text:
News Focus: Sauk Trail — Bronson
By Rosalie Currier | rcurrier@sturgisjournal.com
About the series: Over the course of eight weeks, we follow the path of Sauk Trail, starting at the western edge of St. Joseph County and traveling along the path to Jonesville in Hillsdale County.
As with almost any community, Bronson's history is full of colorful characters whose names are now on street signs. Lining the streets are homes, buildings and churches built more than 100 years ago.
Jabez B. Bronson named the settlement after himself because in 1828, he stopped on a prairie beside Chicago Road in Branch County and soon opened a tavern. In 1830, when he became the first postmaster, he called the area "Bronson's Prairie."
According to early records, Bronson's "thin, gray locks, which hung in disorder over his shoulders, his furrowed cheeks and dimmed eyes, furnished unmistakable evidence that he had seen at least half a century."
Territorial Law of Michigan did not permit a tavern keeper to hold the office of justice of the peace, nor a justice to hold his court in a bar room, so Bronson's stepson was named tavern owner.
When Bronson served as justice of the peace alcohol would be cleared away, it was declared it was not a tavern, then proceed with matters of law.
Bronson didn't live on his prairie long. Around 1936, he moved to Batavia Township, leaving his name to the settlement.
It was incorporated as the village of Bronson in 1866.
Another notable figure was Cyrus Luce of Gilead Township, the only Michigan governor from Branch County.
Luce moved from Orland, Ind., to Snow Prairie Road. The son of an Orland industrialist, his interest was in politics.
Advancing through the ranks, Luce was elected in November 1886 as governor of Michigan, and served two, two-year terms.
The Bronson Journal called Luce the "sage from Gilead."
An 1888 history book states, "Gov. Cyrus G. Luce is high-minded, intellectual and affable ... a man in all respects above reproach."
Luce was the first governor to move his family with him to Lansing and the first to occupy the governor's mansion on Mackinac Island.
People, businesses and industry came and went through Bronson. By turn, the community was built up and experienced setbacks.
One historical building that has remained for a century is Carnegie Library.
In the 1880s, Ladies' Library Association founded "Free Public Library of Bronson." In 1910, the township applied for an $8,500 grant from Carnegie Foundation to help with a new building. The township had to provide matching funds for the project.
A location for the library was chosen, at the site of what had been known as Rose Tavern. At that time, it was one of the oldest buildings in the village, dating to 1836. Rather than tearing down the structure, it was moved to a farm nearby, to be used as a barn.
The Bronson library was built with the front facing Matteson Street, and it looks as it did when it opened in 1912.
The library has been updated with a barrier free entrance and a media center tucked in the back to keep the historic Carnegie status.
Polish Festival
In 1966, the Bronson community held a centennial celebration. One of the days of the festival was dedicated to the Polish heritage of many residents. In 1969, it became an annual event. The 50th anniversary of the festival will be held July 18-20.
Fire destroyed several historic downtown buildings.
One lot is now Memorial Park, a public area with a gazebo. "Music in the Park," a live-music series, is one event held there today.
Downtown doesn't offer the brisk retail of several decades ago, but options include Discount Foods of Bronson with a seasonal ice cream parlor, Five Star Pizza, Barone Hardware, Smitty's Pizza, Matteson Street Grill, Dollar General and several gas stations.
East of the city are three "destination businesses" that attract people to Bronson from surrounding states.
Strike Zone, a bowling alley and restaurant. Bill's Steak House, a restaurant. White Star Snowmobile Auction.
The Bronson industrial community has declined somewhat in recent years, but several are still major employers including Douglas Autotech, G&W Display and Maddox Industry.
Bronson Community Schools, currently with a K-12 student count of about 1,000, has been an integral part of the community since 1829, almost as soon as settlers climbed down from their wagons.
During the past two centuries, buildings went up, additions were constructed and old ones demolished as educational needs changed with growth, decline and the culture of the day.
St. Mary's Catholic School, a K-8 schools, has offered education since the early 1900s.
Some churches in Bronson have a lengthy history. Four churches are located on Chicago Street. First Baptist is close to downtown.
St. Mary's Catholic Church, at 602 W. Chicago St., has roots in the late 1850s.
First Congregational Church of Bronson was organized in 1868. In 1886, the current brick church was constructed at 139 W. Chicago Street.
First Baptist Church, at 140 Buchanan St., opened in 1857 and have been there ever since.
The Methodist Church started in 1857 on Snow Prairie Road. In 1867, the congregation moved to Bronson and began working on a red brick building at 312 E Chicago St. It was completed in 1871, then torn down in 1967 — the same year the current church was completed.
Church of Christ at Bronson, at 718 E. Chicago St., opened about 30 years ago.
Bronson Area Historical Society is being formed by June Wilber, Jim Schafer and Lynnell Eash. The office will be at the front of the Bronson Community Foundation theater.
"What we're seeing is people cleaning out mom and dad's place," Eash said. "They don't want the stuff, so it's getting pitched. Now they can bring artifacts related to Bronson here."


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Adrianus Eversen (13 January 1818 – 1 December 1897) was a Dutch painter.

Biography
Adrianus Eversen portrayed the typical 19th century Dutch atmosphere in his work.  As a member of Arti et Amicitiae he belonged to the society of elite artists of his time.

Eversen was a contemporary of Cornelis Springer. Both painters were students of Hendrik Gerrit ten Cate at the same time, and usually painted contemporary regional (Oud-Hollandse) cityscapes.  In his choice of subjects, Eversen allowed himself more freedom. He painted mostly imaginary cityscapes, consisting of existing and invented fragments, unlike the more faithful representations of Springer.

The everyday life of people, Dutch architecture, and the illumination effect of sunlight played a major role in his work.

One of his descendants was the painter Johannes Hendrik Eversen.

See also
 Johannes Bosboom
 Johan Jongkind
 Johannes Hermanus Koekkoek

References

External links

1818 births
1897 deaths
Painters from Amsterdam
19th-century Dutch painters
Dutch male painters
19th-century Dutch male artists

redpajama_set_name: RedPajamaWikipedia


You are here: Home FAQs Questions about Friends and Family Relationships Should a young person seek the counsel of parents and elders about dating?
In cultures where elders or parents do not arrange a couple's marriage this is important. The influence of a society that discounts the permanence of marriage will test the strength of a Christian marriage. Finding the right partner is a crucial choice and must be made carefully, yet marriage is a life-long commitment of two who generally have no experience in making such a momentous choice.
How wonderful that Christians have a wise heavenly Father to guide them by means of prayer and His Word! It is never too early in Christian life for a believer to submissively ask the Lord if and whom he should marry (1Pe 5:7). In addition, wise Solomon tells us twice that "In the multitude of counselors there is safety" (Pro 11:14; 24:6). Parents and elders ought to be people a young person respects for their wisdom and experience. Friends who are both spiritual and objective are also good candidates for inclusion in the "multitude of counselors." The brother and the sister in Christ who begin to keep company are each responsible before the Lord to determine His will for them in this matter (Rom 14:12). They cannot make their choice merely on either the advice of respected counselors or the conviction of their "dating partner" that their relationship is the Lord's will. The input of others, however, should be weighed carefully, prayerfully, and as objectively as possible. The choice to date is not an irreversible choice, but believers should not make that choice lightly. To be kind and fair to each other, they should choose to spend time together only if each one would consider the other to be a reasonable candidate for marriage. The insights of trusted counselors can be helpful in assessing the prospective partner's spirituality, personality, capabilities, habits, reliability, family background, and overall compatibility.
Years before dating is an issue, parents and elders can cultivate a relationship with these believers that will foster trust and enable effective and helpful communication in this important area. Before their children are thinking about dating, parents can promote family discussions that will help their children recognize important features they should weigh when thinking of a relationship with prospective marriage partners.


