text:
cap hpi Terms and Conditions Jan 2019
1. Definitions, Interpretations, and General
1.1. In these terms and conditions ("Terms and Conditions"), the following words and expressions shall have the following meanings:
CAP HPI / We / Us: means or refers to cap hpi Limited, a company registered in England and Wales with registered number 08033745 and whose registered office is Capitol House, Bond Court, Leeds LS1 5EZ; and "Our" shall be construed accordingly;
CAP HPI Confidential Information: the meaning given to it in Condition 6.3;
CAP HPI Data: any vehicle data or vehicle related information, including valuations, descriptions, images and codes, mileage or odometer information contained in the Certificate of Authenticity, or any data, image or other information We supply to You in the course of providing the CAP HPI Products or CAP HPI Services or otherwise under the Contract;
CAP HPI Product(s): the CAP HPI Data, the CAP HPI Services;
CAP HPI Services: means the mileage and/or odometer information verification services supplied by CAP HPI to You relating to the Vehicle and for which a Certificate of Authenticity is issued;
Certificate of Authenticity: means the certificate of authenticity provided to You to verify the odometer of the Vehicle based on the mileage information and odometer readings You have provided;
Commencement Date: the date for which the CAP HPI Product is supplied or provided to You;
Consumer Credit Legislation: means the Consumer Credit Act 1974;
Contract: the contract between CAP HPI and You for the provision of CAP HPI Products comprising these Terms and Conditions and any other documents or schedules listed herein or attached hereto and the terms and conditions listed or displayed in the Certificate of Authenticity;
Data Caching means the temporary or permanent storage of CAP HPI Data in whatever form or media;
Data Protection Law means the Directives (as amended or replaced from time to time) and the Regulation, any guidance, directions, determinations, codes of practice, orders, notices or demands issued by any Supervisory Authority or any applicable national, international, regional or municipal authority or other data privacy and data protection laws or regulations in any other territory in which the CAP HPI Products are provided or received or which are otherwise applicable;
Directives means the European Privacy and Electronic Communications Directive (Directive 2002/58/EC);
DVLA means the Driver and Vehicle Licensing Agency;
Fee(s): the fee payable by You for the CAP HPI Products or any other fees or charges payable by You under this Contract, as applicable;
HPI Check: means an enquiry made by You and forming part of the CAP HPI Services;
IP Claim: any claim or allegation that use of the CAP HPI Products in accordance with the terms of the Contract infringes any third party IP Rights;
IP Rights: all patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know how and trade secrets) and any other rights in the nature of intellectual property rights, in each case whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world;
Maximum Contract Liability Limit: means the amount equivalent to the Fees paid by You to CAP HPI under the Contract during the 12 months preceding the date on which the claim or series of claims arose;
Purpose: means purposes and the restrictions set out in the Certificate of Authenticity, or where no express purposes or restrictions are noted, for the sole purpose of fulfilling the vehicle import requirements set out by Transport Malta in relations to the Vehicle.
Regulation means, on and from 25 May 2018, Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data as and when it becomes applicable.
Schedule(s): the schedule(s) attached to this Contract which forms part of this Contract.
Vehicle: means any motor vehicle that You and CAP HPI have agreed will participate in the CAP HPI Services;
Year: means the period of 12 months from the Commencement Date and each consecutive period of 12 months thereafter during the duration of the Contract; and
You/Your: means or refers to you, the customer or business receiving CAP HPI Products, and "Your" shall be construed accordingly.
1.2. In these Terms and Conditions unless the context otherwise requires:
1.2.1 the headings are used for ease of reference only and do not affect the construction of any of the provisions;
1.2.2 the words "includes", "include", and "including" shall mean including but not limited to;
1.2.3 references to any person include references to any human being, company, body corporate, association, joint venture, partnership, trust and any entity capable of suing and being sued;
1.2.4 references to any statute, enactment, order, regulation or other similar instrument shall be construed as references to the statute, enactment, order, regulation or instrument as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
1.2.5 the Contract and all CAP HPI Products provided after the Commencement Date shall be subject to these Terms and Conditions which apply to the exclusion of all other terms, or conditions which You purport to apply with any written order, confirmation of order, specification or other document;
1.2.6 You must notify CAP HPI as soon as possible in the event of any change in Your particulars shown in the Contract. Any such alterations shall be deemed to take effect on the date shown in any confirmation notice CAP HPI issues to You. Any changes or additions to the Contract or to these Terms and Conditions You wish to make must be agreed in writing by CAP HPI.
2. Contract Formation
2.1 The Contract between CAP HPI and You shall come into force when CAP HPI begins to supply to You any CAP HPI Product. Receipt and use of CAP HPI Products shall be deemed conclusive evidence of Your acceptance of these Terms and Conditions and the Contract.
2.2 These Terms and Conditions and the terms and conditions listed or displayed in the Certificate of Authenticity shall govern the Contract to the exclusion of all other terms and conditions including any terms or conditions which You purport to apply under any purchase order or other document, or which are included within Your process to obtain a purchase order.
2.3 Each of the parties is an independent contractor and nothing in the Contract shall be construed to imply that there is any relationship between the parties of employer/employee, partnership or of principal/agent. The parties are not engaging in any joint venture and neither of the parties shall have any right or authority to act on behalf of the other nor to bind the other by contract or otherwise.
3. Licence of CAP HPI Products
3.1 CAP HPI grants to You for the Purpose only a non-exclusive, personal, non-transferable right and licence to use the CAP HPI Products in the form in which they were provided to You. Your use of the CAP HPI Products beyond the Purpose is strictly prohibited.
3.2 You shall have no right to grant a sub-licence of the rights granted to You in Condition 3.1 (including to any of Your affiliated or group companies). You shall not share with any third party or assist any third party to use any login credentials provided to You to access the CAP HPI Products.
4. Use of Services, System and Our Database Responsibilities
4.1 Whilst We take reasonable care to ensure that Our computer systems used in provision of the CAP HPI Products ("our systems") operate properly We will not be liable for any failure of Our systems or Your inability to obtain access to or use the CAP HPI Products caused by you. We may at any time require You to disconnect Your equipment or any part or parts of it and cease accessing and using Our systems and/or the CAP HPI Products if in Our reasonable opinion such equipment is or has been the cause or is likely to be the cause of failures, interruptions, errors or defects in Our systems and/or Our database.
5. Licence restrictions and Permitted Use
5.1. Except to the extent required to be permitted by applicable law or as expressly allowed in the Contract, You shall not, and shall not permit or assist any third party to:
(a) translate, adapt, disassemble, reverse engineer, decompile or copy the whole or any part of the CAP HPI Products, nor arrange or create derivative works based on the CAP HPI Products;
(b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the CAP HPI Products;
(c) combine, match or merge the whole or any part of the CAP HPI Products with or incorporate the CAP HPI Products into any third party code;
(d) assign, distribute, license, sell, charge, commercially exploit, or otherwise deal in or encumber the CAP HPI Products;
(e) use the CAP HPI Products on behalf of or make them available to any third party including any of Your affiliated or group companies;
(f) make available online all or part of the CAP HPI Products through the Internet, or any intranet; and/or
(g) remove or alter any copyright or other proprietary notice on any of the CAP HPI Products.
5.2. You shall indemnify and keep indemnified CAP HPI and its directors from and against any and all losses, damages, claims, costs and expenses incurred or suffered by CAP HPI as a result of any breach of Conditions 3, 5, or 6 and/or any other unauthorised use or disclosure of the CAP HPI Products by You or by any party gaining access to the CAP HPI Products as a result of Your act or omission.
5.3. Without prejudice to the provisions of Condition 5.1, all rights not expressly granted to You under the Contract are reserved to CAP HPI.
5.4.1. You acknowledge and agree that any CAP HPI Data provided to You may only be used by You for the purposes of appraising, or verifying the current status of, motor vehicles or other assets prior to selling, purchasing or processing such motor vehicles or other assets in the ordinary and lawful course of Your business (the "Purpose"). You agree that You will treat all CAP HPI Data in strict confidence and that except for the Purpose, You will not use the CAP HPI Data or any part of it nor have any right over or access to it. In particular (and without prejudice to the generality of the foregoing) You shall not resell or (save under a statutory duty or pursuant to any court order) disclose or supply any of the CAP HPI Data, including but not limited to Model Variant Code, to any third party. You undertake to apply to all CAP HPI Data no lesser security measures and degree of care than those which You apply to Your own confidential or proprietary information and which You warrant as providing adequate protection of such information from unauthorised disclosure, copying or use.
5.4.2. In certain circumstances We are authorised by Driver and Vehicle Licensing Agency ("DVLA") to allow disclosure of the Vehicle Identification Number ("VIN") as part of a trade check. Disclosure to You of a VIN is only permitted for the Purposes as defined in Condition 5.4.1 above. Should We become aware of any misuse associated with disclosure of the VIN, or are so advised by the DVLA, We reserve the right to remove this facility with immediate effect and without further notice and/or terminate this agreement in accordance with Condition 12.3 below.
5.4.3. The VIN is disclosed to assist in confirming the identity of the vehicle by validating that the vehicle registration mark searched relates to the correct vehicle or to confirm a correct VIN to be compared to the VIN displayed on the relevant vehicle. You may display the VIN on the vehicle search report / certificate, recorded within the application modules to handle vehicle inventory, recorded on the vehicle inventory, stock report, ledgers and customer database / service record and/or included in information disclosed to vehicle purchaser / owner, dealership staff, sub-contractors and auditors, but not otherwise and only providing that such use is always in accordance with the Purpose as defined in Condition 5.4.1 above.
5.4.4. We reserve the right to undertake spot check audits relating to the use and storage of the CAP HPI Data (including but not limited to VIN data released by the DVLA), and monitor usage volumes or patterns and respond to any indication of misuse or abuse with immediate termination of access. You must take reasonable steps to ensure measures are in place to stop unauthorised VIN disclosure.
5.4.5. You must not retain VIN data for longer than necessary nor use it for unauthorised purposes nor must You disclose the full VIN to third parties beyond the terms of Your agreement with us.
5.4.6. Data Caching is not permitted unless specifically authorised in advance in writing by CAP HPI in accordance with the following DVLA requirements:
5.4.6.1.1. For a limited period of 24 hours only, to allow multiple hits against a single record as part of a continuous enquiry; or
