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Buildertrend Terms of Use
Last Updated December 10, 2019
The following are the terms and conditions that apply in order to access and/or use the Service (hereinafter defined) provided by Buildertrend Solutions, Inc. ("Buildertrend"). By using the Service, continuing to use the Service, submitting any information through the Service, or downloading or using the Application (as defined below), and in consideration for the Service Buildertrend provides to you, YOU (the terms "you" or "yours" includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS BUILDERTREND TERMS OF USE (the "Agreement") GOVERNING THE USE OF THE SERVICE. Use of the Service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices, including the class action waiver, contained herein. If Buildertrend has previously prohibited you from accessing or using the Service and Applications, you are not permitted to access or use the Service and Applications. This is a legal agreement between you and Buildertrend and incorporates Buildertrend's Privacy Policy and Cookie Policy.
If you are entering into this Agreement on behalf of your organization, that organization is deemed to be the party entering into this Agreement and you represent that you have the power and authority to bind that organization to this Agreement.
1. Definitions
1.1 "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means either: (a) ownership or control of more than 50% of the voting interests of the subject entity; or (b) the power to direct or cause the direction of the management and policies of an entity, whether through ownership, by contract, or otherwise.
1.2 "Application" means the application(s) made available by Buildertrend, from time to time, in order to access the Service from a mobile device.
1.3 "Authorized User" means an individual who is authorized by Customer to use the Service under Customer's account. Authorized Users may include, without limitation, Customer's or its Affiliate's employees, consultants, contractors, and agents.
1.4 "Customer" means a party who has purchased a Subscription from Buildertrend to access the Service.
1.5 "Customer Data" means information submitted by an Authorized User through the Service, including all associated job information, messages, attachments, files, tasks, to-dos, daily logs, invoices, photographs, videos, client information, and other similar content.
1.6 "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
1.7 "Improvements" means new versions, features, functionality, enhancements, upgrades, error corrections, and bug fixes to the Service made generally available to its customers by Buildertrend, from time-to-time, at no additional charge.
1.8 "Order Form" means an ordering document or an online order provided by email or through the Service interface, specifying the Service to be provided by Buildertrend to a Customer.
1.9 "Registered Client" means an individual who has been invited to use the client-facing or subcontractor communication features of the Service in a limited capacity as a client or subcontractor of an Authorized User.
1.10 "Registered Client Data" means information submitted by a Registered Client through the Service, including all associated job information, messages, attachments, files, tasks, to-dos, daily logs, photographs, videos, and other similar content.
1.11 "Support Services" means the success services provided by Buildertrend, as specified in an applicable Order Form.
1.12 "Service" means Buildertrend's construction management software as a service platform, including any Improvements and Applications.
1.13 "Subscription" means the access to the Service purchased by a Customer, as set forth in an applicable Order Form, who has authorized you to use or access the Service under such Customer's account.
1.14 "Subscription Term" means the period during which you are authorized by a Customer or an Authorized User to use or access the Service under a Customer's account pursuant to the terms set forth in this Agreement.
2. The Service
2.1 Provision of the Service. During the applicable Subscription Term, Buildertrend shall make the Service purchased by such Customer available for use by you pursuant to the terms of this Agreement. The Service will include the features and functionality applicable to the version of the Service ordered by the relevant Customer. Buildertrend may update the content, functionality, and user interface of the Service from time to time in its sole discretion.
2.2 Access Rights. Buildertrend hereby grants you a non-exclusive, non-sublicenseable, non-transferable (except as specifically permitted in this Agreement), revocable right to access and use the Service, pursuant to the terms of this Agreement, during the applicable Subscription Term.
2.3 Usage Rights. You shall not (a) make the Service available to, or use the Service for the benefit of, anyone other than you; (b) rent, sublicense, re-sell, assign, transfer, distribute, time share, or similarly exploit the Service; (c) reverse engineer, copy, modify, adapt, hack the Service, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) access the Service or Buildertrend's Confidential Information to build a competitive product or service; (e) alter or remove, or permit any third party to alter or remove, any proprietary trademark or copyright markings incorporated in, marked on, or affixed to the Service; (f) allow Authorized User Subscriptions to be shared or used by more than one individual Authorized User (except that Authorized User Subscriptions may be reassigned to new Authorized Users replacing individuals who no longer use the Service for any purpose, whether by termination of employment or other change in job status or function); (g) purchase any services through the Service which are prohibited in your jurisdiction; (h) use any software, devices, scripts, crawlers, robots, or other automated processes to copy, scrape, or systematically acquire any content contained within the Service without the express written consent of Buildertrend, or (i) access or use the Service: (1) to send or store infringing, obscene, threatening, or otherwise unlawful material, including material violative of third-party privacy rights; (2) in violation of applicable laws; (3) to send or store material knowingly or intentionally containing software viruses, worms, Trojan horses or other harmful computer code, files, or scripts; or (4) in a manner that interferes with or disrupts the integrity or performance of the Service (or the data contained therein). You are solely responsible for maintaining the security of your account and password.
2.4 Compliance. You are responsible for the accuracy, quality, legality, reliability, and appropriateness of all Customer Data you upload into the Service. You shall ensure that you are entitled to transfer the relevant Customer Data to Buildertrend so that Buildertrend and its service providers may lawfully use, process, and transfer the Customer Data in accordance with this Agreement on the relevant Customer's behalf. You shall promptly notify Buildertrend if you become aware of any unauthorized use of or access to your account or the Service.
2.5 Suspension. In addition to any other remedies that may be available to us, Buildertrend reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or access to the Applications or the Service, without liability for Buildertrend should you fail to abide by the rules in this Agreement or if, in Buildertrend's sole discretion, such action is necessary to prevent disruption of the Service or Applications for other users. Buildertrend reserves the right to notify Authorized Users or other Customer representative(s) of any violations of this Agreement.
3. Warranties
3.1 By You. You warrant that (a) this Agreement is legally binding upon you and enforceable in accordance with its terms; (b) you have obtained all legally required consents and permissions for the submission and processing of any and all data submitted through the Service by you including, but not limited to personal data; and (c) the transfer and processing of Customer Data or Registered Client Data uploaded by you into the Service complies with all applicable laws.
3.2 By Buildertrend. Buildertrend warrants that (a) this Agreement is legally binding upon it and enforceable in accordance with its terms; and (b) its performance hereunder will not conflict with any other agreements with third parties.
3.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE APPLICATION, THE SERVICE, AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND BUILDERTREND AND ITS AFFILIATES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE AND NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE AND BUILDERTREND DOES NOT WARRANT THAT THE SERVICE OR THE APPLICATION WILL MEET YOUR NEEDS. YOU ACKNOWLEDGE THAT BUILDERTREND DOES NOT WARRANT THAT THE APPLICATION OR THE SERVICE WILL BE UNITERRUPTED, TIMELY, SECURE, OR ERROR-FREE. BUILDERTREND IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION, OR OTHER DAMAGE RESULTING FROM MATTERS OUTSIDE OF ITS CONTROL, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE, AND PERSONAL COMPUTING DEVICES, TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS, AND THIRD-PARTY HOSTING SERVICE PROVIDERS. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY IN ALL CIRCUMSTANCES. Buildertrend does not warrant that the Application or the Service will be compatible with all devices. If the Application or the Service is accessed through a mobile device, the relevant wireless service carrier may charge applicable data rates and related fees.
3.4 Device and Wireless Carrier Disclaimers. While Buildertrend attempts to provide the Service and Application features to all users, use of the Application and the Service may be limited for some or all users due to conditions outside of Buildertrend's control. As a result, not all advertised features may be available at all times. Some of these conditions include, but are not limited to, the following: an individual's mobile device or their wireless carrier may limit the features available. Data or messaging plans may limit certain use of the Service. An individual's wireless voice and/or data signal may make access to the Application or some of its features intermittent or unavailable. The Application and its features may not be available in some geographic locations.
Buildertrend is not liable, and expressly disclaims any representations or warranties, regarding access to the Application or its services or features through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. Buildertrend does not guarantee that the Service will always be accessible or available. You are responsible for any and all costs you incur to access the Application through your own mobile device.