text:
Efforts to Hold Up The Leaning Tower of Pisa Are Going Better Than Expected
Environment22 December 2022
By Clare Watson
(1001Love/Getty Images)
Take one look at Italy's Leaning Tower of Pisa and a single question springs to mind: just how close is it to toppling right over?
For decades going on centuries, engineers, historians, and onlookers have held their collective breath at the fate of the iconic bell tower, which has weathered four earthquakes and swayed back and forth, yet somehow still stands with that eponymous lean.
It's not without some clever intervening that the tower has avoided a date with gravity. In fact, before it was even finished engineers battled to return the structure to an upright position.
We can all now breathe a sigh of relief, thanks to the latest survey of the bell tower, which found that its health is much better than forecasted. The tower has crept upright by about 4 centimeters (1.6 inches) in the 21 years since the last stabilization works were done.
The survey was conducted by a team of geotechnical engineers and funded by Opera Primaziale Pisana (O₽A), a non-profit organization established to oversee construction works to preserve the historic site.
"Considering it is an 850-year-old patient with a tilt of around five meters and a subsidence of over three meters, the state of health of the Leaning Tower of Pisa is excellent," an O₽A spokesperson told Italy's National Associated Press Agency (ANSA) earlier this month.
Construction of the Tower of Pisa began in 1174, and within a few years – following construction of its first few tiers in fact – it was obvious something was wrong. Its shallow foundations were constructed on an unstable base of mud, sand, and clay that was softer on the southern side.
Engineers tried to correct the lean as they went, making upper floors taller on one side than the other, resulting in what you could say is a marvelous building that's curved as well as lopsided.
Over many years, with its tilt increasing, engineers attempted to sure up the eight-storey tower, sometimes making the problem worse. By the 1990s, the Tower of Pisa was no closer to solid ground, tilting 5.5 degrees to the south, just beyond the point at which engineers thought the tower would collapse.
Laser scan of the Tower of Pisa. (CyArk/Wikimedia Commons/CC BY-SA 4.0)
Shortly thereafter, the tower was closed to the public and the Italian government enlisted a group of experts, chaired by civil engineer Michele Jamiolkowski, to work out how to save it. They thought about injecting cement beneath the tower but decided that was too risky and instead tried anchoring the north side down with 900 tons (816 metric tonnes) of lead weights to counterbalance the sunken south.
When that didn't work, they excavated soil from beneath the tower's north side. Slowly, it began to rise up – and rotate. Anyone who has played a gravity-defying game of Jenga would know how nerve-wracking that would be.
frameborder="0″ allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen>
The decade-long stabilization project was eventually completed in 2001, after which the tower had straightened up some 40 centimeters and now its tilt is just shy of 4 degrees – still twice as much as the building's original lean when construction finished in 1350.
In 2013, researchers from Australia's national science agency, CSIRO, also mapped every nook and cranny of the tower using 3D scanners, creating some ghostly digital reconstructions of the tower that could be used should the building ever need repairing.
Topple, hopefully, it will not. The tower now sways so slightly, oscillating on average around half a millimeter year, according to geotechnician Nunziante Squeglia, a professor of geotechnics at the University of Pisa, who is part of the monitoring group.
"Although what counts the most is the stability of the bell tower, which is better than expected," Squeglia told ANSA.
In a country steeped in antiquity, Italy's Leaning Tower of Pisa is not the only historic figure under close inspection for fear of collapse. Scientists have for centuries been eyeing off cracks in David of Michelangelo's ankles that could bring down the world's most perfect statue, an effort which ramped up after a 2014 paper found that a slight tilt of 5 degrees has already caused damage and could eventually lead to catastrophic failure. Earthquakes the same year didn't help allay tensions.
While the fate of David is precarious, thankfully the Leaning Tower of Pisa should be secure for at least the next 300 years and maybe more, experts say. Some engineers even think that the restoration efforts could be so successful that the infamous tower may one day right itself.
Ironically, research shows that the same soft soils beneath the tower's foundation that produced its characteristic lean might actually now offer some protection from earthquakes, giving the structure a longer, less destructive natural vibration period if rocked.
So perhaps a better question to ask ourselves is: will the Leaning Tower of Pisa ever stand up straight? And what then will become of its name?
Great White Sharks Are Being Scared From Their Habitat by Just 2 Predators Nature2 days ago
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Couple Captures Rare Footage of a Giant Squid Swimming Off The Coast of Japan Nature2 days ago

redpajama_set_name: RedPajamaCommonCrawl


Treadwell's terrazzo flooring is perfect for any living area in your home. With its high-gloss surface, and reflective marble chips, terrazzo adds a distinctive element to your interior design.
Terrazzo is idea for living spaces where you want a bright, shiny floor with amazing performance.


text:
Q: C# How to use event in the inherited class I'm trying to implement an event for logging:
In the following example, all works well:
public class BaseElement
{
    internal delegate void ReportWriter(string report);
    internal event ReportWriter Log;

    internal void Click()
    {
            WebElement.Click();
            Log?.Invoke("The " + Name + " is clicked");
    }
}

But when I try to use Log in the inherited class, the methods on the Log aren't allowed to be used.
public class Button : BaseElement
{
    //....

    internal void Clear()
    {
            WebElement.Clear();
            Log.//not allowed any methods
    }
}

I do not want to initialize the delegate and Log an event each time in each class - how do I use one event for all cases?

A: Add the following method to your BaseElement class:
internal void LogInvoke(string report)
{
    Log?.Invoke(report);
}

Then you can invoke it from the inherited Button class by calling the LogInvoke method.
public class Button : BaseElement
{
    //....

    internal void Clear()
    {
            WebElement.Clear();
            LogInvoke("clear");
    }
}

redpajama_set_name: RedPajamaStackExchange


text:
Difference between revisions of "ITK Release 4/Licensing"
< ITK Release 4
Ibanez (talk | contribs)
(→Notation)
* A file named LICENSE is now at the top of the ITK source tree, containing the verbatim text of the Apache 2.0 License.
* A file named '''LICENSE''' is now at the top of the ITK source tree, containing the verbatim text of the Apache 2.0 License.
* A file named NOTICE is now at the top of the ITK source tree, containing a manifesto of the copyright and licenses of third party files that are distributed along with the toolkit, and/or section of code that have been integrated with the ITK toolkit.
* A file named '''NOTICE''' is now at the top of the ITK source tree, containing a manifesto of the copyright and licenses of third party files that are distributed along with the toolkit, and/or section of code that have been integrated with the ITK toolkit.
** For example, the copyright notice and license of: VTK, VXL, TargetJr, libjpeg, libpng.
** This file was mostly formed from the "Copyright" file that the packagers of the Debian distribution of ITK carefully crafted after analyzing the content of ITK 3.16. It is of course possible that our new NOTICE file may contain errors and/or omissions, in which case, we encourage you to point them out to us so they can be promptly corrected.
* Files in the ITK/Copyright directory, are scheduled to be removed from the toolkit, given that their content has now been copied into the NOTICE file.
Revision as of 12:04, 7 October 2010
New License
On January 2010
The board of the Insight Software Consortium (ISC)
voted for changing the license of
The Insight Software Toolkit
from the BSD License
to the Apache 2.0 License.
The board voted to make the change effective starting with ITK version 4.0, and leave previous versions of ITK to maintain the license under which they were originally released.
The method for applying the license to the toolkit was also modified in order to match the recommended practices of the Apache Foundation
A file named LICENSE is now at the top of the ITK source tree, containing the verbatim text of the Apache 2.0 License.
A file named NOTICE is now at the top of the ITK source tree, containing a manifesto of the copyright and licenses of third party files that are distributed along with the toolkit, and/or section of code that have been integrated with the ITK toolkit.
For example, the copyright notice and license of: VTK, VXL, TargetJr, libjpeg, libpng.
This file was mostly formed from the "Copyright" file that the packagers of the Debian distribution of ITK carefully crafted after analyzing the content of ITK 3.16. It is of course possible that our new NOTICE file may contain errors and/or omissions, in which case, we encourage you to point them out to us so they can be promptly corrected.
Files in the ITK/Copyright directory, are scheduled to be removed from the toolkit, given that their content has now been copied into the NOTICE file.
Retrieved from "https://itk.org/Wiki/index.php?title=ITK_Release_4/Licensing&oldid=31468"
Content is available under Attribution2.5 unless otherwise noted.


