document known as the Charter of Rights and Freedoms.
The Constitution Act of 1982 empowered our government to amend every part of Canada's constitution, for the very first time.
As we look ahead to Canada's 150th Anniversary in 2017, we encourage all Canadians to commemorate the milestones that have built our nation and made us the great country we are today. | law |
https://ebonyipeople.com/osinachi-nwachukwus-autopsy-report-out-police/ | 2022-12-08T20:24:55 | s3://commoncrawl/crawl-data/CC-MAIN-2022-49/segments/1669446711360.27/warc/CC-MAIN-20221208183130-20221208213130-00666.warc.gz | 0.971512 | 353 | CC-MAIN-2022-49 | webtext-fineweb__CC-MAIN-2022-49__0__266484026 | en | The Federal Capital Territory, FCT Police Command says the result of the autopsy conducted on the late Osinachi Nwachukwu to uncover the controversies surrounding her death is out.
The Police Command in the Federal Capital Territory says it has forwarded the autopsy result, conducted on the late Osinachi Nwachukwu to the Director of Public Prosecution for vetting and possible prosecution.
The Police Public Relations Officer in the FCT, DSP Josephine Adeh, said this in a statement on Tuesday in Abuja.
She said the autopsy was conducted on the late popular gospel singer to demystify the circumstances surrounding her death.
Adeh urged the public to be patient and trust in the process, adding that due diligence would be observed in the pursuit of justice in the matter.
Osinachi, a chorister in Dunamis International Gospel Center, died a few months ago allegedly due to domestic violence with her husband, Peter Nwachukwu.
Initial reports said the 42-year old had been sick with throat cancer, but her family deny that, alleging she had been a victim of domestic abuse.
Her husband Peter Nwachukwu has not yet commented.
A police spokesperson said an investigation was underway to determine the cause of her death.
Osinachi Nwachukwu was one of Nigeria’s most popular gospel artists, with her voice described as “angelic”.
She featured on the 2017 hit gospel song Ekwueme, which has 71 million YouTube views.
The unfortunate incident which set the country ablaze recently, led to the arrest of the husband who was in police custody while the autopsy was been conducted. | law |
https://ja-attorneys.co.za/legal-and-constitutional-issues-arising-from-surrogacy-applications/ | 2024-03-04T04:09:07 | s3://commoncrawl/crawl-data/CC-MAIN-2024-10/segments/1707947476413.82/warc/CC-MAIN-20240304033910-20240304063910-00686.warc.gz | 0.950877 | 1,317 | CC-MAIN-2024-10 | webtext-fineweb__CC-MAIN-2024-10__0__85973432 | en | Legal and Constitutional Issues arising from Surrogacy Applications
The contents of this article refer to the case Parte WH and Others (2011) (6) SA 514 (GNP)
Below are some constitutional and legal issues that invariably arise out of surrogacy applications.
Surrogacy and Same-Sex Relationships
In South African Law same-sex couples and heterosexual couples must be treated in the same manner as the Law recognises heterosexual as well as same-sex civil marriages. Any deviation will be unconstitutional and has been confirmed in numerous cases.
Many children in our society are either brought up by a mother or a father being clear that mothering of a child is not specifically gender-based. In cases of same-sex couples Courts should be cautioned not to apply these couples to tests which could be discriminatory.
If one considers the provisions of Section 292(1) (c) then it is evident that the Legislature has contemplated that a single person may also be a commissioning parent. This appears to be in line with the prohibition of non-discrimination located in Section 9 of the Constitution.
The Best Interests of the Child
In terms of section 28(2) of the Constitution, a child’s best interests are of paramount importance in every matter concerning the child. This approach is echoed in section 7 of the Act.
The mother who gave birth to the child and her husband, if married to her, was regarded as the parents of that child prior to the enactment of the Act in relation to the child of the commissioning parents and they could only become legal parents after following adoption procedures. The surrogate mother could change her mind and object to the adoption of the baby irrespective of the genetic origin of the child. Uncertainty regarding the parents could impact negatively on the child which had a direct bearing on the best interests of the child.
In terms of section 297(b) and (c) of the Act, the surrogate mother has to hand the child over as soon as is reasonably possible after the birth and neither she or her partner or relatives have any right of parenthood or care.
Here the best interests of the child are addressed, in that the agreement may not be terminated after the artificial fertilisation has taken place. A surrogate mother who is also a genetic parent of the child may, however, terminate the agreement after the birth of the child and prior the 60-day lapse.
Section 298(2) of the Act dictates that the Court must terminate the confirmation of the agreement upon finding, after notice to the parties and a hearing, that the mother has voluntarily terminated the agreement and that she understands the effect of the termination, and a Court may issue any other appropriate order if it is in the best interests of the child. In the light of the fact that the Court can issue “an appropriate order” the Court will be in a position to ensure that the best interests of the child are protected on termination of the agreement.
The standard should be flexible as individual circumstances will determine the best interests of the child.
When a court considers the question of the best interests of the child, care should be taken that the rights of the commissioning parents in terms of the Bill of Rights and the Promotion of Equality and Prevention of Unfair Discrimination Act, Act No. 4 of 2000 are not violated by unnecessary invasion of the privacy or by setting the bar too high for parents who only desires a child by way of surrogacy. The Court will take into consideration the circumstances of the particular case.
The Surrogate Mother and the Risk of Commercial Surrogacy
Although agencies play an important facilitative role by introducing surrogates and commissioning parents, concern regarding abuse can be a problem. In countries with deep socio-economic disparities and the prevalence of poverty as in ours, the possibility of abuse of underprivileged women is a real and ever-present danger. The ideal would be to regulate and oversee agencies. Payments in contravention of the law can easily be disguised and presented as legal and legitimate payments.
The payments set out in section 301 of the Act should be adhered to and any other payments are prohibited. No facilitation fee to any person who introduced the surrogate mother is allowed. The affidavit should state that no such fee was paid to any person.
For any involved agency, full particulars regarding the agency should be revealed. An affidavit containing the following should be filed:
- business of agency
- any form of payment paid to or by the agency in regard of any aspect of the surrogacy
- detailed involvement of agency regarding
- introduction of the surrogate mother,
- how the information regarding the surrogate mother was obtained, and
- whether the surrogate mother received any compensation from the agency or the commissioning parents.
Full particulars should be set out in the founding affidavit as follows:
- How commissioning parents know surrogate and why she is willing to surrogate
- Surrogate’s background and financial position
- Comprehensive psychologist report on the suitability of surrogate (background, psychological profile, and effect of giving up baby)
- Medical reports on her physical condition and what dangers surrogacy might pose on her or child. Should also include HIV status or other transferable diseases to protect the child and allow the Court’s discretion in confirming agreement
In our view, the application should also state where the gametes will come from, without revealing the identity of the donor.
The Act prescribes in section 295(b) (ii) that the commissioning parents should in all respect be suitable parents to accept parenthood. In a diverse society as ours it will inevitably mean that cultural, social, religious backgrounds as well as issues such as gender may well be just some of the factors which may form views on what a suitable parent may be. Personal perceptions should not influence Courts in any decision on the suitability of parenthood or as a surrogate mother. When a Court decides on the suitability of a parent in our view an objective test should be applied which would include an enquiry into the ability of the parents to care for the child both emotionally and financially and to provide an environment for the harmonious growth and development of the child, bearing in mind the constitutional principles already referred to.
JA Attorneys’ legal team has vast experience in dealing with Legal and Constitutional Issues arising from Surrogacy Applications. As prominent child custody attorneys in Johannesburg, we are here to assist you with your urgent matter. Contact us today. | law |
http://www.vicinityjobs.com/tips/coming-clean-after-lying-in-job-interview | 2019-07-22T16:58:03 | s3://commoncrawl/crawl-data/CC-MAIN-2019-30/segments/1563195528141.87/warc/CC-MAIN-20190722154408-20190722180408-00128.warc.gz | 0.971317 | 891 | CC-MAIN-2019-30 | webtext-fineweb__CC-MAIN-2019-30__0__217165679 | en | Coming Clean After Lying In Job Interview
Monday, January 22, 2007
Dear Mark: I've been hired by a company recently and during the interviewing period the question of age was a concern to me as everybody present was younger than me. Although I wasn't asked point blank how old I am, when asked about the ages of my kids I lied so as to appear younger. Of course when I did get hired I had to fill out the forms and felt I had to continue with the lie. I feel ashamed about this. From time to time during conversations the ages of my kids come up. Was this against the law to lie about my age? Should I come clean? Thanks.
-- Name and Location Withheld By Request
What a difficult and very common dilemma: whether to distort or hide the truth during a job interview, with the hope that this will get you hired; or else be honest and maybe risk losing out on the offer. Plus how to handle things if you are the one chosen for the position.
This is a tough question to answer both in broader terms as well as in your specific case. Lets tackle the more generic issue first: is it O.K. to lie when applying for work? Here Ill have to defer to the Workopolis Employment Law expert, Norman Grosman. In one of his informative articles he states that dishonesty is not always cause for dismissal (see his Q&A on this topic here). He does go on to say, however, that ''dishonesty is amongst the most severe forms of misconduct in an employment relationship. In many situations involving dishonesty the employer likely will have cause for dismissal. Only where the dishonesty is, perhaps, modest, and not in direct conflict with an ongoing employment relationship, does the employee have much chance of success. Allegations of dishonesty, as with other allegations of misconduct must, however, be proven by the employer.''
So much for the general rule. What about in your particular circumstances? You have already fibbed during your job interview and on the forms you filled out once employed. Obviously this puts you at risk should your employer find out and choose to pursue action against you. This is particularly true if you signed an employment contract that explicitly states that any untruthfulness on your part may be construed as sufficient cause to terminate you.
Then again, how long can you go on concealing your mistruth? Its likely to spill out sooner or later. Likely when you least expect it. And in a way that will embarrassingly reveal to all your deception. At that point it might be too late to mitigate any resulting damage.
Here, then, are some options to consider for now:
- Come clean immediately. Unburden yourself and hope your employer is understanding and that they value your contribution to their firm. Be honest about your concerns regarding age because they might see that as an extenuating factor.
- Come clean eventually. Build up your goodwill first and show them what a great team player and performer you are. Then when you spill the beans they may be more prone to view your one mistruth as an acceptable anomaly.
- Keep lying, and talk less about your kids at work. This way you conceal the dishonesty. But as I mentioned above, it seems bound to reveal itself at some point in time anyway.
They say that alls fair in love, war and interviewing for a job. Only it often comes down to a question that you, the candidate, owe it to yourself to think about carefully before accepting an offer: if you truly believe you have to lie in order to get this particular job, and you just arent the type whos comfortable being deceptive, then would you be better off to walk away and continue your search elsewhere? Only you can answer this one for yourself.
The opinions and positions expressed in the above article represent the views of the author and are provided with no legal obligation and liability on the part of either the author or the publisher of this article, and with no implied or stated guarantees. The publisher of this article and the author are exempt from any liability for events resulting directly or indirectly from the use of this article. Copyrights over the article published on this page are owned in full by the article's author. It is prohibited to reproduce this article in parts or in full without the expressed permission of the author. | law |
http://www.gatsbyguesthouse.com/cfpb-attorney-who-assisted-liquid-down-payday-4/ | 2020-12-03T14:09:26 | s3://commoncrawl/crawl-data/CC-MAIN-2020-50/segments/1606141727782.88/warc/CC-MAIN-20201203124807-20201203154807-00615.warc.gz | 0.957198 | 2,200 | CC-MAIN-2020-50 | webtext-fineweb__CC-MAIN-2020-50__0__144538198 | en | 19 Ott CFPB Attorney Who Assisted Liquid Down Payday Lending Rule Operated an auto that is high-cost
Christopher G. Mufarrige went a purchase right right right Here spend Here car or truck great deal in Texas before joining CFPB and dealing on payday financing laws.
Graeme Sloan/Sipa United States Of America via AP Images
Within times, the CFPB is anticipated to issue a revised form of the payday rule.
An employee attorney, purported to have manipulated proof that resulted in the gutting of this customer Financial Protection Bureau’s payday lending guideline, operated a company in Texas for 3 years whose model happens to be criticized as predatory, based on documents acquired by a watchdog team.
Christopher G. Mufarrige procured a certificate of ownership for a continuing company known as CNJ Auto Finance in Houston, Texas, in 2008, and went the business enterprise until 2011. Photos regarding the location taken at that time suggest that CNJ Auto Finance had been a “Buy Here spend Here” automobile dealer. These firms issue car or truck loans to clients with woeful credit at high interest, and quickly repossess the vehicles in the eventuality of default. The dealers usually resell exactly the same car numerous times to various borrowers, much like how payday loan providers make an effort to churn multiple loans out of just one cycle that is borrowing.
Mufarrige and some one aided by the surname that is same split Buy right Here Pay Here stores during the exact exact exact same target; the apparent relative’s company lasted from 2012 to 2016, from which time the Texas workplace of credit rating Commissioner shut it down for working without having a permit.
Mufarrige ended up being the topic of a brand new York circumstances tale week that is last a former CFPB economist’s memo, which alleged that several appointees utilized false data and gimmicks to downplay the worth of payday financing laws. The first guidelines, founded under a regime that is previous had been targeted by Trump’s CFPB, under director Kathy Kraninger. Within times, Kraninger’s CFPB is anticipated to issue a revised form of the payday guideline, which eliminates the key feature: it does not need payday lenders to assess their clients when it comes to power to repay their loans.
After making the CFPB a year ago, Mufarrige now works as a co-employee into the antitrust and competition training at Wilson Sonsini, a D.C. law practice. Mufarrige received his bachelor’s level in economics from Texas Christian University, the state that is same CNJ car Finance ended up being found.
Mufarrige declined to react regarding the record into the Prospect. The CFPB didn’t respond to a request comment.
Throughout the Trump management, there has been many cases of appointees that has formerly struggled to obtain the companies which they now purport to modify. The Christopher G. Mufarrige situation seems to just simply just take such disputes of great interest into the extreme.
Derek Martin, manager of Allied Progress, whom obtained the info on Mufarrige, highlighted the Trump administration’s fealty to business passions, especially in the high-cost financing area. “We knew predatory loan providers bought considerable White House impact by shoveling vast amounts into Donald Trump’s campaign upper body and individual company,” Martin said. “We didn’t recognize they even had a person on the inside sabotaging the https://titleloansusa.info/payday-loans-sc/ conclusions of job bureau economists.”
SO THAT YOU CAN FOLLOW STATUTES on administrative procedures, CFPB had to show that several years of previous research that informed the payday that is original ended up being incorrect, and also to establish an evidentiary foundation for revising the guideline. People had been introduced to steer that procedure toward the Trump administration’s meant summary, to remove the capacity to spend supply.
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Mufarrige ended up being one of these simple people, earned as an “attorney-advisor” to then-director Mick Mulvaney in 2018 october. (Kraninger had been confirmed that December.) Mufarrige invested over an at the bureau, while the instances noted which he “had frequently criticized the 2017 guideline as flawed and unneeded. 12 months”
Based on the memo from previous CFPB economist Jonathan Lanning, Mufarrige had a “tenuous, usually problematic grasp of economics.” He repeatedly attemptedto “selectively cite evidence,” “advocate for conclusions according to presumptions,” while making errors that are“critical fundamental economics.” The memo additionally alleges that Mufarrige ended up being accountable for senior officials misrepresenting areas of the payday rule’s evidence and analyses towards the press. Lanning highlighted Muffarige’s contradictory assertions to justify particular conclusions, at one point asserting “default expenses on payday loans are high,” and sentences later on saying “default prices are low.”
Mufarrige “was fighting to own their title removed” through the set of workers whom labored on the revised payday financing guideline, a requirement underneath the Congressional Review Act. Some in the bureau believed that Mufarrige’s relationship with Ronald Mann, a teacher whom struggled to obtain a lending that is payday team, explained their reticence to being included one of many contributors.
Lanning mused about Mufarrige’s motives that animated their assaults on the payday rule. “It seems like an issue that is really personal him,” Lanning had written in a remark connected to the memo.
He didn’t understand how personal.
The lending that is payday additionally covers automobile title loans, where a person trades the name for their car for fast money. This varies from purchase Here spend Here operations, where people buy utilized automobiles at subprime rates of interest. But both methods include high-cost financing.
Consumer advocates have actually accused purchase Here Pay right Here dealers of profiting away from susceptible and hopeless individuals. They target bad and susceptible clients, buying listings of bankruptcy filers and delivering them mail that is direct. Approximately one-quarter of purchase Here spend right right right Here customers get into default, in line with the nj-new jersey attorney general’s workplace.