5.4.6.1.2. for a limited period where it is necessary to retain the results of a data record for auditing purposes / contractual issues. The data must be held in archive records and must only be retained as long as necessary for this purpose, You must not use the data to fulfil further enquiries or transactions not related to the original enquiry.
5.5 Use of the CAP HPI Data to create an alternative database is strictly prohibited.
5.6 You agree to destroy any CAP HPI Data held by You immediately where requested to do so by us.
5.7 You shall indemnify Us immediately upon demand against all costs (including reasonable legal costs), claims, damages, demands and expenses arising directly or indirectly out of any claim by a third party which arises in connection with the use of the Services or the CAP HPI Data by You in breach of these Terms and Conditions or the Contract or which is wholly or partly attributable to Your negligence or that of Your servants or agents.
6 Confidentiality
6.1 You shall keep secure and confidential and only use for the purposes permitted under the Contract, the CAP HPI Products.
6.2 Neither You nor We may disclose the terms of the Contract to any other person, except to Your or Our (as the case may be) personnel whose duties reasonably require such disclosure on condition that You or We (as the case may be) ensure that each such person to whom such disclosure is made: (a) is informed of the obligations of confidentiality under these Conditions; and (b) complies with those obligations as if they were bound by them. Notwithstanding the foregoing, We may disclose the terms of the Contract to a public or regulatory authority such as the police if so requested in order to aid any ongoing investigations by such public or regulatory authority, We may also disclose the terms of the Contract if required to do so under relevant laws and regulations.
6.3 You shall further keep secure and confidential any financial or other business information relating to CAP HPI and/or its clients or suppliers that may be disclosed to You ("CAP HPI Confidential Information").
6.4 You shall permit access to the CAP HPI Confidential Information only to those of Your employees who need to know the same in relation to Your permitted use of the CAP HPI Products, and shall ensure that all such persons are (a) made fully aware of the confidentiality obligations of the CAP HPI Confidential Information; and (b) complies with those obligations as if they were bound by them.
6.5 Conditions 6.3 and 6.4 shall not apply to CAP HPI Confidential Information which:
(a) is lawfully in Your possession prior to disclosure by CAP HPI;
(b) becomes publicly known, otherwise than as a consequence of a breach of this Contract or being revealed in court;
(c) is disclosed to a third party pursuant to written authorisation from CAP HPI; and/or
(d) is received from a third party without breach of any other relevant confidentiality obligation.
7. IP Rights
7.1 No IP Rights in the CAP HPI Products shall transfer to You under the Contract.
7.2 You agree that all and any intellectual property rights comprised in any CAP HPI Products or CAP HPI Data, Our trade names and service marks, or any other aspect of the CAP HPI Services provided to You (including but not limited to copyright, database right and rights of confidence), shall, insofar as they belong to us, remain Our exclusive property. No intellectual property rights in any of the foregoing are transferred or licensed to you, except as expressly provided in these Conditions. You also agree that the copyright, database right, property right, and other intellectual property rights in any information or data relating to the Vehicle or any asset, including but not limited to VRM, VIN, and mileage information, which You provide to Us as part of the CAP HPI Services or as part of the usage of CAP HPI Products or will become Our property when such information is captured by, stored in, or entered into Our database or systems, and that We will be storing any such information and be reusing the same in the course of Our business including for the future provision of Our services or products.
7.3 You shall promptly notify CAP HPI in writing of any unlicensed use of all or part of the CAP HPI Products, which comes to Your attention, whether by You or Your employees, agents, consultants or affiliated or group companies, or any third party.
7.4 If any third party makes any IP Claim, or notifies You of its intention to make an IP Claim, against You then You shall:
(a) as soon as reasonably practicable, give written notice of the IP Claim to CAP HPI, specifying the nature of the IP Claim in reasonable detail and providing any documentation received by You in relation to the IP Claim;
(b) not make any admission of liability, agreement, settlement or compromise in relation to the IP Claim without CAP HPI's prior written consent;
(c) give to CAP HPI and its professional advisers access and all reasonable assistance as CAP HPI may from time to time require in relation to the IP Claim; and
(e) at CAP HPI's request, give to CAP HPI the exclusive control and right to defend any IP Claim and make settlements in relation to an IP Claim at its own discretion.
7.5 If any IP Claim is made, or in CAP HPI's reasonable opinion is likely to be made, against You, CAP HPI may, at its sole option and expense:
(a) procure for You the right to continue using the CAP HPI Product (or any part of the CAP HPI Product as the case may be) in accordance with the terms of the Contract;
(b) modify the CAP HPI Product so that it ceases to be infringing; and/or
(c) replace the CAP HPI Product with non-infringing software or data.
8 Fees, Billing, and Payment
8.1 You shall pay the Fees for the CAP HPI Products.
8.2 All payments for the Fee or all other charges and sums payable by You (plus VAT) are due (without any set-off or other deduction) immediately by the Commencement Date.
8.3 If We provide any services or products to You in addition to those CAP HPI Products specified in the Contract and for which any charge, fees or additional fees are payable, We shall do so subject to these Terms and Conditions (and any other standard terms applicable to those services as may be amended or replaced from time to time) and they are payable at Our standard rates and/or charges from time to time as set out in Our standard price list, as applicable.
8.4 All Our charges, Fees, and additional fees are exclusive of any Value Added Tax ("VAT"), for which You shall be additionally liable at the applicable rate from time to time.
8.5 You agree that to the extent applicable, You shall be solely responsible for paying any and all additional bank charges including but not limited to bank processing fees, foreign exchange fees, foreign exchange fluctuations, and increases in taxes.
8.6 If payment of any of Our charges, Fees, dues, or additional fees is not made on the due date, We shall be entitled, without limiting any other rights We may have, to charge You interest (both before and after any judgement) on unpaid sums at the rate of 3% per annum above the Barclays Bank plc base rate from time to time accruing on a daily basis from the due date until full payment in cleared funds is made.
8.7 Without prejudice to CAP HPI's other rights, if You fail to pay any invoice, charges, Fees, or dues by the due date, CAP HPI shall be entitled to:
(a) under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) to claim debt recovery costs and interest from the due date for payment accruing on a daily basis, until payment is made;
(b) not supply or suspend the supply of the CAP HPI Product; and/or
(c) terminate the Contract on written notice.
9 Warranty and Liability (limitations and exclusions)
9.1 CAP HPI warrants that it shall use reasonable care at all times in generating, compiling, providing and publishing the CAP HPI Products. Except as otherwise expressly agreed to, provided for, or stated in these Terms and Conditions, all other warranties, terms, conditions and obligations, express or implied or otherwise, are hereby excluded to the fullest extent permitted by law. In particular, but without limitation of the foregoing, all CAP HPI Products are provided on an "as-is" basis without any warranty as to accuracy, suitability, fitness for a particular purpose or otherwise. Further, without limitation of the foregoing, except as otherwise expressly agreed to, provided for, or stated in these Terms and Conditions, We exclude any representation, condition or warranty, express or implied or otherwise, that the operation of the CAP HPI Services will be uninterrupted, or will be suitable for Your purposes.
Basis of exclusion of liability
9.2 You accept that estimates of vehicle values, running costs and other data and information contained within the CAP HPI Products are calculated by reference to third party data and/or market intelligence information which may be inaccurate, may alter or may be affected by circumstances that were not apparent at the time of preparation of the data and that which We do not have full control over. In addition, used vehicle valuations are a guide price only, and many other variables outside of Our control determine the actual sale price. Furthermore, the CAP HPI Data We supply to You when providing the CAP HPI Products includes a large amount of information which has been supplied to Us voluntarily by third parties over whom We have no control, such as the police, the DVLA, insurance and finance companies and those involved in the motor industry; the volume and the nature of the data on Our database makes it impractical for Us to verify it and, if We were to attempt to do so, We would only be able to offer Our services at a significantly increased cost; We provide the CAP HPI Products at a price that does not reflect any benefit You may obtain from them, including any profit that You may make or the amount of any credit that You may give. Accordingly, You accept and agree that the provisions of this Condition 9 represent a fair and reasonable apportionment of risk having regard to the CAP HPI Products and the Fee, and We accordingly consider it reasonable (and You agree) for Us to limit and exclude Our liability on the basis set out in this Condition.
Customer warranties
9.3 You represent and warrant to Us the following:
9.3.1 that any information You provide to Us in the course of the performance of this Contract and/or in the course of the provision of the CAP HPI Products is accurate and complete;
9.3.2 that You have taken all reasonable precautions and exercised all due diligence and acted with professional diligence (such term as construed in accordance with The Consumer Protection from Unfair Trading Regulations 2008) when making the relevant Vehicle purchase, sale, or transactions.
Exclusion of Liability in General
9.4 Subject to Condition 9.7, CAP HPI shall not in any circumstances be liable to You for:
(a) loss or damage arising as a result of any error, omission or inaccuracy in any part of the CAP HPI Products where such error, omission or inaccuracy arises as a result of use of third party content or market intelligence or a reasonable interpretation of such third party content or market intelligence;
(b) loss or damage arising from Your failure to use the CAP HPI Products strictly in accordance with the terms of the Contract;
(c) loss of profits, loss or corruption of data or information and/or loss of contracts;
(d) any kind of special, indirect, consequential or pure economic loss whether arising from negligence, breach of contract or howsoever caused and whether or not You notified CAP HPI of the possibility of the same;
(e) any loss of business, capital, profit, reputation or goodwill whether caused by us, Our servants or agents arising out of or in connection with the Contract or its subject matter.
(f) any loss or damage arising from Your failure to ensure software compatibility with Your hardware and/or other software or Your failure to carry out appropriate virus checks;
(g) third party claims of any kind; or
(h) any data inaccurately or incompletely presented via a third party system,
Limitation of Liability in General
9.5 Subject to Condition 9.7, if CAP HPI is held to be liable to You for any reason, Our entire liability in respect of any cause of action arising out of or in connection with the Contract or its subject matter (whether in contract, tort (including negligence) or for breach of statutory duty or in any other way) shall be limited to the Maximum Contract Liability Limit.
