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"When I get home from training, she's there, in my face. She's there 24/7. I don't know where she gets her knowledge from. At first she wouldn't come to the games, but then she saw how much I liked it and really got into it. Now she thinks she's Jose Mourinho! Some of the stuff she's telling me, the manager is telling me as well. She really knows about the game and how to play, what to do."
Raheem Sterling on his mother
"The idea of wearing this suit and bow tie was mine. I wanted to surprise and be different."
Lionel Messi on his much-discussed choice of suit for the Gala
"Not even God can please everyone. I always try to be a good person who the majority of people like. But showing too much humility is a flaw. People either hate me or love me."
Cristiano Ronaldo
"The name of Balotelli never came into my thoughts. He is a rotten apple and could infect every group where he goes, even Milan."
Silvio Berlusconi on reports linking AC Milan with Mario Balotelli
"Balotelli is not a bad apple. He is a cherry."
The player's agent, Mino Raiola, responds
"I'd love to give everyone an award like this, but there's only one trophy... so I'll keep it!"
Pia Sundhage on becoming FIFA World Coach of the Year for Women's Football
"I talk to him personally, on and off the pitch. I've been in that moment like him. I'm always keen to help him and keep him going through these kind of moments, so he doesn't make the same mistakes that I did in the past."
Carloz Tevez on 'mentoring' Mario Balotelli
"I will no longer take penalty kicks for Ghana. My mother advised against penalties, and since she is no more, I have to heed to her advice."
Asahmoah Gyan to FIFA.com
"For her to get up and sing in front of this kind of crowd, she's got a lot of guts to do that. That just shows she's herself no matter who is around, and that's why I love Pia so much."
Abby Wambach on Pia Sundhage's musical contribution to the FIFA Ballon d'Or Gala
"You take away [Lionel] Messi and [Cristiano] Ronaldo and Van Persie is probably the best player in the world. He is a joy to watch and a pain to play against."
Joe Cole on Robin van Persie
"I prefer to play in midfield. The way I understand the game is very participatory. I like to combine, make passes and in the middle of the football field that is possible. I have not felt that playing at the tip that I do more damage, but it is more decisive."
Andres Iniesta explains why he would like to play a deeper role
"It's not any particular individual but a team, especially after the rough Coppa Italia and Italian Super Cup Finals – Napoli. When I am faced with Napoli, something goes off in me."
Claudio Marchisio on who he dislikes in football
"In the six years we had him, you just saw his game grow all the time, and he was a fantastic player. Now you see the complete player. His decision-making, his maturity, his experience, plus all the great skills he has got, they all make him the complete player."
Sir Alex Ferguson on Cristiano Ronaldo


text:
Delicate Blossoms Photo
Sweet 16 Invitations
Delicate Blossoms Photo, Item# SWPH7657
Note: Sparkles are simulated and will not light up.
Delicate Blossoms Photo, Item# SWPH7657
Note: Sparkles are simulated and will not light up.
Delicate Blossoms Photo Thank You Card
Photo Round Sticker Label
Photo Rectangular Sticker Favor Label
Our Sweet Sixteen invitation, "Delicate Blossoms Photo", features gorgeous floral accents and tiny dots framing your custom photo. Complementary graphics are printed on the back of the card. Choose from multiple color options to match your personal style and preference.
*Matching items available upon request.*
You will be able to select the typestyle and ink colors to use for your personalized text during the design process. Start by clicking on the green 'Personalize and Continue' button. We recommend using the default typestyle and ink colors.
|Estimated Postage Required:
|$0.55 stamp - if other items are not added into the Envelope. Click here for additional postage information.
|Item Type:
|Flat Card
|Card Dimensions:
|5.25" x 7.5" (W x H)
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|Inner Lined Envelopes available for an Additional $.40 each. Choose from 20 different colors.

subset: commoncrawl


text:
Welcome to Durango SolarWorks!
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+ Future of Longboat Key rests with the Key Club
Dear Editor:
The future of Longboat Key and the Longboat Key Club are intrinsically linked. Right now, tourism is shrinking. Without more visitors, especially during the slower summer months, Longboat Key will become something else — a mere shadow of its former glory.
To keep Longboat, Longboat, we need to preserve our resort-community lifestyle. Without updating the island's amen-
ities and maintaining a viable business community that attracts affluent visitors and real-estate buyers, Longboat Key won't stay Longboat Key.
The club's redevelopment also fiscally gives back to the community. It is estimated that the project will generate a net fiscal surplus of more than $1 million in the first five years and an estimated $17 million after 30 years. The club will help stimulate the island economy in other ways, too, by bringing visitors year-round to support our business community, boosting property values and, most importantly, creating demand for that real estate. Real saturation of the real-estate market is when people stop wanting the properties already available on Longboat Key. If the club makes the Key a more desirable place to live, it will increase demand of real estate to the point where it is insatiable. And how do you saturate the insatiable?
The opposition to the club's redevelopment has consistently spouted negativity and has contributed little to the community except for 50-page legal documents and the delay of a new Rees Jones golf course. The opposition calls for a new plan, but has yet to offer a single, viable suggestion about what that might look like or how it can be financed.
What is the difference between a convention center and a meeting center? A convention center hosts a couple thousand to tens of thousands of people. The club's meeting center will host groups of fewer than 100 people — professionals from Fortune 500 companies, who bring money into our local economy and often return to buy property on Longboat Key. In addition, a state-of-the-art meeting center offers executives the incentive to not only conduct business on our island, but also the opportunity to enjoy Longboat Key, St. Armands and other surrounding areas — spending money in our community year-round.
And what about the often predicted traffic nightmare? The most recent professional traffic study states that in our "high season" we can expect two more cars per minute in either direction at a peak hour (between 4 to 6 p.m.) as the worst-case scenario. Let's remember what those additional cars signify — a vibrant community. Guess what type of community boasts no traffic? A ghost town. And, let's be honest, today Longboat Key is already in a state of decline.
To stay the same, Longboat Key needs to introduce growth. There is currently one gas station left on Longboat Key to service the needs of 20,000-plus residents in high season.
We have heard from several people that they don't want Longboat Key to become another Miami Beach.
Not to pick on L'Ambiance, because it is a pretty architecturally-designed building, but L'Ambiance represents a massive condo complex that dwarfs every other building on the southern end of the Key. In fact, many of the beach views from units in Building 4 at Inn on the Beach were obstructed by its construction and now look directly into residences at L'Ambiance. In contrast, the Key Club buildings will be significantly shorter and will be situated several thousand feet away from neighbors, minimizing any impact to their views even further.
We have lost such precious time. Our new Tennis Gardens is wonderful, and we recently treated our out-of-town guests to a visit. They were so impressed by the facilities, courts, professionalism of the staff and quality of food that they decided to rent a place here this fall. Now, that is what the club is all about.
In conclusion, let's not live in an alternate universe, one where Longboat is simply a retirement community, "tourism" is a bad word, the current state of our prized resorts is conveniently overlooked and the amount of businesses that close every year still has not registered. This mindset will only lead to a poisoned legacy for Longboat Key.
Marsha Crawford
Positive Change for LBK
+ Daigle was correct
Dear Editor:
On July 22, you published an editorial asserting that the town is being arbitrary denying Key Club Associates' request to demolish the Islandside tennis courts. You then published an article July 29 with responses by John Patterson and Brenda Patten, Key Club attorneys.
Both ignore the current regulations and resolutions that apply to the property and the history behind them.
The Islandside Gulf-planned development (GPD) is a comprehensive plan land-use designation (limited to residential uses) and its own zone district. The zoning code provides that the GPD shall be developed consistent with adopted resolutions.
In my opinion, contrary to Patterson's representations, those governing resolutions clearly limit the use of the tennis complex and require Key Club Associates and Islandside development to maintain the tennis complex (and the golf course) as a private club providing recreational amenities that benefit the residents of the GPD.
The history is that to receive approval for the GPD, Arvida Corp. promised the town in 1976 and again in 1981 that it would build and maintain the golf course, clubhouse and tennis facilities (the "Recreational facilities") as recreational amenities for use of the residents of the GPD.
The town permitted Arvida to operate the golf course and tennis facilities as a private membership club open to all Islandside residents rather than having a homeowners association own and operate them. The town later permitted Arvida to offer memberships to non-residents of Islandside under limited terms.
In 1981, based on the "assured availability" of the golf course and tennis facilities to the future residents of the GPD, the town gave Arvida credits against open space/recreation exactions and also allowed the individual residential development sites to reduce their "on-site" recreation facilities.
Those agreements were incorporated into the resolutions that govern the GPD starting in 1976. The Outline Development Plan adopted for the GPD (as authorized by the zoning code) expressly establishes the land use for the tennis property as "tennis complex" and "tennis complex addition." These uses and the property are categorized as "recreational amenities" in the adopted Land Intensity Schedule. Arvida labeled the tennis facility property "Parcel REC-1" when it was platted, indicating that it was set aside for recreational purposes.
Arvida approved all of the governing resolutions passed while it was the developer of the GPD and made them binding on its successors. The Key Club's deed provides that the 1976 and 1981 resolutions, as amended, are binding on the property. The Key Club stipulated that the resolutions were valid and binding in a settlement agreement with the town in 1991.
Demolishing the tennis courts is inconsistent with the binding commitments already made and in force. Longboat Key Planning, Building and Zoning Director Monica Daigle reached the correct decision.
Robert Lincoln
Attorney for Islandside
Property Owners Coalition


