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"We finally beat the Bellingham Firefighters," Trowbridge said. "We've been battling them the last few years, and they've always gotten us."
Trowbridge, who did the road biking leg, said his ride was part of the reason why the Ski Area team came out on top. With the reconfigured race format last year, road biking was earlier in the race, allowing Trowbridge to "get out a little earlier and draft with a quick group of riders all the way to Everson."
Last year was not Trowbridge's first Ski to Sea victory, though. He said he also was part of a couple of Whatcom County Mixed Division champions and even a High School Division winner during his senior year in 1994.
It was during those early years that Trowbridge developed his love for the race.
To be able to put on an event that has seven different legs and six different transitions and 4,000 racers across half a county, it's exciting. It's an interesting challenge to take on.
Mark Trowbridge
"I grew up in Bellingham," said Trowbridge, who is active in the area's biking community and has won a few cyclocross state titles. "I've always been around it. I really believe in Whatcom County and the community, and I think Ski to Sea is really valuable for the community in general, both economically and it's just one of those intangible things that adds a lot to the community."
Besides racing Ski to Sea "more times than I can count," Trowbridge said he became involved with the race committee the past four years, serving as the vice president of Whatcom Events, the non-profit that owns Ski to Sea, last year.
When former race director Pete Coy stepped down after last year's race, he nominated Trowbridge to succeed him, and the board approved him.
I'm not terribly comfortable putting myself out front as the one person. Putting on a race like this is a team effort by everyone on the race committee. I just ended up being the guy with the experience of racing a lot of different things and the organizational and operation experience to put things together.
Like any good operations manager, Trowbridge quickly set his sights on the details of the race to make sure the 93-mile, seven-leg relay went off without a hitch. He said he and the race committee started a bit earlier than normal with planning the front end, and 30 days out, he was feeling "pretty locked in."
Like the race leaders that have come before him, Trowbridge said he will constantly be looking for ways to improve the race, but the conditions that made 2015 so unusual gave him a greater appreciation for what he calls the "classic format of Ski to Sea," and he doesn't want to see the race chase the latest trends and sacrifice tradition.
"I'm just a caretaker of the race," Trowbridge said. "The goal is to continue the race. I want my kids and my grandkids to be able to partake and enjoy the same experiences I've been able to enjoy."
Executive director Mike Trowbridge becomes the fourth person to lead Ski to Sea since the inception of the race in 1973:
Duane Sammons
Jeanette "Chickie" Brennan
Pete Coy
Mike Trowbridge
ski-to-sea
Ski to Sea has plenty of events surrounding race in 2016
Communications group airs it out to help Ski to Sea on race day
Allen8tors family team excited to experience first Ski to Sea
Ski to Sea all-female team bonds over nearly 3 decades of racing
Earlier start time biggest change for Ski to Sea in 2016
Ski to Sea heads back to the basics after snow-starved 2015 race
MORE SKI TO SEA


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Greenwood Township Property Owner Charges are charged 50 cents with PREPAID TICKET per 30 gallon plastic bag of Household refuse. Without a ticket, it is $1.00 per bag. Tickets can be purchased at the Greenwood Township Office. Above charges are subject to change without notice.
Transfer site is closed Christmas, New Years and Easter Sunday.
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Zoning Permits: Monday, Wednesday, and Friday 8:00 a.m.--12:00 p.m.
Township Assessor: Wednesdays 10:00 a.m.--2:00 p.m.
Greenwood Township Board Meetings: 2nd Tuesday of each month at 7:00 p.m.
Greenwood Township Planning Commission: 1st Tuesday of each month at 7:00 p.m.


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GALLIPOLIS, Ohio — Glad to be home.
The Gallia Academy golf team posted a 23-stroke victory over visiting Chesapeake and Ironton on Thursday night during a tri-match at Cliffside Golf Course in the Old French City.
The Blue Devils were dominant on their home back-nine after posting a winning tally of 178. The Panthers were second with a 201, while the Fighting Tigers had only three golfers — leaving them one player short of a team tally.
Wyatt Sipple won medalist honors and led GAHS with a 5-over par round of 41. Hobie Graham was next with a 43, followed by Cooper Davis with a 45.
Reece Thomas completed the winning team score with a 49. Both William Hendrickson and Elijah Baird posted identical rounds of 50 for the hosts.