Enjoy the attraction of a rustic farmhouse in the lovely Bullpasture Valley of Highland County, Virginia. We currently divert rainfall on the roof our house in three totally different instructions. Offering Jalapeno pretzel rods & Cinnamon sugar pretzel rods, most lately adding pretzel sandwiches and sizzling canine!. I've all the time wanted a prefab home – now I know the place to go to discover a good comparability. It is slow on account of our plans for a swimming pond….see the part decrease down the post.
Run by a number of thrift shops to search out the proper piece that your cats will love— it would in all probability be cheaper than buying supplies on the house improvement store. The silver pound has contributed to higher than common house prices for the county, and it is consequently uncommon to find a habitable three bedroom house below £200,000 on this seaside city with its fantastic sandy seaside. The home has a grand spacious feel with high ceilings and chandeliers, exceptional kitchen and living rooms have an open plan really feel which is ideal for households and huge groups. We should have the ability to set in a large tank by the barn (its up a hill from the house).
Worryingly, the bottom line for home prices in this region appears to have slid downwards in the first six months of this 12 months. Sellhousefastusa four years in the past from Sell home for money in new york , brooklyn, queens, long island, bronx & nationwide ! There is no central heating and the home has been just about abandoned for years, which means that 'ventilation solely comes from the broken home windows!!! Thank you for responding and every thing this member of the family did in the past was small theft like stealing money from purses however recently has moved up to stealing financial institution cards, bank cards and now breaking into my residence.
Oddly sufficient, people with a house or an condo who go to sleep in public are hardly ever charged with anything. A dog home like that is rather more like a natural dog den, so will please your dog as well as keep her dry and warm. We have now completed the construction of the veranda deck and roof across the front of the house and this is such a lovely place to sit down and loosen up (or so I'm led to consider!). In a desperate effort to try to recoup the cost, he tried to set the home on fireplace in the front parlor on the primary degree.
When I was a woman rising up in the late Fifties, my Auntie's row home nonetheless had a coal bin and a basement kitchen that was heat in the winter and funky in the summer. His mom was out of state with his dying father, and he told me that she agreed i may dwell on the home (he was watching it for them) and was speculated to be dwelling out of state even after the daddy handed away.


text:
<form action="index.php" method="post" class="formInput">
    <input hidden type="text" name="type" value="register" />
    <input hidden type="text" name="state" value="1" />
    Name
    <input type="text" name="name" id="name">

    Lastname
    <input type="text" name="lastname" id="lastname">

    Username
    <input type="text" name="username" id="username">

    Password
    <input type="password" name="password" id="password">

    Confirm password
    <input type="password" name="confirmPassword" id="confirmPassword">

    Email
    <input type="email" name="email" id="email">

    <input type="submit" value="Register">
</form>

redpajama_set_name: RedPajamaGithub


A new trailer and plenty of new details came out today for Homefront: The Revolution, the open-world sequel in development from Dambuster Studios and Deep Silver. Some of today's big news focuses on the co-op "Resistance Mode" that will be featured in the game alongside the "Freedom Fighters" gameplay trailer that went out.
The biggest news might be the announcement of a closed beta for the game on the Xbox One. The beta will begin February 11 and run until February 14.
Resistance Mode is a brand new four-player co-operative online experience. Form a Resistance Cell with your friends online and wage guerrilla warfare against the KPA military in thrilling narrative-driven missions across occupied Philadelphia. Customize your personal roster of Freedom Fighters as you and your teammates go from rookie civilians to battle hardened soldiers. Unlock new skills, earn weapon blueprints, rare equipment and combat gear to upgrade.
Xbox One owners can be the first to try it out when the Closed Beta runs February 11-14 exclusively on Xbox One, the all-in-one games and entertainment system from Microsoft. In addition, registered members of the Homefront community may also be invited to participate in a sneak preview of Resistance Mode via one of the upcoming Closed Beta Stress Tests which will take place on Friday, January 29th and Friday, February 5th on Xbox One.
"Homefront: The Revolution is this team's most ambitious project yet," said Hasit Zala, game director at Dambuster Studios. "In addition to our epic 30-plus hour single-player campaign, we expect to launch Resistance Mode with 12 Missions, packed with re-playability, and hope to release another 20 Missions within the first year. To ensure our community can always play together, all Resistance Mode Missions will be free to download."
All pre-orders for the game will receive the "Revolutionary Spirit" pack. The "Revolutionary Spirit" pre-order offer gives players unique skins and instant unlocks of select weapons for the campaign. The Revolutionary Spirit pack available at all retailers includes: the Red Skull motorbike skin and the Golden pistol skin for campaign along with instant unlocks of the Marksman Rifle, Sniper Scope and Remote Explosives for your Resistance Mode character.
Homefront: The Revolution is out on May 17 for the Xbox One, PlayStation 4, and PC.