text:
Olivia Applewhite came off the bench to score 18 points and grab 11 rebounds as No. 17 Dayton remained unbeaten in the Atlantic 10 Conference by defeating Richmond 72-64 Sunday.
Andrea Hoover scored 16 points and Ally Mallot had 12 points and 11 rebounds for the Flyers (19-1, 7-0), whose first six conference opponents had averaged just 46.5 points per game.
The Spiders (12-11, 2-5) battled evenly for most of the first half and led 17-16 after Becka Wann's layup 12:28 before halftime.
Applewhite responded with a 3-pointer, however, to put Dayton ahead to stay.
The Flyers led 43-35 at halftime and never trailed in the second half, but their lead never got beyond 13 points. Richmond helped itself by committing just 14 turnovers, compared to 23.3 per game for Dayton's last six opponents.
Wann and Kristina King led the Spiders with 15 points each and Rachael Bilney had 14.


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Taylor Swift Visits Cute Little Boy at Boston Children's Hospital [VIDEOS]by Michelle McGahan | PopCrush
Warning: These videos are so cute, they might make insane noises come out of your mouth.
Taylor Swift recently paid a visit to Boston Children's Hospital, which is where she met 6-year-old Jordan Brave — a fitting name for little Jordan, who is battling cancer and should also be dubbed the Cutest Little Boy in the Entire World.
"I know you always sing stuff for people!" Jordan exclaimed when he first greeted the 'I Knew You Were Trouble' singer. And when Taylor explained that she wanted to sing something for him, little Jordan couldn't contain his excitement.
"Oh, thank you!" he cried happily. "Let's do it!"
After chatting away about Spider-Man and deciding what song to sing, Taylor and Jordan did get to it. She danced around while performing 'We Are Never Ever Getting Back Together,' which, of course, Jordan excitedly sang along to, chiming in on the chorus.
Taylor and Jordan even got a little more playful during their visit, playing a match of air hockey together in a sweet video that Jordan's family shared on his Facebook page.
"Just a little air hockey with Taylor!" they captioned the video. "She's an amazing person that brightened our sunshine's day!!!"
While Taylor may have brightened Jordan's day, little Jordan definitely brightened Taylor's, too — as well as anyone who has now seen their adorable videos together.
Watch Taylor and Jordan sing together in the video above, and check out the twosome playing air hockey together (and snap a sweet pic) in the photo and the video below.
See Taylor Swift + More Celebs' Yearbook Photos


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Apple, like a corporate magician, is about to pull some new hardware out of its brushed aluminium top hat. While we're pretty sure the iPad Mini will be the first to emerge, we're hoping for more. The rumour mill points to plenty of treats – here's what we're looking forward to...
Apple iPad Mini
The star of the show will, almost undoubtedly, be the new 7.85in iPad Mini. A £200 Apple tablet that offers the iPad's famous build quality while cramming the world-beating antics of its larger brother into a shell that promises to be easier on the wrist. But will we see a Retina Display or A6 chip for that budget price on October 23rd? It keeps us up at night.
iMac refresh
A thinner iMac may slide out on stage next Tuesday. Pictures of apparent iMac innards show Wi-Fi and Bluetooth antennas, fans and a hard drive. They've led to the expectation of a new ultra-thin, tear-drop design. Let's hope that rumour about it not having a Retina Display is rubbish. Throw a few more rumours on the fire and you can start clearing desk space for a new iMac.
13in MacBook Pro Retina Display
We've heard a new 13in MacBook Pro Retina Display is heading our way. And that was on top of previous rumour winds blowing in the same direction. Despite the expected weight loss, we reckon it could still get a decent spec sheet.
Maps update
Apple has apologised publicly for its Maps on iOS 6. Surely the next step is to fix that at a very public launch with a nice fix report? If there isn't at least some sort of progress update we'd be very surprised. Announcement of a standalone Google Maps app would be ideal.
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HTC J Butterfly packs a 5in 1080p screen


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HP is to OEM QLogic's stackable 5800 Fibre Channel switch, which is making QLogic quite excited.
HP will sell an SN6000 product. This is sourced from QLogic's 5800, an 8-port, 8Gbit/s Fibre Channel (FC) base switch, which can have up to five additional switches stacked on it using 10Gbit/s inter-switch links (ISLs). As each switch can have up to 20 ports with 4-port increments, that gives customers a neat way to expand up to 120 ports. This can be done without turning switch activity off when a new switch is fixed into the rack.
Two ISLs can be aggregated to provide 20Gbit/s bandwidth, although this needs a software key. The SN6000 is being offered by HP's StorageWorks division, not by its ProCurve networking operation.
HP has been selling the 820Q switch, a 5800 base unit with the ISL ports turned off.
QLogic is pretty hot under the collar about this OEM agreement, because it reckons HP is the gateway to perhaps 30 per cent of the Fibre Channel switch market in Europe, the Middle East and Africa. Henrik Hansen, QLogic's EMEA director said it could see itself taking share from competitors like Brocade and Cisco. Stackability has been the norm with Ethernet switches for some time and he is convinced FC switching will go the same way.
He reckons that HP appreciates QLogic' Simple SAN Connection Manager (SSCM) software. This enables the much simpler and faster provisioning of Fibre Channel fabric resources for virtual servers than with competing switch suppliers with whom, it claims, multiple management interfaces can be involved. This is Hansen's view of course - we haven't heard those of Cisco or Brocade.
We understand that SSCM could get a VMware interface to enable VMware administrators to kick off fabric provisioning automatically when a virtual machine is provisioned.
The SN6000 has transparent routing so that it fits right in with FC directors with that feature. They will simply see the HBAs at the end of the fabric and not the intervening SN6000 edge switch.
HP OEMs FC switches from both Brocade and Cisco but, QLogic says, HP has not had a stackable switch in its product set before. Brocade, it says, does not offer a stackable switch. Cisco does, but only at the slower 4Gbit/s level.
Presumably HP was not excited enough about any Cisco 8Gbit/s stackable switching to take any forthcoming product from Netzilla but, equally, this rebuff for Cisco could be a result of its invasion of the server space with its California servers. Its partnership with EMC and VMware competes with HP on the server, storage and networking fronts.
Some commentators privately think that HP would like to remove Cisco from its product line altogether, although this is not a position publicly adopted by HP.
QLogic sees itself being in a favourable position for HP's favours compared to Brocade as, unlike that company with its Foundry acquisition, QLogic will not be competing for ProCurve/3Com Ethernet business.
However, both Cisco and Brocade provide Director-class switches at the core of the network and Brocade is putting forward a better class of fabric service argument, obtained by linking its HBAs to its switches. They might say having stackable edge switches is no big deal.
Hansen conformed that QLogic is not the supplier of the 20Gbit/s InfiniBand switch in IBM's recently announced SONAS product. The scuttlebut is that Voltaire is the recipient of IBM's InfiniBand largesse there. ®
Sponsored: Webcast: Ransomware has gone nuclear