9.6 Unless otherwise agreed to between CAP HPI and You in writing, We shall not be liable for any claims or series of claims ("Claim") arising under or in connection with the Contract or in relation to its subject matter unless written notice of the Claim is given to Us either within 3 months from when You became aware of the circumstances giving rise to such a Claim or within 3 months of such time when You ought to have reasonably become aware of such circumstances and in any event within 1 (one) year following the date of the first provision of the CAP HPI Product giving rise to the Claim.
9.7 Nothing in this Condition 9 shall exclude or limit CAP HPI's liability for death or personal injury resulting from CAP HPI's negligence or for fraud or fraudulent misrepresentation.
9.8 You agree that You are best placed to evaluate, and insure against, any loss You may suffer in connection with the CAP HPI Products provided under this Contract.
9.9 The parties agree that each and every provision of this Condition 9 are severable for the purposes of Condition 14.7, and that each and every provision of this Condition 9 shall be construed as a separate limitation and/or exclusion that shall apply and survive even if for any reason any one or other of the said provisions is held inapplicable, unenforceable, or unreasonable in any circumstances.
9.10 The exclusions and limitations of liability contained in these Conditions shall apply for the benefit of CAP HPI and any person or business supplying any part of the CAP HPI Data to Us whether or not mentioned in the Contract, these Terms and Conditions, or in any marketing or descriptive documentation relating to the CAP HPI Products.
10 Anti-Bribery
10.1 In relation to its obligations under the Contract, each party warrants that it shall comply with the Bribery Act 2010 and its own anti-bribery and anti-corruption policies. On request, each party shall promptly supply to the other party a copy of its anti-bribery and anti-corruption policies.
10.2 Each party shall promptly report to the other party any request or demand for any undue financial or other advantage of any kind received by or on behalf of the other party in connection with the performance of the Contract.
11 Data Protection and Information Security
11.1 CAP HPI and You agree that the provisions set out in Schedule 1 – data protection schedule attached hereto shall bind the parties with respect to their respective data protection and information security obligations.
12 Term and Termination
12.1 Either party may terminate the Contract immediately by notice in writing if:
(a) the other has committed a breach of the Contract and, in the case of a breach by CAP HPI capable of remedy, CAP HPI has failed to remedy such breach within 14 days of a written notice requiring it to do so; o
(b) the other is unable to pay its debts as they fall due, or is the subject of a bankruptcy petition, or enters into compulsory or voluntary liquidation, or compounds with or convenes a meeting of its creditors, or has a receiver, manager, administrator or administrative receiver appointed over its assets, or initiates or is the subject of any insolvency, winding up, or dissolution proceedings, or ceases for any reason to carry on business.
12.2 CAP HPI may terminate the Contract immediately by notice in writing to You if there is a change of control so that You are controlled by a CAP HPI competitor or You control a CAP HPI competitor. For the purposes of this Condition 12.2, 'control' means the ability to direct the affairs of another whether by virtue of the ownership of shares, contract or otherwise and 'CAP HPI competitor' means any other supplier of automotive data, products, and/or solutions. Subject to any obligations of confidentiality or applicable laws, regulations or rules, You shall promptly notify CAP HPI in writing of any such change of control.
12.3 Without limiting any of the forgoing provisions, CAP HPI may at any time, without any liability to You, terminate the Contract immediately by notice, or without notice suspend any CAP HPI Services and/or CAP HPI Products if:
12.3.1 any charges due from You under the terms of the Contract are unpaid;
12.3.2 You use any CAP HPI Data or any CAP HPI Products for any purpose not expressly permitted in the Contract or in these Terms and Conditions;
12.3.3 You are (in Our reasonable opinion) otherwise in material breach of the Contract or any of these Terms and Conditions;
12.3.4 You undergo a change of ownership to which We reasonably object; or
12.3.5 any of Your use or usage of Your system(s) or software has or becomes to have (as reasonably determined by CAP HPI) an adverse impact or adverse effect on Us or any of Our customers, including but not limited to adverse impacts or adverse effects on Our or Our customer's systems, software, business or otherwise;
12.4 Suspension of the CAP HPI Services or CAP HPI Products by Us pursuant to Condition 12.3 above shall not affect any of Your existing or accrued obligations under the Contract, including any obligation to make any payment(s).
12.5 Termination or expiry of the Contract, however arising, shall be without prejudice to the rights and obligations of CAP HPI and You accrued prior to termination. Notwithstanding termination or expiry of the Contract, however arising, the following provisions shall survive and shall remain in force: Conditions 5 (Licence Restrictions and Permitted Use), 6 (Confidentiality), 7 (IP Rights), 8 (Fees, Billing, and Payment), 9 (Warranty and Liability), 11 (Data Protection and Information Security), 12 (Term and Termination), and 14 (General).
13 Force Majeure
13.1 Force Majeure means an event or sequence of events beyond a party's reasonable control preventing or delaying it from performing its obligations under the Contract and includes war, terrorism, riot or civil commotion, strikes, lock outs or other industrial action, acts of or restrictions imposed by government or public authority, failures of supply of services, software or hardware systems or networks, explosion, fire, flood, natural disaster and breakdown or failure of equipment.
13.2 A party will not be liable if delayed in or prevented from performing its obligations under the Contract due to Force Majeure, provided that it promptly notifies the other of the Force Majeure. If, due to Force Majeure, a party is unable to perform a material obligation and/or is delayed in or prevented from performing its obligations for more than 30 days, either party may terminate the Contract on notice. The provisions of this Condition 13.2 shall not be relied upon in relation to the inability to pay.
14.1 You shall not, without the prior written consent of CAP HPI, assign, sub-license, sub-contract or otherwise transfer to any third party any of Your rights, benefits, or obligations under the Contract. CAP HPI shall be entitled to assign its rights and/or obligations under the Contract.
14.2 Each party shall, to the extent necessary in relation to its activities as contemplated by this Contract, at all times: i) maintain all licences and registrations under any applicable laws, including the Consumer Credit Legislation; and ii) comply with all applicable laws, including the Consumer Credit Legislation.
14.3 We operate a policy of continually reviewing and developing the information services We provide, and accordingly We reserve the right, provided that We give You reasonable notice, to make any changes to any of the CAP HPI Products, or discontinue or substitute any of the CAP HPI Products or parts thereof, at any time where We deem this to be necessary to comply with any applicable statutory requirements, or in the event that such CAP HPI Products or parts thereof are provided by a third party and that third party withdraws, discontinues or otherwise terminates provision of those services to us, or which in Our reasonable opinion do not materially affect the nature or quality of the CAP HPI Products. We may also vary the contents of Our database from time to time in order to improve or modify CAP HPI Products features.
14.4 We may from time to time amend the Contract and You agree to Us doing so by varying or adding to any of these Terms and Conditions by giving You reasonable prior notice (including but not limited to via email or electronic communication), such notice shall also be given via [http://extras.cap-hpi.com/malta-odometer-check-terms-and-conditions] where current Terms and Conditions can also be viewed.
14.5 No term of the Contract will be enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999, and no person who is not a party to the Contract shall have any rights under it.
14.6 Notices to Us under the Contract and/or these Terms and Conditions shall be in writing and sent to Our Company Secretary at Our registered address by mail. Notices to You under the Contract and/or these Terms and Conditions may be sent to You through email or electronic means of communication or to the address that Your invoices are sent by second class mail.
14.7 If any Condition (including any distinct sub-condition) of the Contract is held to be illegal, invalid, void or unenforceable, it shall be severed from the remaining provisions of the Contract which shall continue in full force and effect.
14.8 Failure or neglect by Us to enforce any provision of the Contract shall not be construed nor shall be deemed to be a waiver of Our rights under the Contract and shall not prejudice Our rights to take subsequent action. No waiver by Us of any breach of the Contract by You will be considered as a waiver of any subsequent breach of the same or any other provision or type.
14.9 The Contract (incorporating these Terms and Conditions) contains the entire agreement between CAP HPI and You in relation to the supply by CAP HPI to You of the CAP HPI Products. It supersedes any and all prior agreements, representations, arrangements or undertakings in relation to such subject matter, provided that nothing in this Condition 14.9 shall exclude or limit liability of either party for fraudulent misrepresentation. In particular, but without limiting the generality of the foregoing, You warrant and represent that in entering into the Contract You have not relied upon any statement of fact or opinion made by Us or Our officers, servants or agents which has not been included expressly in the Contract. The terms of the Contract may only be varied by written agreement of the parties or in accordance with Condition 14.4 above.
14.10 You agree that You will (at Our cost and expense) do or procure to be done all such further acts and things and execute or procure the execution of all such other documents as We may from time to time reasonably require for the purpose of giving to Us the full benefit of any rights and benefits granted to Us under these Terms and Conditions.
14.11 The Contract shall be governed by and interpreted in accordance with English law, and You and CAP HPI hereby submit to the exclusive jurisdiction of the English courts.
SCHEDULE 1 – Data Protection Schedule
The terms "personal data", "controller", "processor", "processing", "data subject", shall have the meanings ascribed to them under the Data Protection Law, as applicable.
"CAP HPI Data Retention Policy" means the data retention policy in relation to Controller Products set out at Annex A below as updated by CAP HPI from time to time (the most up-to-date version could be found at www.cap-hpi.com);
"Controller Products" means the products listed under Annex B below (controller products data processing particulars) for which CAP HPI is the controller with respect to the personal data processing involved.
"Customer" means You.
"Data Protection Schedule" means this data protection schedule.
"Supervisory Authority" means any EU competent data protection authority to whose jurisdiction the Customer is subject in relation to the Customer Personal Data and where CAP HPI provides the Processing Services.
1. The Customer and CAP HPI hereby acknowledge and agree that Annex B below (Controller Products Data Processing Particulars) is an accurate description of the data processing particulars with respect to Controller Products.
2. The Customer and CAP HPI shall each process the personal data as set out in Annex B - Controller Products Data Processing Particulars. Each party acknowledge that the factual arrangement between them dictates the role of each party in respect of the Data Protection Law. Notwithstanding the foregoing, the parties envisage that, in respect of the personal data involved, as between the Customer and CAP HPI for the purposes of Controller Products under this Contract, both CAP HPI and the Customer are each deemed to be the controller. Nothing within this Data Protection Schedule relieves each party of its own direct responsibilities and liabilities under Data Protection Law;