Thank you very much for visiting the BUYMA website. BUYMA is a social shopping service by which fashion items and other goods can be purchased through the Internet.
BUYMA is available only to those who have agreed to these BUYMA Terms and Conditions of Use set forth below, which apply to any and all individuals and entities who use BUYMA.
All users are requested to be aware that, by using BUYMA, they are deemed to have agreed to these Terms and Conditions of Use.
If you cannot agree to or understand any term or condition set forth herein, please refrain from using BUYMA.
In addition, each user has the opportunity to consult their lawyer or other specialist about these terms and conditions before agreeing hereto and beginning to use BUYMA.
CAUTION: Please note that "BUYMA," as used under this Terms and Conditions of Use, refers to the international social shopping service (defined as the Services below) which the Company operates under the Website. For the avoidance of doubt, the Company separately operates a Japanese-only service under the same name of "BUYMA" (http://www.buyma.com) but which is different to the Services provided via the Website, and which is governed by a separate set of terms and conditions of use and privacy policies. Users should take care in not confusing these Terms and Conditions of Use with those applicable to the Japanese-only service.
Any of the expressions such as "breach of these Terms", "in breach of these Terms", "violation of these Terms" and "in violation of these Terms" shall include the case where a warranty set forth in these Terms contains any false statement.
These Terms stipulate the conditions for using the Services that shall apply to any and all persons who use the Services, regardless of whether with or without compensation. These Terms shall apply to any and all Members, regardless of the types of membership (Exhibiting Member or Purchasing Member), and, in addition, to any parties who use the Services without membership registration.
Each party using the Services shall be required to agree to these Terms and, if failing to agree, shall not be entitled to use the Services.
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If a Membership Registration Applicant falls under any of the items below, the Membership Registration Applicant may not register as a Member. Further, if the Company determines that the Membership Registration Applicant falls under any of the items below, the Company may reject its registration application. Even if the Membership Registration Applicant or any third party suffers any damage, loss, expenses, etc. (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees) as a result of such rejection by the Company, the Company shall not be liable for such damage, loss, expenses, etc. (whether based on contract, tort or any other legal theory), regardless of the foreseeability thereof.
Having ever indicated to the Membership Registration Applicant's relationship or his, her or its related party's relationship with an Anti-Social Force.
Otherwise, the Company determines that the grant of membership to the Membership Registration Applicant is inappropriate.
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The Company shall not be liable (whether based on contract, tort or any other legal theory) for any damage, loss, expenses, etc. resulting from a Member's breach of this Article 3 (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees), regardless of foreseeability thereof.
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In the case where, when selling goods to a Purchasing Member, the Exhibiting Member owes the obligation to pay the price of the goods to a store or another party from which or whom the Exhibiting Member sourced and purchased the goods, it will duly fulfill such obligation.
If any Registered Information is inputted when the Services are used, the Company shall deem that the User recorded as the registrant of such inputted Registered Information is the person using the Services in such case.
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If a User suspects that its Registered Information has been fraudulently used or security of its Registered Information has been compromised in operation of the Services, the User must immediately notify the Company thereof.
If a Member desires to withdraw from membership, it may do so by performing the relevant procedures prescribed by the Company; provided, however, that, if there are any payment or transactions outstanding at the time when the Member performs the withdrawal procedure, the Member may not immediately withdraw from membership. Such Member shall duly proceed with and complete the settlement of such outstanding payment or transactions according to these Terms without delay, before performing the procedures for withdrawal from membership.
Having ever indicated to the Member's relationship or his, her or its related party's relationship with an Anti-Social Force.
The Company otherwise determines that such withdrawal is necessary.
The withdrawn Member will remain bound, even after withdrawal, by these Terms (without but not limited to the provisions regarding disclaimer of the Company) regarding the withdrawn Member's acts and events that have occurred before the withdrawal, and matters caused thereby.
Any other acts that the Company determines inappropriate and prohibits therefor.
If a User conducts any of the prohibited acts listed above, such User shall assume full liability for such act, including compensation for damage suffered by other Users or third parties as the result of the prohibited act, regardless of such User's intentional act/omission or negligence thereto or otherwise, and shall indemnify and keep harmless the Company from liability therefor. The Company shall not be liable (whether based on contract, tort or any other legal theory) for any damage, loss, expenses, etc. due to such prohibited acts (including but not limited to direct, indirect, direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees), regardless of the foreseeability thereof.
If the Company suffers any damage, loss, expenses, etc. (including but not limited to direct, indirect, direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees) resulting from any of the prohibited acts listed in Paragraph 1 of this Article by a User (including the case where any third party claims liability for damage against the Company), such User must compensate and indemnify the Member for such damage.
If any act is conducted with respect to which the Company determines to fall under any of the prohibited acts listed in Paragraph 1 of this Article, or if the Company determines it to be necessary for any other reason, the Company may, without prior notice, take measures (including but not limited to disclosure of information in response to claims by a person asserting that any of such person's rights has been infringed by a User) to prevent the occurrence of or to mitigate damages due to the prohibited act, or take any other measures that it deems appropriate, regardless of any User's intentional act/omission or negligence thereto or otherwise. Even if any User or any third party suffers any damage, loss, expenses, etc. (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees) as a result of such measures taken by the Company, the Company shall not be liable for such damage, loss, expenses, etc. (whether based on contract, tort or any other legal theory), regardless of the foreseeability thereof.
Each User shall be solely liable for its own use of the Services, and may not cause any inconvenience or damage to another User, a third party or the Company via the User's use of the Services.
If any User causes damage to another User, a third party or the Company in relation to its use of the Services, such User shall compensate for such damage at its expense and responsibility, and may not cause any inconvenience or damage to the Company in relation to such damage on another User or a third party.
If any User conducts any act that violates these Terms or any fraudulent or illegal act, such User must compensate and indemnify the Company for the damage, loss, expenses, etc. incurred by the Company due to such act (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees).
If any dispute (including not only litigation, but also any and all other disputes such as complaints or demands) arises between a User and a third party in relation to the Services, such User shall settle the dispute at its expense and responsibility. If the Company incurs any damage, loss, expenses, etc. (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees) in relation to such dispute, such User must compensate and indemnify the Company for such damage, loss, expenses, etc.
Each Exhibiting Member may exhibit goods which the Exhibiting Member desires to sell via the Services, in manners prescribed by the Company, on the condition of not violating any applicable laws or regulations (including laws or regulations of a country other than Japan, if such laws or regulations are applicable), not violating provisions of any relevant agreements, and not infringing on any rights of third parties. Each Exhibiting Member may also exhibit services collateral to such sale of goods via the Services (including delivery and packaging services thereto), on the condition of not violating any applicable laws or regulations (including laws or regulations of a country other than Japan, if such laws or regulations are applicable), not violating provisions of any relevant agreements, and not infringing on any rights of third parties.
Legal regulation on parallel imports differ from country to country. Each Exhibiting Member must, throughout the period in which the Exhibiting Member uses the Services and at the Exhibiting Member's expense and responsibility, confirm that any parallel import of goods by itself and/or the Purchasing Member is not in violation of any applicable laws or regulations (including laws or regulations of a country other than Japan, if such laws or regulations are applicable) and not infringing on a third party's copyright or other right (including rights other than intellectual property rights).
Each Exhibiting Member must confirm, throughout the period in which the Exhibiting Member uses the Services and at the Exhibiting Member's expense and responsibility, that the exhibition, sale, delivery and other aspects of fulfillment of the purchase and sale agreement of goods which the Exhibiting Member sells via the Services are not in violation of any applicable laws or regulations (including laws or regulations of a country other than Japan, if such laws or regulations are applicable), nor are restricted by any applicable laws or regulations threatening to prevent the fulfillment of such purchase and sale agreement (including laws or regulations of a country other than Japan, if such laws or regulations are applicable).
Each Exhibiting Member must determine which party (either the Exhibiting Member or the Purchasing Member) will bear the shipping charge of goods, and clearly express such condition when goods are exhibited, in a manner easily understood by Purchasing Members.
Each Exhibiting Member must, when exhibiting goods, specify the type of duties, taxes, customs clearing charges and other expenses categories payable by Purchasing Members (besides the Exhibition Price and the settlement system fee), if any.
Each Exhibiting Member may determine the Exhibition Prices of goods which the Exhibiting Member exhibits at its discretion, but within certain upper and lower limits set by the Company from time to time. If the Purchasing Member is required to bear consumption taxes, value added taxes, etc. on the price of specific goods based on applicable laws and regulations (including laws and regulations of a country other than Japan, if such laws and regulations are applicable) which are payable by the Exhibiting Member on behalf of the Purchasing Member, the Exhibition Price of the goods set by the Exhibiting Member shall be inclusive of such taxes, etc.
The Company may provide functions allowing Exhibiting Members to, through the Services, exhibit goods on platforms or e-commerce sites other than the Services. Details of such functions shall be separately determined by the Company.