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Lindsay Lohan and Samantha Ronson are just friends!
I'm starting to think Bill O'Reilly was right — gang members, the lot of you!
Why must you continue to misinterpret the platonic friendship between Lindsay and Samantha?
Yes, they are together all the time. Yes, they wear matching rings. Yes, they blog together to speak out against homophobia. [Note to self: Revoke Lindsay's Internet privileges.] Yes, their friends call them a couple. Yes, they canoodle in public. Yes, they kiss open-mouthed in front of cameras. And yes, they called into Loveline where Lindsay said they'd been in a relationship for "a really long time." [Note to self: Revoke Lindsay's phone privileges.]
So, now you're going to take those tiny little details and string them together to call it romance? That is the height of ridiculousness. They're just friends! Friends! My client Lindsay Lohan is not g-ga—, um, she's not … What I mean to say is Lindsay is not that-which-must-not-be-named. (Starts with "L," ends with "N," rhymes with "fezbian.") OK?
If she were of that persuasion, you could write about her here in your Friday column.
You could say that last night she guest-starred on Ugly Betty, and was hilarious. You could show a screenshot of her in her Flushing Burgers uniform, and mention that during her appearance, she said, "Whatever you do, don't have sex in the woods on Fire Island." And you could laugh and laugh because Fire Island is a more lesbionic vacation spot than the Greek island of Lesbos.
You could also show the trailer for Lindsay's new movie, Labor Pains. You could say that it sort of looks like an indie version of Baby Mama, but that you have big hopes for it anyway, because it also stars Janeane Garofalo, Cheryl Hines and Chris Parnell, which is kind of a comedy trifecta of awesomeness.
You could write that Lindsay just finished filming an episode of Project Runway, where she'll be a guest judge when the show moves to Lifetime next season.
Finally, you could probably even note that pretty much everyone you know wants to see Lindsay back on top of her game, and that you, personally, have been rooting for her since Mean Girls, even before the that-which-must-not-be-named speculation began. You could say that two completed television appearances and one completed movie seem like a good start to a Lohan comeback.
But don't. Don't write any of those things. News about Lindsay Lohan belongs on straight-people websites, because Lindsay, herself, is straight people.
And you people? Well, let's just say I know what you did last summer, and it involved Fire Island.
— by StuntDouble


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Stonewall Ranch is a 130.9-Acre property located in southern Colorado's dramatic Spanish Peaks country, and ready to be developed into a unique residential ranching, hunting, or equestrian property. A new owner will have a significant head start in developing this ranch. An enclosed 40x70-foot pole...130.90 Acres : $247,500
Stonewall Ranch
La Veta : Huerfano County : CO
Hayden Outdoors


text:
Dallas Nicole leggings are incredibly soft while still covering everything even when stretched making them the perfect leggings for every occasion. Wear them to the gym for your next yoga class, around town running errands, lounging around the house, or dress them up for a night on the town!
You will definitely feel as confident and gorgeous as you already are wearing them! (and might be addicted to!)
Adult Queen Size leggings are recommended for sizes 20-26 or 22-30.


text:
I got to interview Carol Queen, an icon in the sex positive world. She had some very interesting, very positive things to say about the overlap between sex positivism and asexuality!
Tuesday, July 01, 2008
#21- Interview with Carol Queen
Posted by DJ DJ at 11:42 PM 1 comment:
Labels: podcast, sex_positive
Asexualest. Robot. Ever.
Even though Wall-E's hopelessly romantic and I'm hopelessly not, I was way way into the relationships in this movie. So cute! And falling for the girl with the laser cannon and tireless directive to save the world? Story of my life.
On the HSDD front, some promising news. It looks like there's a timeline of "a couple of months" (how many I'm finding out), and I've tracked down the recently-released list of working group members. A cool AVENite also updated the definition of HSDD on Wikipedia.
Posted by DJ DJ at 1:44 AM 3 comments:
Subscribe to: Posts (Atom)


text: If you want to follow the real news and insight into the online learning revolution, then e-Literate has always been the blog to follow. Now Michael, who also happens to be Oracle Alumni, has recently struck out on his own with Mindwires Consulting. Looking forward to our mash-up in a few weeks with our team to talk about industry disruption and the big new opportunity.


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Ready to take on a new world of challenges with a flexible and immensely rewarding career? As a real estate professional with Watson Realty Corp., you'll discover unlimited opportunities for growth and development with the support of one of the region's most recognizable names behind you.
We believe in helping all our agents unlock their true potential, no matter how long they've been in the business. From sharpening your skills with ongoing Master Classes and other development services to providing you with your own personally branded website, we support you every step of the way. Along with the latest technology and brand-strong marketing, you'll have everything you need to provide customers with peerless service.
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Seed to Plate
Creating access to food and proper nutrition is at the core of Development in Gardening's mission. Many of the people we work with do not have secure sources of fresh produce and studies have shown that people with diets lacking in micro-nutrients are less likely thrive and contribute to a self-sufficient community.
Through facility and home garden initiatives, Development in Gardening (DIG) teaches realistic strategies that increase available foods to individuals, families, and communities. After the target garden has been implemented, cooking and nutrition classes are initiated to ensure that harvested produce makes it from the ground to the mouths of participants.
The focus of the seed to plate initiative varies depending upon the specific needs of the targeted community. For example, DIG has created programs that address ways to improve the nutrition of underweight children under the age of five, appropriate complementary garden feeding programs for infants and young children, and micronutrient rich crops and recipes for people living with HIV/AIDS.
Making sure that there is proper education and communication around nutritional needs is essential for the continual uptake of nutritious vegetables and sustaining healthy communities.


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Biggest, most comfortable camping or travel pillow
You cart is empty
I received both backpacks a couple of days ago, and we absolutely love them. I just wanted to let you know that the attention, service, and value we got from Black Pine Sports, and you guys in particular, was simply outstanding. You were responsive, flexible, kept your word, and gave us a great deal. I will pass the word around my circle of friends to visit your website, and will also let Costco know about my experiences with you in the hope that you will visit them as well, especially here in Livermore.
Turbo tents are superior to any tent on the market, not just in quality, but in ease of set-u[ and take down. Simple and it works!read more
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Turbo tents are superior to any tent on the market, not just in quality, but in ease of set up and take down. Simple and it works!read more
During the warm nights, the Grizzly bag was perfect as a "cushion" on the air bed and we did not get overheated. On cooler nights, my husband and I had plenty of room and were kept warmread more
Excellent bag! This bag's fill (The Backside's X-fibre) is very close to goose down in terms of weight and performance. The bag stuffs to the size of a football. Since I am allergic to down the X-fibre insulation is just perfect for me.read more
I purchased this bag to take the chill out of Wisconsin's cool nights which are in the 40+ degree range. The Backsider bag is just the ticket for a comfortable night's sleep!read more


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It seems kind of ironic that after all the hype about the mighty "Flintoff" in the lead up to the ashes and the incredible talking down of Brett lee and his ability at test level that it is Lee that comes out of this First test with a good amount of credit as opposed to Flintoff whose performance was below par.
Admittedly its only the first test, but apart from out foxing Gilchrist, Flintoffs bowling in the conditions was disappointing. He went for around 5 an over in the 2nd innings. Not to mention his total of 3 runs in 2 innings with the bat.
I know its only early days in the series, but I can't imagine Flintoff's confidence is sky high, whereas I think Lee will only get more confidence.
Haven't heard much from the likes of Marc and TEC on Flintoff and Lee's performance so far, I'm interested to read their reactions
Whoops....almost forgot to mention the dolly Flintoff put down at slip and Lee's great caught and bowled.
Oh the irony !!!