4. Term and Termination
This Agreement commences upon your downloading or using of any Applications or accessing of the Services and shall remain in effect for the duration of the Subscription Term, except as otherwise set forth herein. Either party may terminate this Agreement if the other party: (a) is in material breach of this Agreement and fails to cure such breach within twenty (20) days following receipt of written notice from the non-breaching party, except that termination will take effect upon notice in the event of a breach of Section 2.3 (Usage Restrictions); or (b) ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within sixty (60) days. Upon expiration or termination of this Agreement for any reason, any rights granted to you under this Agreement shall immediately terminate, and Buildertrend may immediately deactivate your account(s) associated with the Agreement. In no event will any termination relieve you of the obligation to pay any fees accrued or payable to Buildertrend. The following sections shall survive expiration or termination of this Agreement: Section 1 (Definitions), Section 2.3 (Usage Rights), Section 3 (Warranties), Section 4 (Term and Termination), Section 5 (Confidentiality), Section 6 (Intellectual Property Rights), Section 7 (Indemnification), Section 8 (Liability), Section 9 (Export Compliance), Section 10 (Use Outside the United States of America), and Section 11 (Miscellaneous).
5. Confidentiality
5.1 Definition of Confidential Information. During the course of performance under this Agreement, each party may make available to the other party information that is not generally known to the public and at the time of disclosure is either identified as, or should reasonably be understood by the receiving party to be, proprietary or confidential (the "Confidential Information"). Confidential Information specifically includes, but is not limited to, the Service, any Order Form(s) entered into by the parties, Customer Data, Registered Client Data, results, business plans, project plans and roadmaps, schedules, forecasts, purchase orders, billing, financial information and fee structures, business processes, methods and models, and technical documentation. Confidential Information does not include information that (a) is or becomes publicly available without breach of this Agreement by the receiving party; (b) was known to the receiving party prior to its disclosure by the disclosing party; (c) is or was independently developed by the receiving party without the use of any Confidential Information of the disclosing party; or (d) is or was lawfully received by the receiving party from a third party under no obligation of confidentiality.
5.2 Protection of Confidential Information. Except as otherwise expressly permitted under this Agreement, with the express prior written consent of the disclosing party, or as required by law, the receiving party will not disclose, transmit, or otherwise disseminate to a third party any Confidential Information of the disclosing party. The receiving party will use the same care and discretion with respect to the Confidential Information received from the disclosing party as it uses with its own similar information, but in no event less than a reasonable degree of care. The receiving party may disclose the disclosing party's Confidential Information to its employees, Affiliates, consultants, subcontractors, agents, or advisors ("Representatives") who have a strict need to access the Confidential Information for the purpose of performing under this Agreement and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement. Either party may disclose the terms of this Agreement to potential parties to a bona fide fundraising, acquisition, or similar transaction solely for purposes of the proposed transaction, provided that any such potential party is subject to written non-disclosure obligations and limitations on use no less protective than those set forth herein.
5.3 Equitable Relief. The receiving party acknowledges that the remedy at law for breach of this Section 6 may be inadequate and that, in addition to any other remedy the disclosing party may have, it shall be entitled to seek equitable relief, including, without limitation, an injunction or injunctions (without the requirement of posting a bond, other security or any similar requirement or proving any actual damages), to prevent breaches or threatened breaches of this Section 6 by the receiving party or any of its Representatives and to enforce the terms and provisions of this Section 6 in addition to any other remedy to which the disclosing party is entitled at law or in equity.
5.4 Compelled Disclosure. The receiving party may access and disclose Confidential Information of the disclosing party if legally required to do so in connection with any legal or regulatory proceeding; provided, however, that in such event the receiving party will, if lawfully permitted to do so, notify the disclosing party within a reasonable time prior to such access or disclosure so as to allow the disclosing party an opportunity to seek appropriate protective measures. If the receiving party is compelled by law to access or disclose the disclosing party's Confidential Information as part of a civil proceeding to which the disclosing party is a party, the disclosing party will reimburse the receiving party for the reasonable costs of compiling and providing secure access to such Confidential Information. Receiving party will furnish only that portion of the Confidential Information that is legally required to be disclosed, and any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally compelled disclosure.
5.5 Sensitive/Personal Information. You agree that it shall not use the Service to send or store personal information subject to special regulatory or contractual handling requirements (e.g., Payment Card Industry Data Security Standards, the Gramm-Leach-Bliley Act, the Health Insurance Portability and Accountability Act, and any similar data protection laws) including without limitation: credit card information, credit card numbers and magnetic stripe information, social security numbers, driver's license numbers, passport numbers, government issued identification numbers, health-related information, biometric data, financial account information, personally identifiable information collected from children under the age of 13 or from online services directed toward children, and real time geo-location data which can identify an individual, or information deemed "sensitive" under applicable law (such as racial or ethnic origin, political opinions, or religious or philosophical beliefs).
6. Intellectual Property Rights
6.1 By You. You own all right, title, and interest in and to your Confidential Information and Customer Data, including all related Intellectual Property Rights and Registered Client Confidential Information. You grant Buildertrend and its authorized third party service providers a worldwide, non-exclusive, royalty-free license to host, copy, access, process, transmit, and display Customer Data: (a) to maintain, provide, and improve the Service and perform under this Agreement; (b) to prevent or address technical or security issues and resolve support requests; (c) to investigate in good faith an allegation that an Authorized User or Registered Client is in violation of this Agreement; or (d) at your direction or request or as permitted in writing by you. Notwithstanding anything set forth herein to the contrary, Buildertrend may also collect information from the Service related to or arising from your use of the Service. Such information may include personally identifiable information; provided that, Buildertrend agrees to remove or anonymize all personally identifiable information included in such data before disclosing such information to any third party. Buildertrend may use such collected information to improve its product offerings and services as well as share it with third party affiliates to develop new product offerings and services.
6.2 By Buildertrend. Buildertrend owns and will continue to own all right, title, and interest, including all related Intellectual Property Rights, in and to its Confidential Information and the Service, including any Improvements, enhancements, customizations, or modifications thereto.
6.3 Suggestions. Buildertrend welcomes feedback from its customers about the Service. If you provide Buildertrend with any ideas, suggestions, documents, proposals or feedback regarding the Service ("Feedback"), you agree as follows: (i) you grant Buildertrend an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, disclose, prepare derivative works, publish, reproduce, sublicense, or otherwise distribute and exploit the Feedback without restriction or any obligation to you, provided that Buildertrend shall not identify you, as the source of such Feedback, and (ii) the Feedback does not contain any confidential information of third parties, and (iii) Buildertrend is under no obligation of confidentiality, express or implied, with respect to the Feedback.
7. Mobile Application License
7.1 License. Buildertrend may offer from time to time the Buildertrend Mobile Application. If such an Application is available and you choose to download it, subject to, and in accordance with, the terms of this Agreement, Buildertrend grants to you and you accept from Buildertrend, a limited, revocable, non-exclusive, and non-transferable license to use the Application. Buildertrend reserves all rights not expressly granted hereunder. This license is automatically revoked if a party violates any of the terms of this Agreement.
7.2 Payment Terms. Buildertrend may make all or some of the Application and the Application's services available for free (the "Free Services"). Buildertrend does not guarantee that any portion of the Services will always be available for free and reserves the right to begin charging for any portion of the Services at any time. The Free Services may have reduced functionality. Please review the specific terms for your applicable purchase. If you make a purchase through the Service, then you consent to Buildertrend storing your payment information. Prices are subject to change. In the event the Buildertrend Service is discontinued for any reason, any purchases will terminate and no refund will be made.
7.3 Source Code. The grant of this license is not, and shall not be construed as, a grant of any right to use, receive or view, copies of source code, schematics, master copies, design materials or other information used in creating, developing or implementing the Application, including updates or modifications thereto. Without limiting the foregoing, you shall have no rights to receive any source code for the Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the Application for any purpose.