Other products which the Company may designate as goods which Exhibiting Members may not exhibit in the Services.
Each Exhibiting Member may exhibit so-called "new old stock" (products which were purchased for use but which remain unused) in the Services, on the condition of not violating any applicable laws or regulations (including laws or regulations of a country other than Japan, if such laws or regulations are applicable), not violating provisions of any relevant agreements, and not infringing on any rights of third parties; provided, however, that if, for sale of such articles, any regulatory license, permission, sanction, approval, registration or notification is required under applicable laws or regulations (including laws and regulations of a country other than Japan, if such laws and regulations are applicable), the Exhibiting Member shall duly and appropriately obtain or perform such license, etc. at its expense and responsibility.
If an Exhibiting Member exhibits any goods in violation of this Article, the Exhibiting Member shall be fully liable to Users or third parties who have suffered damage as a result of such act, including the liability for damages, and, regardless of the Exhibiting Member's intentional act/omission or negligence thereto or otherwise, indemnify and keep harmless the Company from such liability. The Company shall not be liable (whether based on contract, tort or any other legal theory) for any damage, loss, expenses, etc. incurred as a result of such a prohibited act (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees), regardless of the foreseeability thereof.
Article 12. Cancellation of Exhibition of Prohibited Goods, etc.
The Company may request an Exhibiting Member to provide such information and other materials as the Company deems necessary to confirm that the Exhibiting Member is not in violation of Paragraphs 1 or 2 of the preceding Article. In such a case, the Exhibiting Member must immediately provide the requested information and other materials to the Company.
In the case where the Company determines that an Exhibiting Member is in violation of Paragraphs 1 or 2 of the preceding Article, or where any goods exhibited are ones where transaction settlement is prohibited by the terms for use or other rules of the credit card companies or other settlement service companies usable under the Services, or where the Company otherwise deems the exhibition of any goods inappropriate for any other reason, the Company may, without prior notice and regardless of any Exhibiting Member's intentional act/omission or negligence thereto or otherwise, cancel or suspend the exhibition of such goods or take any other appropriate measures. Even if a User or third party suffers any damage, loss, expenses, etc. (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees) as a result of such measures, the Company shall not be liable for such damage, loss, expenses, etc. (whether based on contract, tort or any other legal theory), regardless of the foreseeability thereof.
Act of, after conclusion of any transactions in the Services, shipping the subject goods to the Purchasing Member without confirming at the Exhibiting Member' responsibility that there is no defect in the goods (including but not limited to the act of causing the subject goods to be shipped to the Purchasing Member directly from a store where the goods were sourced and purchased by the Exhibiting Member).
If an Exhibiting Member conducts any act prohibited in the preceding Paragraph, the Exhibiting Member shall be fully liable to Users or third parties who have suffered damage as a result of such act and, regardless of such Exhibiting Member's intentional act/omission or negligence thereto or otherwise, indemnify and keep harmless the Company from such liability. The Company shall not be liable (whether based on contract, tort or any other legal theory) for any damage, loss, expenses, etc. incurred as a result of such prohibited act (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees), regardless of the foreseeability thereof.
If the Company incurs any damage, loss, expenses, etc. (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees) due to an Exhibiting Member's act in violation of Paragraph 1 of this Article (including the case where a third party institutes a lawsuit against the Company in relation to such an act), the Exhibiting Member shall compensate the Company therefor.
If any act that the Company determines falls under any of the prohibited acts listed in Paragraph 1 of this Article is conducted, or if the Company determines it necessary for any other reason, the Company may, without prior notice and regardless of any Exhibiting User's intentional act/omission or negligence thereto or otherwise, take measures to prevent the occurrence of or to mitigate damage due to the prohibited act or take any other measures that the Company deems appropriate. Even if the Exhibiting Member, another User or a third party suffers any damage, loss, expenses, etc. (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees) as a result of such measures taken by the Company, the Company shall not be liable for such damage, loss, expenses, etc. (whether based on contract, tort or any other legal theory), regardless of the foreseeability thereof.
A purchase and sale agreement of any goods shall be regarded as established between the Exhibiting Member exhibiting the goods and the Purchasing Member thereof, as of the time when the Purchasing Member completes the relevant procedures for purchase of the goods.
An Exhibiting Member of goods shall deliver the goods purchased by a Purchasing Member to the Purchasing Member on a strictly as-is basis. No warranties on merchantability, quality, recency, usefulness, safety and suitability for any particular purpose shall be provided from the Exhibiting Member to the Purchasing Member.
Legal regulation on parallel imports differ from country to country. Each Purchasing Member must, at its expense and responsibility, confirm that any parallel import of goods by itself is not in violation of any applicable laws or regulations (including laws or regulations of a country other than Japan, if such laws or regulations are applicable) and not infringing on a third party's copyright or other right (including rights other than intellectual property rights).
Each Purchasing Member must, at its expense and responsibility, confirm that the purchase, shipping and other aspects of fulfillment of the purchase and sale agreement of goods are not in violation of any applicable laws or regulations (including laws or regulations of a country other than Japan, if such laws or regulations are applicable), nor are restricted by any applicable laws or regulations threatening to prevent the fulfillment of such purchase and sale agreement (including laws or regulations of a country other than Japan, if such laws or regulations are applicable).
Each Purchasing Member must, at its expense and responsibility, confirm whether or not there are any duties, taxes, customs clearing charges and other expenses payable by the Purchasing Member, other than the Exhibition Price and the settlement system fee.
Each Purchasing Member must designate the destination for shipping of the goods within the countries and regions separately designated by the Company, and shall be prohibited from designating any other country or region as the shipping destination.
If a purchase and sale agreement of goods is concluded as stipulated in the preceding Article, the Exhibiting Member shall be obligated to source and purchase the subject goods and deliver the goods to the Purchasing Member in the prescribed manner, except for the case where the agreement is cancelled on the basis of Article 17, Paragraph 2 hereof. If, with respect to such transactions, any duties, taxes, customs clearing charges, etc. are incurred by the Purchasing Member under applicable laws and regulations (including laws and regulations of a country other than Japan, if such laws and regulations are applicable), the Purchasing Member must pay such taxes, etc., in addition to the price of the subject goods and the settlement system fee provided for below, unless otherwise agreed between the Exhibiting Member and the Purchasing Member.
If a purchase and sale agreement of goods is concluded as stipulated in the preceding Article, the Purchasing Member shall be obligated to pay the sale price of the goods and the relevant settlement system fee respectively described below, through the settlement service of a credit card company, etc. or in any other manner approved by the Company. The time of settlement thereof through a credit card company, etc. shall be the time when the Purchasing Member completes the relevant procedure for purchase of the goods, and not the time when the goods arrives at the Purchasing Member.
The Exhibition Price of goods as of the time when the Purchasing Member purchased the goods thereof shall constitute the sale price of the goods between both parties. If the Purchasing Member is required to bear the consumption tax, value added tax, etc. on the sale price of the subject goods based on applicable laws and regulations (including laws and regulations of a country other than Japan, if such laws and regulations are applicable), such taxes shall be regarded as included in the sale price.
Under the Services, the Company has due authority to receive the sale price of goods from the Purchasing Member on behalf of the Exhibiting Member, so the Purchasing Member's obligation to pay the price to the Exhibiting Member is regarded as duly performed as of the time when the Purchasing Member pays the price to the Company.
The amount of the settlement system fee shall be calculated by multiplying the Exhibition Price concerned by a relevant rate separately set by the Company. If the Purchasing Member is required to bear the consumption tax, value added tax, etc. on the settlement system fee and the Company is obligated to pay them on behalf of the Purchasing Member under applicable laws and regulations (including laws and regulations of a country other than Japan, if such laws and regulations are applicable), such taxes shall be regarded as included in the amount of the settlement system fee calculated above.
For the avoidance of doubt, this Exhibition Price as used in the above calculation of the settlement system fee shall remain unchanged regardless of the Purchasing Member using any discount coupons or cash-equivalent service points in payment of the sale price of goods in the Services, or any refund from the Exhibiting Member of all or part of the sale price to the Purchasing Member outside the scope of the Services.
The service fee payable to a credit card company, etc. as incurred in settlement of a sale price of goods shall be borne by the Company.
If there occurs any dispute with a credit card company, other settlement service company or any other third party, in relation to the payment of the sale price of goods and the settlement system fee, the Purchasing Member shall, at its expense and responsibility, resolve such dispute and shall not cause any inconvenience or damage to the Company or other Users. Even if other Users or third parties suffer damage, loss, expenses, etc. (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees) as the result of such a dispute, the Company shall not be liable for such damage, loss, expenses, etc. (whether based on contract, tort or any other legal theory), regardless of the foreseeability thereof.
If the Company incurs any damage, loss, expenses, etc. (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees) as the result of a dispute referred to in the preceding Paragraph, the relevant Purchasing Member shall be liable to compensate the Company for such damage, etc.
If a purchase and sale agreement of goods is concluded as stipulated in Article 14 hereof, the Exhibiting Member shall be obligated to pay the agreement conclusion fee therefor to the Company.