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It's just urine. But for a Baltimore company and a rival, it's liquid gold worth bruising legal battles.
When a patient is prescribed a powerful painkiller like Vicodin or OxyContin, many doctors require periodic urine tests to check dosage levels as part of safeguards to ensure the drug isn't being abused. Some states are making the practice law, and that means a big opportunity for Baltimore-based Ameritox Ltd. and other companies that have rushed to meet the demand.
The competition has spawned no fewer than a half-dozen lawsuits in recent years and what one judge called an "advertising war" between Ameritox and San Diego-based rival Millennium Laboratories. The companies have traded accusations that include false advertising, patent infringement and kickbacks to physicians.
Ameritox, facing allegations of kickbacks, settled with federal authorities for $16.3 million in 2010. The company said cash payments to doctors were to cover "specimen processing" and that it ended the practice in 2005, before a federal investigation. Meanwhile, a federal grand jury investigation into Millennium is continuing, and company officials said they are cooperating.
In a new lawsuit filed last month, Millennium accuses Ameritox of using kickbacks to drum up business, along with taking efforts to publicly disparage Millennium in news releases as a way to take back market share. Ameritox denies the claims, calling it "more of the same" from Millennium and similar to a lawsuit already dismissed in another court.
Such legal maneuvering can be common in industries where there are few differences among competitors' products, said William Hubbard, an assistant professor at the University of Baltimore School of Law. Sometimes, a cycle of litigation can develop, with new lawsuits filed as a way to resolve older ones, he said.
"There's always uncertainty in litigation, and litigation is expensive," Hubbard said. "As the potential of benefit grows rapidly, it becomes worth that risk to take."
The market for drug screenings — for patient monitoring as well as other purposes such as employee vetting — grew to $2 billion last year, according to market research firm IBIS. There are no dominant companies in the market, as most of them are regionally focused, according to IBIS.
Both Ameritox and Millennium have a significant footprint around their respective headquarters, with salespeople and other employees scattered across the country. Ameritox employs about 800, one-fourth of them in Baltimore and Columbia. Millennium employs about 1,200.
About 40 million people across the country take powerful drugs such as OxyContin on a regular basis to deal with pain, said Bob Twillman, director of advocacy and policy for the American Academy of Pain Management. As that number rose over the past decade, competition between Ameritox, Millennium and others became fierce.
"You go to meetings of the big pain management organizations, and you go into the exhibit area, and it would not be uncommon to find five or six different companies advertising there" for screening services, Twillman said. "It's really come along with more attention to the prescription drug abuse problem."
A sustained surge in prescription drug abuse has prompted doctors to be more vigilant and has led to efforts by some states — though not Maryland — to require more frequent monitoring of patients. That, in turn, stoked demand for companies such as Ameritox and Millennium.
In California, a study using data from that state's workers' compensation program found that drug-testing doctor visits for those on painkillers ballooned from about 4,000 in 2004 to more than 186,000 in 2011, and the total cost jumped from less than $200,000 to more than $27 million. Extrapolating to the entire state, researchers estimate nearly $100 million was spent on drug testing in California in 2011.
No similar study of Maryland data has been made, but the state has shown a spike in the prescription drug abuse and overdoses that the urine screenings seek to prevent.
The number of those seeking treatment for addiction to prescription drugs in the state jumped from more than 3,400 in 2007 to more than 7,000 in 2010, according to a state health department report. Since then, the rate of abuse has declined somewhat. A 2012 report found prescription opioid overdose deaths fell 15 percent, while heroin overdose deaths rebounded, rising 41 percent.
Doctors have made it standard practice to periodically screen patients who are prescribed opioid painkillers. The frequency depends on a patient's risk of dependence or addiction, something that doctors evaluate carefully, said Dr. Paul J. Christo, an associate professor of pain management at the Johns Hopkins University who hosts a weekly radio show on Sirius XM Radio – Family talk 131 called "Aches and Gains." Patients are mostly understanding of the need for monitoring, he said, given the risk of using the drugs.
"This is the standard of care," Christo said. "Things can get out of control. We're human and we make mistakes and we all understand that, and I think most of my patients do, too."
As competition in the drug screening industry has intensified, so have the legal battles.
For Millennium and Ameritox, the first clash came in November 2010, weeks after Ameritox agreed to the settlement with the federal government over allegations of kickbacks to doctors.
In a lawsuit, Millennium accused Ameritox of false advertising for marketing claims that its key product could not only detect the presence of a given prescription, but whether a patient was taking it at prescribed levels.
The companies reached an agreement in June 2012 in which Ameritox acknowledged several ads were false and agreed to no longer say its services could "confirm adherence" to prescriptions. The federal judge who approved the consent order agreement and dismissed the case expressed hope that would be the end of it.
The court "cautioned the parties that it had no intention of refereeing the advertising war that would likely follow" approval of the order, U.S. District Judge Benson Everett Legg wrote in a memorandum in January, as he dismissed related claims that had been rolled into the original lawsuit. "This proved a vain hope. Hostilities resumed within hours."
They have continued for years.
Since 2011, the companies have filed several lawsuits and countersuits in federal court involving disputes over patent infringement and unfair competition, some of which have been dismissed.
In one case that is still pending, Ameritox accused Millennium of providing kickbacks to labs in exchange for testing referrals. Millennium Vice President Martin Price said in an interview the company has never given kickbacks in exchange for referrals.
A case filed last month in Massachusetts federal court adds to the caseload.
In that lawsuit, Millennium accused Ameritox of funding lawsuits filed by former Millennium employees against it, as well as providing kickbacks to doctors in the form of free or discounted urine testing cups, dinners, computers and parties. Ameritox officials said they expect a judge to dismiss that case because a Florida court dismissed similar claims in a previous lawsuit.
Federal authorities in Massachusetts are meanwhile investigating Millennium, according to a November 2012 Reuters article. Proceedings of grand jury investigations are kept sealed, but some details came to light when former Millennium employees interviewed by investigators spoke with the news organization.
Price acknowledged the investigation but said company officials do not know what its focus is.
Officials from both Millennium and Ameritox said they are focused on preventing prescription drug abuse.
"The sad fact is that there is a national prescription drug abuse epidemic and scores of people are dying of overdoses every day," Ameritox spokesman Lon Wagner said. "So while Ameritox will continue to defend itself in court, we will remain focused on providing physicians with information to help them combat this epidemic."
Wagner said Millennium's lawsuits against Ameritox and several other competitors are a long-standing business tactic of the California company.
Millennium's Price said the same about Ameritox, and that its own lawsuits have been an effort to clean up an industry "rife with abuse."
"We feel like we're fending off Ameritox litigation and they'd rather fight in the courtroom than in the marketplace," Price said.
Opportunities for both companies and their competitors could be greatest in states like Kentucky, where laws passed in recent years require routine urine tests for those prescribed opioid pain relievers. Each test can cost several hundred to as much as $1,000, making the business a lucrative one, a fact not lost on Kentucky lawmakers.
"I need to go into the drug-screening business," Kentucky Rep. Stan Lee said jokingly in an interview with the Lexington Herald-Leader last year.
An earlier version had the wrong radio station for the Aches and Gains show. The Sun regrets the error.