3. The Customer, acting as data controller in respect of the Controller Products, hereby warrants and represents:
3.1 that all processing of personal data as contemplated in Annex B - Controller Products Data Processing Particulars ("Controller Products Personal Data") will be in compliance with all Data Protection Law, and that the processing of such personal data by CAP HPI in accordance with this Contract will not breach Data Protection law;
3.2 that Controller Products Personal Data provided to CAP HPI are accurate and will be updated to ensure continued accuracy as and when required;
3.3 that the Customer has notified data subjects of any applicable period for which Controller Products Personal Data or any element of it will be stored by CAP HPI including, if applicable, as set out in the CAP HPI Data Retention Policy in Annex A below, and that the Customer has the right to provide Controller Products Personal Data to CAP HPI and has provided data subjects with all necessary information and data protection notices on or in connection with the collection of such Controller Products Personal Data from data subjects including, but not limited to, the supply of Controller Products Personal Data to CAP HPI and details of the purposes and legitimate interests for which such Controller Products Personal Data will be processed by CAP HPI including as set out in the CAP HPI Data Retention Policy in Annex A below;
3.4 that with the exception of personal data as contemplated in the Controller Products Data Processing Particulars, the Customer agree not to provide CAP HPI with any other personal data without first notifying CAP HPI and signing with CAP HPI separate written terms in relation thereof. Without limiting the generality of the forgoing, the Customer also warrants and represents i) that the Customer will not provide CAP HPI with nor request CAP HPI to process the types and categories of personal data listed, defined, or referenced to in Articles 8 - 10 of the Regulation (collectively "High Risk Personal Data"), and ii) that the Customer will not provide CAP HPI with nor pass to CAP HPI personal data for which CAP HPI has no knowledge of, is unaware of, or which is not explicitly provided for under this Data Protection Schedule, and that where applicable, the Customer will not enter any personal data into free text fields embedded in relevant CAP HPI Products and will not incorporate any personal data into any attachments and/or images that are to be uploaded into CAP HPI's system(s) from time to time;
3.5 that the Customer shall, and shall procure its employees, contractors, and/or agents to keep secure the login credentials used to access to the CAP HPI Products, and shall be liable for the access to the CAP HPI Products through such login credentials. The Customer further warrants that it shall promptly notify CAP HPI of any unauthorised use of any login credentials, or other breach of security, including loss, theft or unauthorised disclosure of login credentials, and that the CAP HPI Products shall only be accessed in accordance with the licenced permissions as agreed by CAP HPI, and Customer shall maintain a written, up-to-date list of current employees who use the CAP HPI Products and provide such list to CAP HPI within 10 days of CAP HPI's written request at any time; and
3.6 that the Customer shall at its own cost, and shall procure its employees, contractors, and/or agents to do or procure to be done all such further acts and things as may be reasonably necessary from time to time to ensure either party's compliance with Data Protection Law, including but not limited to, as applicable, the prompt installation of and/or the upgrading to the latest CAP HPI release or versions of the relevant CAP HPI software or systems from time to time.
4. The Customer warrants and represents that it shall not breach Data Protection Law, and shall not, whether by act or omission, cause CAP HPI to breach any of its obligations under Data Protection Law. The Customer further warrants and represents that it shall comply with the obligations set out in this Data Protection Schedule.
5. The Customer shall, immediately on demand, fully indemnify CAP HPI and keep CAP HPI fully and effectively indemnified against all costs, claims, demands, expenses (including legal costs and disbursements on a full indemnity basis), losses (including indirect losses, loss or corruption of data, loss of reputation, goodwill and profits), actions, proceedings and liabilities of whatsoever nature arising from or incurred by CAP HPI or its affiliates in connection with or in relation to any failure of the Customer or any third party appointed by the Customer to comply with any of the provisions of this Data Protection Schedule and/or Data Protection Law.
6. To the extent of any conflict exists between this Data Protection Schedule and any other parts of the Contract, this Data Protection Schedule shall prevail, govern, and supersede. This Data Protection Schedule and the obligations hereunder shall survive the termination or expiry of the Contract however arising or effected.
7. Notwithstanding anything to the contrary in the Contract, CAP HPI's aggregate liability to Customer under this Data Protection Schedule and in relation to all of CAP HPI's data protection obligations under Data Protection Law shall be limited to and shall not exceed, in aggregate and for the entire duration of the Contract and thereafter, 100% of the Fees paid by the Customer to CAP HPI.
8. Subject to Clause 12, to the extent that the either party (the Claiming Party) has an entitlement under Data Protection Law to claim from the other party (the Compensating Party) compensation paid by the Claiming Party to a data subject as a result of a breach of Data Protection Law to which the Compensating Party contributed, the Compensating Party shall be liable only for such amount as it directly relates to its responsibility for any damage caused to the relevant data subject. For the avoidance of doubt the Compensating Party shall only be liable to make payment to the Claiming Party under this Clause 13 upon receipt of evidence from the Claiming Party, to the Compensating Party's reasonable satisfaction, that clearly demonstrates the Compensating Party:
8.1 where CAP HPI is the Compensating Party only, that CAP HPI has acted outside of the instructions of the Customer; and
8.2 has breached Data Protection Law; and
8.3 that such breach contributed (in part or in full) to the harm caused and entitling the relevant data subject to receive compensation in accordance with Data Protection Law; and
8.4 the proportion of responsibility for the harm caused to the relevant data subject which is attributable to the Compensating Party.
8.5 If the parties fail to agree in accordance with this Clause 13 then the parties shall resolve the dispute as per the dispute resolution mechanism (if any) as stipulated in the Contract.
Information CAP HPI collects and processes about You
9. You acknowledge that CAP HPI collects and processes personal data about You and/or Your employees, staff, or personnel ("Your Personal Data") in the normal course of business for the purposes of providing You CAP HPI Products and for fulfilling CAP HPI's obligations under the Contract and for pursing its other legitimate interests. For example, CAP HPI collects and processes Your Personal Data for the purposes of providing and conducting customer service, customer support, technical support, billing and payment services, financial audit and record keeping, and marketing of similar products or services among other things. CAP HPI is the controller in respect of Your Personal Data it collects and processes.
In addition, and without limiting the generality of the foregoing, We obtain and hold vehicle, asset, and related data from many sources and use this data for the legitimate interest(s) of protecting those utilising Our services or products and the owners or keepers of vehicles on the CAP HPI registers and for the legitimate interest(s) of preventing vehicle related fraud and crime (in cooperation with public authorities such as the police). Accordingly, based on the aforementioned legitimate interest(s), We may be disclosing from time to time relevant information about You collected by Us including but not limited to Your name, address and details of Your usage of Our services or products and any parts of Your Personal Data to any person or public authority to whom We reasonably consider that it would be expedient to do so for the purposes of preventing, detecting or discouraging fraud or crime, apprehending or prosecuting offenders or offences, and recovering stolen vehicles or other assets or property. In particular, and without limiting the generality of foregoing, We may be disclosing from time to time any such information about You to i) a person claiming to be the owner of the Vehicle against which You have requested CAP HPI Products, or ii) the police or other law enforcement or public authorities.
For more information on how We collect, store, process, share, and retain Your Personal Data, please see the CAP HPI privacy notice at www.cap-hpi.com and as updated by Us from time to time ("Privacy Notice"). By agreeing to this Contract or by using the CAP HPI Products, or by being a customer of CAP HPI, You acknowledge that You have read and understood the Privacy Notice.
ANNEX A - CAP HPI DATA RETENTION POLICY
CAP HPI proactively deletes personal data at the end of the relevant data retention period as set out below unless personal data is required to be retained for a longer period under applicable law or at the request of a court or regulatory body. This data retention policy may be updated by CAP HPI from time to time, the most up-to-date version could be found at www.cap-hpi.com.
The data retention periods are as follows:
Reason for Retention
Vehicle Registration Marks ("VRM") and Vehicle Identification Number ("VIN")
VRM: until 100 years after the VRM is no longer registered and/or active.
VIN: until 100 years after the vehicle to which the VIN relates to is either registered as scrapped by the DVLA or is known to CAP HPI as being scrapped (whichever shall be the later).
To perform CAP HPI's obligations under the Contract with its Customers and to provide vehicle valuation and provenance check services; to provide warranty related information; for fraud prevention and related services such as to prevent vehicle cloning and such as for inclusion in the scrapped vehicle registry; for inclusion in relevant management information and statistical reports; for product development and product enhancement purposes; to provide to third parties including public authorities for crime prevention and fraud prevention purposes.
Personal data relating to Customer or Customer staff and personnel
Until 7 years after the termination of the Contract.
To perform CAP HPI's contractual obligations and to deliver its products and services in accordance with this Contract and to keep an audit trail/record for financial/audit record keeping purposes in accordance with relevant financial or other record keeping legislations.
ANNEX B – CONTROLLER PRODUCTS DATA PROCESSING PARTICULARS
Subject matter of processing
Nature of processing
Purpose of processing
Type of personal data
CAP HPI Products
Customers provide CAP HPI VRM and/or VIN, and with this input data CAP HPI provides back a mileage and/or odometer information service of the vehicle relating to the VRM/VIN.
CAP HPI also captures personal data relating to the Customer and/or Customer's employees, staff, and personnel, and processes this data for the purposes of fulfilling CAP HPI's obligations under the Contract and to provide the CAP HPI Products.
Being the data controller, CAP HPI will process and retain the personal data as per the CAP HPI Data Retention Policy and until when the legitimate interests CAP HPI has in processing such personal data no longer exist.
To provide CAP HPI Customers with vehicle, mileage, or odometer information services; to fulfil CAP HPI's obligations under the Contract; to prevent vehicle related fraud; to cooperate with public authorities in respect of vehicle related crime prevention and detection; to provide warranty services; to include in management information and statistical reports/analysis; for product development and enhancement purposes; to keep an audit trail/record for financial/audit record keeping purposes in accordance with relevant financial or other record keeping legislations, etc.
Vehicle Registration Mark ("VRM"); Vehicle Identification Number ("VIN"); Customer or Customer staff and personnel contact information.
Vehicle keepers; Customer staff and personnel
© Solera cap hpi 2022. All rights reserved.