The amount of each agreement conclusion fee shall be calculated by multiplying the Exhibition Price concerned by a relevant rate separately set by the Company. If the Exhibiting Member is required to bear the consumption tax, value added tax, etc. on the agreement conclusion settlement fee and the Company is obligated to pay them on behalf of the Exhibiting Member under applicable laws and regulations (including laws and regulations of a country other than Japan, if such laws and regulations are applicable), the amount of such taxes shall be regarded as included in the amount of the agreement settlement fee calculated in the above-mentioned method.
For the avoidance of doubt, this Exhibition Price as used in the above calculation of the agreement conclusion fee shall remain unchanged regardless of the Purchasing Member using any discount coupons or cash-equivalent service points in payment of the sale price of goods in the Services, or any refund from the Exhibiting Member of all or part of the sale price to the Purchasing Member outside the scope of the Services.
The Company shall pay each Exhibiting Member the amount of sale prices of the Exhibiting Member's goods as received from Purchasing Members (which shall not include the sale prices once received but, thereafter, refunded to Purchasing Members for any reason), less the aggregate total of the following items, with the cut-off date and the payment date to be separately determined by the Company. If conversion into foreign currencies in terms of such payment or deduction is required, the conversion rates separately set by the Company shall be applied.
Other amounts which should be deducted for realization of settlement between the Company and the Exhibiting Member.
The Company has otherwise incurred, or is likely to incur, any damage, loss, expenses, etc. (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees) on account of the Exhibiting Member's conduct.
Notwithstanding the preceding three Paragraphs, if the Company's obligations for payment of sale prices received from Purchasing Members to an Exhibiting Member fully or partially ceases due to expiration of statutory limitation periods or for any other reason, the Company may refuse to pay all or part of such sale prices.
If the Company has any monetary claims towards an Exhibiting Member, it may set off the claims against its debts for payment to the Exhibiting Member based on this Article, regardless of whether such claims and/or debts for payment are due and payable or otherwise.
Article 17. Return of Goods, Cancellation, etc.
After a purchase and sale agreement of goods is concluded between an Exhibiting Member and a Purchasing Member as stipulated in Article 14 hereof, the Purchasing Member cannot unilaterally cancel the agreement, return the goods, cause the goods to be replaced with other goods, or request other similar measures. Neither the Exhibiting Member nor the Company shall be obligated to refund the Purchasing Member the sale price or the settlement system fee paid by the Purchasing Member, even in the case where the Purchasing Member desires the cancellation of the agreement, return of the goods, replacement thereof with other goods, or other similar measures.
Even if a purchase and sale agreement of goods is concluded between an Exhibiting Member and a Purchasing Member as stipulated in Article 14 hereof, the Exhibiting Member may, before shipping out the goods to the Purchasing Member, unilaterally cancel the agreement without obtaining the Purchasing Member's consent thereto.
The Company otherwise determines that the implementation of the transactions based on the agreement is inappropriate.
Even if a purchase and sale agreement of goods is concluded between an Exhibiting Member and a Purchasing Member as stipulated in Article 14 hereof, the Exhibiting Member and the Purchasing Member may rescind the agreement based on both parties' agreement to that effect.
The Purchasing Member shall be exempted from the obligation for payment of the sale price and the settlement system fee or, if they have already been paid, they shall be refunded to the Purchasing Member at such a time and in such a manner as the Company separately prescribes, although no interest shall accrue with respect to the sale price and the settlement system fee so refunded. The Exhibiting Member shall not be obligated to pay the agreement conclusion fee to the Company but, if having already received the sale price from the Company, shall be obligated to refund it in full to the Company.
The Purchasing Member having received the goods shall return it to the Exhibiting Member on its responsibility, but the return shipping charge shall be borne by the Exhibiting Member; provided, however, that the Company may, at its discretion, receive the goods from the Purchasing Member and return it to the Exhibiting Member, in which case the Exhibiting Member and the Purchasing Member shall cooperate with the Company for the return (unless otherwise agreed between the Company and the Exhibiting Member, the return shipping charge shall be borne by the Exhibiting Member).
The Purchasing Member having received the goods shall return it to the Exhibiting Member at both its expense and responsibility; provided, however, that the Company may, at its discretion, receive the goods from the Purchasing Member and return it to the Exhibiting Member, in which the Exhibiting Member and the Purchasing Member shall cooperate with the Company for the return (unless otherwise agreed between the Company and the Purchasing Member, the return shipping charge shall be borne by the Purchasing Member).
The Purchasing Member having received the goods shall return it to the Exhibiting Member on its responsibility, but the return shipping charge shall be borne by the Exhibiting Member; provided, however, that the Company may, at its discretion, receive the goods from the Purchasing Member and return it to the Exhibiting Member, in which the Exhibiting Member and the Purchasing Member shall cooperate with the Company for the return (unless otherwise agreed between the Company and the Exhibiting Member, the return shipping charge shall be borne by the Exhibiting Member).
The Purchasing Member shall not be exempted from the obligation to pay the sale price and the settlement system fee and, if they have already been paid by the Purchasing Member, they shall not be refunded by the Company. Accordingly, if the Exhibiting Member intends to refund all or part of the sale price to the Purchasing Member, the Exhibiting Member shall refund directly to the Purchasing Member outside the scope of the Services. In addition, the Company shall perform settlement of the sale price paid by the Purchasing Member in accordance with Article 16 hereof, and the Exhibiting Member shall not be exempted from the obligation to pay the agreement conclusion fee to the Company.
The Purchasing Member having received the goods from the Exhibiting Member shall, at both its expense and responsibility, return the goods to the Exhibiting Member; provided, however, that the Company may, at its discretion, receive the goods from the Purchasing Member and return it to the Exhibiting Member, in which the Exhibiting Member and the Purchasing Member shall cooperate with the Company for the return (unless otherwise agreed between the Company and the Purchasing Member, the return shipping charge shall be borne by the Purchasing Member).
The Purchasing Member shall be exempted from the obligation to pay the sale price and the settlement system fee and, if they have already been paid by the Purchasing Member, they shall be refunded by the Company to the Purchasing Member at such a time and in such a manner as the Company separately prescribes, although no interest shall accrue with respect to the sale price and the settlement system fee so refunded. The Exhibiting Member shall not be obligated to pay the agreement conclusion fee to the Company but, if having already received the sale price from the Company, shall be obligated to refund it in full to the Company.
The Purchasing Member having received the goods from the Exhibiting Member shall on its responsibility return the goods to the Exhibiting Member, but the return shipping charges shall be borne by the Exhibiting Member; provided, however, that the Company may, at its discretion, receive the goods from the Purchasing Member and return it to the Exhibiting Member, in which the Exhibiting Member and the Purchasing Member shall cooperate with the Company for the return (unless otherwise agreed between the Company and the Exhibiting Member, the return shipping charge shall be borne by the Exhibiting Member).
Credit card companies may charge a foreign charge, exchange fee or other fees when processing payment refunds to member accounts. Unless otherwise expressly stated, the Company shall not reimburse, compensate or otherwise be held liable for any shortfalls and/or differences in refund to a Purchasing Member caused by such foreign charge, exchange fee or other fees.
Notwithstanding the preceding paragraph, in the event where a Purchasing Member notifies the Company on such shortfall and/or difference in paid amounts and refunded amounts, via the method designated by the Company and evidenced with the corresponding credit card statements, and the Company determines it appropriate to reimburse for such shortfall and/or difference, the Company may reimburse such Purchasing Member to the amount of either (a) the actual shortfall and/or difference, or (b) 10% of the actually paid amount (rounded down to the nearest whole figure), whichever is lower. The Company shall have sole discretion in determining whether a particular request is appropriate and may require any further information from the Purchasing Member in order to make a decision. Further, the Company shall have no obligation whatsoever to explain any decision on whether it determined a request to be appropriate or otherwise.
The content of the Services shall be determined by the Company at its discretion. The Company shall provide the Services of such content and to such a degree as are reasonably possible from time to time.
The Company provides the Services on as-is basis, and makes no warranty whatsoever concerning the content, accuracy, reliability, legality, recency, usefulness, safety, suitability for any particular purpose, and so on. Each User shall use the Services at its sole responsibility and, even if a User or a third party suffers any damage, loss, expenses, etc. (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees) as a result of use of the Services, the Company shall not be liable for such damage, loss, expenses, etc. (whether based on contract, tort or any other legal theory), regardless of the foreseeability thereof.
The Company does not provide any appraisal service on goods purchased by Purchasing Members via the Services.
The Company does not provide any type of compensation for goods purchased by Purchasing Members via the Services, including but not limited to return compensation, initial failure compensation and loss compensation.
The Company may from time to time issue service points usable in place of cash in the Services, and/or coupons by which the discount of sale prices of goods purchased in the Services can be obtained. The details of such services shall be separately prescribed by the Company.
If a User contributes via the Services any opinion, impression, report, estimation, comment, image, etc. concerning other Users, goods, etc., such User shall be regarded as having granted to the Company the rights to reproduce, adapt, alter, prepare a secondary work of, publish, distribute, publicly transmit and otherwise use any and all rights thereof under applicable copyright laws. Such rights granted shall be non-exclusive, free, perpetual, irrevocable and assignable to third parties. Each User having made such contribution shall refrain from exercise of any moral rights on any subject of the contribution.
Contribution that is likely to assist, solicit, force or encourage any of the foregoing.
The Company shall have the right to delete information contributed by a User from the Services without prior notice, regardless of whether it falls under any of the items listed in the preceding Paragraph or otherwise, but is not obligated to constantly monitor contribution and delete inappropriate contribution.