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Diabetes & Endocrinology
At TMC, we know how devastating the effects of diabetes can be. With more than 14,000 patients visits in our Diabetes Center annually, we are well equipped to handle all aspects of the disease.
The Diabetes Center offers a state-of-the-art facility to better serve the needs of our patients. We believe in helping our patients manage their diabetes on a planned, rather than episodic basis. The comprehensive team-approach connects patients with specially trained physicians and nursing staff. The team coordinates care with other specialty service provides, such as ophthalmology, cardiology, podiatry, and other referrals as needed.
The Diabetes Center includes:
- A patient resource center with computer access
- A diabetes education classroom
- Large consultation rooms for group or individual instruction related to disease and nutrition
- A patient waiting area designed for comfort
- Expanded exam rooms with advanced technology with access to electronic health records
What is Diabetes?
Diabetes is a disease in which the body does not produce or properly use insulin. Insulin is a hormone that is needed to convert sugar, starches and other food into energy needed for daily life. Type 1 Diabetes is an autoimmune disease in which the insulin producing cells of the pancreas are destroyed by the patients own body. These patients make no insulin and must be treated with insulin. A major factor in the development of Type 2 Diabetes is insulin resistance and insulin deficiency. These are worsened by obesity and lack of exercise. Approximately 90% of patients with diabetes have Type 2 Diabetes.
Patients with poorly controlled diabetes are at increased risk of kidney, eye, and nerve damage which can be prevented by good glucose control. Patients with diabetes frequently also have hypertension, elevated cholesterol levels, and heart disease.
Warning Signs of Diabetes
Diabetes often goes undiagnosed because many of its symptoms seem so harmless. Recent studies indicate that the early detection of diabetes symptoms and treatment can decrease the chance of developing the complications of diabetes. Here are some warning signs:
Type 1 Diabetes
- Frequent urination
- Unusual thirst
- Extreme hunger
- Unusual weight loss
- Extreme fatigue and irritability
Type 2 Diabetes*
- Any of the type 1 symptoms
- Frequent infections
- Blurred vision
- Cuts/bruises that are slow to heal
- Tingling/numbness in the hands/feet
- Recurring skin, gum, or bladder infections
*Often people with type 2 diabetes have no symptoms
If you have one or more of these diabetes symptoms, contact the experts at the TMC Diabetes Center.
For more information, please call 816-404-4070.
Meet Our Providers
Jose Joaquin Lado-Abeal, MD, PhD, Medical Director
Brandon Barthel, MD, Endocrinologist
Peminda K. Cabandugama, MD, Endocrinologist
Betty M. Drees, MD, FACP, FACE
Sophia Galustian, MD, endocrine fellow
Mahu Abu-Kishk, MD, Endocrine Fellow
Divya Painter, BSN, MSN, NP-C
Lamont G. Weide MD, PhD, FACE
All of our providers are accepting new patients. For information call the Diabetes and Endocrinology Center at 816-404-4070.


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On a blustery Saturday afternoon, dozens of families gathered at Mission Oaks Park in Camarillo for a picnic. As some barbecued and others participated in sack races and other activities, Casa Pacifica's Director of Community-Based Services Dr. Jody Kussin was thrilled by the turnout.
"It was incredible," said Kussin. "It was one of those days where you just go, 'God's in heaven and all's right with the world.' It was that touching."
The Family to Family picnic brought the families of children and teenagers together for a meet-and-greet for those who have received assistance from Casa Pacifica in the form of a Wraparound service, in which teams from Casa Pacifica visit the homes of troubled children or teenagers in order to do "Whatever It Takes" (WIT) to assist the individuals in overcoming their issues.
For the families attending the picnic, the Wraparound Team has been actively involved. For some of these families, and especially for the young people who receive the counseling and assistance, it can be easy to feel isolated from their communities.
"A lot of times, families dealing with issues relating to mental health feel very isolated, embarrassed or ashamed. I can't go to church because what if my kid starts acting out?" said Kussin. "This is an opportunity to bring families together and say we're all people, we all want to enjoy one another and build our community."
The Whatever It Takes service is a statewide program tasked with reaching troubled youth in their homes rather than at offices or hospitals. Staff working with Casa Pacifica, under the WIT banner, literally do whatever it takes to get a subject in better spirits — even if that means making a house call at 6:30 a.m. to get a child out of bed, says Kussin.
Peer advocates, former foster children and a diverse mix of volunteers and professionals make up the WIT team at Casa Pacifica.
Shirley, as she prefers to be called, is a foster parent who has fostered several children varying in age over the past five years. Her family is certified as an ITFC (intensive treatment foster care) home, giving her the ability to host children and teenagers with special needs, and is hoping to become certified with Casa Pacifica.
The picnic was an opportunity for her children to not only enjoy a Saturday afternoon, but to make friends and interact with others living under the same conditions. While some had their nails painted, others participated in a raffle or played with the therapy dog Gus.
"It's a great event for families, especially families of my size," said Shirley. "My boys especially enjoyed the DJ."
Shirley has fostered numerous at-risk and troubled youth since becoming an ITFC provider. Through Casa Pacifica's Wraparound program, however, the stress put upon a family when dealing with their troubled wards has been lessened.
"When these children are removed from their home, the type of people who are there are usually the police," said Shirley. "You can more or less imagine what the frame of mind is going to be. Most of these kids have just witnessed parents possibly crying, begging for someone not to take their children."
The picnic is a way for the children to take their minds off the stress of adapting to new surroundings while also allowing them to meet and make new friends, says Shirley.
"It gets you out of the frame of mind of all work and no play. It makes them feel a little bit more comfortable about themselves," said Shirley.
For Kussin, the benefit of having a picnic over a serious meeting means breaking away from the typical office visits, which are all too common, and allowing children to be themselves.
"We just wanted them to have a day of fun and frivolity where families can just be families," said Kussin. "We want to be able to build community outside of just one family. We hope that they'll take each other's phone numbers and go, 'Oh my gosh! You live around the block from me, let's walk our kids to school together.' "
For more information or to get involved, go to www.casapacifica.org.