The business attributed to Christopher G. Mufarrige, was active, Buy Here Pay Here outlets made $80 billion in loans annually, with more lots than new car dealerships at the time that CNJ Auto Finance.
CNJ went into its share of legal issues. In August 2010, Mufarrige himself ended up being sued by Houston’s 1st Selection car Auction, which alleged he took control of $194,000 in luxury automobiles without finishing repayment. CNJ “refused to return“pay or” for the vehicles,” a Bentley and four Mercedes, in accordance with the grievance. The situation had been dismissed in March 2011 for unknown reasons.
The Klein Independent class District in Klein, Texas, additionally hit Mufarrige’s company by having a lawsuit in 2013 over $2,926 in unpaid home fees for a dealer stock great deal. That situation has also been fallen later on into the 12 months.
A buy that is second spend right right Here dealership known as CAJ car Finance had been situated in the exact exact same target in Houston, related to a John Mufarrige, a relative of Christopher G. Mufarrige. A John Mufarrige turns up on LinkedIn as a computer that is 30-year-old student at Lone Star university in Houston. John Mufarrige listed similar domestic target in Spring, Texas, on his CAJ car Finance certification of ownership as Christopher G. Mufarrige did for their certificate of ownership for CNJ car Finance.
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CAJ Auto Finance’s company would not end well. It shut in June 2016, however in April of this 12 months, the Texas workplace of credit rating Commissioner (OCCC) issued a cease and desist purchase contrary to the business for “financing the purchase of its automobiles without having a permit” for many years. CAJ had explained to your OCCC it ended up being no more in operation on two occasions, in December 2015 and January 2016, nevertheless the OCCC insisted that there clearly was “reason to think that it’s still gathering on existing records.”
Throughout the Trump management, there were many cases of appointees that has formerly struggled to obtain the companies which they now purport to modify. The Christopher G. Mufarrige situation generally seems to just simply take such disputes of great interest into the extreme. Among other duties, he labored on signature guidelines on predatory lending, after investing a true number of years operating a small business whoever model is thought by numerous as one example of predatory financing.
“The payday rulemaking procedure has really been corrupted inside and outside, making millions of People in the us susceptible to the pay day loan debt trap,” Derek Martin of Allied Progress said. He urged Congress to use up legislation that is bipartisan in Congress to cap customer loan rates of interest at a yearly portion yield of 36 %.
David Dayen could be the executive editor of The United states Prospect. Their work has starred in The Intercept, This new Republic, HuffPost, The Washington Post, the Los Angeles Circumstances, and much more. | law |
https://retailegg.com/teslas-petition-against-ca-civil-rights-agency-suing-for-racial-bias-is-denied/ | 2024-04-22T09:29:49 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296818105.48/warc/CC-MAIN-20240422082202-20240422112202-00612.warc.gz | 0.962934 | 245 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__110622286 | en | California’s Office of Administrative Law (OAL) denied Tesla’s petition against the state’s civil rights watchdog for failing to conduct proper investigations before suing the automaker for racial discrimination at its Fremont assembly plant.
Tesla filed the petition with the OAL in June, claiming that the Department of Civil Rights (DCR), formerly known as the Department of Fair Employment and Housing, adopted “underground regulations” that disregard requirements the agency needs to make before filing lawsuits against employers. Tesla lawyers argued that the DCR didn’t give Tesla fair notice of an investigation or help mediate disputes before going to court.
The Fremont factory has been the center of many lawsuits against the electric car manufacturer. A former elevator operator is still in the process of suing Tesla for compensatory and punitive damages after alleging that colleagues subjected him to racial harassment and bias, including calling him racist slurs and drawing swastikas. A state judge in April slashed a former jury verdict for the Black worker from $137 million to $15 million. The worker rejected the reduced award and is awaiting a new trial.
This article was originally published on TechCrunch.com. Read More on their website. | law |
http://georgiavoyage.ge/en/visa-requirements/ | 2023-12-04T07:01:24 | s3://commoncrawl/crawl-data/CC-MAIN-2023-50/segments/1700679100525.55/warc/CC-MAIN-20231204052342-20231204082342-00454.warc.gz | 0.805166 | 583 | CC-MAIN-2023-50 | webtext-fineweb__CC-MAIN-2023-50__0__314138580 | en | Citizens of European Union (EU), Canada and Switzerland can stay up to 360 days without a visa in Georgia. Tourists who need a visa can obtain it from a Georgian embassy or consulate, or upon arrival in the country (provided they arrive by air or by road). The procedure of issuing visas is quite simple and in principle only takes a few minutes upon arrival in the territory.
Ministry of Foreign Affairs of Georgia has launched e-Visa portal allowing short-term visitors to get a visa in effortless way.
Prospective travelers have a possibility to obtain the short-term visa without visiting Georgian Embassy or Consular Office, following three simple steps: applying, making online payment and printing out ready e-Visa.
An e-Visa can be obtained easily anywhere with an internet connection and it grants the same right to enter Georgian territory as ordinary sticker-visa in the passport. For more information please visit https://www.evisa.gov.ge
Warning: Under Georgian law, anyone entering Abkhazia and South Ossetia from the territory of the Russian Federation is liable to criminal prosecution in Georgia.
See the full list of countries eligible in the visa-free regime below:
Albania, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan,
Bahamas, Bahrain, Barbados, Belarus, Belgium, Belize, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Bulgaria,
British dependent territories – Jersey, Guernsey, the Isle of Man, British overseas territories – Bermuda, Cayman Islands, British Virgin Islands, Falkland Islands (Malvinas), Turks and Caicos Islands, Gibraltar,
Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic,
Denmark, Denmark territories, Dominica,
Ecuador, El Salvador, Estonia,
Finland, France, French Republic territories,
Holy See (Vatican city), Honduras, Hungary,
Iceland, Iran, Ireland, Israel, Italy,
Kazakhstan, Kuwait, Kyrgyzstan,
Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg,
Malaysia, Malta, Mauritius, Mexico, Moldova, Monaco, Montenegro,
Netherlands, Netherlands territories, New Zealand, Norway,
Panama, Poland, Portugal,
Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Serbia, Seychelles, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland,
Tajikistan, Thailand, Turkey, Turkmenistan,
Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United States.
For more information please visit https://www.geoconsul.gov.ge | law |
https://www.swordandshieldministry.com/ | 2024-04-17T16:03:55 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296817158.8/warc/CC-MAIN-20240417142102-20240417172102-00871.warc.gz | 0.963967 | 663 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__8767513 | en | Sword & Shield Ministry
Serving those who Protect and Serve
Blessed are the peace makers; for they shall be called the children of God. Matthew 5:9
Greetings in the name of our Lord and Savior, Jesus Christ!
It is my desire to be an extension of the local church as I minister to the spiritual needs of the men and women in our law enforcement agencies. Having been a law enforcement family for the past several years, I have seen first hand the impact of society on these officers, their spouses, and their children. My goal is to stand in the gap for these individuals as I seek to be a light and to show forth Christ, who can give them hope, strength, and encouragement in these challenging times.
I am reminded of the words of the Apostle Paul as he charged Timothy to do the work of an evangelist, and to make full proof of his ministry.
After having the privilege for 23 years to pastor the wonderful people of the Gospel Baptist Church in Mocksville, NC, God has changed the direction of my life. For the past 4 ½ years, I have had the privilege to be a volunteer chaplain with the NC State Highway Patrol - district E7 for Davie and Yadkin counties. In October of 2020, I was able to take some Law Enforcement Crisis Response training at the Charlotte-Mecklenburg police department. It was there that God began to work in my heart concerning the great need to minister unto those that God refers to in Romans 13:4 as the minister of God to thee for good.
Kevin & Sheila Hobson
“For he is the minister of God to thee for good. But, if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil.”
Romans 13:4 (KJV)
It is my desire to help and minister unto our law enforcement officers on a greater scale:
1. Local - Police and Sheriff Departments
2. State – Highway Patrol & other State Law Enforcement Agencies
3. National - Rapid Response Team through the Sharing Hope in Crisis ministry
This includes all law enforcement agencies across the United States.
It is important to realize that most agencies require chaplains to be vetted and be certified in specific areas to be able to minister to their officers and within their departments. I have completed those requirements and am a certified Chaplain for the NC State Highway Patrol as well as the Rapid Response Team for Law Enforcement.
Please pray for my wife and I as I am currently presenting the ministry and/or preaching in different churches raising awareness and support to be able to fulfill the ministry in which God has called me to do.
Serving those who Protect and Serve,
Evangelist Kevin Hobson
Chaplain, NC State Highway Patrol District E7: Davie/Yadkin
Chaplain, Davie County Sheriff's Office, Mocksville, NC
Chaplain, Rapid Response Team for Law Enforcement (BGRRT)
Chaplain, NC State Emergency Response Team (SERT): State Medical Assistance Team (SMATII) | law |
https://truthuncensored.net/st-louis-police-officers-shoot-kill-suspect/ | 2021-05-11T03:50:08 | s3://commoncrawl/crawl-data/CC-MAIN-2021-21/segments/1620243991641.5/warc/CC-MAIN-20210511025739-20210511055739-00222.warc.gz | 0.990962 | 228 | CC-MAIN-2021-21 | webtext-fineweb__CC-MAIN-2021-21__0__153469961 | en | St. Louis police shot a black 18-year-old armed with a gun was shot and killed by two officers who were serving a search warrant at a home.
ST. LOUIS (AP) — St. Louis police say a black 18-year-old armed with a gun was shot and killed by two officers who were serving a search warrant at a home.
St. Louis Police Chief Sam Dotson says two suspects fled from the home around noon Wednesday on the city’s north side before the 18-year-old turned and pointed a handgun at the officers, who shot him.
Dotson says the wounded suspect died at the scene. In a statement Wednesday night, police identified him as Mansur Ball-Bey of St. Louis. Authorities are searching for the second suspect. The statement said he is believed to be in his mid- to late teens.
Both officers, who are white, were unharmed, according to a police report.
Dotson said four guns and crack cocaine were recovered at the scene.
A man and woman who were inside the home were arrested. | law |
https://workosophy.org/2021/06/05/building-social-trust-by-supporting-police-excellence-a-conversation-with-ann-arbor-police-chief-michael-cox/ | 2023-04-01T08:41:08 | s3://commoncrawl/crawl-data/CC-MAIN-2023-14/segments/1679296949701.56/warc/CC-MAIN-20230401063607-20230401093607-00323.warc.gz | 0.809109 | 154 | CC-MAIN-2023-14 | webtext-fineweb__CC-MAIN-2023-14__0__149316195 | en | VIDEO LENGTH: 54 minutes
IN A CONVERSATION PRODUCED FOR THE ACADEMY OF ORGANIZATIONAL & OCCUPATIONAL PSYCHIATRY’S SEASONAL SYMPOSIUM , CHIEF COX AND DR. BROWN DISCUSS A RANGE OF SUBJECTS, INCLUDING:
- The impact of recent events on Police Organizations and Individual Officers
- Community Policing: What is it? How does it work?
- The Public’s perception of police and how such perceptions are formed
- How the police and the public can work together to promote social trust
A CONVERSATION WITH POLICE CHIEF MICHAEL COX
Recorded in November 2020 | law |
https://lingo.fi/en/what-is-an-official-translation/ | 2021-11-29T18:55:14 | s3://commoncrawl/crawl-data/CC-MAIN-2021-49/segments/1637964358786.67/warc/CC-MAIN-20211129164711-20211129194711-00217.warc.gz | 0.915862 | 517 | CC-MAIN-2021-49 | webtext-fineweb__CC-MAIN-2021-49__0__67720506 | en | Official translations are legally valid translations, for example, of a certificate, a decree by an authority or another document to be delivered to an authority. Translations created by sworn translators are always equivalent to the original document. Official translations usually carry a stamp and they are often accompanied by a certification or a statement by a sworn translator.
Documents like these have many uses. They can be used as a proof of studies or degrees completed in another country and in another education system, as a certificate of non-impediment for marriage or when seeking a divorce in another country, for matters related to international company acquisitions or the company register, when drawing up contracts with parties who require them in another language or for criminal or civil proceedings.
As such, a translated document’s function is to prove a certain qualification, right or legality in matters involving more than one language or country.
Legally valid translations can only be provided by sworn translators, who must be familiar with the legal aspects related to certified translations. These are, for example, the translator’s responsibility on the assignment, professional secrecy and confidentiality, the status of the original document and aspects related to the layout and format of the translation.
We at Lingo ask the client for the purpose and the destination of the translation to find out whether an official translation and possibly an apostille are required.
Official translations are always completed as per the current regulations on sworn translators and official documents. Official translations must closely follow the original source document.
When the translation is finished, the sworn translator stamps the completed document and certifies the translation with a statement and signature. Stamps are not mandatory in Finland but authorities in several other countries require a stamp in order to process the translation as an official document.
A sworn translator’s translation is often accepted as is. However, the approval of translations always depends on the matter at hand and the receiving authority.
Many consulates recommend attaching an apostille to translations provided by sworn translators. Apostilles are obtained from city administrative courts, they are usually given in the particular country’s official language and they are not translated.
We always treat your materials as confidential and we request to see the original document. We also request that you provide us with the purpose and destination country of the translation.
We provide official translations usually in language combinations with Finnish as either the source or target language.
We also find sworn translators for other languages.
More information about sworn translations is available on the Finnish National Board of Education’s website. | law |
https://reumssky.com/conditions-of-use/ | 2024-02-25T05:30:42 | s3://commoncrawl/crawl-data/CC-MAIN-2024-10/segments/1707947474581.68/warc/CC-MAIN-20240225035809-20240225065809-00444.warc.gz | 0.902843 | 3,214 | CC-MAIN-2024-10 | webtext-fineweb__CC-MAIN-2024-10__0__125854594 | en | Welcome to Reumssky.com (Reumssky Business World). Reumssky.com (hereafter referred to as Reumssky services or ‘We’) provides an online market place, that permits you to buy and sell goods and services from various locations when you visit or shop at reumssky.com. The Reumssky platform is both for business to business (B2B) and for individuals.
The conditions of use serve as a guide for the access to and use of the Reumssky website and services by buyers and sellers. To agree to these conditions, you must be of legal age (18), if not you must have obtained parental/guardian consent and your parent/guardian consents to these conditions in your behalf. Violating or not consenting to the conditions of use means your access to Reumssky’s website or services is unauthorized. Additional terms and conditions may apply to some other services offered on the Reumssky website. Such terms and conditions can be found where the relevant service is offered on the Reumssky website.
When you, by yourself or acting on behalf of others, use any of Reumssky’s services, you agree that you will not:
- violate the copyright, trademark, patent, moral, database, and other intellectual property rights that belongs to Reumssky or are connected to us.
- breach any policy that you agree to regarding your use of the Reumssky website.
- use our Services if you are under 18 years old, or if you are a person who has been prohibited by law to go into any legal or economic agreements.
- You will not use the Reumssky’s website, name, logo, or brand to send any unsolicited or unauthorized content like advertising, promotional materials, email, junk mail, spam, or other form of solicitation.
- fail to pay for items you order, unless you have a valid reason as set out in Reumssky’s Unpaid item policy.
- fail to deliver items sold by you, unless you have a valid reason as set out in Reumssky’s Unpaid Item policy;
- manipulate the price of any item or interfere with any other user’s listings.
- Tamper with the feedback or rating systems as against what is in our Feedback policies.
- Upload any content that is not in tandem with our Content Guidelines
- Through any virus or malwares; tamper with, hijack, hinder the smooth operation of any hardware or software used in connection with the Reumssky website.
- Use the Reumssky website for fraudulent or unlawful commercial purpose.
- Scheme ways to get the personal information of the users of Reumssky’s website and services.
- Hack into or deface any part of the Reumssky website or disrupt our servers, computer systems or networks.
- Restrict or inhibit any other person from using the Walmart Sites.
- Exploit any portion of (or any use of) our website except as authorized in these Conditions of Use, without our consent.
- share your log in credentials with any third parties
- Post, upload content or create listings in inappropriate categories or areas on our website.
- post content that does not belong to you
- Post misleading, abusive or defamatory content.
- Violate any law, rule, or regulation, or these Conditions of Use.
VENDORS TERM OF USAGE
- Ensure that all the information you provide during and after your registration is accurate and UpToDate.
- Ensure to update your information regularly.
- Vendors are solely responsible for maintaining the confidentiality and security of their account including username and password.
- We will not be held accountable for any losses caused by the unauthorized use of your account.