The Company makes no warranty whatsoever on the accuracy, reliability, legality, recency, usefulness, safety, suitability for any particular purpose, etc. of information contributed by Users. Each User shall be solely responsible for contribution by such User, and, even if any other User or a third party suffers damage, loss, expenses, etc. (including but not limited to direct, indirect, incidental, special, punitive or consequential damage, lost profits, and attorneys' fees), the Company shall not be liable for such damage, loss, expenses, etc. (whether based on contract, tort or any other legal theory), regardless of the foreseeability thereof.
Sales of goods made between an Exhibiting Member and a Purchasing Member in the Services shall take place as direct transactions between such Users. THE COMPANY SHALL UNDER NO CIRCUMSTANCES BE A PARTY TO SUCH TRANSACTIONS. Title to the respective goods sold via the Services shall transfer directly from an Exhibiting Member to a Purchasing Member, without any title passing through the Company.
Each User and the Company shall act as independent parties, and any provisions of these Terms shall not form, nor intends to form, any relationship of partnership, joint venture, franchiser and franchisee, principal and proxy or employment between Users or a User and the Company. Any legal effect of an act of a User shall not vest in the Company.
THE COMPANY MAKES NO WARRANTY WHATSOEVER ON THE LEGALITY, USEFULNESS, SAFETY, MERCHANTABILITY, SUITABILITY FOR ANY PARTICULAR PURPOSE, VIABILITY OF TRANSACTIONS, SOLVENCY OF A PURCHASING MEMBER, ETC.For example, the Company does not guarantee that (i) the parallel import of goods sold via the Services will not violate any applicable laws or regulations (including laws or regulations of a country other than Japan, if such laws or regulations are applicable), nor infringe on another party's copyright or other right (including rights other than intellectual property rights), (ii) the exhibition, sale, delivery or any other aspects of the fulfillment of a purchase and sale agreement of goods in the Services do not violate any applicable laws or regulations (including laws or regulations of a country other than Japan, if such laws or regulations are applicable), nor are restricted by any applicable laws or regulations threatening to prevent the fulfillment of the purchase and sale agreement (including laws or regulations of a country other than Japan, if such laws or regulations are applicable), or (iii) a Purchasing Member will not be subject to any duty, tax, customs clearing charge, etc. other than the Exhibition Price and the settlement system fee.
THE COMPANY MAKES NO WARRANTY WHATSOEVER ON THE ACCURACY, RELIABILITY, LEGALITY, RECENCY, USEFULNESS, SAFETY, SUITABILITY FOR ANY PARTICULAR PURPOSE, ETC. OF ANY REMARK OR DESCRIPTION MADE BETWEEN USERS IN THE PROCESS OF TRANSACTIONS OCCURRING THERETO.
The Services shall be provided on an as-is basis. The Company makes no warranty whatsoever on the accuracy, reliability, legality, recency, usefulness, safety, suitability for any particular purpose, etc. of the Services.
THE COMPANY SHALL NOT ASSUME ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY) FOR DAMAGE, LOSS, EXPENSES, ETC. (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGE, LOST PROFITS, AND ATTORNEYS' FEES) WHICH A USER MAY SUFFER IN RELATION TO DIRECT TRANSACTIONS BETWEEN USERS OR OTHER ASPECT OF USE OF THE SERVICES, REGARDLESS OF THE FORESEEABILITY THEREOF. THE COMPANY SHALL ASSUME NO LIABILITY CONCERNING ANY DISPUTE BETWEEN USERS IN RELATION TO DIRECT TRANSACTIONS BETWEEN THEM OR OTHER ASPECTS OF USE OF THE SERVICES OR ANY DISPUTE BETWEEN A USER AND A THIRD PARTY (INCLUDING THE CASE WHERE A USER IS LIABLE TO COMPENSATE ANOTHER USER FOR DAMAGE, ETC.).
If a purchase and sale agreement of goods is concluded as stipulated in Article 14 hereof, the Purchasing Member shall not be entitled to cancel the agreement, return the goods, cause the goods to be replaced with other goods, or request other similar measures, and if a User suffers any damage, loss, expenses, etc. (including but not limited to direct, indirect, incidental, special, punitive or consequential damage, lost profit, and attorneys' fees) due to such restriction, the Company shall assume no liability (whether based on contract, tort or any other legal theory) for such damage, loss, expenses, etc., regardless of the foreseeability thereof. The Company shall not assume any liability concerning disputes which may occur between Users or a User and a third party in relation to the above-mentioned treatment (including the case where a User is liable to compensate another User for damage, etc.).
If a User has any request, inquiry, complaint or the like to the opposite party in relation to any issue with another User or a third party, with respect to any direct transactions between Users or other aspects of use of the Services, such User should directly contact the relevant opposite party, not through the Company. While the Company may render certain advice or information to a User in connection with transactions between Users, the Company makes no warranty whatsoever on the accuracy, usefulness, etc. of such advice or information, and assume no liability concerning the result of provision of such advice or information, regardless of the foreseeability thereof.
THE COMPANY WILL NOT CONFIRM, GUARANTEE OR BE RESPONSIBLE FOR THE MERCHANTABILITY, QUALITY, LEGALITY, RECENCY, USEFULNESS, SUITABILITY FOR ANY PARTICULAR PURPOSE, ETC. OF ANY GOODS EXHIBITED BY ANY EXHIBITING MEMBER.
THE COMPANY SHALL NOT ASSUME ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY) FOR DAMAGE, LOSS, EXPENSES, ETC. (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGE, LOST PROFITS, AND ATTORNEYS' FEES) WHICH MAY BE INCURRED IN RELATION TO GOODS EXHIBITED VIA THE SERVICES, REGARDLESS OF THE FORESEEABILITY THEREOF.
If there occurs any dispute concerning the merchantability, quality, legality, recency, usefulness, suitability for any particular purpose, etc. of goods between an Exhibiting Member and another User or a third party, the Exhibiting Member shall be obligated to resolve the dispute at its expense and responsibility, and shall not cause any inconvenience or damage to the Company in relation to such dispute.
If a Purchasing Member has any request, inquiry, complaint or the like to an Exhibiting Member, with respect to goods such Purchasing Member purchased from such Exhibiting Member, such Purchasing Member should directly contact such Exhibiting Member, not through the Company. While the Company may render certain advice or information to a User in connection with goods sold by an Exhibiting Member, the Company makes no warranty whatsoever on the accuracy, usefulness, etc. of such advice or information, and assume no liability concerning the result of provision of such advice or information, regardless of the foreseeability thereof.
The Company makes no guarantee and shall not be liable for damage, loss, etc. of data, etc. that are registered in the Services by Users. Each User must be sure to make backups of its own data if necessary.
The Company shall be entitled to make backups, duplications, and perform any other necessary procedures of data, etc. of each User registered in the Services without the User's individual consent, in order to ensure the uninterrupted provision of the Services, which each User hereby approves. For the avoidance of doubt, the provisions of this Paragraph do not place any obligation on the Company to make backups, duplications, etc. of any User's data, etc.
Article 26. Disclaimer concerning Communications, etc.
The Company makes no guarantee that there will be no error, bug, computer virus or other malicious software in the Services. The Company shall not be liable (whether based on contract, tort or any other legal theory) for any damage, loss, expenses, etc. due to existence of such hazardous content in the Services (including but not limited to direct, indirect, incidental, special, punitive, or consequential damage, lost profits, and attorneys' fees), regardless of the foreseeability thereof.
In order to use the Services, each User is required to use third party products such as Terminal Devices and third party services such as Internet connection services. The Company makes no guarantee on the quality, performance, specifications, conditions of use, etc. of such third party products or services, and shall not be liable for any problem of such products or services, regardless of the foreseeability thereof. There is the possibility that the Services becomes unavailable due to any change in the quality, performance, specifications, conditions of use, etc. of third party products or services, but the Company makes no guarantee concerning that and shall not be liable for such unavailability of the Services, regardless of the foreseeability thereof.
There is the possibility that the quality of the Services may be affected by the connection situation or communication speed of a communication line, performance of Terminal Devices used by a User, and other various factors. The Company makes no guarantee of quality of the Services during the period when each User uses the Services and shall not be liable for the situation where the Services is not accessible or the like, regardless of the possibility of such situation.
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I am building several EPCs of many products with similar structure. The thing that mostly changes among them is the name of the product, meanwhile the functions actions remain very similar to each other.
For example, I have a functions sequence of "download product A", then "open product A", then "change product A characteristcs".
In another EPC, I would have the same sequence, except the name of the product: "download product B", then "open product B", then "change product B characteristics".
Is there any way of creating a variable connected to a free text-box, or any attribute, and inserting this variable within the function's name?
In the cases quoted above, the functions sequence would be the same for both products: "download 'variable'", then "open 'variable'", then "change 'variable' characteristics". Moreover, within the EPCs I would have a different text inside a free text-box or attribute for each EPC, either "product A" or "product B", connected to the variable inside the function's names.
I am a new user in ARIS, so if you don't know also how to make this and have any tutorial that would help me developing that I would appreciate a lot!!!
OR, another solution that would work is making a macro that substitutes all the text inside an EPC for another text. So I would create lots of EPCs with a generic name and then ru the macro for each one.
1. Crear el EPC con las funciones.
2. Llenar los Atributos de los Objetos del Modelo (en caso de que se trate de la misma información para los productos A, B, etc).
3. Hacer una copia del EPC, con los Objetos (Funciones) como Copia de Definición (ya que NO se tratan de la misma Función y en caso de cambiar el nombre afectarían a todos los Modelos donde existan -lo que ocurriría si se hicieran como Copia de Ocurrencia-).
4. Renombrar únicamente (intercambiar) la A por la B en los Modelos.
Thank you for the response Jorge.
That is actually how I am doing right now. However I was thinking on this macro or variable to accelerate the process of creating the objects, because after creating a copy of the model, changing name by name of the objects is taking too much time! I would like to just press "ctrl + F" and substitute the words within the objects, but this functionality doesn't exist.
apparently you have a class of products being handled by the same process. Why not use just one process "A" with the steps "Download product", "Open product", "Change product characteristic" for the whole class of products? In the Value-added chain for process A you define the "characterized product" as the output and in a product tree you define all the possible "characterized product A", "characterized product B" etc. as belonging to that class.
Imagine your process ever changed and you would be going about changing dozens (hundreds?) of process models... This way you change just one.