7.4 Prohibitions. You agree not to do, or permit others to do, any of the following: (a) copy or modify the Application in any way, except as expressly permitted in these Terms; (b) remove or modify Buildertrend's copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Application or Service; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Application's source code or object code or other runtime objects or files distributed with the Application; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Application or Service; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Application or Service, in any form, to any third party (including in any service bureau or similar environment); (f) use the Application or Service to process the data of third parties; (g) use, install, or make available the Application, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP); or (h) use the Application or Service to infringe on any person's copyright. In addition, you agree not to violate or attempt to violate the security of Buildertrend's networks or servers, including (x) access data not intended for you or log into a server or account which you are not authorized to access; (y) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempt to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing.
7.5 Maintenance or Support. Buildertrend is not under any obligation to provide maintenance or support for the Application. Buildertrend may provide maintenance or support for the Application in Buildertrend's sole discretion.
7.6 Uninstallation. You may, at any time, uninstall the Application by utilizing its mobile device's procedures for uninstalling downloaded applications. However, Buildertrend may retain collected data after the uninstallation.
7.7 Third-Party Terms. You must comply with applicable third-party terms of service when using the Application, including any terms required by an applicable mobile carrier or device manufacturer.
7.8 Apple and Google-Specific Terms. The following additional terms and disclosures only apply to you if you use the Application through the Apple or Google operating systems, if available and as applicable:
- This is a custom end-user license agreement between you and Buildertrend, and not with Apple. Buildertrend, and not Apple, is solely responsible for the Application, the Service, and the related content.
- Buildertrend grants you the non-transferable right to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
- In the event of any failure of the Application to conform to any applicable warranty, if any, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of to conform to any warranty, if any, will be the sole responsibility of Buildertrend.
- Buildertrend, and not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third party claim that the Application or your possession and use of that Application infringes that third party's intellectual property rights, Buildertrend, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Any questions, complaints, or claims with respect to the Application should be directed to the address contained in Section XX, below, or at firstname.lastname@example.com.
- You must comply with applicable third party terms of agreement when using the Application.
- Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- This is a separate end user license agreement between you and Buildertrend, and not with Google.
- Subject to, and in accordance with, these Terms and any required payments, Buildertrend grants to You, and You accept from Buildertrend, a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application on your device that can access Google Play. The user may include, but is not limited to, a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play are subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase a single copy of the Service (except in-app and subscription products, which cannot be shared) and share it with other family members in their family group. This license is automatically revoked if you violate any of these Terms.
- You are allowed unlimited reinstalls of the Application, unless and until Buildertrend removes the Application from the Google Play or any other Google-branded distribution platform.
- Buildertrend, and not Google, will have the sole responsibility to undertake or handle support and maintenance of the Application or any complaints about the Application, subject to these Terms.
- Buildertrend, and not Google, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; (c) intellectual property claims; and (d) claims arising under consumer protection, privacy, or similar legislation, if applicable.
- Buildertrend, and not Google, is solely responsible for Buildertrend's breach of any agreement with Google, any applicable third-party contract or terms of service, or any applicable law or regulation.
- Any questions, complaints, claims, or issues regarding defects or performance issues with respect to the Application should be directed to the address contained in Section XX, below, or at email@example.com.
- The collection, use, and distribution of your information is governed by the Buildertrend Privacy Policy and by downloading and/or using the Application you agree to be bound by the terms of that Privacy Policy.
8. Indemnification
8.1 By Customer. You shall indemnify, hold harmless and defend Buildertrend, its Affiliates, and their employees, officers, and directors (together, the "Buildertrend Indemnified Parties") from and against any third party claims, actions, proceedings, suits and demands brought against the Buildertrend Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, settlement costs and reasonable attorneys' fees) incurred by the Buildertrend Indemnified Parties arising out of or relating to: (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, (iii) your unauthorized use of the Service, or (iv) your use, posting, uploading or transmission of Customer Data and/or Registered Client Data. Buildertrend will provide prompt notice to you of any indemnifiable claim against Buildertrend. You will undertake, at your own cost, the defense of any claim, suit, or proceeding with counsel reasonably acceptable to Buildertrend. Buildertrend reserves the right to participate in the defense of the claim, suit or proceeding, at Buildertrend's expense, with counsel of Buildertrend's choosing.
8.2 By Buildertrend. Buildertrend will indemnify, defend, and hold harmless you, your Affiliates, and their employees, officers, and directors (together "Your Indemnified Parties") from and against all liabilities, damages, costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against Your Indemnified Parties to the extent the claim is based on an allegation that the Service infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party. In no event will Buildertrend have any obligations or liability under this Section arising from: (i) your use of the Service other than as permitted under this Agreement; or (ii) use of the Service in a modified form or in combination with products, services, content, or data furnished to your by Buildertrend.
8.3 Potential Infringement. If the Service becomes, or in Buildertrend's reasonable judgment is likely to become, subject to a claim of infringement, then Buildertrend may in its sole discretion: (a) obtain the right, at Buildertrend's expense, for you to continue using the Service; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Service so that it is no longer infringing. If Buildertrend, in its sole reasonable judgment, determines that none of the above options are commercially reasonable, then Buildertrend may suspend or terminate your use of the Service, in which case Buildertrend's sole liability (in addition to its obligations under Section 8.2) shall be to provide you with a prorated refund of any prepaid, unused fees applicable to the remaining portion of the Subscription Term. Sections 8.2 and 8.3 state Buildertrend's sole liability and Your Indemnified Parties' exclusive remedy for infringement claims.
8.4 Indemnification Process. The party seeking indemnification must provide prompt notice to the indemnifying party concerning the existence of an indemnifiable claim and must provide the indemnifying party with all information and assistance reasonably requested and otherwise cooperate fully with the indemnifying party in defending the claim. Failure to give prompt notice does not constitute a waiver of a party's right to indemnification and shall affect the indemnifying party's obligations under this Agreement only to the extent that the indemnifying party's rights are materially prejudiced by such failure or delay. The indemnifying party shall have full control and authority over the defense of any claim. However, any settlement requiring the party seeking indemnification to admit liability or make any financial payment shall require such party's prior written consent.
9. Liability
9.1 Limitation of Liability. EXCEPT FOR A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9 ("INDEMNIFICATION"), IN NO EVENT SHALL EITHER PARTY'S OR ITS AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE GREATER OF (A) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICE DURING THE PREVIOUS SIX (6) MONTHS, OR (B) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE TERMINATION (WITHOUT REFUND) AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
9.2 Exclusion of Consequential and Related Damages. IN NO EVENT SHALL BUILDERTREND OR ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY (A) LOST PROFITS, REVENUES, OR LOSS OF USE, OR LOSS OF DATA, OR INFORMATION (B) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, (C) BODILY INJURY OR EMOTIONAL DISTRESS, OR (D) REPUTATIONAL HARM, HOWEVER CAUSED, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR UNDER ANY OTHER THEORY OF LIABILITY AND WHETHER OR NOT BUILDERTREND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
9.3 Allocation of Risk. The provision of this Section 10 allocates the risks under this Agreement between the parties, and the parties have relied on these limitations in determining whether to enter into this Agreement.
10. Export Compliance.
The Service may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You shall not access or use any Service in a U.S.-embargoed country or region or in violation of any U.S. export law or regulation. You shall not use the Service to export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations that may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction you operate or do business.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Service. If Buildertrend determines that the Service is being used by prohibited persons, Buildertrend will terminate any impacted accounts. Buildertrend reserves the right to also provide notification of any such usage to the US DOT/OFAC.
11. Use Outside the United States.
The Service is controlled and operated by Buildertrend from its offices in the United States of America. Except as explicitly set forth herein, Buildertrend makes no representations that the Service is appropriate for use in other jurisdictions. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local laws.