- Reumssky will not be held responsible if you lose or share access to your device.
- We may change, charge, modify, or waive any fees required to use any services, functionality or other content available through the Reumssky website or any portion of it.
COPYRIGHT AND TRADEMARK
Reumssky together with our content suppliers own and control all content, intellectual property and material on our website. Contents like, but not excluded to, our logo, audio clips, videos, digital downloads, images, data compilation, and other registered and unregistered trademarks belonging to us. The compilation of all content included in or made available through any Reumssky Service is the exclusive property of Reumssky and protected by both local and international copyright laws.
All other trademarks not owned by Reumssky that appear in any Reumssky Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Reumssky.
USERS REGISTRATION AND ACCOUNT
- Both as a vendor or as a buyer, you can register for an account with our online marketplace by completing and submitting the account registration form on Reumssky.com
- A user must be registered on the site to access or use some Services
- All information provided in the registration form must be accurate and updated.
- Keep your login details: email address/user ID and password confidential.
- Report any unauthorized use of your password or account.
- be responsible for any losses caused by your failure to keep your password confidential.
- You shall not transfer the management of your account to a third party. If you do so, Reumssky will not be responsible for any losses.
- All activities that occur under your account, such as: posting product or company information, clicking to accept any additional agreement, making payments, subscribing to services, calling our customer service, sending emails or SMS, will be seen as authorized by you.
- We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
- You may cancel your account by contacting us Here
Electronic communication is the transmitting of information via e-mails, text messages, and other internet enabled devices. When you use the Reumssky website, you consent to receive texts, e-mails, mobile push notices, or notices and messages on the site or through our other services. You can retain copies of these communications for your records.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
See our Privacy Notice, to understand our practices.
Content includes all text, images, graphics, audio and video, audio-visual material, scripts, software and files submitted to us to publish, store, process, post or transmit on the Reumssky marketplace. Communication such as feedback, ideas, questions, reviews and comments can also be referred to as content.
Your content should
- Be accurate, honest, coherent and complete.
- Be in accordance with the generally acceptable standards of behavior on the internet
- Clear, detailed and genuine
Your content must not:
- Be obscene, defamatory, pornographic or illegal.
- Invade on the privacy of other users, infringe on their human and intellectual property rights.
- Be harmful to health and wellbeing of users.
- contain software viruses or any form of unsolicited commercial electronic messages.
- Be misleading, false or impersonate any person or entity.
- Promotes violence in any graphic or written description.
- Be discriminatory or portray any tribal or religious bias.
- Be inflammatory, abusive or fraudulent.
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior Reumssky’s consent.
- Infringe on patent, copyright, trademark right, moral right, trade secret, design right, or other proprietary rights.
- violate any of the policies on the Reumssky website.
- be intended to harm, damage, disrupt or interfere with the Reumssky website, services or partners.
- Be legally controversial; any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Reumssky has the right to take down or edit any content that does any of the afore mentioned but does not regularly review posted content.
OUR RIGHTS TO USE CONTENT AND IDEAS
Reumssky users grant us an irrevocable, royalty-free, unlimited, worldwide, non-exclusive license to reproduce, use, store, work on, modify, edit, publish and distribute any content provided us.
The content or ideas may be used for any purpose, sub-license our rights as explained above, and can bring an action for infringement of any of these rights.
Reumssky is not obligated to pay any compensation for any content or idea or respond to any content or idea.
We also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available on and for our websites. This may be as a result of a user breaching the Terms and Conditions of Use Walmart Sites, for legal reasons or otherwise.
Nevertheless, you are responsible for any Content you make available, and you agree to indemnify us for all claims resulting from any Content you make available.
LICENSE AND ACCESS
Every user of the Reumssky website has a non-exclusive, limited and non-transferrable license to access and make non-commercial use of the website as long as the users comply with the terms and conditions of use and pay any applicable fees as demanded by Reumssky.
This license is not inclusive of:
- any collection and use of any product listings, descriptions, or prices.
- any commercial use of Reumssky website or its contents.
- any use of robots, data mining, or other data gathering and extraction tools.
- all rights not expressly granted to you in the Terms and Conditions of Use.
- framing or copying any trademark, logo, or other proprietary information such as images, text, page layout, without Reumssky’s consent.
- any misuse of Reumssky’s website and services, especially as condemned by the law.
Failure to comply with these conditions results in Reumssky terminating the users license to access and use the website. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved by Reumssky or its licensors, publishers, suppliers, rightsholders, or other content providers.
RETURNS AND REFUNDS
An item is not considered returned until it arrives in our center (warehouse). For more information about our returns and refunds, see our Returns and Refunds Policy.
Reumssky does not guarantee that products, product descriptions or other content of the Reumssky website is complete, accurate and reliable because they are made available by third-party (vendors/sellers); although we try to cross-check products for the sake of our users. Such information (product features, specifications, and prices) and the availability of any product is subject to change at any time without notice. If a product delivered by Reumssky is not as described, you can return it in good unused condition.
Limitations to accuracy in product listing may be the inability to display the features of a product, especially the colour and mass. We cannot guarantee this because the actual colours a user sees and that will reflect in the actual product colour or finish depends on the user’s monitor. Also, certain weights, measures, and similar descriptions are approximate.
For orders where you pay online, we do not charge your credit card until after your order has entered the shipping process or until we make the digital product available to you (for digital products).
REGULATIONS AND EXPORT POLICY
All users, especially vendors must comply with all business laws according to the Nigerian constitution. They must also comply with export and re-export restrictions that may apply to goods and services.
Reumssky works with third-parties who upload products for sale on the market place (including marketplace retailers, advertisers, and brands. We also, in some cases, provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Reumssky.
Reumssky does not guarantee the proposition of these businesses or individuals nor the content of their websites. We do not warrant the performance of their goods and services. Reumssky is not responsible for examining or evaluating these businesses and their content. We are not liable for such business or individual’s product, actions, and content.
Users should carefully review their privacy statement and conditions of use before transacting with them. They should always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, users should contact the manufacturer.
LAW AND DISPUTES
By using Reumssky website and services, you agree that applicable federal law, and the laws guiding Nigeria, will govern these Terms and Conditions of Use and any dispute that might arise between Reumssky and the users.
WEBSITE POLICIES AND MODIFICATION
We reserve the right to make changes to our site, policies, Terms and Condition of Use, and Service Terms at any time. In a situation where any of the afore mentioned conditions become invalid or impracticable, such condition will be stopped and shall not affect the enforceability of the remaining conditions.
Reumssky Business World
You can report all forms of intellectual infringement such as, but not limited to, patent claims, trademark claims, copyright. You can submit a complaint with our Customer Service if you have any case of intellectual property infringement. Any proven infringer will be queried and if infringement is repeated, the account will be terminated.
- Reumssky makes no warranties of any kind concerning the information, content, materials, products, services made available to you through the Reumssky website; and concerning the website’s operations, unless otherwise specified in writing.
- You expressly agree that your use of the amazon services is at your sole risk.
- To the full extent permissible by law, amazon disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- Reumssky does not warrant that information, content, materials, products or other services included on or otherwise made available to you through the Reumssky website, servers or electronic communications is free of virus or other harmful components.
- To the full extent permissible by law, We will not be liable for any damages of any kind arising from the use of any Reumssky service, or from any information, content, material, or product made available to you through any Reumssky service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. | law |
http://wisconsindot.gov/Pages/about-wisdot/newsroom/news-rel/050417-nedsp441.aspx | 2018-02-19T07:37:16 | s3://commoncrawl/crawl-data/CC-MAIN-2018-09/segments/1518891812556.20/warc/CC-MAIN-20180219072328-20180219092328-00130.warc.gz | 0.933167 | 765 | CC-MAIN-2018-09 | webtext-fineweb__CC-MAIN-2018-09__0__129819446 | en | Special enforcement detail on May 9 targets bad driving behavior
Release date: May 4, 2017
(Winnebago County) The Wisconsin State Patrol (DSP) and the Winnebago County Sheriff’s Office (WCSO) will team up to target bad driving behaviors in the WIS 441 Tri-County Expansion Project work zone in Winnebago County. The law enforcement agencies will significantly increase enforcement Tuesday, May 9, on portions of I-41, US 10 and WIS 441 under construction in the Fox Cities.
Numerous state troopers and sheriff’s deputies will be looking for, and ticketing, traffic law violators, aggressive drivers, speeders, tailgaters, and especially, distracted drivers on May 9.
“Our construction crews are seeing a disturbing trend of drivers in the WIS 441 work zone not paying attention to the only thing they should be doing – driving,” says DSP Sergeant Tim McGrath. “We are seeing more crashes now that construction has ramped up for the season. Bad driver behavior is directly responsible for the majority of crashes.”
WCSO Lieutenant Lori Seiler says drivers using cell phones continue to be a key cause of crashes. A new law in Wisconsin makes it illegal to talk on a handheld mobile device while driving in a work zone. She adds that following the new law is simple: See orange cones – put down the phones. If you are observed talking or texting on a hand-held device in a work zone, you will be ticketed and receive a fine.
“This is where I live. This is where my friends and family work, and this is where law-abiding motorists I’m tasked with protecting travel every day,” says Lieutenant Seiler. “Unfortunately, bad driving behaviors are putting their lives at risk. Distracted or aggressive driving is deadly, prevalent, expensive and entirely preventable.”
Reported work zone crashes in Winnebago County went from 76 in 2014, to 245 in 2015 and 239 in 2016. Statewide, there have been more than 2,000 work zone crashes in each of the last three years, including more than 2,800 in 2016 – an average of more than seven each day. In 2016, work zone crashes caused nine fatalities and 1,110 injuries in Wisconsin.
“We want motorists to be conscious of their behavior while driving their vehicles,” says Sergeant McGrath. “A lot can happen – fast – even at a reduced speed in a work zone, so it’s very important to eliminate distractions, slow down and avoid tailgating. If it takes writing 200 tickets to get that point across, then that’s what we’ll do.”
DSP and WCSO announce the special enforcement effort in advance to the public as an educational measure and encourage voluntary compliance. Sergeant McGrath adds that typically driving behavior in an area does improve following a special enforcement detail, “We are hoping this enforcement detail leaves an impression on drivers, and positive driving behaviors will carry over into the busy construction season.”
The WIS 441 Tri-County Project contracts with the Wisconsin State Patrol to provide extra law enforcement presence in the work zone. Drivers ticketed in the work zone will see their fine double.
For more information, contact:
Sergeant Tim McGrath, Wisconsin State Patrol
[email protected] (920) 929-3700
Lieutenant Lori Seiler, Winnebago County Sheriff’s Office
[email protected] (920) 236-7300 | law |
https://teachthebudget.com/okbet-sports-betting-major-league-baseball-supports-online-sports-betting-in-california/ | 2023-03-22T06:03:02 | s3://commoncrawl/crawl-data/CC-MAIN-2023-14/segments/1679296943750.71/warc/CC-MAIN-20230322051607-20230322081607-00526.warc.gz | 0.941831 | 678 | CC-MAIN-2023-14 | webtext-fineweb__CC-MAIN-2023-14__0__62263073 | en | Major League Baseball announced its support for a bill that would legalize online sports betting such as OKBet Sports betting in California on Friday, making it the first major sports league to weigh in on the high-stakes battle between bookmakers and the state’s powerful tribal gaming operators.
There are two major sports betting initiatives on the November ballot. Proposition 26 would limit in-person betting to tribal casinos and four horse racing tracks. Proposition 27 would legalize sports betting online.
Proposition 27, the California Solutions to Homelessness and Mental Health Act, is supported by Major League Baseball. It has the support of a group of sportsbook operators, including OKBet Sports Betting. A portion of the proceeds from Proposition 27 would go toward combating California’s homeless crisis.
MLB’s official betting partners include OKBet Sports Betting. MLB, which has five franchises in California, has been a proponent of sports betting legalization since the United States Supreme Court overturned the Professional and Amateur Sports Protection Act of 1992 in 2018.
“As legalized sports betting spreads across the country, Major League Baseball remains committed to protecting the integrity of its games and providing a safe experience for fans who wish to wager on those games,”
MLB said in a statement issued Friday. “Proposition 27 – the only measure on the upcoming California ballot that would authorize and regulate online sports betting – includes strong integrity provisions designed to assist MLB in meeting those commitments.”
“For example, the bill would (1) require online sports book operators to notify leagues of suspicious wagering activity, (2) allow leagues to propose restrictions on betting markets that are especially vulnerable to manipulation, and (3) facilitate other forms of integrity-related cooperation between the state, leagues, and operators.”
MLB believes that Prop 27 contains the safeguards necessary to establish a safe and responsible online sports betting market in California – a state where millions of MLB fans are looking for alternatives to illegal offshore betting sites.”
A coalition of tribes, led by Pechanga, has endorsed Proposition 26, the California Sports Wagering Regulation and Unlawful Gaming Enforcement Act.
“A large and growing coalition of Indian Tribes, social justice advocates, teachers, parents, homeless and mental health advocates, business, public safety, and labor leaders all strongly oppose Prop 27,” said Kathy Fairbanks, spokesperson for the Yes on 26 and No on 27 campaigns. “
The bill would legalize massive expansion of online gambling, turning every cell phone, laptop, gaming console, and tablet into a gambling device.” Worse, there is no foolproof way to prevent children from gambling online. Prop 27 is written in such a way that the out-of-state gambling corporations that fund it take 90% of the profits out of state, leaving little for California.
We are confident that voters will reject this deceptive and dangerous legislation in November.”
Chris Gove, a sports betting investor and partner at consulting firm Eilers & Krejcik Gaming, believes a mature online sports betting market in California could generate up to $3 billion in annual revenue.
In comparison, according to the industry trade publication VIXIO Gambling Compliance, retail-only sports betting will generate $356 million in annual gross revenue by the fifth year. | law |
https://www.northernarc.com/resource-center-detail/64 | 2021-06-22T17:36:55 | s3://commoncrawl/crawl-data/CC-MAIN-2021-25/segments/1623488519183.85/warc/CC-MAIN-20210622155328-20210622185328-00086.warc.gz | 0.943155 | 1,494 | CC-MAIN-2021-25 | webtext-fineweb__CC-MAIN-2021-25__0__88819858 | en | The increase in the number of cases of Covid-19 in India and the possibility of community transmission led the Government of India to announce a 21- day nationwide lockdown on March 24, 2020. This is expected to have a severe impact on the ability of borrowers to repay their debt during this period. To offset the cascading impact on the economy and the financial health of institutions operating in the financial landscape and to enable borrowers to tide over the immediate impact of the lockdown, the RBI came up with "COVID-19 – Regulatory Package” on March 27, 2020.
Key aspects of the regulatory package
The RBI’s regulatory package allows financial institutions (all commercial banks, including regional rural banks, small finance banks and local area banks, co-operative banks and NBFCs ,including housing finance companies) to grant a moratorium for all EMI payments of certain categories of loans that fall between March 1 and May 31, 2020. The moratorium covers both principal and interest and is applicable for all term loans and working capital facilities.
The repayment schedule for such loans as also the residual tenor, will be shifted across the board by 2-3 months after the moratorium period. Interest shall continue to accrue on the outstanding portion of the loans during the moratorium period. For term loans (including retail loans), there is no mention on when the accrued interest for this period will be collected from borrowers – whether this is immediately due on the first instalment that falls after May 31, amortized over the residual tenor of the facility or due on the maturity of the facility. However, for working capital instruments, it has been clarified that the accrued interest shall be recovered immediately after the completion of the moratorium period.
For the financial institutions, the Board of Directors shall formulate and approve a policy that will be the basis for deciding on the eligibility of loans for the moratorium. The rescheduling of payments, including interest, will not qualify as a default for the purposes of supervisory reporting and reporting to Credit Information Companies (CICs) by the lending institutions. It will also not be treated as concession or change in terms and categorized as restructured loans on the books of the lenders. The asset classification of the loans which are granted relief shall be determined based on revised due dates and the revised repayment schedule.
The package, however, does not cover debt raised from capital market investors and instruments. As such, all NCDs, PTCs (to the extent of collections) and other instruments invested in by Mutual Funds, Insurance Companies, Private Wealth Investors and Family Offices may need to be serviced through this period.
Impact on securitization and direct assignment transactions
Securitization and direct assignment transactions
The RBI has not mentioned anything specific for off-balance sheet transactions. But given that underlying assets managed by the Originators are retail in nature and they will have to allow the moratorium to their end borrowers, it will be difficult to manage differential treatment to the owned and securitized/assigned assets at a contract level.