Looking for a renal dialysis center?
Searching for a renal dialysis center for yourself or a loved one can be challenging, especially with over 5,400 dialysis centers in the United States. Fortunately, CMS (Medicare) offers valuable quality information in 2 areas-anemia control and dialysis adequacy (how much waste was removed).
To view information on a specific dialysis center use this simple dialysis center finder. You can compare quality scores for each provider against other providers and the national averages.


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Jonny Edgar, né le  à Whitehaven, est un pilote automobile britannique. Il est champion d'Allemagne de Formule 4 en 2020, et est membre du Red Bull Junior Team de 2018 à 2023.

Biographie

Karting
Jonny Edgar nait en Angleterre en 2004, et fait ses débuts en karting à l'âge de huit ans, comme beaucoup de membres de sa famille. Il passe rapidement au niveau international, avec pour point d'orgue, son titre en championnat d'Europe CIK-FIA OK Junior, devant des pilotes comme Jack Doohan, Zane Maloney ou Hadrien David. Lors de sa dernière année en karting, il termine 3e du WSK Super Master Series.

Débuts en monoplace

Avec le soutien du Red Bull Junior Team, il passe en monoplace en 2019, participant à des courses des championnats italien, allemand et espagnol de Formule 4. Dixième de F4 italienne avec plusieurs podiums, il rejoint Van Amersfoort Racing pour une deuxième saison en Allemagne et en Italie en 2020. Se concentrant sur le championnat allemand, il s'impose de justesse avec six victoires, pour deux points devant son coéquipier Jak Crawford.

Formule 3 FIA

Après des essais hivernaux disputés avec MP Motorsport, Edgar annonce le 15 janvier 2021, qu'il pilotera pour Carlin dans le championnat de Formule 3 FIA pour la saison 2021 aux côtés de Kaylen Frederick et de Ido Cohen dès sa première course, il se qualifie douzième mais part en pole grâce à la grille inversée et termine cinquième marquant ainsi ses premiers points. Il termine ensuite les trois courses du Red Bull Ring dans les points. Il termine la saison à la dix-huitième place avec un total de 23 points.

En 2022, Edgar est transféré chez Trident où il fait équipe avec Roman Staněk et Zane Maloney après avoir réalisé des essais prometteurs. Cependant à l'issue de la première manche, il est contraint de quitter le championnat de manière temporaire pour raisons de santé. Les diagnostics montrent qu'il souffre de la maladie de Crohn. En attendant son retour, son équipe choisi de le remplacer par Oliver Rasmussen pour les deux manches suivantes. Il fait son retour lors de la manche de Silverstone.

Résultats en compétition automobile

† Pilote invité non éligible pour marquer des points.

Références

Liens externes

Naissance en février 2004
Naissance en Cumbria
Pilote automobile britannique
Pilote Red Bull Junior Team
Pilote de Formule 3 FIA

redpajama_set_name: RedPajamaWikipedia


Richard A. Wisniewski, Hawaii: The Territorial Years, 1900-1959, A Pictorial History, A concise pictorial history of Hawaii and its leaders from the establishment of the Territory of Hawaii in 1900 to the achievement of Hawaiian statehood in 1959, Honolulu, Pacific Printers, Inc., copyright 1984. Color illustrated stapled paper covers, 122 pp with many photographs, including state archives' photos of early 20th-century life (Chinatown, streetcars, WWI, airplanes and ships), U.S. Navy photos and charts of Pearl Harbor, U.S. archives photos of World War II and the Japanese internment. G: lightly bumped and scuffed, cover curling, po name in ink on first page (with dates in Hawaii), otherwise unmarked.


While we live in a city with plenty of construction and other necessary street closures, we need to always remain diligent in ensuring that cyclist safety is not compromised during these times.
I, along with my colleagues Councillor Layton and Councillor McMahon, have written a letter to the Public Works and Infrastructure Committee (PWIC) urging them to adopt measures developing a protocol to better address cycling infrastructure during times of road closures or bike lane disruptions, including the installation of temporary cycling infrastructure and/or detour routes when bike lane closures are necessary.
I hope that the Public Works and Infrastructure Committee will adopt these measures and ensure that cyclist safety is always protected during periods of construction and road closures.