12. Miscellaneous
12.1 Governing Law; Venue. This Agreement and any disputes arising under it will be governed by the laws of the State of Nebraska without regard to its conflict of laws provisions, and each party consents to the personal jurisdiction and venue of the state or federal courts located in Omaha, Nebraska. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
12.2 MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS. PLEASE READ THIS SECTION CAREFULLY, IT EXPLAINS THE TERMS UPON WHICH CUSTOMER IS WAIVING ITS RIGHT TO BRING CLAIMS ARISING UNDER THIS AGREEMENT IN A COURT OF LAW OR TO HAVE A JURY RESOLVE ANY DISPUTES HEREUNDER. Except if other applicable laws require otherwise, the parties hereto agree and understand that any dispute or claim related to your use of the Service, any disputes regarding any alleged breach of the Agreement, to the extent such dispute cannot otherwise be resolved, as well as any other action to enforce the terms of this Agreement or for the breach of this Agreement, shall be referred to final and binding arbitration, and not in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Any arbitration proceeding will take place in the State of Nebraska, subject to the laws of the State of Nebraska and will otherwise be governed by the then-current commercial arbitration rules of the American Arbitration Association, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal or state. The parties in any arbitration to enforce this Agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney's fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
All parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The parties also agree that you and Buildertrend may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
12.3 Notice. Buildertrend may give notices to you related to the Service through email, text, in-app notifications, or by posting them on the Buildertrend website or through the Service and such electronic notices shall satisfy any legal requirement that such notices be made in writing. Notices to Buildertrend shall be sent to Buildertrend Legal at email@example.com with a copy sent first class, airmail, or overnight courier to Buildertrend Solutions, Inc., 11818 I Street, Omaha, NE 68137, c/o: Legal Department.
12.4 Relationship of the Parties. The parties are and shall be independent contractors with respect to all services provided under this Agreement. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. There are no third-party beneficiaries to this Agreement. Without limiting this Section, you acknowledge and agree that there are no third-party beneficiaries to your rights under this Agreement.
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12.10 Hyperlinks. A link from the Service to a third party's website does not mean that Buildertrend endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. Additionally, Buildertrend suggests you review the linked site's terms of service and privacy policy, and if you do not agree to be bound by the terms of that site, terminate your visit to that site. Buildertrend is not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties. Buildertrend expressly disclaims any liability related to such sites. Buildertrend also prohibits unauthorized hypertext links to the Service or the framing of any content available through the Service. Buildertrend reserves the right to disable any unauthorized links or frames.
12.11 Entire Agreement. This Agreement, including all attachments, exhibits, addendums, and any Order Form(s) hereunder, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes and replaces any prior or contemporaneous representations, understandings and agreements, whether written or oral, with respect to its subject matter. The parties are not relying and have not relied on any representations or warranties whatsoever regarding the subject matter of this agreement, express or implied, except for the representations and warranties set forth in this Agreement. To the extent of any conflict or inconsistency between the provisions of the Agreement and any Order Form, the Agreement shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a customer purchase order, vendor onboarding process, web portal, or any other order documentation with you shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.


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Nikon presents the D7500, designed to expand the creative possibilities for photographers as they pursue their passion in photography. Powerful, nimble, and fully connected, the D7500 offers the same image quality as the D500 — Nikon's flagship DX-format DSLR — and a level of performance that overcomes the most challenging conditions.
The Nikon D3500 is a compact 24.2-megapixel entry-level DSLR with an APS-C CMOS sensor and a versatile 18-55mm VR zoom lens for everyday photography. Packed into the D3500's ergonomic and lightweight body is an 11-point autofocus system, 5fps burst shooting, 1080/60p video, an easy-to-use Guide Mode, Bluetooth connectivity, and a battery life that offers approx. 1500 shots on a single charge.
The Nikon D5600 is a digital SLR camera that fuels your creative spirit, and makes it easy to share your most inventive works. Capture that fleeting moment of beauty, experiment with light and shadow, or shoot brilliantly detailed full HD movies from any angle with the highly adjustable and responsive touch screen. The D5600 gives you the full scope of DSLR photography in a compact, portable, and ergonomically-designed body.
Aimed at passionate and serious enthusiasts, the Nikon D500 offers many of the professional features that exist in the D5, Nikon's flagship FX-format model, into a compact, lightweight DX-format body. The D500 incorporates a powerful 153-point AF system to keep the pace of moving subjects, a 20.9-megapixel CMOS sensor for stunning resolution and a brand-new EXPEED 5 image processor to allow up to 10fps so that you never miss a moment of the action. It also offers a wide sensitivity range from ISO 100-51,200 (exp.
The Nikon D810 builds upon its predecessors (the D800 and D800E) with a new 36.3 megapixel FX sensor and powerful EXPEED 4 image processor, to bring new levels of speed, enhanced video functionality and the highest image quality in Nikon's history. With that in mind, Nikon has chosen to remove the optical low-pass filter in the sensor to optimise sharpness and broaden its native sensitivity range to ISO 64-12,800 (expandable from 32 to 51,200) to allow even more control over stills and videos.
The Nikon D750 is designed for the serious photographer, offering 24.3 megapixels in a full-frame (FX) format, and touching on many of the important features found in the more advanced models, such as the 51-point AF system with Group Area AF mode, powerful EXPEED 4 image processor and Full HD video recording at 50/60p. The large sensor, together with the processor provides excellent cropping flexibility and the ability to capture clean, stunning images and videos across a native sensitivity range of ISO 100-12800 (expandable to 50-51,200).
The Nikon D610 is designed for the serious enthusiast photographer and builds upon the success of the smallest and lightest full-frame (FX) DSLR, the D600. The Nikon D610 offers many of the advanced features found in Nikon's D4 and D800 cameras including the EXPEED 3 image processing engine, a 3.2" 912k dot resolution LCD screen and advanced video controls. The 24.3-megapixel sensor and wide ISO range of 100-6400 (extendable to 50-25,600) delivers outstanding levels of detail and tonal range, even in situations where there is minimal light.
The Nikon D5300 with 18-55mm VR II lens is the first Nikon DX-format digital SLR camera to feature built-in Wi-fi and GPS. The Nikon D5300 sits in the mid-range cropped sensor line-up and is specifically designed for creative enthusiasts who want to document their travels and share their view of the world to their loved ones through high-quality images. The 24.2 megapixel CMOS sensor has been specifically designed with no optical low-pass filter (OLPF) to boost detail and clarity, whilst the 39-point AF system with nine cross-type sensors ensures outstanding accuracy and sharpness.
The Nikon D7200 is a sophisticated, high performance DX-format DSLR aimed at the passionate and serious photographer looking for superior image quality, class leading performance and enhanced movie capture capability. Designed to inspire enthusiasts who want to develop their photographic skills, the D7200 features professional-level technologies such as a 24-megapixel CMOS sensor, 51-point AF system, an ISO range of 100-25,600, 6fps continuous shooting and Full HD 1080p movie recording.
Designed and built by Crystal Pyramid Limited.
Another responsive website by Crystal Pyramid Web design.

subset: commoncrawl


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Shop or Sell with our community during our huge yard sale. Here are the details:
- $20 for a reserved 10'x10' space
- Seller must bring your own tables & chairs
- No food & drinks sold - Gym will be selling those items
- All profits are yours to keep unless you're part of our gym
- Unless you're part of our gym, your profits will be turned in at the end of day & payment will be applied directly to your child's account. This fundraiser is scheduled on the 15th & payment will remain on the 15th so these profits will be applied towards the next scheduled payment - July 1st
- Seller responsible for set up & clean up. No unattended young children allowed. Traffic is busy and fast moving vehicles are always a concern. Be available to attend to customers.
- Your items, your price tag. Negotiations are up to the seller.


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Famed movie director Frank Capra called it his "ShangriLa for script writing." It was at the La Quinta Resorts and Club in La Quinta, Calif., near Palm Springs that he — together with co-writer Robert Riskin — penned the Oscar-winning "It Happened One Night."
The site proved ideal for this year's Western Candy Conference (March 21-25), providing attendees with a spectacular backdrop for WCC's 85th anniversary and its GENerational theme. And the stars were definitely in attendance, such as 50-year conference attendees Herm Rowland Sr. of Jelly Belly; John Brooks Sr. and Tempe Brooks from Adams & Brooks; Pierson Clair of Brown & Haley; Jack Zachary of Zachary Candies; and Marion Saroni of Batory Foods, as well as their spouses and family members.
But as conference chairman Patrick Murnane reminded everyone, this conference wasn't only about reflecting on past glory days, but on ushering in the next generation of confectionery glitterati. And the first day of morning seminars certainly echoed that thought.
Peter Greer, president and ceo of HOPE International Mission Drift — a global faith-based microfinance organization, moderated the three panels focused on GENerations, GENerosity and inGENuity.