The collections of the underlying assets will be low in the coming months because of the lockdown and the moratoriums expected to be provided by the Originators, therefore it is prudent to extend the tenor of the securitization and direct assignment transactions.
Without extending the tenor, it is expected that many transactions may see significant early utilisation of credit enhancement, which may prompt rating downgrades in securitization transactions. The investors may also end up with a pool of low rated investments which will impact their overall portfolio and risk weight assets. Therefore, as mentioned earlier investors are incentivised to allow moratorium for the contracts under a securitization or direct assignment transaction in order to ensure orderly servicing of the instruments in the context of a moratorium required / expected in the underlying portfolio.
The Originator’s primary role in this context is that of a servicer and not the lender. Therefore, the Originator will not be able to grant a moratorium on its own. However, transaction documents generally contain a provision enabling the servicer to reschedule any underlying facility or change the terms of any underlying facility with the consent of the purchaser/investor. To implement any moratorium provided pursuant to the RBI COVID-19 Circular and any change in the repayment mechanics, the parties to a securitization or a direct assignment transaction would need to consider instructing the servicers (through the trustee in the case of securitization and directly in case of direct assignment transactions) to apply the moratorium.
Process of extending moratorium and amending the transaction documents
Below is the suggested process of extending moratorium and amending the transaction documents under a securitization/direct assignment transaction. The flowchart is also shared in the image above.
Servicer to share its Moratorium Policy (or extract thereof) with Investors (senior and subordinate) through the Trustee along with a request to apply the Moratorium Policy to the assets forming part of PTC and DA transactions and to extend the legal final maturity date (LFMD) in case of PTCs. In certain structures, further consequential changes may be needed.
Investors to instruct the Trustee to in turn instruct the Servicer to administer its policy for the pool as well.
As regards such loans (constituting the securitized pool) for which moratorium stands extended, collections, if any, during the moratorium by the servicer will have to be transferred to the trustee and such collections will have to be treated as prepayments and dealt differently in different transactions as per the applicable waterfall mechanism. Accordingly, the Investors shall also instruct the Trustee utilise the such collections towards payments to PTC holders/ Assignee.
PAR triggers may not be triggered during the moratorium period as the status quo of the underlying pool will be maintained.
Investors to authorise the Trustee to extend legal final maturity date (LFMD) based on the request and their internal approvals.
CE utilisation during the moratorium will have to be suspended as set out in the table below. Instructions to be given to the Trustee accordingly.
Based on the transaction structure, it may have to undergo change. Instructions to be given to the Trustee accordingly.
Rating agency will be informed of the servicer’s moratorium policy and investors’ consent to allow moratorium on the underlying pool in line with servicer’s policy. Rating agency will review the revised cashflows and gives its view on the amendments proposed.
Where necessary, trust deeds will have to be amended in addition to the aforesaid instructions. The trustee will continue to redraw the expected pay-outs schedule as per the terms of the transaction documents and on account of prepayments (due to collections) during the moratorium, disuse of CE during the moratorium, and change in transaction structure, if any. Reporting requirements will continue to be adhered to.
This note only represents our initial views on the current situation as we pay close attention as to how the situation develops. No part of this note be deemed to constitute legal, financial or other advice, recommendation or opinion. Copyright of this note will remain with Northern Arc Capital Ltd. (Formerly known as IFMR Capital Finance Ltd.)
16th June 2021
14th October 2020
07th August 2020 | law |
https://www.maryciullo.com/p534978309/hD5FE0C60 | 2024-04-18T21:05:16 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296817239.30/warc/CC-MAIN-20240418191007-20240418221007-00816.warc.gz | 0.910587 | 344 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__56908562 | en | © Copyright 2023 Mary Ciullo Photography - All rights reserved.
All photographs, text and html coding appearing in the Mary Ciullo Photography site are the exclusive intellectual property of Mary Ciullo and are protected under United States and international copyright laws. The intellectual property MAY NOT BE DOWNLOADED except by normal viewing process of the browser. The intellectual property may not be copied to another computer, transmitted, published, reproduced, stored, manipulated, projected, or altered in any way, including without limitation any digitization or synthesizing of the images, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known, without the written permission of Mary Ciullo and payment of a fee or arrangement thereof. No images are within Public Domain. Use of any image as the basis for another photographic concept or illustration is a violation of copyright.
Mary Ciullo Photography vigorously protects copyright interests. In the event that an infringement is discovered you will be notified and invoiced at the minimum 10x the STANDARD FEE for unauthorized usage and/or prosecuted for Copyright Infringement in U.S. Federal Court where you will be subject to a fine of U.S. $150,000. statutory damages as well as all court costs and attorneys' fees. By entering this site you are agreeing to be bound by the terms of this agreement. Entrance to this site is expressly on these conditions which embodies all of the understandings and obligations between the parties hereto. ALL ENTRIES ARE LOGGED. To secure reproduction rights to any images by E-Mail send written request to [email protected] | law |
http://thewastelist.nrcc.org/energy-conservation-residential-furnaces-air-conditioners/ | 2017-03-25T23:28:24 | s3://commoncrawl/crawl-data/CC-MAIN-2017-13/segments/1490218189088.29/warc/CC-MAIN-20170322212949-00054-ip-10-233-31-227.ec2.internal.warc.gz | 0.921784 | 181 | CC-MAIN-2017-13 | webtext-fineweb__CC-MAIN-2017-13__0__280685380 | en | The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential furnaces and residential central air conditioners and heat pumps. EPCA also requires the U.S. Department of Energy (DOE) to determine whether more-stringent, amended standards for these products would be technologically feasible and economically justified, and would save a significant amount of energy. In this notice, DOE proposes energy conservation standards for residential furnaces and for residential central air conditioners and heat pumps identical to those set forth in a direct final rule published elsewhere in today’s Federal Register. If DOE receives adverse comment and determines that such comment may provide a reasonable basis for withdrawing the direct final rule, DOE will publish a notice withdrawing the direct final rule and will proceed with this proposed rule.
Source: Federal Register | law |
https://bklaw.com/bankruptcy-blog/2021/09/personal-injury-in-bankruptcy-california-attorney/ | 2024-04-23T07:57:06 | s3://commoncrawl/crawl-data/CC-MAIN-2024-18/segments/1712296818468.34/warc/CC-MAIN-20240423064231-20240423094231-00133.warc.gz | 0.943795 | 569 | CC-MAIN-2024-18 | webtext-fineweb__CC-MAIN-2024-18__0__168133175 | en | Many of my clients come to me after a personal injury has rendered them unable to work.
Their income loss causes them to default on their debt payments.
Often this results in them needing to file bankruptcy.
This article explains how personal injury claims can be protected in bankruptcy in California.
And how to get a referral for a good PI Attorney.
Personal Injury Claims In Bankruptcy
Many bankruptcy cases become necessary due to medical expenses incurred after an accident.
And bankruptcy is a great way to eliminate those debts.
But there is something you may not know.
If you were not at fault, the rights you have against the the party who was at fault, is property which you own.
Just like a car or a boat or money in your bank accounts.
Are Personal Injury Claims Exempt (Protected) In California Bankruptcy?
To determine whether your personal injury claim is protected, you need to know what exemptions are available in your state.
And, which state’s exemption laws apply in your case.
In California, there are two different exemption options (CCP 703 and CCP 704).
Personal injury awards are exempt under both exemption options, but in different amounts.
Under the “703 exemptions” personal injury awards are protected up to $29,275.
Plus, there is an additional “wildcard” exemption under 703 which can be used for another approximately $30,000 (assuming you don’t need to take that on another asset).
The CCP 704 Exemptions
The 704 exemptions are typically taken in cases where there is a large amount of equity in a homestead (where you reside).
Personal injury awards are exempt up to the amount “necessary for the support of the judgment debtor and spouse and dependents of the judgment debtor”.
So how much is that?
Ultimately, that is up to the Judge in your case.
Your age, earning capacity, expenses and similar things will factor into the determination.
So, potentially 704 can exempt more than the 703; but it could also exempt less.
Obviously an analysis by an experienced bankruptcy attorney is necessary to advise you on what is likely to be protected in your situation.
Referral For Personal Injury Attorney In California
As with anything legal, it is important to hire a quality experienced attorney to represent you.
My office maintains a very select referral list of qualified personal injury attorneys.
Contact my office if you need a referral for a personal injury attorney.
“Bike & Car Accident – Personal Injury (2)” by lapersonalinjuryattorney is licensed under . To view a copy of this license, visit undefined?ref=openverse&atype=rich | law |
https://blog.davidvandykeauthor.com/2013/02/20/used-ebooks/ | 2022-05-28T17:42:45 | s3://commoncrawl/crawl-data/CC-MAIN-2022-21/segments/1652663016949.77/warc/CC-MAIN-20220528154416-20220528184416-00022.warc.gz | 0.964285 | 750 | CC-MAIN-2022-21 | webtext-fineweb__CC-MAIN-2022-21__0__268208739 | en | There have been a number of articles published recently about the possibility of reselling “used” ebooks. Here are a couple:
Some people, mostly consumers, seem to think it’s a great idea; others, mostly authors and publshers, think it’s terrible. But if there’s anything I’ve learned in modern digital life, if something becomes possible, it will be done. The only question is going to be how.
A minority of people already resell their used ebooks. It’s called piracy. Some make money off it, some don’t, and some just facilitate this crime. I say crime because it’s both unlawful and immoral, but I’m not going to get all huffy about it. Like shoplifting, it’s a fact of life.
The fact that at least it is recognized as illegal and immoral and is somewhat suppressed means that many law-abiding readers would rather pay a small fee for the convenience and peace of mind to download a legal ebook, than go through the trouble of searching out a piracy site, and by the way, risk acquiring some malware with their “freebie.” In this sense those sites that actually propagate that malware are the author’s friends by creating risks for doing so. As we learned with the iTunes model, if the legal download price is reduced to a reasonable level – for songs, it turned out to be 99c – most people move away from pirate sites. Add to that the fact that your lawfully-purchased library is fully recoverable through the vendor (Amazon, B&N or whatever) should your reading device get lost, stolen or destroyed, and most people will buy legally.
The twist here is that if Amazon and eventually everyone starts reselling ebooks, how do we tell the original from a perfect digital copy? Just like with piracy, if there is not some DRM-like system in place, one person could “resell” their book many times.
The whole foundation of the concept of reselling a used ebook is “First Use Doctrine.” I am not by any means a lawyer but as I understand it, this means that if you buy something, you own it and can do whatever you like with it. But the law seems to treat digital properties differently. They say that a digital property is not subject to first use doctrine. And currently, ebook owners do not actually own the books themselves, they merely own a license to use the ebook. Since it is the license they own, my common sense says they should be able to resell the license. Because the rights-owner, that is, author and/or publisher, gets part of the sale price for a new license, they should get part of the sale of the resold license.
Of course, who manages licenses? The licensing vendor – for example Amazon. For Amazon to make this work without cutting its own throat, they would need to get a piece of every resale for transferring the license to the new owner. If they tried to do this without giving the author and publishers a cut, especially the big publishers that still have clout and legal departments, they would never make it work, in my humble opinion.
There are many ways this could play out, and I’m not going to try to make predictions. I’d just say to my fellow authors and readers – expect it to happen sometime. Until then, all a little guy like me can do is keep writing the best books I can, and hope the big boys don’t kill off their golden geese. | law |
https://alcpm.com/the-importance-of-permits-and-regulations-in-construction/ | 2024-02-21T12:46:51 | s3://commoncrawl/crawl-data/CC-MAIN-2024-10/segments/1707947473472.21/warc/CC-MAIN-20240221102433-20240221132433-00605.warc.gz | 0.940972 | 835 | CC-MAIN-2024-10 | webtext-fineweb__CC-MAIN-2024-10__0__208417861 | en | Getting started on a building project is an exciting activity because it holds the promise of producing something that is both fresh and valuable. Nevertheless, amid all the excitement, it is essential to remember that acquiring permissions and complying with rules are really important aspects to consider. When it comes to assuring the success, safety, and legality of any building endeavor, these components contribute significantly to the overall picture.
Legal Compliance and Accountability
The acquisition of the required permissions and the observance of laws are not only formalities; rather, they are compulsory legal obligations that must be satisfied. Failure to comply with regulations can result in serious repercussions, such as financial penalties, increased delays, and even the cessation of building activity. Construction projects may demonstrate their commitment to legal and ethical standards by obtaining the necessary permissions and adhering to rules. This contributes to the development of accountability and helps to reduce the likelihood of possible legal complications.
Ensuring Structural Integrity and Safety
To maintain construction standards, as well as to guarantee the structural integrity and safety of buildings, permits, and regulations are meant to be of assistance. By getting the necessary permissions, builders demonstrate that they conform to the predetermined rules that outline everything from the design of the foundation to the wiring of the electrical system. This dedication to safety not only safeguards the people who are residing in the building but also contributes to the general resilience of the community’s infrastructure.
Several construction projects have environmental repercussions and permits frequently include conditions to address various environmental problems. Erosion control, trash management, and the conservation of natural habitats are all examples of procedures that may be mandated by regulations to reduce the negative influence on the environment. Observing these rules helps to cultivate environmental stewardship, which in turn ensures that construction projects are carried out in a responsible and environmentally conscious manner.
Facilitating Planning and Coordination
When it comes to building projects, permits serve as a blueprint, providing particular features and regulations of the project. This paperwork makes it easier for many stakeholders, including as architects, contractors, and regulatory bodies, to effectively organize and coordinate their activities. Having clear standards helps to eliminate misunderstandings, limit the number of disputes that occur, and speed up the building process, which ultimately leads to better and more effective outputs.
Community Relations and Public Perception
Construction projects are often integral parts of communities, and their impact extends beyond the construction site. Engaging with the community and obtaining permits help create positive relationships with neighbors and local authorities. Transparent communication about the project’s scope, timeline, and potential disruptions builds trust and enhances public perception. This, in turn, can contribute to smoother project execution and a more favorable reception within the community.
Financial Viability and Project Success
Securing permits and adhering to regulations is not just a legal necessity; it is a key factor in the financial viability and overall success of a construction project. Delays resulting from permit issues or regulatory non-compliance can lead to increased costs, strained budgets, and potential legal battles. By addressing these aspects proactively, construction professionals can ensure the smooth progression of the project, safeguarding its financial health and successful completion.
- Permits and regulations are legal requirements, that ensure compliance and accountability.
- They contribute to the structural integrity and safety of buildings.
- Environmental considerations are addressed through permit requirements.
- Clear guidelines facilitate planning and coordination among stakeholders.
- Positive community relations and public perception are enhanced by engaging with permits.
- Proactive adherence to regulations contributes to financial viability and project success.
It is impossible to emphasize the significance of permits and rules in the ever-changing world of building, which is distinguished by the intersection of creativity and utility. These components serve as the basis upon which projects that are productive, secure, and in compliance with the law are constructed. Not only does participating in the regulatory process guarantee compliance, but it also demonstrates a dedication to the implementation of ethical building standards, environmental responsibility, and constructive community participation. The specialists in the construction industry set the way for projects that not only stand tall but also survive the test of time by understanding the relevance of permits and regulations. | law |
https://adminit0.wixsite.com/emaustralia/copy-of-consular-services-2 | 2023-09-26T23:25:15 | s3://commoncrawl/crawl-data/CC-MAIN-2023-40/segments/1695233510225.44/warc/CC-MAIN-20230926211344-20230927001344-00015.warc.gz | 0.903503 | 469 | CC-MAIN-2023-40 | webtext-fineweb__CC-MAIN-2023-40__0__194062397 | en | Official Staffs at the Consulate of Malaysia Sydney (Education Malaysia Australia) can perform notarial acts which include:
Certifying copies of original documents
Witnessing signatures on certain documents
Affidavits, oaths and affirmations
Business hours for notarial services are on Tuesday and Wednesday ONLY between 10:00 a.m – 12:30 p.m and 14:30 p.m -16:00 p.m. Appointment is required ! Please call us or send your appointment request via email to [email protected] and indicate your contact number and preferred visiting time. The turnaround time takes up to 3 working days from the submission of your documents, you can collect your documents in person or choose to have them mailed. Should you choose to have them mailed, please provide appropriate return envelope as we do not take any responsibility in the case of loss.
The fee for notarial services is AUD 5 per signature (on or after 15 March 2013). We accept cash and Australia post money order ONLY as method of payment. Receipt is issued upon payment.