Where is Sri Lanka situated ?
It's in the South-east region of Asia. Just below India a tear drop shaped island is Sri Lanka. Sri Lanka lies between the northern latitudes 5° 55. and 9° 55. and the eastern longitudes 79° 42. and 81° 52., 650km north of the equator.
Is Sri Lanka and Ceylon the same country ?
It is the same country, The name Ceylon was given by the british and was used until 1972 after which Sri Lanka was and still is used.
Will visiting Sri Lanka be worth my time ?
Absolutely, it is one of the best places to visit, Sri Lanka is now considered as one of the best places to have a vacation at.
The best time to visit Sri Lanka ?
Sri Lanka is a tropical country with almost the same season all year long except for monsoon seasons kicking off at different times during the year, despite showers a warm sunny climate is always guaranteed.
What will be the benefits of visiting Sri Lanka ?
There are lots of benefits in visiting Sri Lanka. First, it is a great place to regroup during the vacation after a very hectic lifestyle. It also provides the best way to be connected with nature with all the eco-tourism going on. Touring Sri Lanka, you can get the first-hand taste in the culture which is very vibrant and most of all awe-striking. These are just a few of the many benefits that I can list.
What kind of clothes should be worn ?
It actually depends in where you are , religious places have a strict protocol when it comes to clothes where people should cover themselves up. However, other than that you can wear almost anything that goes with the warm climate , sundresses, shorts , t-shirts and sandals are some of the clothes that you can wear to fight of the heat.
What sites can I visit ?
Well, the options are endless. There are loads of archeological sites, ancient ruins, nature reserves, beaches and plenty more. UNESCO has named many places in Sri Lanka as World Heritage Sites such as Anuradhapura and Polonnaruwa. You can also go shopping in the great city of Colombo, where malls and stores are endless.
What about accomadation? Where can I stay when I visit Sri Lanka ?
The options are again endless here , five-star hotels, motels, resorts, bungalows and villas ( which are rented out according to your needs ), guest houses and many more places can be used for accomadation usually you can voice your opinions and requests to your tour agents and they will undertake the arrangements.
Ayuruvedic Medicine, can I get any access to it ?
Sri Lanka boasts a very ancient medicinal system that can be used by almost anyone, lots of spas offer treatments as well as Ayuruvedic hospitals, speacial Ayuruvedic packages, getaways are offered by hotels.
What is the Size of the island?
What is the Sri Lanka international dialing code?
What is the voltage type in Sri Lanka? Sri Lanka's electricity runs at 230-240V, 50 cycles AC. Round, three-pin sockets are normally used although you may occasionally find square three-pin sockets as well.
How many languages are spoken in Sri Lanka?
English is widely spoken. Sinhala (Indo-Aryan language) (language of 74% of the population). Though Tamil (Dravidian language) is language of only 18.1% of the population, Tamil too is an official language in Sri Lanka.
What currency is used in Sri Lanka?


You try to take care of yourself by watching what you eat, working out, and cutting back on stress, but it could be that there's an aspect of your life that could have a bigger impact on your overall health than you realize: your relationships.
Here are some more reasons why being in a relationship might help you become healthier.
When you find someone that you truly love and care about, you'll find that your motivation to take care of yourself increases significantly. This is primarily because you want to spend more time with them – both in the present moment and also well into the future. In fact, there are studies that show that having support from your relationship partner and being in a relationship, in general, is related to eating more vegetables, exercising, and quitting smoking.
And if your significant other happens to be healthier than you, that's even better. Even on a friendship level, it's shown that when you surround yourself with healthier people helps motivate you to be healthy as well. In short: being around healthier people can be an incentive to take better care of our own health. Exercising becomes a social activity – like going for a run together or even a walk in the park. And in a relationship, your eating habits tend to rub off on each other – if your significant other eats more health consciously than you do, it's likely that you will start to adopt similar eating patterns.
When you're in a relationship, especially in the early stages, or if you just started dating – that spark of physical attraction is still very much in play, and you are motivated to look your best. This may result in you hitting the gym, watching what you eat and more, all in the name of looking good for your new romantic interest.
Of course, this is the case for new couples who see each other in person and meet regularly, but this can also be the case with long-distance relationships as well. Even in a long distance relationship, you can still expect to feel that same thrill of new love, and be motivated to get to know each other better, both mentally and physically.
Feelings of loneliness and worry about the future are one of the top causes of stress and anxiety in adults today. Relationships can help ease this type of stress significantly. First of all, being in a relationship creates feelings of happiness and comfort. And secondly, social support has also been shown to reduce the biological stress response.
Also according to Psychology Today, in studies in which people were subjected to social stress in public, those who "had a close friend or family member present showed less cardiovascular arousal" and a generally faster recovery from stress. In short: being in a relationship can reduce stress and anxiety, and help you feel less alone, more supported, and more energized about your life. Furthermore, supportive, healthy relationships can also help protect against larger mental health issues, like depression.
When it comes to relationships, whether they are romantic, familial or between friends, one thing is the same: it's quality over quantity that really matters. Surround yourself with people who love and care about you, and your health will see the benefits.


In this article we are going to tell you how to remove write protection from SD card or USB, read the article thoroughly to know all the ways of removing write protection.
Before explaining the method of removing write protection from SD card, let me explain what is write protection and how it works.
Write protection is a type of device encryption, which protects the drive from Formatting, Moving files, Deleting files. Some devices come pre write protection from the manufacturer and it annoys many users, who are not familiar with it. Many devices come with write protection tab, which prevents drive from writing, although users can easily disable write protection by switch down the tab. So in this article, we will explain briefly how to remove write protection from SD card or pen drive.
Almost all the regular computer users encounter to this error at least once in their life and very few users know how to overcome it. You are reading it because you also faced this error but now don't worry you came at right place. Here is the solution for your query, let's have a look on all the methods of removing write protection from the SD card or Pen drive.
We will explain 4 methods in detail for removing write protection from SD card or USB, read all the methods deeply and solve your query using any method you would like. Let's have look on these methods one by one.
Use the steps given below to remove write protection from SD card, this is the most effective way of removing write protection.
First of all Open CMD in your system: If you are using windows 7 or earlier then click on start menu > Search cmd > Right click on cmd and select open as administrator. If you are using Windows 8 or above then move your mouse in the upper right corner and select search or click on the start menu for search the cmd in case of windows 10.
Now after opening cmd, Type Diskpart and hit enter.
Now type List Disk and hit enter.
Type select disk 1 and hit enter(now your device will be selected).
Now type Attribute disk clear read only and hit enter.
Now type exit and hit enter(it will close the cmd).
Now just go to your drive and format it normally.
It will remove the write protection from your SD card or pen drive.
Open registry editor same as cmd, but here you will search for regedit instead of CMD.
Here you will find write protection option, you have to select it and set its value to zero.
That's it, now read protection will be removed from the SD card permanently.
Many Sd cards come with a write protection button on it, and also some micro SD card jacks come with the write protection tab. If the button remains on write protection side then you will see the error of write protected disk. To disabling the write protection you just need to change the button position on the device.
Sometimes your device may suddenly start showing the message of write protection error while moving or deleting any file from the SD card or USB drive. Sometimes the reason behind this error is viruses mainly when your drive shows this error suddenly. You should scan your SD card or USB drive by using the best antivirus for your system. We will recommend you Norton antivirus for scanning your media drives.
So the above-given methods are the best methods to remove write protection from SD card, USB, or any other media drive. Use the method according to your choice, and tell us in the comment below which method works for you. If you like this article then don't forget to share it with your friends, you can show your support by sharing our post on social media platforms and like and follow our blog.


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Richard Engel announced as 2015 Commencement speaker
Students gathered for Stanford's 2014 commencement ceremony. This year's commencement weekend is set to take place in person from June 9 to June 12. (FRANCES GUO/The Stanford Daily)
By Jana Persky
This morning, the Stanford senior class presidents announced that Richard Engel '96 would deliver the 2015 commencement address.
"By choosing Richard Engel to deliver the 2015 Commencement address, the President's Office has chosen an impassioned and tenacious speaker who will be able to deliver a relevant address which we think will inspire members of the Class of 2015 to engage with the world beyond whatever path our classmates choose after graduation," wrote senior class president Connor Kelley '15 in the email to the Class of 2015.
Engel, who graduated with a degree in international relations, now serves as the chief foreign correspondent for NBC News after nearly 20 years of covering major international events. He was the only American television journalist to remain in Baghdad for the entire Iraq War, and was kidnapped and held for five days while covering the Syrian civil war in December 2012.
"Richard Engel has worked tirelessly and courageously to translate the most important international issues of our time for the American public and the world," said University President John Hennessy in a Stanford News Service press release. "As a Stanford alumnus speaking to our new graduates, he can share firsthand what it means to be a truly global citizen."
Vernon E. Jordan Jr. was also announced as the Baccalaureate speaker for the Class of 2015. Jordan was a leader of the civil rights movement and a former director of the United Negro College Fund. He also served as a political advisor to President Bill Clinton from 1992-3.
"[Jordan] will speak to very relevant issues that have captured the interest of many people on campus, including our class members," wrote the class presidents. "We hope that together, Mr. Jordan and Mr. Engel will offer a number of insights about taking risks, finding one's own path in life, and creating a unique place in the world."
The 2015 Commencement ceremony will take place on June 14, 2015. Last year, Bill and Melinda Gates were the keynote speakers.
"I look forward to talking to the graduates about what I've seen and learned over the years, exploring war zones, watching nations and societies smash into each other with tragic consequences, " Engel told the Stanford News Service. "Hopefully, I'll be able to inspire some of these amazing young men and women to take a chance and stare fearlessly into the bright light outside the cave. I thank Stanford for this tremendous honor."
Contact Jana Persky at jpersky 'at' stanford.edu.
Jana Persky is the president and editor in chief of Volume 246 of The Stanford Daily. She previously worked as a sports desk editor, news desk editor and managing editor of staff development at The Daily, and is majoring in Public Policy. Jana is a junior from New Canaan, Connecticut, who doesn't want to tell her mom and dad she likes the West Coast better. To contact her, please email [email protected]