Noting his own "passion of entrepreneurship," which he said can contribute "an incredible amount of good," Greer pointed out few family businesses — 85 percent don't survive past five years — last into the third generation. And yet, here at the WCC's conference, companies with centennial-plus legacies were commonplace, as demonstrated by the morning panelists.
Herman Rowland, Sr., chairman of Jelly Belly Candy Co.; Frank Murnane Jr., president of Murnane Cos.; and Mitchell Goetze, ceo of Goetze's Candy Co., detailed their experiences working in a family business. Each recalled how early struggles ranging from 5:30 wake-up calls as youngsters to admonitions about one's place in the business shaped their growth.
As Murnane explained, the rule of thumb was that "unless you work in the company, you don't get a piece of the company."
And Goetze echoed that statement, recounting to the audience how, "My grandfather reminded me that just because my last name is on the door doesn't mean I own the place."
The second panel zeroed in on generosity, which happens to permeate the confectionery industry. As Greer emphasized, "You never know the full impact of your generosity." In regards to WCC participants, he reaffirmed that "you are a community of givers."
Lisa Rowland Brasher, president and ceo of Jelly Belly Candy Co., and Rob Nelson, chairman and ceo of Elmer Chocolate, each spoke about the various ways companies give, as well as what kind of impact each has on communities locally and globally.
Brasher cited Jelly Belly Candy Co.'s close connection to the U.S. military and children's charities, which takes the form of product donations to military units serving overseas to sponsoring a fund-raising celebrity golf outing. Nelson discussed his company's involvement in raising the skill and pay level of his employees through a community college training program designed to match the demands of increased automation and technology now found in his facility and in the industry.
For the final panel, which explored ingenuity, Ann Taylor, assistant dean for distance learning at Pennsylvania State University, moderated the session. Prior to kicking off the discussion, Taylor touched on the enormous changes that have taken place on college campuses, everything from videography to learning pods.
Katherine Clark, v.p. of sales of Capol, LLC; Richard Kay, president and ceo of Sweet Candy Co.; and David Taiclet, retired president, 1-800Flowers.com, food division, shared their thoughts on the demand for innovation and ways to foster that process.
As Kay explained, "Innovating in manufacturing is easy, but making it viable is what's difficult. Making candy is easy, but making money selling candy is harder."
But as Taiclet pointed out, it's not just innovation in manufacturing that's possible; other areas such as finance and human resources are ripe for innovative changes.
Of course, innovation can't operate in a vacuum, particularly as it applies to ingredients. In this era of "farm to fork," consumers are looking at ingredient labels closely. In addition, government regulations and the availability of raw materials affect costs, Clark said. As a result, being creative and innovative in dealing with such challenges plays a key role in a company's growth and prosperity.
Lunch with John Downs, president and ceo of the National Confectioners Association, followed the panel sessions. Among the various updates, Downs provided the hungry conference attendees with a preview of upcoming survey results that show healthy consumers "eat more chocolate and candy than obese people."
Complete survey results conducted by the Hudson Institute will be released on April 11 or 12, which affirm that chocolate and candy consumption help these consumers feel good and provide an emotional high and charge in everyday life.
"This is powerful information," Downs said.
And speaking of powerful, the day ended with a themed dinner at the Empire Polo Club. Upon arrival, guests were treated with an up front and personal visit with jockeys and horses who were going to play an exhibition match before dinner.
Just prior to the start of the match, a double rainbow graced the skies, signaling a serendipitous finale to the day. After enjoying a broad range of offerings, willing WCC members had a chance to play "golf cart polo."
The same jockeys who rode the ponies hard in the exhibition polo match commandeered the golf carts, with guests whacking the polo ball with mallets while holding on for dear life as the game progressed. Exhilarating to all who participated, including yours truly.
Hey, it's something everyone should put on their bucket list. More on WCC and its Hollywood-like event in our May issue.


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ARTIST: Wangechi Mutu, Tumours of the Uterus
THIS WEEK: Why you need to strut your stuff; common artist legal problems; how to become a famous writer; challenges faced by alternative health practitioners; and, more....
#1. Common Artist Legal Problems and How to Avoid Them
Selling your art through a dealer, consultant, artist representative, gallery, or agent constitutes a business relationship. A successful relationship means negotiating and implementing a contract, agreement, or arrangement that works for both you and the seller.... This sounds straightforward, but problems arise when either one or both parties doesn't understand the details of an arrangement, one or both parties decides that the arrangement isn't fair, or one or both parties doesn't honor the arrangement.... Fortunately, the great majority of problems, legal and otherwise, can be avoided by following a few simple procedures....
by Alan Bamberger | Art Business | READ ENTIRE POST
#2. Sign Your Art So People Can Read It (and Other Tips)
Your signature identifies your art for all time as having been created, approved of, and completed by you and you alone (with the exception of collaborative efforts). When someone wants to know who created your art, your signature tells them. When someone sees your art for the first time and wants to see more, your signature helps them find you. When you're not around to identify your art (and sooner or later you won't be), your signature identifies it for you. Far too many artists treat signing their art as an afterthought, a formality, like signing a check or a credit card receipt. But dismissing the importance of the signature and the moment of signing can lead to all sorts of problems later in a work of art's life....
by Alan Bamberger | Art Business | READ ENTIRE POST
#3. The Art of Brochures
The greatest challenge for any small business or start-up looking to acquire new business is being able to identify and attract people who have a need for their product or service and the money to fund that need. Most small businesses have difficulty attracting new clients because they haven't created a valuable and memorable identity that clearly distinguishes them from their competitors. Typically, most entrepreneurs and professionals are ineffective at articulating the uniqueness and value of their business offering — a critical tool for turning prospects into paying clients. First impressions can make or break your business....
by Ellen Looyen | Guerilla Marketing | READ ENTIRE POST
ARTIST: Wangechi Mutu, Cervical Hypertrophy
#4. Balls-On Marketing: Why You Need to Strut Your Stuff
Arrogance is bliss — as long as you don't overdo it.... The problem for most of us is that we let that little voice in our head beat us down until we are scared shitless. We look at "tiny ol' us" and "big ol' them" and we struggle with the self confidence we need to really pull in the business that we know we're capable of. We're afraid to fail, to look stupid, to risk it all…and we choke. Sometimes we choke just a little bit, never chasing the bigger business…and sometimes we choke completely, and the business fails....
by Dave Navarro | Itty Biz | READ ENTIRE POST
#5. Entrepreneurship: What To Do When You're Scared Sh*tless
The absence of fear is not courage. The absence of fear is mental illness.... I'd love to make this into a handy bulleted list with lots of outgoing link love. Then everyone could bookmark it and Stumble it and Digg it and I could be the linkbait queen of the world. Sadly, I can't. I can tell you what I know about fear, though. It sucks. A lot. It can paralyze you and sicken you and leave you cold and lonely. I got pregnant at 17 with a man who wasn't exactly my soul mate. I dropped out of college and people told me I would never make anything of myself. I have been on welfare. And I run my own home business.... So here's my not-very-linear advice on fear....
by Naomi Dunford | Itty Biz | READ ENTIRE POST
#6. How to Become a Famous Writer
So your first published piece won't be in the New Yorker. So what? Maybe it will be in a small community newspaper published out of someone's dirty kitchen and the only way you'll get them to print it is by volunteering to do the dishes. It might be in a niche magazine or a small-circulation nation zine...it might be in a self-published chapbook. It doesn't matter. Get used to publication....
by Jim Munroe | No Media Kings | READ ENTIRE POST
#7. Do-It-Yourself Book Press
I now produce my own books at home from start to finish, and in this article will explain what I've had to learn and acquire in order to do that. Generally, self-publishing involves an inverse relationship of work to money: The more work you're willing to do, the more money you can save; the more you want to just skip to an end product, the more it'll cost you....
by Hamish MacDonald | No Media Kings | READ ENTIRE POST
ARTIST: Wangechi Mutu, Primary Syphilitic Ulcers of the Cervix
#8. Risky Business: Indie Book Distribution
Distribution is one of the toughest nuts to crack when it comes to publishing. There's a few reasons for this, one of which is that it's boring. It's hard to get excited about receivables, warehousing, and invoices. But good distribution has made it possible for me to make a living off my books....