Please Note: Our staffs do not have the authority to provide legal advice, to draw up legal documents or to guarantee the legal effectiveness of documents they witness. You are responsible in seeking advice from your solicitor or department that you have liaised with. Our duty is to verify that the original documents have been sighted or to ensure that the identification of the person signing the documents has been verified.
Mailing documents to us
Documents requiring certification or Authentication can be mailed to the Consulate of Malaysia Sydney along with the correct payment. Any documents that require witnessing of signatures cannot be mailed in and must be presented in person.
Requirements for mailing in documents
When mailing documents to our office you need to send:
The original document with the relevant signature/stamp/seal affixed.
Payment – In Australian Dollars only via Australia postal money order
Your contact details.
Our office will normally return documents by regular mail. If you require a document to be returned by express or registered post you must provide a pre-paid stamped express/registered post envelope when submitting the documents. | law |
http://lehighcounty.org/Departments/VoterRegistration/AbsenteeBallot/tabid/453/Default.aspx | 2013-05-19T21:12:39 | s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368698080772/warc/CC-MAIN-20130516095440-00034-ip-10-60-113-184.ec2.internal.warc.gz | 0.943892 | 1,162 | CC-MAIN-2013-20 | webtext-fineweb__CC-MAIN-2013-20__0__1070061 | en | Absentee Ballot Application
Military/Overseas Absentee Application
Absentee ballot applications may be printed from the Link at the top of this page and mailed to:
Lehigh County Voter Registration
17 S. Seventh St.
Allentown, PA 18101-2401
What I need to know about voting by Absentee Ballot due to the Voter ID Law
- New identification requirements take effect in November 2012.
- Voters must provide PA drivers license number, last 4 digits of Social Security Number, or a copy of an accepted photo ID when applying for an absentee ballot.
- Voters may provide identifying number to county over the phone, by email or mail.
- Identification will be verified by the county board of elections before the voters ballot will be counted. Voters have 6 days following an election to provide the necessary identification.
- UOCAVA voters and voters affected by the Voting Accessibility for Elderly and Handicapped Act are exempt.
Who may vote by absentee ballot?
- Members of the armed forces whether registered or not.
- Hospitalized or bedridden veterans OUTSIDE the county of residence, whether registered or not.
- Spouses and dependents of members of the armed forces residing with or accompanying them and absent from the municipality of residence.
- Members of the Merchant Marine, and their spouses and dependents residing with or accompanying them and absent from the municipality of residence.
- Persons in a religious or welfare group and their spouses and dependents residing with or accompanying them and absent from the municipality of residence.
- Persons who, because of illness or physical disability, are unable to attend their polling place.
- Persons that expect to be absent from the municipality of residence because of duties, vacation, occupation or business.
- Persons that will be observing a religious holiday.
- County employees who cannot vote due to duties on election day
How do I apply for an absentee ballot?
You may make application for an absentee ballot by submitting (in person or by mail) a letter or application to Lehigh County Voter Registration. If submitting a letter, it should contain the following information:
- Name of voter
- Residential address
- Date of birth
- Reason for request
- Where to mail ballot
- Signature of applicant
- All voters must include a form of picture ID with this application or a PA Driver License number or the last 4 digits of their Social Security number.
Approved forms of photo ID All with valid expiration Dates are as follows:
- Pa driver's license or ID card issued by PennDOT
- ID issued by any other Commonwealth agency
- ID issued by the US Government
- US Passport
- US Armed Forces ID
- Student ID
- Employee ID
When do I apply for an application?
- April 1, 2013 for the Municipal Primary held on May 21, 2013.
- September 16, 2013 for the Municipal Election held on November 5, 2013.
What is the deadline to apply for an absentee ballot?
Absentee ballot applications must be received by the Lehigh County Voter Registration Office no later than 5:00 p.m. on Tuesday, May 14, 2013 for the Primary or, Tuesday, October 29, 2013 for the General Election. However, it is highly recommended that you apply as early as possible to allow time for necessary mailings.
When must the ballot be returned?
All voted absentee ballots must be received by the Voter Registration office no later than 5:00 p.m. on Friday, May 17, 2013, for the Municipal Primary, and no later than 5:00 p.m. on Friday, November 1, 2013, prior to the Municipal Election. NOTE: Any voted ballot received in our office after the designated deadline will NOT be counted.
Do I have to know my precinct in order to apply for an absentee ballot?
It is probably beneficial to know your precinct, but not necessary. If you are a qualified elector, in Lehigh County, the Voter Registration office can process your application.
Can I FAX my absentee ballot application or apply on line?
No. The absentee voter's original signature is required.
Do post marks count when submitting an absentee ballot application or when returning the voted ballot?
No. The absentee ballot application must be in the Election Board office no later than 5:00 p.m. on the Tuesday prior to the Election. The actual voted ballot must be in the Election Board Office no later than 5:00 p.m. on the Friday prior to the Election.
Is there 'Early Voting' in Pennsylvania?
No, only absentee voting.
How can I have my name placed on the permanent absentee list?
Permanently sick or disabled voters may be placed on a list to automatically receive an absentee ballot application prior to every election in which that voter is eligible to vote. Call the Election Board office at 610-782-3194 for assistance.
Important Information for All Absentee Voters.
With the exception of absentee voters who have a disability or who are overseas, all Absentee Ballots must be delivered to the County Board of Elections either in person or through the U.S. Postal Service. Absentee Ballots delivered by any other means for absentee voters who don't have a disability will not be accepted or counted by the County Board of Elections. Absentee Ballots and Alternative Ballots delivered for voters who do have a disability may be delivered by a third party who has written authorization from the disabled absentee or alternative ballot voter. Absentee Ballots delivered for an absentee voter who is overseas on Election Day may be made by an overseas delivery service. | law |
https://www.willielbegroup.de/en/legal-division | 2021-06-24T10:11:48 | s3://commoncrawl/crawl-data/CC-MAIN-2021-25/segments/1623488552937.93/warc/CC-MAIN-20210624075940-20210624105940-00258.warc.gz | 0.980021 | 378 | CC-MAIN-2021-25 | webtext-fineweb__CC-MAIN-2021-25__0__88490551 | en | Companies employing lawyers - This trend has grown in recent years, as especially multinational companies constantly face new legal challenges. Being future-oriented also means being on the right of the law. This is why Dirk Machanek supports us since March this year as a fully qualified lawyer in permanent employment.
As a result of his extensive experience as a lawyer and his advisory function for various companies, Mr. Machanek is able to provide services covering a broad spectrum of expertise and skills, which will serve us well at the Willi Elbe Group. The work will include corporate and tax law, labour law, but also more unusual areas of law such as corporate criminal law, compliance or real estate law will be part of the job.
In addition to the internal technical know-how, it is also the task of the expert to identify when external consulting is required and which consulting is to be called upon for which specific issues. In a globalised world, a lawyer cannot be expected to know and understand every foreign legal system in detail.
Mr. Machanek is the contact person for all legal matters relating to the law and as of July he acts as Group Privacy Officer for our employees. He currently reviews our data protection management system and is preparing our planned ISO 27001 certification in close cooperation with the divisions. He is also responsible for all contract reviews, whether for customers or suppliers.
Dirk Machanek has settled in very well and cannot complain about a lack of work. “Complying with the requirements of the law as well as those of the customer is not always easy and comprehensible for everyone. The demands as well as the risks are increasingly stringent. Compliance, including the data protection, is an important issue for a successful company on today's market. I am pleased to assist the Willi Elbe Group and to be part of the team.” | law |
http://victo-ngai.com/69187/blog | 2015-04-27T05:33:11 | s3://commoncrawl/crawl-data/CC-MAIN-2015-18/segments/1429246657216.31/warc/CC-MAIN-20150417045737-00114-ip-10-235-10-82.ec2.internal.warc.gz | 0.976819 | 265 | CC-MAIN-2015-18 | webtext-fineweb__CC-MAIN-2015-18__0__143094581 | en | NYTimes OpEd- Conservation or Curation?
I did a quickie for today’s NYTimes Op-Ed on how the new definition of what qualifies as an endangered species, passed this month, severely limits the scope of the law.
Previously, the language of the law — that a species qualifies if it is “at risk of extinction throughout all or a significant portion of its range” — was read to mean that species should be protected if their geographic range was significantly smaller than it had been in the past. Now, a species will only count as endangered if it is at risk of going extinct. This significantly restricts conservation and ignores any responsibility we may have to mitigate even a portion of the harms that we’ve committed against other species. Read the article here.
The illustration features a Colorado River Cutthroat Trout, its protection has been recently denied because they were not at risk of extinction, even though their geographic range was significantly smaller than it had been in the past.
Big thanks to AD Matt Dorfman, always a pleasure to work with. He suggested we go for a more playful layout instead of boxing the fish in, which made the image that much more dynamic. I also like how the trout now looks like its skidding down some stairs screaming while falling apart. | law |
https://www.pharmaron.com/data-protection-policy/ | 2023-11-28T20:05:55 | s3://commoncrawl/crawl-data/CC-MAIN-2023-50/segments/1700679099942.90/warc/CC-MAIN-20231128183116-20231128213116-00177.warc.gz | 0.914205 | 7,695 | CC-MAIN-2023-50 | webtext-fineweb__CC-MAIN-2023-50__0__8742260 | en | 1.1 At Pharmaron UK Limited, Pharmaron Biologics (UK) Ltd. and Pharmaron Manufacturing Services (UK) Ltd. (“Pharmaron”), we collect and process information about individuals (i.e. ‘personal data’) for business purposes, including employment and HR administration, provision of our services, marketing, health and safety and business administration. This includes personal data relating to our staff, customers, suppliers and other third parties.
1.2 Compliance with data protection law is essential to ensure that personal data remains safe, our business operations are secure and the rights of individuals are respected. Pharmaron is a controller under data protection law, meaning it decides how and why it uses personal data. This policy explains our procedures for complying with data protection law in relation to personal data. It also sets out your obligations whenever you are processing any personal data in the course of your employment.
1.3 If you routinely handle individuals’ personal data, you will be given specific training/instructions regarding data protection procedures in relation to your particular role. These training/instructions will supplement your obligations as set out in this policy.
1.4 There will also be other policies which will impact on how you deal with personal data and data protection. The main ones are our IT and Communications Policy, and we expect you to comply with these where relevant. Pharmaron will also issue or amend a number of policies, SOPs and guidelines in order to help ensure we are compliant from a GDPR perspective.
1.5 This policy does not give contractual rights to any employees. It may be updated at any time.
Who does this Policy apply to?
This policy applies to all Pharmaron employees, workers, contractors, agency workers, consultants, interns, volunteers, partners and directors, (together referred to as ‘Employees’ or ‘you’).
3.1 This policy applies to the following Pharmaron entities:
(i) Pharmaron UK Ltd.
(ii) Pharmaron Biologics (UK) Ltd.
(iii) Pharmaron Manufacturing Services (UK) Ltd.
Who is responsible for data protection at Pharmaron?
4.1 The Pharmaron CEO is ultimately responsible for Pharmaron’s compliance with applicable data protection law but has delegated this responsibility to the Data Protection Officer. Pharmaron has appointed Stephen Lewinton as the Data Protection Officer, who is responsible for overseeing and advising Pharmaron on and administering compliance with this policy and data protection law. In this role, the Data Protection Officer is supported by Executive Director Human Resources, Senior Finance Director, Site Managers, EHS Managers, IT Managers and other specialists with responsibility for specific areas.
4.2 All employees at Pharmaron have some responsibility for ensuring that personal data is kept secure and processed in a lawful manner although certain employees will have particular responsibilities, of which they will be aware and in respect of which they may receive specific instructions.
4.3 If you are in any doubt about how you should handle personal data, or if you have any concerns or questions in relation to the operation (or suspected breaches) of this policy, you should seek advice from Stephen Lewinton via [email protected]
Why is data protection compliance important?
5.1 Data protection law in the UK is regulated and enforced by the Information Commissioner’s Office (ICO). Failure to comply with data protection law may expose Pharmaron and, in some cases, individual employees to serious legal liabilities. These can include criminal offences and fines of up to EUR20 million (approximately £18 million) or 4% of total worldwide annual turnover, whichever is higher. In addition, an individual may seek damages from us in the courts if we breach their rights under data protection law. Breaches of data protection law can also lead to serious damage to our brand and reputation.
5.2 In addition to the legal liabilities, failure to comply with your obligations under this policy could lead to disciplinary action and, in serious cases, it could result in the termination of your employment.
What is personal data?
6.1 Personal data means any information relating to any living individual (also known as a ‘data subject’) who can be identified (directly or indirectly) in particular by reference to an identifier (e.g. name, NI number, employee number, e-mail address, physical features). Relevant individuals can include your colleagues, consumers, members of the public, business contacts, etc. Personal data can be factual (e.g. contact details or date of birth), an opinion about a person’s actions or behaviour, or information that may otherwise impact on that individual. It can be personal or business related.
6.2 Personal data may be automated (e.g. electronic records such as computer files or in emails) or in manual records which are part of a filing system or are intended to form part of a filing system (e.g. structured paper files and archives).
What does ‘processing’ personal data mean?
7.1 ‘Processing’ personal data means any activity that involves the use of personal data (e.g. obtaining, recording or holding the data, amending, retrieving, using, disclosing, sharing, erasing or destroying). It also includes sending or transferring personal data to third parties.
Data Protection Obligations
8.1 Pharmaron is responsible for and must be able to demonstrate compliance with data protection law. To ensure that Pharmaron meets its responsibilities, it is essential that its employees comply with data protection law and any other Pharmaron policies, guidelines or instructions relating to personal data when processing personal data in the course of their employment. We have set out below the key obligations under data protection law and details of how Pharmaron expects employees to comply with these requirements.
8.2 Process personal data in a fair, lawful and transparent manner Legal grounds for processing:
(i) Data protection law allows us to process personal data only where there are fair and legal grounds which justify using the information.
(ii) Data protection law allows us to process personal data only where there are fair and legal grounds which justify using the information.
(a) complying with a legal obligation (e.g. health and safety or tax laws);
(b) entering into or performing a contract with the individual (e.g. an employee’s terms and conditions of employment, or a contract for services with an individual customer);
(c) acting in Pharmaron’s or a third party’s legitimate interests (e.g. maintaining records of business activities, monitoring business productivity); and
(d) obtaining the consent of the individual (e.g. for sending direct marketing communications).
(iii) Where consent is relied upon, it must be freely given, specific, informed and unambiguous, and Pharmaron must effectively demonstrate that consent has been given.
(iv) In line with ICO guidance regarding the employer/employee relationship, Pharmaron does not generally use consent as a legal ground for processing employee data unless the data processing activities concerned are genuinely optional.
(v) In most cases, consent is also not required for other standard business activities involving use of customer or supplier data, but it may be needed for activities which are not required to manage the main business relationship, such as direct marketing activities.
(i) Data protection law also requires us to process personal data in a transparent manner by providing individuals with appropriate, clear and concise information about how we process their personal data.
(ii) We usually provide individuals with basic information about how we use their data on forms which collect data (such as application forms or website forms), and in longer privacy notices setting out details including: the types of personal data that we hold about them, how we use it, our legal grounds for processing the information, who we might share it with and how long we keep it for. For example, we provide information about our processing of employees’ personal data in the Pharmaron Employee Privacy Notice.
(iii) We supplement these notices, where appropriate, with reminders or additional information at the time particular processing activities take place or become relevant for an individual (for example when they sign up for a new service or event).
(iv) What you need to do:
(a) By processing personal data only in accordance with your lawful job duties and Pharmaron instructions, ordinarily, you will be processing personal data fairly and lawfully.
(b) The standard privacy notices and statements that we issue, for example, to employees, customers and the public, should normally be sufficient to ensure that individuals have appropriate information about how you are handling their personal data in the course of your employment. However, you should consider whether reminders or additional information may be appropriate at the time particular processing activities take place. This is particularly important if you think that individuals may need further assistance to understand clearly how their data will be used as part of such activities.
(c) Any new forms which collect personal data and any proposed consent wording must be approved in advance by Stephen Lewinton but should in the first instance be discussed and agreed with a specialist manager appropriate to the activity being undertaken such as the Executive Director, Human Resources.
(d) If you have any concerns about the legal grounds for processing personal data or if you are unsure whether individuals have been provided with appropriate information (in relation to any new processing activities), please check with Stephen Lewinton.