redpajama_set_name: RedPajamaCommonCrawl


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Film Cell Genuine 35mm Framed Matted Star Wars Through the Ages USTR09. Clik here to view our other Film Cells. All six Star Wars movies in one collectible! Bring the biggest saga of all time into your home once more! Special edition framed Film Cell presenation that features a clip of film from each movie!
This stunning, framed film cell presentation features cells of hand selected original 35mm film from the movie Reveng of the Sith, an image portraying the movie(s), artist(s) or character(s) in a stunning descriptive display. The film cells are from an actual print of the film. Mounted with a mini poster or photo from the movie with a unique nameplate with the title. These elements have been double mounted and matted on an acid free, double matted mounting board and framed in a beautiful black ash effect frame.	The frame has a clear backing which allows the light to pass through the cells. 20 x 11 black frame, professionally matted. Perfect gift for the Classic movie fan. Real film from the movie. Each FilmCell presentation is made with careful attention to detail. It is double matted, placed in a quality frame, contains an acrylic front and back allowing natural light to enhance the film frames. Each piece of film is hand-cut from reels to provide you with the best possible scenes to offer a unique and varied product. This highly collectible film cell presentation is limited in number and comes with a certificate guaranteeing the authenticity of the cells. The image shown of the presentation is an example of what the film cells will look like. Please note that every set is unique as they are hand picked from the original film. All limited-edition and special edition film cells from toylandbay include a mounted Certificate of Authenticity guaranteeing the cells authenticity.
All licensed products giving you a chance to own a piece of movie history and bring your favorite screen or musical legend into your home or business. Autograph collectors will find these to be very well suited to have hand signed. The Genuine Thirty-five millimeter (35mm) film cells are hand picked to include main characters and scenes.
All film cells are unique and may feature a different set of cells from the example shown. Add to My Favorite Stores. Sign up for our Store newsletter. Discounts sent out monthly to subscribers. The item "Film Cell Genuine 35mm Framed Matted Star Wars Through the Ages USTR09" is in sale since Friday, November 06, 2015. This item is in the category "Entertainment Memorabilia\Movie Memorabilia\Film Cells\Mounted". The seller is "toylandbay" and is located in Fort Wayne, Indiana. This item can be shipped to United States, Canada, United Kingdom, Denmark, Romania, Slovakia, Bulgaria, Czech republic, Finland, Hungary, Latvia, Lithuania, Malta, Estonia, Australia, Greece, Portugal, Cyprus, Slovenia, Japan, China, Sweden, South Korea, Indonesia, Taiwan, South africa, Thailand, Belgium, France, Hong Kong, Ireland, Netherlands, Poland, Spain, Italy, Germany, Austria, Russian federation, Israel, Mexico, New Zealand, Philippines, Singapore, Switzerland, Norway, Saudi arabia, United arab emirates, Qatar, Kuwait, Bahrain, Croatia, Malaysia, Brazil, Chile, Colombia, Costa rica, Dominican republic, Panama, Trinidad and tobago, Guatemala, El salvador, Honduras, Jamaica.


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Hpakant – miasto w Mjanmie, w stanie Kaczin. Według danych na rok 2014 liczyło 60 123 mieszkańców.

Miasta w stanie Kaczin


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Lisa Yarger
Lovie, The Book
Book group questions
Photo credit: Greta Yarger Browner, 2016
Lisa Yarger is the author of Lovie: The Story of a Southern Midwife and an Unlikely Friendship (University of North Carolina Press), a narrative nonfiction book about North Carolina midwife Lovie Beard Shelton that was nearly two decades in the writing. Lisa grew up in Raleigh, studied English at Wake Forest University and earned a master's degree in folklore studies from the University of North Carolina at Chapel Hill. A former curator at the North Carolina Museum of History, she and her family now live in Germany, where they own and operate The Munich Readery, an English-language secondhand bookshop. www.readery.de
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©2016 Lisa Yarger. All Rights Reserved.


This icon portrays the Theotokos holding the Christ Child in the first Burning Bush, that which the Prophet Moses saw. Around the Theotokos and her Son are many scenes from the life of the Prophet Moses. To the left is Moses taking off his shoes for he is entering into holy ground. On the top of the icon is Christ, as the Ancient of Days, pictured surrounded by angels, handing down the Ten Commandments on two tablets of stone to Moses.
Behind the Theotokos to the right are the idolatrous Hebrews who began to worship a golden calf while Moses dwelt on the Holy Mountain receiving the Law from God. Behind and to the left are many drinking from the spring of water that sprouted up when Moses struck the ground with his staff. And to the right of the Theotokos is St. John Damascene who composed the hymn that inspired this icon which compared this second unburnt bush, the Mother of God and her eternal virginity, to the first Burning Bush which remained unburnt. Written by the Cretan painter Michael Damaskinos in the late sixteenth century, the icon is now found at St. Catherine's Monastery in Sinai, the site of the Burning Bush.


text:
Q: automated garbage handling in c++ I think I am asking a question that might already have an answer here but I am afraid I was unable to figure it out from the linked page.
I am doing a linked list in c++, and scanning them from the start until the pointer to the next element in list is null. After some total garbage (this time used metaphorically) for an our I figured out I forgot to set the said pointer to the last element explicitely to NULL, because I was thinking an unset pointer is by default null.
I know, that unset values in C/++ cotains by default some garbage which causes troubles, like in this case, but I wonder is there a way to set them automatically to null, in case i forget to do so? I did not find much info in a web search.
Sorry if the question is rather rookie.

A: You can use an always_initialized<T> template or in C++11 non-static data member initializers and uniform initialization.
// C++11:
struct Node {
    T value;
    Node* next = {};
};
// C++03:
template<typename T> struct always_initialized {
    T member;
    always_initialized(T t) : member(t) {}
    always_initialized() : member() {}
    // Copy operators and utilities
};
struct Node {
    T value;
    always_initialized<Node*> next;
};

However in this specific case, it would be better to use unique_ptr<T> because it can automatically handle a lot more than just being null on default construction by default for you- it can also clean up your resources.

A: I highly recommend using std::unique_ptr, however you can always set it in your node's constructor :
struct Node {
    Node(T val) : value(val), next(NULLPTR) {}
    T value;
    Node * next;
};

....
last->next = new Node(val);

or C++11 version :
struct Node {
    T value;
    Node * next;
};

....
last->next = new Node{std::move(val), nullptr};

redpajama_set_name: RedPajamaStackExchange


Endurance events such as stage races or ultra endurance competitions place a lot of stress on our muscles, tendons and bones.
What are the chances of a physiotherapist quoting Joda as part of their therapeutic intervention... well actually quite high!
The RUNeasy report #1: Is there a way to prevent Running Injuries?


The Oakville resale home market recorded 150 sales in August – down by 38.3% versus the record-setting 243 homes sold in August 2016. This brought year-to-date (January thru August) sales to 1,859 units, down by 24.2% versus last year. The softness in sales has been accompanied by some recent strength in inventory growth, although absolute levels of inventory still lag historical norms. A sharp increase in national GDP growth to 4.5% in the second quarter mirrors the strong economic conditions in the Golden Horseshoe.
This fact, combined with decelerating price growth, will likely result in an improvement in demand as we enter the fall market, despite some modest increases in mortgage rates. In addition, the psychological impact of Ontario's Fair Housing Plan will likely have waned by the fall which will bring many buyers off the sidelines and back into the market.
The average selling price for a resale home in Oakville in August was $1,147,983 – up by 5.9% versus the $1,084,250 average price in August 2016. That said, prices are off dramatically from their high of $1,428,664 which was recorded in February. An increasingly better supplied market and a pause in demand have combined to create this deceleration in price growth. Despite the recent softness in prices, the overall price gain in 2017 remains highly significant.
On a year-to-date basis (January thru August), the average price increase for all property types in Oakville remains at a substantial 21.7%. On a forward-looking basis, the market still appears to be returning to a more balanced situation with supply returning to more normal levels and with the forecast that the recent pause in buyer activity will come to an end as the market heads into the fall period.


text:
Q: Перегрузка функции в TypeScript interface MyPosition {
    x: number|undefined
    y: number|undefined
}

interface MyPositionDefault extends MyPosition {
    z: string
}

function position(): MyPosition
function position(a: number): MyPositionDefault //Ошибка This overload signature is not compatible with its implementation signature.
function position(a: number,b: number): MyPosition

function position(a?: number,b?: number) {
    if(!a && !b){
        return {x: undefined, y: undefined}  // {x: 'string', y: true}
    }

    if(a && !b){
        return {x: a, y:undefined, z: 'error'}
    }

    return {x: a, y: b}
}

console.log(position())
console.log(position(1))
console.log(position(1, 2))

Валидатор выдает ошибку на вторую перегрузку.
Кроме того, в return можно возвращать объекты с любым типом. Ошибки наоборот не выдает.