by Jim Munroe | No Media Kings | READ ENTIRE POST
#9. Establishing Your Fees
To make a living at what you love, the key is to assess what you truly desire as reimbursement. You will be rewarded with what you desire most. What do you value? Is it gratitude, appreciation, recognition, happiness? Do you want to feel good about yourself? Do you want to make a difference in the world or help people? Or do you desire money? Do your values focus on idealistic spiritual or esoteric concepts? Few spiritual people would list money as their primary desired reward. They prefer to feel good about themselves spiritually, rather than materially. Unfortunately, this can sabotage cash income and cause severe financial restrictions....
by Dr Nance C. MacLeod | Wealth of Knowledge Books | READ ENTIRE POST
#10. Your Challenges
Your most dangerous obstacle in business isn't your competition, or your marketplace, or your location. Your most dangerous obstacle, and the only thing that can put you out of business is...YOU.... How many ways are you sabotaging your own success and your sense of personal fullfillment without even knowing it? As long as you keep thinking the same way, and acting the same way, you are going to get exactly the same results as you have been getting. The only way to get different results, is to change what you are doing. You must break through your comfort zone and practice doing things that are not comfortable if you want to move to a new level in your life....
by Dr Nance C. MacLeod | Wealth of Knowledge Books | READ ENTIRE POST
ARTWORK by Wangechi Mutu (Nairobi, Kenya)
Want more info on this artist? Please visit Wangechi Mutu's Wikipedia page.


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PrimeFocus™ Mini-Assessment: Complete the Self-Assessment
Change-Readiness Indicator: Complete the Assessment
Author: Primeast
Date: 05/09/2020
Wouldn't the workplace be a more productive and pleasant place to work if all your people were able to solve problems? To achieve this nirvana, it's necessary to get your people engaged in thinking critically and creatively. One way in which this can be achieved is by setting workplace scenarios, with real-life problems to be solved.
In this article, you'll learn how to use workplace scenarios to create an organizational culture in which problem solving becomes the responsibility of all.
Today, people are faced with many problems that need a creative solution. These may be of a personal nature – perhaps conflict between colleagues, for example – or involving customers, products, services, machinery, or processes. Disengaged employees seek to avoid responsibilities for such issues. This creates a situation where managers are required to step in, often to solve everyday problems, consequently always disrupting focus, diverting energy, and destroying valuable time. You can see why problem-solving skills are critical in the modern workplace.
Give an employee the ability to solve problems (employ the 7 leadership behaviors to inspire employee engagement), and create an environment in which they are encouraged to do so, and your people will be better engaged with your organizational values, missions, and goals.
In time, with problem-solving skills embedded, people become more adept at finding solutions to problems autonomously. Operations run more smoothly, and workplace relationships become stronger. Instead of being interrupted with requests to find solutions, leaders will be presented with solutions to rubber stamp.
Finding solutions is a learned skill, or, should I better say, a set of skills. It requires the problem solver to analyze facts and use experience and knowledge (their own or others') to succeed. You can use team meetings and workplace scenarios to engender these skills and the critical thinking capability required by people to create real-world solutions.
Whatever the nature of the problem to be solved, there are seven steps required to solve it:
At your next team meeting, discuss the need for people to step up to the plate and take on the responsibility of problem solving. Talk to your team abut the seven-step process of problem solving, and how critical thinking empowers creative and lasting solutions. Then give your people a workplace scenario to consider. For example:
Ask teams to split into smaller groups and discuss the scenario you have given them. As they work through the seven steps outlined above, they should make a list of the key questions that need answering. Have the groups discuss their answers to these questions, their suggested approach to the problem, and pros and cons of their solution.
Problem-solving skills are not inherent in many employees, but they can be coached. At their very core, many workplace problems involve people. This is why conscious communication, and skills such as listening, negotiating, and influencing, are key attributes of problem solvers.
Contact Primeast today to discover how an Emotional Intelligence course will develop and embed effective personal skills in the workplace, for leaders, managers and employees. With increased emotional intelligence, you'll find that problem solving is a daily task undertaken proactively.
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George Allen – Jim Webb Virginia Senate Race, With polls like this … Poll Credibility is on the line.
The Virginia US Senate race between (R) George Allen and (D) Jim Webb is being predicted as being one of the close election races on Tuesday. However, with the election polls being all over the place, one really begins to wonder about the credibility of polling.
A SurveyUSA poll has (D) Webb up by 7. However a Mason-Dixon poll has Webb ahead by 1 point and a Gallup poll has Allen ahead by 3. It would appear that the credibility of many that poll is on the line. However, when in doubt I will go with Scott Rasmussen who has been very reliable in the past. Rasmussen has it a dead heat at 49–49.
Posted November 6, 2006 by Scared Monkeys
Politics, Polls | one comment
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One Response to "George Allen – Jim Webb Virginia Senate Race, With polls like this … Poll Credibility is on the line."
Brenda T. on
November 7th, 2006 9:20 am
I'm a registered voter in Virginia. I got to the polls at 6:20am and they were already busy. It's raining pretty steadily here today, so I hope it doesn't effect voter turnout.
We also have 3 amendments. The marriage amendment, amendment to allow churches to incorporate, and tax-relief for land used for natural resources and new construction.
I don't like the idea of a church being a corporation, but like the idea of any tax break…especially since our land boarders Jefferson National Forest. The marriage amendment will be a HUGH issue after the fact regardless of whether or not it passes. In our conservative state, it most likely will.
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Marriage is work.
Sometimes you just need a break from the daily participation of being married yet still want to be present in your relationship while, simultaneously, you have grown weary of hearing yourself repeat the same things.
For those times, I present a collection of rubber stamps designed specifically to improve communication by saving both time and oxygen. Available on Etsy (Holiday 2013) and includes the following:
"I'm sorry."
"You're right."
"I was hungry when I said that."
"It's only _______." (Fill in with relevant word(s) such as: money, a new roof, a minor dent, the weather, what I've been yelling about for the past three weeks, etc.)
"I was thirsty when I said that."
"NO, I don't want to go to the ________ concert." (I'm thinking Esperanza Spalding at Tanglewood but feel free to insert your own. You can ask me over and over, every day from now until Sunday, August 4, and I'm still going to say no. Hence the rubber stamp.)
"Are you kidding me?"
"I love ________." (Sure, you can go for the obvious, but who doesn't appreciate a quirky fill-in-the-blank? Examples include: wooden roller coasters, high heels, oatmeal, knishes, a belly laugh, Pinky balls and Mark Rothko's No. 61.)
"Quirky is overrated." (Case in point: Zooey Deschanel.)
"I was tired when I said that too."
(Available Mother's Day 2014: the "I Hate You Too" Collection and the "My Purse Is Like My Vagina: Stay Out And There's No Money In It Anyway" Series.)


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Saturday, January 7, 2017
2016 Rainbow Scrap Challenge Finishes on Parade.
28 comments:
- Quiltdivajulie said...
Awesome post -- your scrappy quilts are SO vibrant! Love your work.
- January 7, 2017 at 8:46 AM
- Cathy said...
So impressive! I particularly love the...... all of them!! You go! xo
- January 7, 2017 at 9:01 AM
- The Joyful Quilter said...
WOW!!! Five BIG RSC finishes during 2016. Nice work!! (No matter that they spanned multiple years of the Rainbow Scrap Challenge.)
- January 7, 2017 at 9:14 AM
- Havplenty said...
Really nice scrap projects. I have plenty of scraps.... now to create such pretty quilts.
- January 7, 2017 at 9:15 AM
- Quilting Babcia said...
I love seeing all your Rainbow projects. Scrappy quilts are the best!
- January 7, 2017 at 9:32 AM
- Alison V. said...
OH my goodness you finished so many projects! That is just so impressive and it is hard to pick which one that I like the best. Maybe the kaleidoscope!
- January 7, 2017 at 9:42 AM
- Jean said...
Cathy, Your quilts are an inspiration to me. Like you I have many projects going at the same time. I've had a lot of fabric gifted to me and sometimes there are cut pieces that inspire to make something of them. Our guild takes all sizes of quilts and tops.
- January 7, 2017 at 10:09 AM
- Ariane said...