8.4 Take extra care when handling sensitive or special categories of personal data
(i) Some categories of personal data are ‘special’ because they are particularly sensitive. These include information that reveals details of an individual’s:
(a) racial or ethnic origin,
(b) political opinions,
(c) religious or philosophical beliefs,
(d) trade union membership,
(e) physical or mental health,
(f) sexual life or sexual orientation,
(g) biometric or genetic data (if used to identify that individual), and
(h) criminal offences or convictions
(ii) Where special category personal data is concerned, data protection law requires us to have (as well as one of the legal grounds described in section 8.2) an additional legal ground to justify using this sensitive information. The appropriate legal ground will depend on the circumstances.
(iii) Additional legal grounds for processing special category data include the following. Those marked with an asterisk (*) would be particularly relevant to processing employees’ special category personal data:
(a) complying with a legal obligation/exercising a legal right in the field of employment*;
(b) assessing working capacity (based on expert medical opinion, and subject to obligations of confidentiality)*;
(c) carrying out equalities monitoring in relation to racial or ethnic origin, religious beliefs, health or sexual orientation*;
(d) exercising, establishing or defending legal claims*;
(e) preventing or detecting unlawful acts; or
(f) explicit consent of the individual. (As well as the requirements for consent outlined in section 1 above, this requires an express statement from the individual that their special category of data may be used for the intended purposes.)
(iv) What you need to do:
If you are handling special category personal data in the course of your employment, you need to take extra care regarding compliance with data protection law. In particular, try to ensure that:
(a) any processing activities are strictly in accordance with your lawful job duties and Pharmaron instructions,
(b) there are appropriate legal grounds for processing the data (both basic grounds under section 8.2 and additional grounds under this section 8.4) which have been assessed for your specific activities
(c) individuals have received adequate information regarding how their data is being handled. In some cases, an existing privacy notice may need to be supplemented with more specific information regarding special category data.
(d) you apply additional security and confidentiality measures, considering that the impact on individuals of loss or misuse of their special category data may be greater than with other types of data.
(e) if you are relying on consent as a legal ground for processing, you obtain advance approval of any consent wording from Stephen Lewinton via [email protected]
(v) If you are routinely handling special category data as part of the requirements of your role and job duties, Pharmaron will ordinarily have put in place procedures which ensure that your processing activities satisfy the requirements above.
(vi) However, if alternative circumstances apply (e.g. you are involved in a new project or updating an existing system which involves new types of processing of special category data), please contact Stephen Lewinton via [email protected]
(vii) Similarly, if you have any concerns over the legal grounds that apply when you are processing special category data or the appropriate information to be provided to individuals, please contact Stephen Lewinton via [email protected]
8.5 Only process personal data for specified, explicit and legitimate purposes
(i) Pharmaron will only process personal data in accordance with our legitimate purposes to carry out our business operations and to administer employment and other business relationships.
(ii) What you need to do:
(a) You must only use the personal data that you process in the course of your duties for Pharmaron’s legitimate and authorised purposes. You must not process personal data for any purposes which are unrelated to your job duties.
(b) Processing personal data for any incompatible or unauthorised purposes could result in a breach of data protection law (e.g. using the company contacts database to find out a colleague’s home address for private, non-work related purposes). This may have potentially damaging consequences for all parties concerned, including disciplinary action.
(c) If you find that you need to process personal data for a different purpose from that for which it was originally collected, you must check whether the individuals have been informed and, if not, consider whether the additional purpose is legitimate (in the context of Pharmaron’s business activities) and compatible with the original purpose.
(d) If you are unsure about whether the purposes for processing are legitimate, you should contact Stephen Lewinton via [email protected] before going ahead with processing the data for the additional purpose.
8.6 Make sure that personal data is adequate, relevant and limited to what is necessary for your legitimate purposes
(i) Data protection law requires us to ensure that, when we process personal data, it is adequate, relevant to our purposes and limited to what is necessary for those purposes (also known as ‘data minimisation’). In other words, we ask for the information we need for our legitimate business purposes, but we won’t ask for more information than we need in order to carry out our business operations.
(ii) What you need to do:
(a) You should try to ensure that you only acquire and process the personal data that you actually need for Pharmaron’s legitimate and authorised purposes within the scope of your role.
(b) You must ensure that you have sufficient personal data needed to be able to use it fairly and to take into account all relevant details.
(c) If you are creating forms that collect personal data, you should be able to justify why each specific category of data is being requested.
(d) You must also comply with Pharmaron’s instructions about data retention and storage, ensuring that personal data is only kept for as long as it is needed for any intended purpose.
8.7 Keep personal data accurate and (where necessary) up to date
(i) Pharmaron must take steps to ensure that personal data is accurate and (where necessary) kept up to date. For example, we request that employees provide us with any change in contact details or personal information via Human Resources online platform (Sage PRO). We also take care that decisions impacting individuals are based on accurate and up-to-date information.
(ii) What you need to do:
(a) When you process individuals’ personal data in the course of your employment, you must make reasonable efforts to be accurate and, where necessary, keep the relevant information updated.
(b) When collecting any personal data, try to confirm its accuracy at the outset. If you subsequently discover any inaccuracies in the personal data that you are handling, these need to be corrected or deleted without delay.
(c) Personal data should be held in as few places as possible to avoid the risk that duplicate copies are not updated and become out of sync. You should not create additional copies of personal data but should work from and update a single central copy where possible (in accordance with standard Pharmaron procedures on retention and storage of records).
8.8 Keep personal data for no longer than is necessary for the identified purposes
(i) Records containing personal data should only be kept for as long as they are needed for the identified purposes. Pharmaron has in place data retention, storage and deletion policies and internal processes/guidelines regarding various types of company records and information that contain personal data.
(ii) We take appropriate steps to retain personal data only for so long as is necessary, taking into account the following criteria:
(a) the amount, nature, and sensitivity of the personal data,
(b) the risk of harm from unauthorised use or disclosure,
(c) the purposes for which we process the personal data and how long we need the particular data to achieve these purposes,
(d) how long the personal data is likely to remain accurate and up-to-date,
(e) for how long the personal data might be relevant to possible future legal claims, and
(f) any applicable legal, accounting, reporting or regulatory requirements that specify how long certain records must be kept.
(iii) In considering the above, it is important to note that although some personal data will no longer be current, it must be retained to demonstrate the historic status for a variety of audit purposes. This, in the view of Pharmaron, is a mandated legitimate business interest. An example of this would be training records, CVs, benefits, salary etc.
(iv) What you need to do:
(a) Please familiarise yourself with our retention policies, processes, guidelines, and instructions that are relevant to your job. Ensure that, where it falls within your responsibility, you destroy or erase all information that you no longer require in accordance with these.
(b) If you are not sure what retention guidelines/instructions apply to you in your role, or you are unsure of how to apply them to a particular type or item of personal data, please contact Stephen Lewinton or one of the specialist managers for the data type concerned.
8.9 Take appropriate steps to keep personal data secure
(i) Keeping personal data safe and complying with Pharmaron’s security procedures to protect the confidentiality, integrity, availability, and resilience of personal data is a key responsibility for Pharmaron and its workforce.
(ii) Pharmaron has IT and Communications Policy, which sets out its organisational and technical security measures to protect information, including personal data.
(iii) The IT and Communications Policy also sets out protocols for employees on use of technology and communications systems, which also help to ensure appropriate security of personal data stored or communicated using such systems.
(iv) We regularly evaluate and test the effectiveness of these measures to ensure the security of our personal data processing activities as set out in our IT and Communications Policy.
(v) What you need to do:
To assist Pharmaron in maintaining data security and protecting the confidentiality and integrity of the personal data you handle in the course of your employment, we require you to comply with this policy, our IT and Communications Policy and any Pharmaron instructions regarding the processing and security of personal data. We require you to:
(a) save, store and communicate personal data only within or using authorised Pharmaron information and communications systems. Restrict storage of personal data on personal devices or using personal communications facilities (or BYOD controls),
(b) use password-protected and encrypted software for the transmission and receipt of emails,
(c) lock files in a secure cabinet,
(d) never leave your laptop, other device or any hard copies of documents containing personal data in a public place,
(e) take care when observing personal data in hard copy or on-screen that such information is not viewed by anyone who does not have the right to that information, especially if you are viewing the personal data in a public place,
(f) when storing data on portable devices such as laptops, smartphones, or USB drives, ensure that the device is encrypted and password protected,
(g) ensure that information containing personal data is disposed of securely and permanently, using confidential waste disposal or shredding where necessary,
(h) alert Data Protection Officer to any personal data breaches immediately and in accordance with Pharmaron Breach Management Procedure (see below for further details about personal data breaches), and
(i) ensure that any sharing or disclosure of personal data is permitted on appropriate legal grounds and, where necessary, safeguards are in place (see below for further details of safeguards regarding overseas transfers or if sharing personal data with third-party service providers).
8.10 Take extra care when sharing or disclosing personal data
(i) The sharing or disclosure of personal data is a type of processing, and therefore all the principles described in this policy need to be applied.
(ii) Internal data sharing
(a) Pharmaron ensures that personal data is only shared internally on a ‘need to know’ basis.
(iii) External data sharing
(a) We will only share personal data with other third parties (including group entities) where we have a legitimate purpose, and an appropriate legal ground under data protection law which permits us to do so. Commonly, this could include situations where we are legally obliged to provide the information (e.g. to HMRC for tax purposes) or where necessary to perform our contractual duties to individuals (e.g. provision of information to our occupational pension providers).
(b) We may appoint third-party service providers (known as processors) who will handle information on our behalf, for example to provide payroll, data storage or other technology services.
(c) Pharmaron remains responsible for ensuring that its processors comply with data protection law and this policy in their handling of personal data. We must assess and apply data protection and information security measures prior to and during the appointment of a processor. The extent of these measures will vary depending on the nature of the activities, but will include appropriate risk assessments and reviews, and contractual obligations.
(d) Details of the recipients or categories of recipients of personal data (including processors and other third parties) should be set out in privacy notices as described in section 8.2 above.
(iv) What you need to do:
You may only share or disclose the personal data we hold internally with an employee, agent or representative of Pharmaron if the recipient has a job-related need to know the information.
You may only disclose the personal data we hold to service providers or other third parties (including group entities) where:
(a) there is a legitimate purpose and an appropriate legal ground for doing so (e.g. it is necessary for them to process the personal data in order to provide a service to us such as payroll, or if we are legally obliged to do so),
(b) the individuals whose personal data is being shared have been properly informed (e.g. in an appropriate privacy notice),
(c) if the disclosure is to a service provider, Pharmaron has checked that adequate security and data protection measures are in place to protect the personal data concerned,
(d) the service provider or third party has signed up to a written contract that contains the provisions required by data protection law (unless Stephen Lewinton has determined that this is not required in context), and
(e) the transfer complies with any overseas transfer restrictions, if applicable.
(v) Routine disclosures of personal data to established recipients (e.g. payroll providers or group entities) which form a normal and regular part of your role and job duties will ordinarily satisfy the above requirements. You should always ensure you comply with any Pharmaron instructions you are given. However, if you are in any doubt as to whether you can share personal data with anyone else, first contact Stephen Lewinton via [email protected]
8.11 Do not transfer personal data to another country unless there are appropriate safeguards in place
(i) An overseas transfer of personal data takes place when the data is transmitted or sent to, viewed, accessed or otherwise processed in, a different country. European Union data protection law restricts, in particular, personal data transfers to countries outside of the European Economic Area (EEA – this is the European Union plus Norway, Liechtenstein and Iceland), to ensure that the level of data protection afforded to individuals is not compromised (as the laws of such countries may not provide the same level of protection for personal data as within the EEA).
(ii) To ensure that data protection is not compromised when personal data is transferred to another country, Pharmaron assesses the risks of any transfer of personal data outside of the UK (taking into account the principles in this policy, as well as the restrictions on transfers outside the EEA) and puts in place additional appropriate safeguards where required.
(iii) Pharmaron has in its notices and documentation highlighted the disclosure of personal data to its parent and sister companies in China and USA. These Group companies have adequate data security measures for personal data and in the view of the Management such disclosures form part of the legitimate operation of the Company. Disclosure to these companies should be dealt with on the basis it is an internal company disclosure but with due consideration to the security of the method of transfer.
(iv) What you need to do:
(a) Outside of the Pharmaron Group, if you are required to transfer individuals’ personal data outside of the UK or EEA in the course of your employment, adequate safeguards will need to be in place. Where these overseas transfers are a normal part of your role and job duties, Pharmaron’s current safeguards are likely to provide the required levels of data protection.
(b) However, if you are transferring personal data overseas in alternative circumstances (e.g. for new types of processing activities which haven’t previously formed part of your job scope and activities, or to countries with which you haven’t previously dealt) you should contact Stephen Lewinton via [email protected] for further guidance before going ahead with the transfer.
8.12 Report any data protection breaches without delay
(i) Pharmaron takes any data protection breaches very seriously. These can include lost or mislaid equipment or data, use of inaccurate or excessive data, failure to address an individual’s rights, accidental sending of data to the wrong person, unauthorised access to, use of or disclosure of data, deliberate attacks on Pharmaron’s systems or theft of records, and any equivalent breaches by Pharmaron’s service providers.
(ii) Where there has been a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to individuals’ personal data, Pharmaron will take immediate steps to identify, assess and address it, including containing the risks, remedying the breach, and notifying appropriate parties (see below). Pharmaron has a Breach Management Procedure which sets outs its procedures for identifying, assessing and addressing security breaches.
(iii) If Pharmaron discovers that there has been a personal data security breach that poses a risk to the rights and freedoms of individuals, we will report it to the ICO within 72 hours of discovery.
(iv) We also keep an internal record of all personal data breaches regardless of their effect and whether or not we report them to the ICO.
(v) If a personal data breach is likely to result in a high risk to the rights and freedoms of individuals, we will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures we have taken.
(vi) What you need to do:
(a) If you become aware of any breach (or suspected breach) of this policy (including, in particular any security breach), you must report it to Stephen Lewinton immediately via [email protected] to ensure that the breach is effectively assessed and addressed, and that we comply with Pharmaron’s data breach reporting obligations.
8.13 Do not use profiling or automated decision-making unless you are authorised to do so
(i) Profiling, or automated decision-making, occurs where an individual’s personal data is processed and evaluated by automated means resulting in an important decision being taken in relation to that individual. This poses particular risks for individuals where a decision is based solely on that profiling or other automated processing.
(ii) One example of solely automated decision-making would be using an online psychometric test to automatically reject job applicants who do not meet a minimum pass mark (without any human oversight such as a review of the test results by a Recruiting Manager).
(iii) Data protection law prohibits decision-making based solely on profiling or other automated processing, except in very limited circumstances. In addition, where profiling or other automated decision-making is permitted, safeguards must be put in place and we must give individuals the opportunity to express their point of view and challenge the decision.
(iv) Pharmaron will not make decisions solely on profiling data or use automated decision-making in respect of personal data. If you identify this as a potential risk, an alternative approach must be followed.
8.14 Integrate data protection into operations
(i)Data protection law requires Pharmaron to build data protection considerations and security measures into all of our operations that involve the processing of personal data, particularly at the start of a new project or activity which may impact on the privacy of individuals. This involves taking into account various factors including:
(a) the risks (and their likelihood and severity) posed by the processing for the rights and freedoms of individuals,
(b) technological capabilities,
(c) the cost of implementation, and
(d) the nature, scope, context and purposes of the processing of personal data.
(ii) We also seek to assess data protection risks regularly throughout the lifecycle of any project or activity which involves the use of personal data.
(iii) What you need to do:
(a) If you are involved in the design or implementation of a new project or activity that involves processing personal data, you must give due consideration to all the principles of data protection set out in this policy.
(b) You should assist Stephen Lewinton with regular reviews of projects or activities to ensure data protection risks continue to be addressed
(c) A useful tool for assessing data protection and privacy considerations is a Data Protection Impact Assessment or ‘DPIA’. A DPIA will consider the necessity and proportionality of a processing operation and assess the risks to individuals and the measures that can be put in place to mitigate those risks. A DPIA must be carried out if a data processing operation is likely to give rise to a high risk to individual rights and freedoms.
(d) If you are involved in the design or implementation of a new project that involves processing personal data, you must check whether it is necessary to conduct a DPIA or similar risk or compliance assessment by contacting Stephen Lewinton via [email protected]. He will also be able to advise you on how we expect you to conduct, or otherwise contribute to, a DPIA or similar risk assessment.
8.15 Individual Rights and Requests
(i) Under data protection law, individuals have certain rights when it comes to how we handle their personal data. For example, an individual has the following rights:
(a) The right to make a ‘subject access request’. This entitles an individual to receive a copy of the personal data we hold about them, together with information about how and why we process it and other rights which they have (as outlined below). This enables them, for example, to check we are lawfully processing their data and to correct any inaccuracies.