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If you adhere to these easy pointers, you'll not only discover the perfect gym for you but you'll want to go back till you're in the best form of your lifestyle.


i am not a huge salad person.
yeah, i know i'm a girl and so i should order salads all the time and think they're awesome and be like "oh, all i want is a salad". but honestly, i'd rather have a steak. and bring me some A1 sauce.
but there are a few exceptions to my not-fully-on-the-salad-team self: homemade salad dressings and a really good caesar salad. i love a rich, true caesar salad – anchovies and all. that crispy romaine lettuce, the crunchy croutons, and i adore the thinly sliced chicken that you find on the caesar from some cafes. although not everyone likes the anchovies – namely my husband – and often i gravitate more towards a caesar dressing without them.
one cold night, not very long after i'd had my second baby, a friend brought over a gorgeous casserole with a homemade caesar salad. this was that dressing – i had never had a caesar dressing that i got cross-eyed over while eating it, it was that good. seriously, after i first made this myself, i could be found randomly going over to the fridge, opening the door, unscrewing the jar it was in just to smell it. inhaling its perfect lemon and garlic scent = bliss.
1. in a small food processor, puree the half & half, dijon mustard, and garlic cloves. then add the lemon juice, mayonnaise, parmesan cheese, and worcestershire sauce – puree about 20-30 seconds. add salt & pepper to taste (i don't add much at all). thin the dressing with the extra half & half, to the consistency desired.
2. store in the fridge for at least 3 hours, preferably, before serving (the flavors will meld and become stronger). toss with romaine lettuce and croutons. top with freshly grated parmesan cheese.
this is such a refreshing summer salad and one that i crave often.
maybe it's the crisp pears. maybe it's the creamy blue cheese.
methinks it's probably the sweet & tart champagne vinaigrette that marries so perfectly with everything.
if possible, don't substitute anything else for the champagne vinegar – it is so worth it.
1. to make the vinaigrette: in a food processor, blend the shallot and garlic until finely minced. add the mustard, sugar, salt, pepper, and vinegar. process to combine the ingredients thoroughly. with the machine running, gradually add the oil in a thin, steady stream to form an emulsion. taste and adjust seasoning to taste.
2. to assemble the salad: in a large bowl, combine the romaine, baby greens, pears, bell pepper, and blue cheese. add the vinaigrette (as much as you like/to taste) and toss gently to coat. add more dressing if needed.
tip: a chilled salad bowl or plate makes a big difference, keeping the salad cool & crisp. simply pop a few into the freezer or refrigerator before beginning to cook.
this weekend, i made this dressing because i was in serious need of change from the regular dressing stock in our fridge. and, i need to confess, it was because we had no fresh garlic and no fresh herbs – things you uuusually need to make a fresh vinaigrette. so i grabbed my trusty dressing shaker that has recipes on the outside and chose this one (adapting it a little), since the ingredients were all things i had on hand.
yeah, i know, so boring.
BUT it was so good! it has an awesome balance of tartness from the rice wine vinegar and sweetness from the brown sugar. and then the pepper hits your tongue… seriously. so good.
*to make whole30 friendly, sub coconut aminos for the soy sauce, and sub pure date syrup for the brown sugar.
1. place all ingredients in a mason jar and shake to blend. pour over a salad of arugula, spinach, carrots, and broccoli (and tomatoes…if you're into that kind of thing) or toss with cut up veggies.


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Congress Needs to Evaluate Reasons for Not Repeating Govt in Rajasthan: Sachin Pilot
Currently, Rajasthan is ruled by the Congress and the next Assembly polls in the state are schedule for next year. (Image: PTI)
In Rajasthan, the Congress and the BJP have been alternately coming to power with not party repeating its government
PTI Jaipur
Last Updated:June 01, 2022, 20:27 IST
Former Rajasthan deputy chief minister and Congress leader Sachin Pilot on Wednesday said his party needs to evaluate the reasons why it has not been able to repeat its government in the state. In Rajasthan, the Congress and the BJP have been alternately coming to power with not party repeating its government. Currently, Rajasthan is ruled by the Congress and the next Assembly polls in the state are schedule for next year.
"We have to accept the fact that once we were left with only 50 MLAs and another time with 21 MLAs," he said pointing to the party's failure to retain power. "Our governments have repeated in Delhi, Assam and Andhra Pradesh," Pilot told reporters on the sidelines of a two-day party workshop.
What are the reasons that the party has not been able to repeat its government in the state, he said, adding that it should be discussed. "In the workshop, we will discuss how to fight the elections with solidarity and how the Congress party government can be repeated," he said.
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