These are all amazing rainbow quilts!! Thanks for sharing them with us.
- January 7, 2017 at 10:51 AM
- LIttle Penguin Quilts said...
I love your finishes! Thanks for the inspiration!
- January 7, 2017 at 12:19 PM
- Melody A. said...
Wow, some amazing projects, so beautiful!! take care from Iowa
- January 7, 2017 at 1:15 PM
- Jennifer said...
you have a fantastic line-up of quilts! great job! (I see lots of inspiration in there, too!)
- January 7, 2017 at 1:18 PM
- Sue SA said...
Beautiful collection of quilts, the diversity in rainbow themed patterns is fantastic, especially love Pentland Crackers, just wondering where the pattern came from? I would love to make that my challenge for the year...if I have enough strip scraps left, otherwise its twinkler stars for me!
- January 7, 2017 at 1:35 PM
- scraphappy said...
Sounds like you have a great plan for working though all your scraps. That must be why you get so much done. So many beautiful quilts from "just" scraps.
- January 7, 2017 at 1:36 PM
- sophie said...
Cathy, I love everything you do! Such great color and wonderful scrap quilts.
- January 7, 2017 at 1:48 PM
- gayle said...
Wow! So many projects, and every one of them absolutely gorgeous! (You have a time machine, don't you? That's the only explanation...)
- January 7, 2017 at 1:58 PM
- Kathy S. said...
Thank you for the beautiful parade! I can't decide which one I love the most. They are all gorgeous! Can't wait to see what you make this year. Happy sewing!
- January 7, 2017 at 3:14 PM
- ---"Love" said...
It's always fun to see such beautiful quilts made from scraps. That's something else I need to try in 2017 maybe. ---"Love"
- January 7, 2017 at 4:46 PM
- Angie said...
Fantastic finishes! Thanks for reminding me I've always wanted to use the Cracker pattern.
- January 7, 2017 at 5:19 PM
- Magpie Sue said...
What a wonderful parade of rainbows! Good to know we can carry our efforts from one year to another and get such terrific results. :-)
- January 7, 2017 at 6:28 PM
- Terri said...
How fun to see your Lozenge quilt, since I'm doing that for my RSC17. Your projects are lovely.
- January 7, 2017 at 8:11 PM
- Carol E. said...
they are GORGEOUS. I would be proud to have made any one of them!
- January 7, 2017 at 10:50 PM
- Helen in the UK said...
LOVE seeing all that scrappy goodness turned into beautiful quilts. Happy New Year! May there be much more scrappiness in 2017 :)
- January 8, 2017 at 3:12 AM
- Kaja said...
Just plain awesome, Cathy. My favourites are the lozenges and the ROYGBIV stars, but there's not one I don't love.
- January 8, 2017 at 6:25 AM
- Jeanne said...
ROYGBIV is outstanding!
- January 8, 2017 at 9:28 AM
- Cherie in St Louis said...
All your beautiful RSC quilts are so bright and happy. They are amazing and I love Roy G Biv ;-)
- January 8, 2017 at 9:39 AM
- Pamela Arbour said...
So beautiful and inspirational. Thanks for sharing.
- January 8, 2017 at 9:54 AM
- Kate said...
You've finished some gorgeous RSC quilts! I couldn't pick a favorite, all of yours turned out beautifully. Looking forward to seeing your projects develop this year.
- January 8, 2017 at 8:38 PM
- Pattilou said...
My goodness! These quilts are so stunning. Can't pick a favorite.
- January 12, 2017 at 8:52 AM


text:
Obama reportedly eager to assist.
TEHRAN (FNA) – A senior commander of the Islamic Revolution Guards Corps (IRGC) said Wednesday that Iran will continue boosting its military preparedness until it takes down Israel and sets Palestine free.
"…they (the US and the Zionists) should know that the Islamic Revolution will continue enhancing its preparedness until it overthrows Israel and liberates Palestine," IRGC's top commander in Tehran province, Brigadier General Mohsen Kazzemeini, told operating units in Tharallah Drills in the Iranian capital on Wednesday.
"And we will continue defending not just our own country, but also all the oppressed people of the world, specially those countries that are standing on the forefront of confrontation with the Zionists," continued the General.
Sum 250,000 Iranian Basiji (volunteer) forces in the form of 250 battalions started massive drills in Tehran on Wednesday and Thursday to practice fighting against security threats.
In relevant remarks in 2014, Supreme Leader of the Islamic Revolution Ayatollah Seyed Ali Khamenei noted that criminal acts of the wolfish and child-killer Zionist regime in Gaza had revealed its true nature, and said, "Only way to solve this problem is full annihilation and destruction of the Zionist regime."


text:
Sustainable Energy
I've become very interested in sustainable energy lately, not least because I now own a farm in Wales, which has all sorts of stuff like wind, water and trees on it. So, I was very pleased when my mother-in-law gave me a copy of Sustainable Energy – Without the Hot Air, by David MacKay, for Christmas. This book takes a straightforward and fact-based approach to the question, summing up all the sinks of energy and possible sustainable sources, and seeing what works. The sad fact is, it seems, that not much does. For example, there's a bit of a fad right now for wood-burning boilers, and renewable energy websites (note that the book talks about sustainable energy, which is not the same thing) are likely to tell you that it's the cheapest fuel around – as well as being carbon neutral, of course.
So, I did a quick calculation, using the figures from the book. Each person needs 36 kWh/day for heating. Wood at its best has an energy density of 5.5 kWh/kg, so that means I need about 6.5 kg of wood per day or about 2.4 tons a year. Around these parts, we can produce (sustainably) about 10 dry tons per hectare of wood, so I need about .25 of a hectare to produce all the wood I need forever. Well, until the sun goes out. Of course, it's a 5-bedroom house, so we need maybe 1.5 hectares for the whole house – which is just under 4 acres, for the more traditional. I can do that, quite easily. But could everyone? If everyone in the UK were to use wood for heating, we'd need about 15,000,000 hectares of wood. The UK is about 24,500,000 hectares. Oops. And that, my friends, is the difference between sustainable and renewable.
The book is also available for free in PDF form from the author's website. But don't forget that if you buy the book, you are sequestering carbon!
By the way, a minor historical note, David MacKay is also responsible for Dasher, which is a very cool piece of software – and so I think I may have met him a few years back in a pub in Cambridge, when FreeBSD, Apache and Dasher folk drank beer together. If so, I am honoured to have had beer with such a clear thinker!
My transatlantic friends should note: this book is calibrated for the UK. I'm sure it's possible to transliterate it to the US or elsewhere, but it'll take some work.


text:
Stop the war!
Остановите войну!