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This SILHO Agreement is between you or the entity you represent, or, if no such entity is designated by you in connection with a Subscription purchase or renewal, you individually ("you") and The SILHO Corporation ("SILHO", "we", "us", or "our") and consists of the below terms and conditions, as well as the Acceptable Use Policy, the Services Terms, the SLAs, and the Offer Details for your Subscription, or renewal (together, the "Agreement"). It is effective on the date we provide you with confirmation of your Subscription or the date on which your Subscription is renewed as applicable. Key terms are defined in Section 10.
1. Use of Services.
- Right to use.We grant you the right to access and use the Services and to install and use the Software included with your Subscription, as further described in this agreement. You may create and maintain a Customer Solution, which you may permit third parties to access and use, provided that the Customer Solution adds material functionality to the Services and is not primarily a substitute for the Services. We reserve all other rights.
- Acceptable use.You may use the Product only in accordance with this Agreement. You may not reverse engineer, decompile, disassemble, or work around technical limitations in the Product, except to the extent that applicable law permits it despite these limitations. You may not disable, tamper with, or otherwise attempt to circumvent any billing mechanism that meters your use of the Product. You may not rent, lease, lend, resell, transfer, or sub-license the Product or any portion thereof to or for third parties.
- End Users.You control access by End Users, and you are responsible for their use of the Product in accordance with this agreement. For example, you will ensure End Users comply with the Acceptable Use Policy.
- Customer Data.You are solely responsible for the content of all Customer Data. You will secure and maintain all rights in Customer Data necessary for us to provide the Services to you without violating the rights of any third party or otherwise obligating SILHO to you or to any third party. SILHO does not and will not assume any obligations with respect to Customer Data or to your use of the Products other than as expressly set forth in this Agreement or as required by applicable law
- Non-SILHO Products.
- We may make Non-SILHO Products available to you through the Portal or other means. The use of any Non-SILHO Product will be governed by separate terms between you and the third party providing the Non-SILHO Product. For your convenience, SILHO may include charges for the Non-SILHO Product as part of your bill for the Services. SILHO, however, assumes no responsibility or liability whatsoever for any Non-SILHO Products.
- You are solely responsible for any Non-SILHO Product that you install or use with the Services. We are not a party to and are not bound by any terms governing your use of any Non-SILHO Product.
- If you install or use any Non-SILHO Product with the Services, then you, not SILHO, direct and control the installation and use of it with the Services through your actions (for example, through your use of application programming interfaces and other technical means that are part of the Services). We will not run or make any copies of such Non-SILHO Products outside of our relationship with you.
- If you install or use any Non-SILHO Product with the Services, you may not do so in any way that would subject our intellectual property or technology to obligations beyond those included in this Agreement.
- Responsibility for your accounts.You are also responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Services. You must promptly notify our customer support team about any possible misuse of your accounts or authentication credentials or any security incident related to the Services.
- We may make changes to the Services from time to time. We will provide you with 12 months' prior notice before removing any material feature or functionality (excluding Previews), unless security, legal, or system performance considerations require an expedited removal.
- Preview releases.We may make available Previews. PREVIEWS ARE PROVIDED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE," AND ARE EXCLUDED FROM THE SLAS AND LIMITED WARRANTY. Previews may not be covered by customer support. Previews may be subject to reduced or different security, compliance, and privacy commitments, as further explained in the Privacy Statement, Support Center, and any additional notices provided with the Preview. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into "General Availability."
2. Security, privacy, and data protection.
- We maintain appropriate technical and organizational measures, internal controls, and data security routines intended to protect Customer Data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction. Current information about our security practices can be found within the Support Center. You are wholly responsible for configuring your Customer Solution to ensure adequate security, protection, and backup of Customer Data.
- Privacy and data location.We treat Customer Data in accordance with our Privacy Statement. Subject to any restrictions set forth in the Privacy Statement, we may transfer to, store, or process Customer Data in any country where we or our Affiliates or subcontractors have facilities used to provide or support the Services. We are a data processor (or sub-processor) acting on your behalf, and you appoint us to do these things with Customer Data in order to provide the Services to you. You will obtain any necessary consent from End Users or others whose personal information or other data you will be hosting using the Services.
- Ownership of Customer Data.Except for Software we license to you, as between the parties, you retain all right, title, and interest in and to Customer Data. We acquire no rights in Customer Data, other than the right to host Customer Data within the Services, including the right to use and reproduce Customer Data solely as necessary to provide the Services.
- Use of Customer Data.We will use Customer Data only to provide you the Services. This use may include troubleshooting to prevent, find, and fix problems with the operation of the Services. It may also include improving features for finding and protecting against threats to users. We will not use Customer Data or derive information from it for any advertising or other commercial purposes without your consent.
- Third-party requests.We will not disclose Customer Data to a third party (including law enforcement, other government entity, or civil litigant; excluding our subcontractors) except as you direct or unless required by law. Should a third party contact us with a demand for Customer Data, we will attempt to redirect the third party to request that data directly from you. As part of this effort, we may provide your basic contact information to the third party. If compelled to disclose Customer Data to a third party, we will promptly notify you and provide a copy of the demand, unless legally prohibited from doing so. You are responsible for responding to requests by third parties regarding your use of the Services, such as requests to take down content under the Digital Millennium Copyright Act.
- We may hire other companies to provide limited services on our behalf, such as customer support. Any such subcontractors will be permitted to obtain Customer Data only to deliver the services we have retained them to provide, and they are prohibited from using Customer Data for any other purpose. We remain responsible for our subcontractors' compliance with the obligations set forth in this agreement.
- Compliance with law.We will comply with all laws applicable to our provision of the Services, including applicable security breach notification laws, but not including any laws applicable to you or your industry that are not generally applicable to information technology services providers. You will comply with all laws applicable to your Customer Solution, Customer Data, and your use of the Services, including any laws applicable to you or your industry.
3. Purchasing Services.
- Available Subscription offers.The Portal provides Offer Details for available Subscription offers, which generally can be categorized as one or a combination of the following:
- Commitment Offering.You commit in advance to purchase a specific quantity of Services for use during a Term and to pay upfront or on a periodic basis during the Term in advance of use. Additional or other usage (for example, usage beyond your commitment quantity) may be billed like a Consumption Offering.
- Consumption Offering (also known as Pay-As-You-Go).You pay based on actual usage in the preceding month with no upfront commitment. Payment is on a periodic basis in arrears.
- Limited Offering.You receive a limited quantity of Services for a limited term without charge (for example, a free trial) or as part of another SILHO offering (for example, MSDN). Provisions in this agreement with respect to pricing, cancellation fees, payment, and data retention may not apply.
- By ordering or renewing a subscription, you agree to the offer details for that Subscription offer. Unless otherwise specified in those offer details Services are offered on an "as available" basis and we make no guarantee that a particular quantity of Services will be available at the time of request. You may place orders for your Affiliates under this agreement and grant your Affiliates administrative rights to manage subscription , but Affiliates may not place orders under this agreement. If you grant any rights to Affiliates with respect to your subscription, such Affiliates shall be bound by this agreement and you agree to be jointly and severally liable for any actions of such Affiliates related to their use of the Products
- Pricing and payment.Payments are due and must be made according to the Offer Details for your Subscription.
- For Commitment Offerings, the price level may be based on the quantity of Services you ordered. Some offers may permit you to modify the quantity of Services ordered during the Term and your price level may be adjusted accordingly, but price level changes are not retroactive. During the Term of your Subscription, prices for Services will not be increased, as to your Subscription, from those posted in the Portal at the time your commitment period commenced or renewed, except for Previews where prices are identified as temporary or for Non-SILHO Products for which we do not control the price. All prices are subject to change at the beginning of any Subscription renewal.
- For Consumption Offerings, pricing is subject to change at any time upon notice.
- Upon renewal of your Subscription, this agreement will terminate and your Subscription will thereafter be governed, by the terms and conditions set forth on the Portal on the date on which your Subscription is renewed (the "Renewal Terms"). If you do not agree to any Renewal Terms, you may decline to renew your Subscription.
- For Commitment Offerings, you may choose to have a Subscription automatically renew or terminate upon expiration of the Term. Automatic renewal is pre-selected. You can change your selection at any time during the Term. If the existing Term is longer than one calendar month, we will provide you with written notice of the automatic renewal before the expiration of the Term.
- For Consumption Offerings, the Subscription renews automatically at the end of every month until you terminate the Subscription.
- For Limited Offerings, renewal may not be permitted.
- Prices are exclusive of any taxes. You shall pay any applicable value added, goods and services, sales, or like taxes that are owed with respect to any order placed under this agreement and which we are permitted to collect from you under applicable law. You shall be responsible for any applicable stamp taxes and for all other taxes that you are legally obligated to pay including any taxes that arise on the provision of Products to your Affiliates. We shall be responsible for all taxes based on our net income or on our property ownership. If any taxes are required to be withheld on payments you make to us, you may deduct such taxes from the amount owed to us and pay them to the appropriate taxing authority, provided however that you promptly secure and deliver an official receipt for those withholdings and other documents we reasonably request to claim a foreign tax credit or refund. You will make certain that any taxes withheld are minimized to the extent possible under applicable law.
4. Term, termination, and suspension.
- Agreement term and termination.This agreement will remain in effect until the expiration, termination, or renewal of your Subscription, whichever is earliest.
- Subscription Term and termination.You may terminate this Subscription at any time during its Term; however, you must pay all amounts due and owing before the termination is effective, and no refunds will be provided.
- One-month Subscription.A Subscription with a one-month Term may be terminated at any time without any cancellation fee.
- Subscriptions of more than one month.If you terminate a Subscription within 30 days of the date on which the Subscription became effective or was renewed, you must pay for the initial 30 days of the Subscription, but no payments will be due for the terminated portion of the Subscription. If you terminate a Subscription at any other time during the Term, you must pay for the terminated portion of the Subscription as set forth Offer Details for your Subscription.
- Customer Data return and deletion.You may extract and/or delete Customer Data at any time. When a Subscription expires or terminates, we will retain any Customer Data you have not deleted for at least 90 days so that you may extract it, except for free trials, where we may delete Customer Data immediately without any retention period. You remain responsible for all storage and other applicable charges during this retention period. Following the expiration of this retention period, we will delete all Customer Data, including any cached or back-up copies, within 30 days of the end of the retention period. You agree that we have no additional obligation to continue to hold, export or return Customer Data and that we have no liability whatsoever for deletion of Customer Data pursuant to these terms.
- In any country where any current or future government regulation or requirement applies to us, but not generally to businesses operating there, presents a hardship to us operating the Services without change, and/or causes us to believe this Agreement or the Services may be in conflict with any such regulation or requirement, we may change the Services or terminate this Agreement. If we use this subsection 4(d) of the Agreement to change the Services, then you may terminate this Agreement.
- We may suspend your use of the Services if: (1) it is reasonably needed to prevent unauthorized access to Customer Data; (2) you fail to respond to a claim of alleged infringement under Section 6 within a reasonable time; (3) you do not pay amounts due under this Agreement; or (4) you do not abide by the Acceptable Use Policy or you violate other terms of this Agreement. If one or more of these conditions occurs, then:
- For Limited Offerings, we may suspend your use of the Services or terminate your Subscription and your account immediately without notice.