A: Надо было указать тип, который возвращает имплементация.
Пример
interface MyPosition {
  x: number | undefined;
  y: number | undefined;
}

interface MyPositionDefault extends MyPosition {
  z: string;
}

function position(): MyPosition;
function position(a: number): MyPositionDefault;
function position(a: number, b: number): MyPosition;

function position(a?: number, b?: number): MyPosition | MyPositionDefault  {
  if (!a && !b) {
    return {
      x: undefined,
      y: undefined
    };  // {x: 'string', y: true}
  }

  if (a && !b) {
    return {
      x: a,
      y: undefined,
      z: 'error'
    };
  }

  return {
    x: a,
    y: b
  };
}

console.log(position());
console.log(position(1));
console.log(position(1, 2));


Sometimes, the obstruction is usually so undesirable the airway closes fully. This known as snooze apnea, and it's a massive trouble. This means you're fundamentally suffocating to get a couple of moments until your Mind wakes up and restarts your respiratory.
The relationship involving disrupted slumber respiratory and MCI remained solid even following Osorio accounted for the results of Alzheimer's-linked genes, gender, training, depression and heart disease possibility aspects, all of that have been connected to amplified threat of cognitive decrease.
We all agree that neither of those situations is pleasurable… that's why is so essential for you to study my ZenSleep evaluation.
My husband And that i were considering taking him to 'doggy school', but then again, it's particularly high-priced, and the nearest 'doggy college' is far away from us. It's possible you might have some tips? Thanks!!!!
! He Fortunately goes again to slumber if among us is with him but I then can't rest! Started off resorting to permitting him on our bed which can be a routine I actually need to interrupt.
Initial night time barked for an hour or so then silence and bliss but all back again to mayhem now. Very last night time he barked many of the evening I believed he would've bought exhausted but he didn't. What is the next move in addition to putting his basket within our Bed room. Until He's rest room trained I don't want To accomplish this as he is still on newspaper in the intervening time as he simply cannot head out still.
And don't get me started off on the humiliation you're feeling if you realize you might be snoring! It's terrible.
People with obstructive slumber apnea have an airway that is definitely browse around here a lot more slender than normal, usually at the base click to find out more with the tongue and palate.
In relation to shocking pet dogs with electric powered collars, research have demonstrated that canine trained in this way had been a lot more anxious and fearful than other dogs. And that was in the event the schooling was performed by experts.
If you are the sort who sleeps With all the mouth open up, This could verify counterproductive – the air getting into your throat from the mask escapes out from the mouth and will not accomplish the intended purpose of retaining the airways open up.
Cons: the only con I can find with this system is The reality that This is a bit high priced. But The nice matter is you might want to do a single financial commitment, and then you can use the package for so long as you want.
lets me breathe by means of my mouth but it really doesn't continue to be perfectly in my mouth and occasionally falls out so I'm asking yourself if my mouth piece combined with the jaw strap may possibly retain everything with each other and perhaps I could stop applying my annoying cpap equipment.
DEBORAH states: July six, 2017 at 6:twenty five am HI, Am abit puzzled on how long u can wear the chin strip is t a necessity the place during working day or only at nighttime? and make sure you specify whether one is imagined to use the strip for a selected time period either per week a month or is t for any lifetime trime?
Reply Susan Kelly September 28, 2016 at 7:57 am article Obtained a different golden retriever Dog each week back. At night time he goes while in the cage along with his ? and also a Kong to occupy him. The moment I put the lights out all he does is bark continually. I have dismissed him and have wound up pulling the pillow over my head. I realised the breeder I obtained him from still left the puppies while in the kitchen area at night so I deserted the cage and arrange a basket during the kitchen/diner.


text:
Biografia
Nacque in una famiglia benestante jakuta, il 5 maggio 1890. Si laureò in giurisprudenza presso la facoltà di diritto dell'Università di Mosca. Dal 1925 al 1927 fu membro del Commissariato del Popolo per Finanze della RSSA Jakuta. Come molti altri intellettuali jakuti sosteneva il principio per il quale la Repubblica Jakuta doveva essere più autonoma dallo Stato centrale, garantendo un'equa rappresentanza di jakuti sia nel Consiglio dell'URSS sia negli organi di governo repubblicano. Inoltre si auspicava la separazione tra partito e Stato, e una maggiore autorità all'autogoverno locale. Fortemente contrario alla delocalizzazione in Jacuzia di contadini russi, delocalizzazione che avrebbe condotto alla perdita di terreni adibiti a pastorizia da parte dei contadini jakuti.

Tra il 1925 ed il 1927 i tentativi di Ksenofontov e dei suoi sostenitori di ottenere una maggiore autonomia e la formazione di partiti nel senso più locale e nazionalistico ottennero scarso successo.

Sullo sfondo delle sollevazioni armate iniziate in Jacuzia, a partire dall'aprile 1927, Ksenofontov, nel villaggio di Kudoma, esattamente il 28 settembre 1927, proclamò la creazione del Partito Confederalista o detto anche Partito dei Giovani Jakuti Nazionalisti.

Il 4 dicembre 1927 nel villaggio di Mytatcy venne eletto nel Comitato centrale del Partito Confederalista, Ksenofontov divenne segretario generale.

In risposta alla creazione di tale formazione politica, i leader della RSSA Jakuta, fecero ripetutamente appello a Ksenofontov e ad altri leader del movimento di arrendersi, promettendo l'amnistia. Si considera che l'obiettivo principale della "dimostrazione", e/o,  promozione del programma politico, raggiunse il suo obbiettivo, e nello stesso tempo inducendo una sorta di  passività nella popolazione generale. Il 1º gennaio 1928 Ksenofontov, probabilmente dopo una trattativa, si arrese alle autorità della RSSA e venne arrestato. Gli ultimi suoi seguaci si arresero il 6 febbraio 1928. Nonostante la promessa della amnistia Ksenofontov venne giustiziato il 28 marzo 1928.  In Jacuzia, solo per questo evento vennero successivamente arrestate 272 persone, di cui 128  fucilate, mentre 130 condannate a diversi periodi di detenzione. Ksenofontov venne riabilitato il 26 marzo 1993 per iniziativa della Procura della Repubblica di Sakha.

Note

Collegamenti esterni


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Some cows waited up to 5.5 hours a day at the dairy before milking.
Dr Marlie Wright and Dr Martin Auldist have investigated the impact of cow movement in large herds.
Although this study was originally aimed at owners of large herds, results have wider relevance.
Managing large herds in pasture-based dairying systems presents unique challenges with implications for herd feed supply and milk production. A recent research project conducted by Agriculture Victoria researchers at Ellinbank, Victoria, set out to understand some of the issues.
Dr Martin Auldist and Dr Marlie Wright led a small case study to determine the potential impact on nutrient intake of cattle that walk long distances to the farm dairy each day and spend long periods of time off pasture.
"Feeding large herds on pasture often requires a larger farming area, with the consequence that cows must walk long distances to the dairy each day," Dr Auldist said.
"Then they also spend a long time at the dairy, waiting to be milked. The end result is that they spend several hours away from the paddock each day - you'd have to think it would affect their pasture intake.
"The other part of the equation is that there is a consistency to the milking order. In other words, it is often the same cows spending the longest time away from pasture, day after day. It's probably not surprising that the first cows are often the best producers."
Dr Auldist and Dr Wright designed a case study experiment to generate data about the extent of these issues, and to talk to the farmers about possible solutions. Three pasture-based dairy farms were chosen for study: one in Gippsland, one in the irrigation area of northern Victoria, and one in south-eastern South Australia. All farms were running more than 1000 cows, though not necessarily in one herd.
Dr Wright and the team visited each of these farms in spring to measure distances walked, time spent queuing at the dairy, and the time that the first and last cows reached the dairy and returned to the paddock.
"We also got a farm map so we could measure maximum distances walked and obtained milking records over a week, so we could look at the consistency of milking order and the relationship of milking order with milk yield," Dr Wright said.
The team also measured the pasture depletion that occurred in the time between the first and last cows reaching the paddock.
"We found that cows were spending up to 2.5 hours per day walking 10 kilometres or more to and from the dairy," Dr Wright said. "This amount of walking requires energy that equates to 3.5 kilograms of milk per cow per day, not counting the amount of energy required for walking around grazing.
"Some cows also waited up to 5.5 hours a day at the dairy before milking, while others didn't wait at all. When time at the feedpad was included, some cows spent up to 9.5 hours a day away from pasture."
On all farms, there was a consistency in the milking order but this was mostly due to the first and last cows. "The first cows always wanted to be first, and the last cows were always last," Dr Wright said.
"But the cows in the middle were much more variable - they didn't really care as long as they were in the middle somewhere."
When it came to milk yield, the first cows definitely held the advantage, producing up to 4kg of milk more than the last cows. "Presumably this is at least partly due to an increased opportunity to graze, though there might be other factors," Dr Wright said.
The results also showed that not only did the last cows back to the paddock have less time for grazing, but that between 19 and 29 per cent of pasture dry matter was already gone by the time they got to the paddock. "Presumably there was also pasture selection going on, so that the available pasture was also of lower nutritional quality," she said.
Dr Auldist said the study could have wider implications. "Although this study was originally aimed at owners of large herds, we think that the results have a much wider relevance," he said. "These kinds of issues with cow flow and time away from pasture can also be encountered in much smaller herds.
"We'd like to use our results as the basis for a study into better feed allocation on pasture-based dairy farms, irrespective of how many cows they have.
"There are still heaps of things we don't understand. Like what exactly is the effect on dry matter intake of spending that much away from pasture, is there compensatory grazing, and what is the cost of various mitigation options compared to the cost of doing nothing?
"Could we lift average farm milk production by reallocating feed resources by splitting herds, holding cows back, topping pasture to reduce selection, designing farms with more efficient fencing and laneway layouts, and so forth?"


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text:
@implementation FYYCreator

@end

redpajama_set_name: RedPajamaGithub