(b) The right to request that we correct incomplete or inaccurate personal data that we hold about them.
(c) The right to withdraw any consent which they have given.
(d) The right to request that we delete or remove personal data that we hold about them where there is no good reason for us continuing process it. Individuals also have the right to ask us to delete or remove their personal data where they have exercised their right to object to processing (see below).
(e) The right to object to our processing of their personal data for direct marketing purposes, or where we are relying on our legitimate interest (or those of a third party), where we cannot show a compelling reason to continue the processing.
(f) The right to request that we restrict our processing of their personal data. This enables individuals to ask us to suspend the processing of personal data about them, for example if they want us to establish its accuracy or the reason for processing it.
(g) The right to request that we transfer to them or another party, in a structured format, their personal data which they have provided to us (also known as the right to ‘data portability’). The applicability of this right depends on the legal grounds on which we process it.
(h) The right to challenge a decision based solely on profiling/automated processing, to obtain human intervention, and to express their point of view.
(ii) We are required to comply with these rights without undue delay and, in respect of certain rights, within a one-month timeframe.
(iii) Individuals also have rights to complain to the ICO about, and to take action in court to enforce their rights and seek compensation for damage suffered from, any breaches.
(iv) What you need to do:
(a) If you receive a request from an individual seeking to exercise a right in relation to their personal data, or making an enquiry or complaint about our use of their personal data, you must forward the request, enquiry or complaint to Stephen Lewinton via [email protected] immediately so that it can be dealt with appropriately and within the applicable time limit and in accordance with Pharmaron’s individual personal data rights procedures. Your assistance may be needed to address and respond to the request, enquiry, or complaint.
8.16 Record Keeping
(i) In order to comply, and demonstrate our compliance, with data protection law, Pharmaron keeps various records of our data processing activities. These include a Record of Processing which must contain, as a minimum: the purposes of processing; categories of data subjects and personal data; categories of recipients of disclosures of data; information about international data transfers; envisaged retention periods; general descriptions of security measures applied; and certain additional details for special category data.
(ii) What you need to do:
(a) You must also comply with our applicable processes/guidelines and any specific instructions you are given concerning the keeping of records about our processing of personal data.
(b) If you are processing individuals’ personal data in the course of your employment and you collect any new types of personal data or undertake any new types of processing activities, either through the introduction of new systems or technology or by amending existing ones, please inform Stephen Lewinton via [email protected] so that we are able to keep our records up-to-date.
9.1 We require all employees to undergo some basic training to enable them to comply with data protection law and this policy. Additional training may be required for specific roles and activities involving the use of personal data.
9.2 To this end, we provide training as part of our induction process for new joiners to Pharmaron and operate an ongoing training programme to make sure that employees’ knowledge and understanding of what is necessary for compliance in the context of their role is up to date. Attendance at such training is mandatory and will be recorded.
Departures from this Policy
10.1 There are some very limited exemptions from data protection law, which may permit departure from aspects of this policy in certain circumstances.
10.2 You will be given specific instructions if any exemptions are relevant to your role.
10.3 If you think you should be able to depart from this policy in any circumstances, you must contact Stephen Lewinton via [email protected] before taking any action. | law |
https://london-road-croydon.org/history/sources/wills/1857-03-03-jonathan-barrett-1860-07-31-441.html | 2022-09-26T19:25:00 | s3://commoncrawl/crawl-data/CC-MAIN-2022-40/segments/1664030334915.59/warc/CC-MAIN-20220926175816-20220926205816-00623.warc.gz | 0.974459 | 4,904 | CC-MAIN-2022-40 | webtext-fineweb__CC-MAIN-2022-40__0__237780013 | en | Last Will and Testament of Jonathan Barrett of Broad Green, Croydon (National Probate Calendar: 31 July 1860, folio number 441)
The will of Jonathan Barrett of Broad Green, Croydon, was made on 3 March 1857, amended with a first (and later-revoked) codicil on some unknown date, amended with a second codicil (revoking the first) on 2 July 1859, and proved on 31 July 1860. The executors named in the will were his friend Ralph Caldwell Crafton and his nephews Henry Barrett and William Barrett; administration was granted to the first two of these, reserving power to also make a later grant to William.
According to the probate register copy, Jonathan left:
- All his household goods to his wife Ellen, aside from the oil portraits mentioned below. Any of these goods not disposed of by Ellen during her life or via her will were to go after her death to his residuary legatees (i.e. those people whom his will said would get the rest of his estate after all other legacies had been dealt with).
- Oil portraits of himself and his previous wife to his nephew William, though Ellen was permitted to keep possession of these during her lifetime if she wanted to.
- Up to £300 of the money in his bank account to Ellen.
- The use of his house and garden (185 London Road) to Ellen for the rest of her life.
- An annuity of £100/year to his executors on trust to pay it to his sister-in-law Elizabeth [surname unclear] during her life, and after that for it to form part of his residuary estate.
- £200 to each of his executors for their work.
- Twelve guineas each to:
- The wives and children of his six nephews and of Ralph Caldwell Crafton.
- The husband and children of his niece Rachel Hancock.
- Various amounts of money to his servants and other persons.
- Various amounts of money to various societies and institutions.
- His share of a farm in Sussex (that had formed part of his marriage settlement) to his eight nephews and nieces.
- £50 each to various relatives and friends.
- His shares in the Lambeth Water Works to his executors on trust to pay the income to Ellen’s sisters Maria and Caroline and his friend Benjamin Drabwell Bell during their lifetimes.
- Small sums of money to up to 200 “respectable persons” who were to be chosen by his executors, guided by Ellen, on the basis of certain listed stipulations.
- Any property for which he was the mortgagee or trustee to his executors subject to the existing agreements relating to that property.
- Everything else not already disposed of to his executors on trust to
sell them off at their discretion; use the money to pay his funeral expenses,
debts, legacies, and duty on legacies; and then invest the remainder.
The income from these investments, along with anything not sold, was to be
used as follows:
- To go to Ellen during her lifetime.
- After Ellen’s death, to go to any children that she and Jonathan might have had (implying that at the time of writing they had none) who reached the age of 21.
- If there were no such children, to be divided between his brother Jeremiah, his six nephews Henry, Richard, Joseph, William, John, and Jeremiah, and his niece Rachel Hancock. (Note however that this was changed by the codicil summarised below.)
He also gave some directions regarding the handling of any debt his brother Jeremiah might owe him when he died, and the procedures to be followed if new trustees needed to be appointed.
Jonathan’s first codicil is not included in the register, due to having been revoked, but his second codicil made some changes to the above:
- Additional monetary legacies were left to four more servants.
- His residuary estate after Ellen’s death was now not to be divided equally between Jeremiah, the nephews, and Rachel, but half was to go to Jeremiah’s four children in equal shares and the other half was to go to his other brother Richard’s three children in equal shares.
- Jeremiah was to receive £1000 in lieu of being included in this redistribution.
Below is my transcription of the probate register copy of the will. Bold and italic formatting reflect the different writing styles used in the document, and I have added paragraph breaks to make it easier to read.
This is the last Will and Testament of me Jonathan Barrett formerly of Kings Head Court Beech Street in the City of London but now of Broad Green Croydon in the County of Surrey
I give to my dear wife Ellen Barrett all my household furniture plate linen china books pictures glass shells and ornaments wearing apparel and other moveables (including ready money but not securities for money) that shall be in and about my dwelling house and premises at my decease but it is my desire that the portraits in oil of my late dear wife and myself shall after my said wifes death belong to my nephew William Barrett and be delivered to him at the decease of my wife who is to be at liberty to retain possession of them during her life without being accountable for any accidental damage to them while in her possession
But as to such part if any of my furniture and effects so given to my wife as she shall not dispose of in her life time or by her will I direct the same to be divided in a fair and equitable valuation amongst my residuary legatees hereinafter named in equal shares or as nearly as may be At the same time I wish it to be understood that the preceding directions are not to deprive my wife of the power of disposing of all such furniture and effects as her own property if she choose so to do
I also give to my said dear wife the balance which at my decease shall be at the Croydon Branch of the London and County Bank to the credit of my current Banking account but if such balance should exceed three hundred pounds the excess beyond that sum shall form part of my residuary estate
I also give to my said dear wife the use and enjoyment of my present dwelling house and premises with my separate garden during her life either for her own residence or otherwise she keeping the same in fair and reasonable tenantable repair
I give to my executors and trustees hereinafter named the annuity for terms of years of one hundred pounds which is payable to me till 1880 by the Commissioners for the reduction of the National Debt Upon trust to pay to my sister in law Elizabeth ?Jermyn? so much of the said annuity as shall accrue due after my decease and during her life And I declare that subject thereto so much of the said annuity as shall accrue due after her decease shall sink into and be disposed of as part of my residuary estate
I give to each of my three executors and trustees hereinafter named or to such one or more of them as shall undertake the trusts of my will a legacy of two hundred pounds sterling as an acknowledgement for the trouble they will have in executing the office of executors and trustees
I give as a token of remembrance a legacy of twelve guineas apiece to the wives and children of my six nephews and of my friend Ralph Caldwell Crafton of Croydon aforesaid Chemist and a similar legacy to the husband and children of my niece Rachel Hancock
I give to all or such one or more of my three servants (one male and two females) as shall be in my service at my decease and as shall have been in my service for not less than one year prior thereto a legacy of eighteen pounds apiece for mourning or otherwise at their option And to such one or more of them as shall have lived in my service less than one year a legacy of nine pounds a piece for mourning or otherwise at their option I also give to my old servant Ann Moor and to Mrs Willis who was for some time my nurse and to Charles Sturt of East Hoathley in the County of Sussex and to Peter Adams the Carpenter and Undertaker a legacy of ten pounds apiece And I direct the legacies to my servants and the said four legacies of ten pounds apiece to be paid within one month after my decease
I give a legacy of one hundred pounds to the Croydon British School for Boys the same to be paid to the Treasurer of that School for the time being I give to the Croydon Branch of the London City Mission a legacy of fifty pounds and to the British and Foreign Bible Society a legacy of one hundred pounds and to the London Missionary Society a legacy of one hundred pounds and to the Wesleyan Missionary Society legacy of one hundred pounds and to the Irish Society for Irish Scripture Readers in their native language a legacy of fifty pounds And I direct the last five legacies to be paid to the respective Treasurers for the time being of the last five mentioned Societies respectively or to the local Trustees respectively of their respective Auxiliary Societies if any for the District in which Croydon is situated
I give a legacy of one hundred pounds to the London City Mission and a legacy of two hundred pounds to the Royal Free Hospital Grays Inn Road the same to be paid to the respective Treasurers for the time being of the said Societies or Institutions respectively I direct the foregoing legacies for religious and charitable purposes to be paid free of legacy duty out of such part of my property as may be legally devoted to such purposes And it is my wish that such legacies should not be invested or treated as principal but be applied and disposed of as interest or income
I give and bequeath to my six nephews Henry, Richard, Joseph, William, John and Jeremiah and to my two nieces Mary Ann the wife of William Barrett and Rachel the wife of George Hancock my moiety of the proceeds of Amberstone Farm near Hailsham in the County of Sussex which under the provisions of my late dear wifes Marriage Settlement is to be sold after my death and one moiety of the proceeds paid to the Sturge Family and the other moiety to my estate such farm having been purchased for eight thousand pounds half of which was paid by the Sturge Family as my late dear wifes fortune and the other half with expenses paid by me and the whole farm was settled on myself and my late wife for life and the life of the survivor of us
I give and bequeath a legacy of fifty pounds cash to the following four persons (that is to say) my first wifes relative Mary Ann Brown Ann Storrs Widow of my late cousin Joseph Storrs and her daughter Sarah Ann Storrs and my friend Benjamin Drabwell Bell of Camberwell in the County of Surrey but formerly of Doncaster in Yorkshire
I give and bequeath to my executors and trustees ten of my Old Shares in the Lambeth Water Works Upon trust to pay the income arising therefrom to my wifes sister Maria Keen during her life and on her decease to dispose of the same as a part of my residuary estate I give and bequeath to my executors and trustees ten of my Old Shares in the Lambeth Water Works Upon trust to pay the income arising therefrom to my wifes sister Caroline Keen (who was baptised at Kettering by the name of Caroline Amelia Susannah Keen) during her life and on her decease to dispose of the same as part of my residuary estate I give and bequeath to my executors and trustees ten of my New half Shares in the Lambeth Water Works Upon trust to pay the income arising therefrom to the said Benjamin Drabwell Bell during his life and on his decease to dispose of the same as part of my residuary estate
I direct my executors and trustees at such time as they shall think proper within two years after my decease to pay the sum of five pounds each to one hundred respectable persons and the sum of four pounds each to one hundred other respectable persons all such two hundred persons falling within the following description (namely each person must have been known or be by my executors and trustees believed to have been known to my dear wife or myself for one year at least, on the receipt of the five pounds each person must be not less than sixty years of age, on the receipt of the four pounds each person must be not less than fifty years of age, each person must uniformly or for many years have maintained a good character and never to the knowledge of my executors and trustees have received any parochial support or any charitable relief from any Society and must not (nor if married must his or her wife or husband) be possessed of property of any description (beyond household furniture and effects) of the value of one hundred pounds
And I declare that if within two years after my decease my executors and trustees shall not to their satisfaction have found two hundred respectable persons who shall in their judgment answer the above description then my executors and trustees shall within two years thereafter pay the sum of five pounds if only one or five pounds each if more than one and up to one hundred and then four pounds each up to another one hundred to one or more person or persons falling nearest in their judgment within the above descriptions until with those who shall have been discovered within the two years the total number of two hundred shall have been made up
And I declare that not only the selection of the two hundred individuals to take under the preceding bequest but also the mode of selection and discovery and the nature and amount of the evidence to be given and accepted as to their coming within the class of persons intended shall be in the uncontrolled power and discretion of my executors and trustees assisted in the selection as I wish them always to be by my said wife / who shall not be answerable to any person or persons for the mode in which they exercise the same And in particular I declare that nothing hereinbefore contained shall constitute my executors and trustees trustees for any person or persons who may conceive himself herself or themselves to be one or more of the persons hereby intended to be benefitted
I devise to my executors and trustees all real estates vested in me as mortgagee or trustee subject to the equities and trusts affecting the same
And as to all the residue and remainder of my real and personal estate not hereinbefore specifically or entirely disposed of I devise and bequeath the same to my executors and trustees for all my estate and interest therein upon the trusts following that is to say Upon trust to sell all and such part or parts thereof as in their discretion they shall think desirable and at such time or times as they shall approve either by public auction or in such other way as they shall think proper
And out of the proceeds thereof and out of all monies which shall come to their hands by means of the realization of other parts of my residuary estate to pay my funeral and testamentary expenses and all expenses incurred by them in carrying into effect the trusts of my will And also all debts which shall be to their satisfaction shewn whether by strictly legal proof or not to be owing by me. And also the legacies bequeathed by this will or any codicil thereto and the legacy duty thereon having regard nevertheless to the directions hereinbefore given as to the fund out of which the said charitable and religious bequests are to be paid
And after payment thereof to invest the surplus in the funds or in Railway Stock or Debentures or at interest on real securities with power to vary the same. And to pay to my dear wife all the income arising therefrom and from my unsold residuary estate during her life
And after her death I direct that my executors and trustees shall stand possessed of my said funds and securities and residuary real and personal estate In trust for any child or children and if more than one in equal shares whom I may have during my lifetime or who may be born to my dear wife in due time after my decease and who shall attain the age of twenty one years with power in the mean time after my wifes death to apply the whole or any part of the income in and about the maintenance and education of such child or children
But in the event of there being no such child who shall attain a vested interest as aforesaid then the whole or such part of the said funds and securities and of my residuary estate as shall not have been disposed of under the trusts aforesaid shall be In trust for such one or more of the following eight persons (and if more than one equally) as shall survive me videlicet my brother Jeremiah my six nephews Henry Richard Joseph William John and Jeremiah and my niece Rachel Hancock And I declare that the legacies and shares residue hereinbefore given and bequeathed shall as to the females to whom the same are given and bequeathed respectively be enjoyed and disposed of by them as separate property respectively and free from any marital control And that the receipt of married females shall be as good and effectual discharges to my executors and trustees as if they were unmarried
As to any debt my brother Jeremiah may owe me at my decease it is my wish that if my said brother should be living and request it my executors and trustees should not press for the payment thereof till the expiration of three years after my decease unless they should consider it absolutely necessary to press for the earlier payment thereof or of any part thereof in order to avoid the total loss of such debt in which case I empower and desire them to require the earlier payment thereof or of such part thereof as they shall consider it requisite to have paid before the expiration of such three years
And I empower my executors and trustees to give receipts for all monies and effects paid or delivered to them by virtue of this my will and I declare that such receipts shall exonerate the persons taking the same from all liability to see to the application or disposition of the money or effects therein mentioned
I declare that if owing to death or disability the number of my trustees herein named competent to act shall be reduced to one before the trusts of my will are performed it shall be lawful for such one to appoint and I request that he will forthwith appoint with the consent of my said wife if living a fit person or two fit persons to supply the vacancy or vacancies occasioned by such death or disability And I should prefer that each person so appointed should be one of the several persons whose names are mentioned in this will And I declare that each person so appointed shall be considered as coming in under my will in the same manner as if he had been herein named instead of the deceased or disabled trustee whose place he shall be appointed to fill as it regards the authorities and directions hereby given And shall also be entitled to receive a legacy of fifty pounds out of the then undivided portion of my residuary estate for his trouble as trustee of my will but so long as there are two acting trustees of my will they shall have as full power to act as if the three trustees hereby appointed were living and acting in the trusts of my will
I declare that no trustee of my will shall be responsible for involuntary losses or for the acts or defaults of any co-trustee or co-trustees notwithstanding he may sign receipts or join in other acts for conformitys sake And I empower every trustee of my will to retain all expenses incurred by him in executing the trusts of my will
I appoint the said Ralph Caldwell Crafton and my said nephews Henry Barrett and William Barrett Executors and trustees of this my will And I revoke all former wills In witness whereof I have hereunto and to the four preceding sheets set my hand this third day of March one thousand eight hundred and fifty seven — Jon^n Barrett — Signed by the testator Jonathan Barrett in the presence of us who were present at the same time and who in his presence and in the presence of each other have hereunto subscribed our names as witnesses — J Satchell Sol^r 6 Queen St Cheapside — E Wheeler his Clerk
This is a Second Codicil to the within Will of me the within named Jonathan Barrett. Being desirous of restoring such of the provisions of my within Will as are altered by the preceding Codicil I hereby entirely revoke the whole of the preceding Codicil and declare that that the same shall not form any part of my testamentary disposition.