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SIGMETRICS Performance Evaluation Review, Volume 29
Volume 29, Number 1, June 2001
- Mary K. Vernon:
Proceedings of the Joint International Conference on Measurements and Modeling of Computer Systems, SIGMETRICS/Performance 2001, June 16-20, 2001, Cambridge, MA, USA. ACM 2001, ISBN 1-58113-334-0 [contents]
Volume 29, Number 2, September 2001
- Krishna Kant, Prasant Mohapatra:
Current research trends in internet servers. 5-7
- Amy Csizmar Dalal, Scott Jordan:
An optimal service ordering for a world wide web server. 8-13
- Valeria Cardellini, Emiliano Casalicchio, Michele Colajanni, Marco Mambelli:
Web switch support for differentiated services. 14-19
- Thiemo Voigt, Per Gunningberg:
Kernel-based control of persistent web server connections. 20-25
- Jun Wang, Rui Min, Zhuying Wu, Yiming Hu:
Boosting I/O performance of internet servers with user-level custom file systems. 26-31
- Xin Chen, Xiaodong Zhang:
Coordinated data prefetching by utilizing reference information at both proxy and web servers. 32-38
- Oscar Ardaiz, Felix Freitag, Leandro Navarro:
Improving the service time of web clients using server redirection. 39-44
Volume 29, Number 3, December 2001
- Shudong Jin, Azer Bestavros:
GISMO: a Generator of Internet Streaming Media Objects and workloads. 2-10
- Mark S. Squillante:
Special issue on the workshop on MAthematical performance Modeling and Analysis (MAMA 2001). 11
- Nikhil Bansal, Mor Harchol-Balter:
Analysis of M/G/1/SRPT under transient overload. 12-14
- Eitan Bachmat:
Average case analysis for batched disk scheduling and increasing subsequences. 15-16
- Anton Riabov, Jay Sethuraman:
Scheduling periodic task graphs with communication delays. 17-18
- Jean-Michel Fourneau, Erol Gelenbe:
G-networks with resets. 19-20
- Michael Shalmon:
Queueing analysis for polling and prioritized service of aggregated regenerative variable rate ON-OFF traffic sources. 20
- Alan Bain, Peter B. Key:
Modelling the performance of distributed admission control for adaptive applications. 21-22
- Cheng-Shang Chang, Duan-Shin Lee, Ching-Ming Lien:
Load balanced Birkhoff-von Neumann switches with resequencing. 23-24
- Yaakov Kogan:
Asymptotic expansions for probability distributions in large loss and closed queueing networks. 25-27
- Yuliy M. Baryshnikov, Edward G. Coffman Jr., Predrag R. Jelenkovic:
Kelly's LAN model revisited. 28-29
- David Gamarnik:
Stochastic online binpacking problem: exact conditions for bounded expected queue lengths under the best fit packing heuristic. 30-31
- Sum Lam, Rocky K. C. Chang:
Stability comparison in single-server-multiple-queue systems. 32-34
- Árpád Szlávik:
GI/G/1 type processes: a non-inversive matrix analytical solution. 35-37
- Nam Kyoo Boots, Perwez Shahabuddin:
Simulating tail probabilities in GI/GI/1 queues and insurance risk processes with subexponential distributions (extended abstract). 38-39
- Sem C. Borst, Michel Mandjes, Miranda van Uitert:
Generalized processor sharing with heterogeneous traffic classes. 40-42
- Zhen Liu, Mark S. Squillante, Joel L. Wolf:
On maximizing service-level-agreement profits. 43-44
- Yingdong Lu, Jing-Sheng Song, Weian Zheng:
Performance analysis of assemble-to-order systems through strong approximations. 45-46
- Mark S. Squillante, Cathy H. Xia, Li Zhang:
Optimal scheduling in queueing network models of high-volume commercial web sites. 47-48
Volume 29, Number 4, March 2002
- Kenneth C. Sevcik, Hai Wang:
Solution properties and convergence of an approximate mean value analysis algorithm. 3-10
- Carey L. Williamson, Qian Wu:
A case for context-aware TCP/IP. 11-23
- Daniel A. Menascé:
Simple analytic modeling of software contention. 24-30
- William C. Cheng, Cheng-Fu Chou, Leana Golubchik, Samir Khuller:
A performance study of Bistro, a scalable upload architecture. 31-39
- Barry G. Lawson, Evgenia Smirni:
Multiple-queue backfilling scheduling with priorities and reservations for parallel systems. 40-47
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text:
Aesthetic Information of Sijo as Translation Problem (the case of the Poem "The Fisherman's Calendar"/어부사시사)
- Authors: Razumovskaya VA1, Nikolayeva AS2
- Siberian Federal University
- University of Leeds
- Issue: No 2 (2015)
- Pages: 36-47
- Section: Articles
- URL: https://journals.rudn.ru/semiotics-semantics/article/view/7511
Cite item
Full Text
The article is devoted to the content aspect of aesthetic information representation in the text of the Korean poetic form sijo and contains the analysis of the examples of the aesthetic information reconstruction in the Russian and English translations. Particular attention is paid to the artistic image in a poetic text, the main function of which is the creation of aesthetic effect. As a central category of aesthetics and poetics and also as a potential unit of literary translation the artistic image is considered as special heterogeneous information complex (hyper-unit), which is constructed by a composite set of hypo-units. The analyzed image of an old fisherman-philosopher living in harmony with the surrounding nature and his inner world is the traditional image of Oriental culture and literature.
About the authors
V A RazumovskayaSiberian Federal University
Email: email@example.com


text:
Typically, the lender or servicer will start the foreclosure process as soon as the homeowner is no longer able to make the monthly payments. Gone are the days when the lender tries to first work with the homeowner directly to arrive at a solution. Our Los Altos foreclosure help defense attorneys know how devastating and stressful it is to go through this process. That is why we are dedicated to achieving a successful outcome for you.
Typically, the banks themselves do not know all of the laws surrounding foreclosure. However, we make it our business to know the laws inside out, and that is what gives


text:
We're helping a group of senior leaders prepare to cascade their corporate business strategy down into their departments. I'm putting the materials together and thought I would take a moment to share the ideas with you.
I can't cover a half-day workshop in one post, but I can focus on one element that I think is really important. Like most of us, these leaders have an incredible challenge prioritizing their work. When demands on your time exceed the time that's available, we recommend a process to help you get really clear on what matters most.
Step 1: Understand where your organization is going
It doesn't matter what you do, or from which layer of the organization you do it, it's always important to understand what your company is trying to accomplish. Are you part of a bank that's trying to become more agile and innovative? Are you in a small company that is just opening its first new location? Are you in a high tech company that's making a major push for global expansion? If you don't have the answers to these questions, ask your manager. If your manager doesn't have the answers, ask where you can find out more.
Step 2: Understand how the world is changing
Once you know your organization's goals, you need to understand the context in which you're operating. What are the major trends in the external environment and how are they affecting your company's ability to meet its goals? Do nervous, meddling regulators hamstring your agile bank? Are established companies blocking your small company's expansion? Are international data privacy laws driving up the cost of infrastructure for your high tech global expansion? These trends will change what your company needs from you so you need to be aware of them.
Step 3: Define your unique value
In that crazy, fast-paced external world, what is your unique value in helping your company achieve its goals? In the bank example, if you work in Customer Insights, you're responsible for identifying which innovations will be desired for customers and which will cost a fortune and have no actual benefit. If you work in Compliance, your unique value is to help the organization identify relevant regulations and to find ways to support increased agility and innovation within the rules. If you work in Human Resources, you might be adapting the hiring profile to find people with a greater risk appetite than you have hired historically.
Step 4: Focus on work at the right level
Once you can define the core elements of your value proposition to the organization, consider how your responsibilities relate to those of your manager and also to those of any direct reports you might have. What work can you delegate? How can you develop your direct reports so they can take on more and more accountability? In contrast, what value do you need to leave to your manager? Your goal is to spend the vast majority of your time adding value at the right level.
Step 5: Understand how you complement others
The final step in getting laser-focused on your unique value is to think about how your role relates to the others around you. In our bank example, the Customer Insights person is pushing for new and improved solutions that meet the needs of customers. He is going to be pulling hard to do what's new and different. The Compliance person is adding completely different value. She is the voice of prudence. She's going to put her weight behind measured and manageable change. The Human Resources person will be trying to move quickly but he'll urge you to wait for the right person rather than rushing and settling for someone subpar. Your job is to understand which perspective you bring and what would be missing from the equation without you.
Now, add it all up.
- How is your organization evolving and what are the emerging measures of success?
- What trends and forces in the external environment are changing the game?
- What does your department or function bring to the organization, given the organization's goals and the external environment?
- What is your sweet spot where should you be adding value at the right level without getting up beyond your authority or down into the weeds?
- How does your role fit with the other roles on your team and in your organization? What is the organization counting on you to bring to the table?
Those questions should get you to a clear view on your unique value—the primary reason for your role. That is your obligation. If you don't add your unique value, no one else will.
Now, I dare you to compare your answer to your calendar. What percentage of your time are you spending on your unique value? Next time, how to up that percentage.
Further Reading
Dealing with office politics in getting promoted


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- Overnatning
- Gastein
- Sommer
- Vinter
- Kure
- Events
- Service
Map data © OpenStreetMap contributors
Cure and rehabilitation center Bad Hofgastein features two therapy stations. The central form of therapy is water from hot springs containing elevated radon levels.
During your therapeutic visit to Salzburg, you should also take advantage of Gastein´s "Thermal Cure". The combination is unique: Water from Gastein´s hot springs with elevated radon levels and natural warmth, the healthful altitude at the foot of the Hohen Tauern, lots of exercise in fresh air and, last but not least, the expert care from physicians and therapists.