- For all other Subscriptions, a suspension will apply to the minimum necessary part of the Services and will be in effect only while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. We will give at least 30 days' notice before suspending for non-payment. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate your Subscription and delete your Customer Data without any retention period. We may also terminate your account if your use of the Services is suspended more than twice in any 12-month period.
5. Warranties.
- Limited warranty.We warrant that the Services will meet the terms of the SLAs during the Term. Your only remedies for breach of this warranty are those in the SLAs.
- Limited warranty exclusions.This limited warranty is subject to the following limitations:
- any implied warranties, guarantees, or conditions not able to be disclaimed as a matter of law will last one year from the start of the limited warranty;
- this limited warranty does not cover problems caused by accident, abuse, or use of the Products in a manner inconsistent with this agreement or our published documentation or guidance, or resulting from events beyond our reasonable control;
- this limited warranty does not apply to problems caused by any failure to meet minimum system requirements; and
- this limited warranty does not apply to Previews or free offerings.
DISCLAIMER. Other than this warranty, we provide no warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability or fitness for a particular purpose. These disclaimers will apply except to the extent applicable law does not permit them.
6. Defense of claims.
- We will defend you against any claims made by an unaffiliated third party that the Product infringes the third party's patent, copyright, or trademark or makes unlawful use of its trade secret.
- You will defend us against any claims made by an unaffiliated third party that (1) any Customer Solution or Customer Data infringes the third party's patent, copyright, or trademark or makes unlawful use of its trade secret; (2) arise from violation of the Acceptable Use Policy.
- Our obligations in subsection 6(a) will not apply to a claim or award based on: ( i) the Customer Solution, Customer Data, Non-SILHO Products, modifications you make to the Product, or materials you provide or make available in the course of using the Product; (ii) your combination of the Product with, or damages based upon the value of, a Non-SILHO Product, data, or business process; (iii) your use of a SILHO trademark without our express written consent, or your use of the Product after we notify you to stop due to a third-party claim; or (iv) your redistribution of the Product to, or use for the benefit of, any unaffiliated third party.(v)Services provided free of charge.
- If we reasonably believe that a claim under subsection 6(a)(i) may bar your use of the Product, we will seek to: (i) obtain the right for you to keep using it; or (ii) modify or replace it with a functional equivalent. If these options are not commercially reasonable, we may terminate your rights to use the Product and then refund any advance payments for unused Subscription rights.
- Each party must notify the other promptly of a claim under this Section 6.(i) The party seeking protection must (1) give the other sole control over the defense and settlement of the claim; and (2) give reasonable help in defending the claim. (ii)The party providing the protection will (1) reimburse the other for reasonable out-of-pocket expenses that it incurs in giving that help and (2) pay the amount of any resulting adverse final judgment (or settlement that the other consents to). The parties' respective rights to defense and payment of judgments or settlements under this Section are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law rights.
7. Limitation of liability.
- The aggregate liability of each party under this agreement is limited to direct damages up to the amount paid under this Agreement for the Services giving rise to that liability during the 12 months before the liability arose, or for Products provided free of charge, Five Thousand United States dollars ($5,000.00 USD).
- Neither party will be liable for indirect, special, incidental, consequential, punitive, or exemplary damages, or damages for lost profits, revenues, business interruption, or loss of business information, even if the party knew that such damages were possible.
- Exceptions to limitations.The limits of liability in this Section apply to the fullest extent permitted by applicable law, but do not apply to: (1) the parties' obligations under Section 6 or subsection 9(m); or (2) violation of the other's intellectual property rights.
8. Software.
- Software provided for use on devices.If the Software is provided to you with its own proprietary license terms, those terms control. If the Software does not have its own license terms, then you may install and use any number of copies of the Software on your devices for use with Services. This subsection does not apply to Software addressed in subsection 8(b).
- Software provided for use within the Services.We may provide you with the option of running Software within the Services (for example, in a virtual machine). Your use of that Software is subject to SILHO's proprietary license terms c provided with the Software, as modified below:
- You may use such Software only within the Services and only in conjunction with your permitted use of any applicable Services role. To the extent of any conflict between this paragraph and the proprietary license terms contained in the Software, this paragraph controls.
- You have no other rights under the Software's license terms or under this agreement to run the software (for example, you may not run or install copies of the Software on your on-premise servers or other devices unless you separately obtain the license to do so).
- Effect of termination or expiration on Software.If this agreement or the related Subscription is terminated or expires and you do not exercise an available buy-out option for Software, then you must delete all copies of Software and destroy any associated media.
- Other rights.Your rights to access Software on any device do not give you any right to implement SILHO patents or other SILHO intellectual property in software or devices that access that device.
- Third party software.Software may contain third party proprietary programs that are licensed under separate terms that are presented to you. Software may also contain third party open source programs that SILHO, not the third party, licenses to you under SILHO's license terms. Third party notices, if any, for such open source programs are included for your information only.
9. Miscellaneous.
- You must send notices by mail to the address below.
|The SILHO Corporation
Customer Service Department
245 N. Highland Ave. NE
Suite 230-195
Atlanta, GA 30307
|The SILHO Corporation
Customer Service Department
245 N. Highland Ave. NE
Suite 230-195
Atlanta, GA 30307
You agree to receive electronic notices from us, which will be sent by email to the account administrator you specify in the Portal. Notices are effective on the date on the return receipt or, for email, when sent. You are responsible for ensuring that the account administrator email address that you specify in the Portal is accurate and current, and you agree that any email notice that we send to such email address will be effective when sent, whether or not you actually receive the email.
- You may not assign this agreement either in whole or in part.
- Consent to partner fees.When you place an order, you may be given the option to identify a "Partner of Record" associated with your Subscriptions. By identifying a Partner of Record, directly or by authorizing a third party to do so, you consent to us paying fees to the Partner of Record. The fees are for pre-sales support and may also include post-sales support. The fees are based on, and increase with, the size of your Order. Our prices for Products are the same whether or not you identify a Partner of Record.
- If any part of this agreement is held unenforceable, the rest remains in full force and effect.
- Failure to enforce any provision of this agreement will not constitute a waiver.
- No agency.You and SILHO are independent contractors. This agreement does not create an agency, partnership, or joint venture.
- No third-party beneficiaries.There are no third-party beneficiaries to this agreement.
- Applicable law and venue.This agreement is governed by State of Washington law, without regard to its conflict of laws principles, except that (i) if you are a U.S. Government entity, this agreement is governed by the laws of the United States, and (ii) if you are a state or local government entity in the United States, this agreement is governed by the laws of that state. Any action to enforce this agreement must be brought in the State of Washington. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.
- Entire agreement.This agreement is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications.
- The following provisions will survive this agreement's termination or expiration: 1(c)–(f), 2(b)–(g), 3(e), 4(b)–(c), sections 5–7, 8(c), and sections 9–10.
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CULTURE- MUSIC- RIP: Satellite heads to venue heaven
Calling the demise of the Satellite Ballroom– scheduled for later this week– "the end of an era" or anything remotely comparable would be a little delusional given that it has been open only since April 2004. But it is, in a way, a reality check.
Two years ago, Charlottesville was awash in music venues, and we were repeatedly running articles about the potent local music scene– and more importantly, believing our hype with all our little hearts.
But we can be excused: for a while, it was true. Justin Timberlake came to town at the absolute pinnacle of his career, the Washington Post named us one of the college town music meccas of the Southeast, and there were weekends where there was just no way to do it all– remember that Saturday when it was Wilco v. Mute Math v. the Crozet Music Festival?
Somewhere along the way, the Smashing Pumpkins did a nine-day residency in Asheville, and at the time that almost seemed like a confidence-boost-by-proxy. If you were paying attention, it felt like we were onto something big.
Beetnix rapper Damani Harrison effectively leads the local hip-hop scene, and he says his nervous excitement peaked with one of the recent music milestones that went down at Satellite: the first in a string of several local performances by thoughtful hip-hop duo Blackalicious that sold out– spectacularly.
"I just remember seeing the line down the block for that and thinking, 'Something really cool could happen here,'" Harrison says.
And it did, briefly. Mainstream hip-hop enjoyed an (unfortunately terminal) resurgence before the local clubs started to sour on it again, with everyone from Def Jux artists like Mr. Lif coming to Satellite and what seemed like half the Wu-Tang Clan dropping into the late Starr Hill.
It was a reflection of the growth that was also happening all over town, but in the end, it just wasn't sustainable, and soon Satellite will be joining Starr Hill as a stop on the great tour circuit in the sky. Starting now it might be hard to stay excited when there's simply no place in town suitable for a mid-sized rock show; all the adrenaline will probably just evaporate on the drive back from Richmond.
Local folk singer Paul Curreri is one of the performers on the bill for Satellite's final show, the C-Fest music showcase run by local musician Lance Brenner. That blowout– paired with the string of local rock shows May 21-23– makes for a fitting exit sequence, especially given that so many local musicians are distressed by the loss of yet another venue.
Curreri has typically been more at home at Gravity Lounge than at Satellite, but he respects the role the Ballroom has played. "I didn't actually go to Tokyo Rose all that much either," he says, "but it was an enormous comfort that they were there."
Bassist Jerel Jacobs of Acoustic Groove Trio, another band slated to perform May 24, thinks it was due largely to the venue's flexibility. "Satellite could have well-known or less well-known bands of all different types, and it could adapt. I definitely think there's a lack of that now," he says. "There are other venues in town that can change a little bit, but they can't accommodate RZA one night and Joanna Newsom the next."
Ballroom manager Danny Shea says that while he's hoping to continue the work he has recently started with booking shows at venues like the Outback Lodge and the Twisted Branch Tea Bazaar, it's Pavilion chief Kirby Hutto who's leading the charge toward nailing down a new space.
Unfortunately, Hutto doesn't have much encouraging news at the moment: "We're beginning work on the Jefferson [Theater] and are hoping to have it in September '09. Ultimately that will be the home for those shows," he says. "If we can find something in the interim, that would be a bonus, but Charlottesville's economy is good, and there aren't a lot of empty buildings."
Shea is also frustrated with the clandestine dealings between property owner Terry Vassalos and CVS that ultimately ousted the Ballroom, in particular because years of renovation work by the current tenants have effectively gone down the drain.
"We helped make the property more attractive to a big corporate chain," says Shea. "I feel like Terry's making a huge profit at our expense." Ultimately, Shea says, even the full support of local music mogul Coran Capshaw, who bought part of Satellite about a year ago, when he was closing Starr Hill Music Hall, wasn't enough to derail the CVS deal.
But local guitarist Jay Pun is keeping it all in perspective. He points out that this isn't the first time leases have soured in the Charlottesville music world.
"People should have done the same thing for the Prism," he says.
No keeping it in perspective for Nice Jenkins drummer Adam Brock– he's extremely upset.
"From the perspective of a music listener, this is a tragedy," says Brock, "because that entire market is gone until a new space is built."
Brock says that it will be exponentially more difficult for his band to grow its audience now that they can't latch onto opening slots with larger national touring acts. Brock doesn't even understand the financial appeal to CVS. "I don't think they're going to do well," he says. "Students are going to go to Student Health. The biggest pharmaceutical business in this area is probably sorority girls' birth control, and you know they're not going to CVS for that. They might stop in to get a scrunchie every now and again, but beyond that, it doesn't really make sense."
But there are still bands around here like recent Red Light Management signees Sons of Bill and Sparky's Flaw, either of whom might be close enough to making it big to re-ignite things– or at least to keep the kindling lit for the next year and a half. The musical energy here may not yet be spent, nor has it necessarily migrated to Richmond.
But at the very least we're about to see whether Charlottesville really cares about its music. Judging from the public outcry– which included a petition drive– over Satellite's predicament, it does. But now that the cards are on the table and corporate America has successfully called rock and roll's bluff, it's time to ante up again.
As Jacobs says, "We have a lot farther to go than a lot of people think."
In other words, at some point, "Oh, no" needs to turn into "Now what?" For the next 18 months, that may mean getting yourself down to Miller's or Outback twice a week. Get on it, people.
The farewell concerts, take place May 22-24 at the Satellite Ballroom. Times and prices vary; see the Hook music blog for details.