In addition to the several legacies bequeathed to my servants and others by my within Will I bequeath a legacy of fifty pounds sterling unto each of the four following persons all of whom either have been or now are in my service namely William Cooper Ann Moor Eliza Whiffen and Sarah Hunt (the same to be paid free of legacy duty)
And as to the final disposition of my real and personal estate after the decease of my wife (not thinking it quite fair to my nephews who have lost their father to whom I had in a former Will given a share of my residuary estate that one family should only receive three eighth parts thereof while the other family receives five eighth parts thereof I revoke the bequests which I have by my said will made of my residuary estate in favor of my brother Jeremiah and my nephews and niece therein named
And in lieu thereof I direct that all the residue of my real and personal estate which shall remain undisposed of after satisfying the trusts of my said will as hereby altered shall (after my wifes decease without issue by me attaining a vested interest under my will) be divided into two equal shares one whereof I give and bequeath unto the three children in equal shares of my late brother Richard Barrett and the other whereof I give and bequeath unto the four children in equal shares of my brother Jeremiah Barrett And the share of any one or more of such three children and four children respectively who shall die before me shall not lapse but shall be paid to the executors or administrators of such child or children respectively.
And in lieu of the share of my residuary estate which by my said will I have bequeathed to my said brother Jeremiah Barrett (but which bequest is hereby revoked) I give and bequeath unto him the sum of one thousand pounds which I direct to be paid to him or his legal personal representatives as soon after the decease of my said wife without issue as aforesaid as may be convenient unless he shall be indebted to me at my decease in which case I direct that the said legacy of one thousand pounds or so much thereof as shall be equal to the amount then due and owing to me from my said brother shall be retained by my executors and trustees for the time being in satisfaction or part satisfaction as the case may be of such debt and the sum so retained shall form part of my residuary estate and be applied and disposed of accordingly and the balance if any of said legacy shall be paid to my said brother or his legal personal representatives on the decease of my said wife without issue as aforesaid
I confirm my said will as hereby varied and declare that the same with this codicil contains my last will In witness whereof I have hereunto set my hand this second day of July one thousand eight hundred and fifty nine — Jon^n Barrett — Signed by the testator Jonathan Barrett in the presence of us who were present at the same time and who in his presence and in the presence of each other have hereunto subscribed our names as witnesses— J. Satchell — Theodore Satchell.
Proved at London with a Codicil 31st July 1860 by the affirmations of Ralph Caldwell Crafton & Henry Barrett the Nephew two of the Executors to whom Admon was granted Power reserved of making the like Grant to William Barrett the Nephew also the other Executor. | law |
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Qualifications and Desired Skills
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To apply, please submit:
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The salary for this position is $4,134.61 per week. | law |
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I agree that bicycling is a potentially hazardous activity and that serious injuries or death can occur from accidents, negligence or carelessness. I am in good health and proper physical condition to participate in the ride. I agree that route markings and maps are provided for my convenience only and not to guarantee a safe route or trip. I voluntarily participate in this event and assume all risks associated with participating in this event, including, but not limited to, illness, injury, falls, contact with participants, effects of weather, traffic and conditions of the road, all such risks being known and appreciated by me. I will obey all laws, ordinances and regulations and will do my best to make this ride fun and safe for everyone. Having read this waiver and knowing these facts and in consideration of your accepting my registration, I, for myself and for those upon whose behalf I act, waive and release the United Way of Northwest Illinois, Inc. against any and all claims, suits, or actions of any kind whatsoever for liability, damages, or compensation. I expressly agree to release and discharge United Way of Northwest Illinois, Inc. and their staff, volunteers, and affiliates, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against United Way of Northwest Illinois, Inc. for personal injury or property damage. If I am the parent and/or legal guardian of a minor participant, I certify that the minor is in good health, qualified and in proper physical condition to participate in the ride and I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless all of the above released parties from liability, claims, demands, losses or damages on the minor's account incurred in connection with the ride or its related events and activities. I will indemnify, save and hold harmless each of the released parties from any litigation expenses, attorney fees, loss, liability, damage or cost that may occur as the result of any such claims in connection with the minor's participation in the ride and its related events and activities. I grant permission to all of the foregoing to use any photographs, motion pictures, recordings, or any other record of this event for any legitimate purpose. I agree to wear a helmet during this ride. | law |
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Although, air traffic regulation polices, laws and administrative agencies have been created by both federal and state government, with certain restrictions preventing states from regulating routes, services, or the rates of all air carriers authorized to provide interstate air transportation by the Federal Aviation Act. States may alter existing remedies and enact state laws consistent with federal mandate, though. Additionally, Federal law does not preempt state products liability law, and more often than not, in most defective product cases, aviation manufacturers may be held strictly liable. | law |
https://www.watchfuleyenow.com/steve-russo | 2024-03-04T11:32:24 | s3://commoncrawl/crawl-data/CC-MAIN-2024-10/segments/1707947476442.30/warc/CC-MAIN-20240304101406-20240304131406-00416.warc.gz | 0.981813 | 382 | CC-MAIN-2024-10 | webtext-fineweb__CC-MAIN-2024-10__0__37103167 | en | Steve Russo is the Founder/CEO of Watchful Eye Investigations, LLC since 2008. Steve has more than 22 years of investigations experience. He graduated from CAPCO-RTA Police Academy in 2002 and has been in the Law Enforcement profession ever since. He has extensive experience working in undercover narcotics, TABC sting operations, and criminal investigations. Steve worked for more than 10 years as a Senior Deputy Constable in Caldwell County Texas. He also worked as a Warrant Officer, Patrol Officer, and Marine Safety Enforcement Officer at several other law enforcement agencies throughout his 21 years as an active police officer. Steve is currently active as a certified Mental Health Officer and Police Chaplain. Steve has also worked on personal protection details for numerous celebrities and political dignitaries throughout his career. He currently holds an Advanced Texas Peace Officer license with (TCOLE) Texas Commission on Law Enforcement. Steve also holds a Private Investigator's license with the Texas Department of Public Safety Private Security Bureau. Steve has an associates degree in Practical Theology and served as a youth investigator working with troubled juveniles for many years. Earlier in his career Steve worked for major retail chains such as Home Depot and Target as a certified Loss Prevention Investigator. For more than eight years, during which time he investigated and prosecuted hundreds of people for shoplifting and employee theft. He has hundreds of hours of court room testimony experience, and has over 2500 hours of police classroom training certifications on various topics such as crisis intervention, terrorism awareness, sex crimes investigations, asset forfeiture, identity theft, mental health and crime scene investigations, as well as being ALERRT certified (Advanced Law Enforcement Rapid Response Training). Steve has been a member of TALI (Texas Association of Licensed Investigators) since he started WEI in 2008. Steve has owned/managed and worked with various investigation firms throughout his career and has a strong firsthand knowledge of the complete investigative process from start to finish. | law |
https://lohrmaniplaw.com/ | 2021-05-12T04:19:32 | s3://commoncrawl/crawl-data/CC-MAIN-2021-21/segments/1620243991252.15/warc/CC-MAIN-20210512035557-20210512065557-00030.warc.gz | 0.940761 | 169 | CC-MAIN-2021-21 | webtext-fineweb__CC-MAIN-2021-21__0__176122049 | en | Richard “Rick” Lohrman is a registered patent attorney whose work history includes an extensive background in the pharmaceutical industry as well as experience is the field of technology licensing in both industrial and academic settings. As an attorney concentrating in the field of intellectual property, Rick has successfully prosecuted both U.S. and foreign patent applications, written patentability and freedom-to-operate opinions, filed and prosecuted trademark applications, and assisted in patent infringement litigation actions. His areas of practice include the mechanical arts, software assemblies and biotechnology, and he has provided research and motion support in patent infringement litigation. If you require an experienced intellectual property attorney, Lohrman IP Law, LLC would be happy to discuss your case. Our team is proud to be your source of patent law services in Gainesville & Ocala, FL. | law |
https://storiediritratti.it/1574-errors-in-radiology | 2019-11-15T10:17:46 | s3://commoncrawl/crawl-data/CC-MAIN-2019-47/segments/1573496668618.8/warc/CC-MAIN-20191115093159-20191115121159-00422.warc.gz | 0.947322 | 202 | CC-MAIN-2019-47 | webtext-fineweb__CC-MAIN-2019-47__0__100873556 | en | Diagnostic errors are important in all branches of medicine because they are an indication of poor patient care. As the number of malpractice cases continues to grow, radiologists will become increasingly involved in litigation.
Accordingly, every radiologist should understand the various sources of error in diagnostic radiology as well as the elements of negligence that form the basis of malpractice litigation. The principal focus of this book is on the diagnostic errors that may be perpetrated when using diverse radiologic techniques in different disease settings.
The full spectrum of potential errors is analyzed with the aid of high-quality illustrations and with clear guidance on their avoidance. In addition, medicolegal aspects inherent to radiology are carefully examined, with particular attention to radiation exposure due to imaging procedures and malpractice issues relating to administration of contrast media.
The importance of good communication between radiologists and physicians and between radiologists and patients is also emphasized.
Errors in Radiology will prove immensely valuable to both novice and more experienced radiologists. | law |
https://wakanewz.com.ng/5-differences-between-us-and-nigerian-elections/ | 2020-09-22T17:50:30 | s3://commoncrawl/crawl-data/CC-MAIN-2020-40/segments/1600400206329.28/warc/CC-MAIN-20200922161302-20200922191302-00313.warc.gz | 0.953368 | 925 | CC-MAIN-2020-40 | webtext-fineweb__CC-MAIN-2020-40__0__35416908 | en | Nigeria is gearing up for elections in 2019. What are the differences between the Nigerian elections and that of the US? Here are some of them:
1. Direct and indirect voting
The US elections focuses on indirect voting, while Nigeria uses the direct voting method. How? While in Nigeria, voters come out and cast their votes state by state for the candidate or party of their choice, the votes are then collated and counted.
In the US, citizens who are registered to vote in one of the fifty states or Washington, D.C. cast ballots for members of the U.S. Electoral College, known as electors. These electors then in turn cast direct votes, known as electoral votes, in their respective state capitals for President and Vice President.
So in essence, US elections are decided by states and not individuals. Each of the states casts as many electoral votes as the total number of Senators and House Representatives in Congress, while Washington, D.C. has three votes.
2. Exceptional cases
Despite the effort put into making the election process smooth, sometimes there are exceptional cases, these are handled differently depending on the country.
In the US, if no candidate receives an absolute majority of votes for President, the House of Representatives chooses the president; if no candidate receives a majority for vice president, then the senate chooses the vice president.
In Nigeria, if no candidate satisfies the requirement, a second election will be held between the two leading candidates within seven days from the pronouncement of the result.
In the US, the day a presidential inauguration occurs is known as “Inauguration Day” and occurs on January 20 or 21st if the 20th is a Sunday. Prior to the Twentieth Amendment, the inauguration date was March 4.
In Nigeria, May 29 is Democracy Day and it is also the national inauguration day. This public holiday commemorates the restoration of democracy in the Federal Republic of Nigeria, when the newly elected Olusegun Obasanjo took office as the President of Nigeria in May 1999 ending multiple decades of military rule that began in 1966 and had been interrupted only by a brief period of democracy from 1979 to 1983.
4. Number of parties
In the US, the political parties with federal representation are: Democratic, Republican and Independent. Usually the presidential race falls between Democratic and Republican candidates.
In Nigeria, the political parties are more numerous, some of them are:
– Advanced Congress of Democrats (ACD)
– Alliance for Democracy (AD)
– All Progressives Congress (APC)
– African Democratic Congress (ADC)
– All Progressives Grand Alliance (APGA)
– All People’s Party (APP)
– African Renaissance Party [ARP]– Conscience People’s Congress [CPC]– Communist Party of Nigeria (CPN)
– Citizens Popular Party (CPP)
– Democratic Alternative (DA)
– Democratic Socialist Movement (DSM)
– Fresh Democratic Party (FDP)
– Labour Party [LP]– Masses Movement of Nigeria (MMN)
– National Conscience Party (NCP)
– New Democrats (ND)
– National Democratic Party (NDP)
– People’s Democratic Party (PDP)
The main political parties are the PDP and APC.
In Nigeria, a person shall be qualified for election to the office of President if:
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of forty years;
(c) he has been educated up to at least School Certificate level or its equivalent.
(d) service in the public or private sector in the Federation in any capacity acceptable to the Independent National Electoral Commission for a minimum of ten years.
While, in the US, the requirements are:
No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
Also, no person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. | law |
http://hotpennytrader.com/bidens-buy-american-manufacturing-order-called-good-first-step-by-labor/ | 2022-09-29T11:17:08 | s3://commoncrawl/crawl-data/CC-MAIN-2022-40/segments/1664030335350.36/warc/CC-MAIN-20220929100506-20220929130506-00555.warc.gz | 0.931006 | 382 | CC-MAIN-2022-40 | webtext-fineweb__CC-MAIN-2022-40__0__185068561 | en | Labor groups on Monday praised a forthcoming executive order
by President Joe Biden that is aimed at boosting government purchases from
American manufacturers, calling it a good start for the new administration.
Biden plans to sign an order that will put tougher rules on
government procurement with the purpose of boosting purchases of
made-in-the-U.S. products. The order is part of his “Buy American” campaign
pledge to bolster U.S. manufacturing.
“This executive order will close loopholes that allow
agencies to sidestep Buy American requirements and increase the thresholds for
domestic content,” said AFL-CIO President Richard Trumka in a statement. “This
order is a good first step in revitalizing U.S. manufacturing, which [President
Donald] Trump’s policies failed to do over the past four years,” Trumka said.
The order will modify the rules for the Buy American program, reports the Associated Press, making it harder for contractors to qualify for a waiver and sell foreign-made goods to federal agencies. And it changes rules so that more of a manufactured product’s components must originate from U.S. factories.
Scott Paul, president of the Alliance for American Manufacturing, said the group looks forward to working with the Biden administration and Congress “to quickly make real progress, without delay.”
“Stronger domestic content preference policies and a sizable
new investment in infrastructure and clean energy will spur factory job creation
and new investment in America,” said Paul, whose group is a partnership between
the United Steelworkers and U.S. manufacturers.
The new order is the latest in a slew of such directives issued by the new president, who says urgent action is needed even as he negotiates a bigger aid package with Congress. | law |
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