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At first glance Nadege Meriau's photographs appear to be microscopic images, at second glance, apocalyptic landscapes. But in reality they are assembled out of food: fruits, vegetables, bones, meat and more.
The lighting is haunting and carefully constructed with a muted color palette. When studying her images, one starts forming an exit strategy. There is a paradox in them, between pain and pleasure.
Meriau is a Tunisian-born artist who is currently based in London. She received her masters from the Royal College of Art in 2011 and has exhibited her photographs in Europe since 2005. Most recently she was nominated for the Discovery Prize at Les Rencontres d'Arles. In her interview with Raw File below, Meriau discusses her process, intentions and negotiating art versus commercial work.
Wired: Would you say that science is an influence on your work? If so, could you explain how?
Meriau: Yes, the natural sciences, especially biology, are a strong influence. One of the main starting points for this project was my reading of Darwin's The Formation of Vegetable Mould through the Action of Worms, with Observations on their Habits. I am also very interested in biomimicry, especially when it comes to architecture.
Wired: Do you consider your images to be abstract or do you want your audience to immediately understand what you are building? Could you explain the importance of working with food?
Meriau: I want to disorientate the viewer, at least initially, so hopefully the images are not immediately understandable. I'm drawn to edible materials because of their complex textures and colors but also because they are alive and unpredictable as they change with time and temperature.
The transformative, alchemical aspect of growing and cooking food is interesting to me, perhaps because it is akin to the creative process. I also like the idea of exploring everyday edible objects such as a piece of bread or a potato.
Wired: I see that you shoot commercial photography as well as fine art and that you are represented by Wyatt Clarke and Jones. How do you feel about making your work for strictly commercial purposes?
Meriau: I don't see myself as a commercial photographer but more as an artist who takes on commissions and works collaboratively with art directors, designers and picture editors.
Wyatt Clarke and Jones are known for representing people who didn't set out to be commercial photographers. They have an understanding of fine art and documentary photography, which makes it possible for me and other photographers to work with them.
I see my art and commercial practices as separate yet entwined: One is research based and the driving force behind everything I do, the other is more indexical and about working collaboratively on a brief. I enjoy both and I see them as feeding of one another as if part of an ecosystem.
Wired: In many of the structures from your current work, the viewer has a sense they are trapped inside these caves. Is this your intention in terms of narrative?
Meriau: My intention is to envelop or draw the viewer into these spaces, not to trap him/her. If you look carefully there is always an exit point, a chance to escape.
Wired: To me your structures seem to represent dwellings, are they a comment on the nature of "Home"?
Meriau: I'm interested in the duality of the concepts of food and home and how both can be seen as safe, nurturing, life-giving or unsafe, destructive and poisonous.
Wired: Who are your artistic influences?
Meriau: Jules Verne, Stanley Kubrick, Werner Herzog, Marx Ernst, Salvador Dali, Theodore Gericault, Caspar Friedrich, William Turner, Alex Hartley, Louise Bourgeois, Anya Gallacio, Sarah Lucas … to name a few!
Wired: What is next for you? Will it involve food?
Meriau: Food is vast territory that I'm only beginning to explore. Ideas for future projects involve a mushroom-based installation and a collaboration with a beekeeper and his bees.