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text:
References & Resources
Acknowledgements & Credits
ATKINSON, Alan
The Europeans in Australia, vol. 1
Oxford University Press 1997
Examines the forces leading up to the English decision to colonize Australia in 1787 and explores the ways in which the European ideas about spirituality, self and the land influenced the development of their settlement. An original perspective on the early history of Australia.
BOARDMAN, Alan & HARVEY, Roland
The First Fleet
Fontana Picture Lions 1982
A childrens picture book telling the story of John Hudson, the youngest convict on the First Fleet.
CHAPMAN, Don
1788 The People of the First Fleet
Cassel 1981
This book adds to the data in the database as it includes officers, sailors, wives & children and gives information about their lives in the colony.
The Crimes of the First Fleet Convicts
Angus & Robertson, 1970
A complete list of 778 convicts of the First Fleet plus excerpts from transcripts of their trials. Cobley is one of the major sources of the data in this database.
Sydney Cove 1788
Sydney Cove 1789-1790
Angus & Robertson 1988, 1989, 1991, 1995
A day by day account of life in the new settlement using extracts from the diaries, journals, and documents of the time. Use the excellent index to find references to the progress of many of the First Fleet convicts after their arrival.
COURTENAY, Bryce
The Potato Factory
Penguin, Australia 1998
An historically accurate novel about convict life in Tasmania and the life of crime in London which lead Mary and her partner to be transported.
CURRY, C.H.
The Transportation, Escape and Pardoning of Mary Bryant
Halstead Press, Sydney, 1983
A small book describing the adventures of First Fleet convict Mary Braund who married William Bryant on arrival in New South Wales. Using quotes from journals and records of the time, the author provides an insight into the convict's hardships and the frustrations of administrators of the new colony.
DANIELS, Kay
Convict Women
Allen & Unwin, 1998
Beginning with a chapter describing the extraordinary life of convict Maria Risley/Reibey who married Edward Lord, one of the wealthiest men in Van Diemen's Land, the book analyses how historians end up with multiple differing portraits working from fragmentary evidence and their own preconceptions and cultural frameworks.
DARK, Eleanor
The Timeless Land
Storm of Time
Angus and Robertson Sydney 1941, 1948, 1953 reprinted in paperback
Although this trilogy of novels is based on a fictional family, it is a solidly researched account of life in the early years of settlement. So well are they written it is often hard to remember that these are novels, not biographies.
DURAND, John
The Odyssey of Mary B: a true tale
Puzzlebox Press, Wisconsin, USA 2005
www.puzzleboxpress.com
Mary Bryant (Braund) is one of my favourite convicts and her story deserves to be told, more so in some ways than many of the officials of the colony. So far I have only ever read her story in a children's book and it was mentioned in The Fatal Shore. A labour of love, which John wrote 20 years ago but only recently published, this book is an illuminating account of the particular life women were forced to lead under the conditions imposed by goal, hulk, ship and fledgling colony.
GILLEN, Mollie
The Founders of Australia
Library of Australian History, Sydney, 1989
A comprehensive list and description of all the convicts, military and seamen who sailed onthe First Fleet including information about their fate in Australia. Gillen is one of the major sources of data for this database.
HUGHES, Robert
Pan Books & Collins, 1988
A comprehensive and compelling analysis of the convict history of Australia and how this impacts life today. Excellent individual chapters on Norfolk Island, Tasmania, bushrangers, women, homosexuality, and Aborigines.
LEVY, J.S. & BERGMAN, J.F.
Australian Genesis: Jewish Convicts & Settlers 1788-1850
Rigby, Melbourne, 1974
The early chapters provide another perspective on the convicts arriving on the First Fleet, particularly the excellent chapter on Esther Abrahams, "Australia's Unofficial First Lady". Her story is an insight into the type of life faced by women in the new colony and how their initiative and courage founded white Australia.
MCCULLOUGH, Colleen
Morgan's Run
Century, 2000
A novel, the first in a probable series by the author of Thorn Birds, about her ancestor Richard Morgan, a First Fleeter. In the database, you'll recognise the names of all those he came into contact with on his journey and on Norfolk Island in later years.
NICHOLAS, Stephen
Convict Workers: Reinterpreting Australia's Past
Cambridge University Press, 1988, Melbourne
This reinterpretation of Australia's convict past is based on an analysis of the detailed records of 20,000 male and female convicts transported to Australia. After the initial hard years of the settlement, transportation to Australia meant a better diet, housing, hours of labor and welfare for convicts than that received by free men and women in England.
ROBSON, Lloyd
The Convict Settlers of Australia
Melbourne University Press, 1973
A reference text containing numerous tables analysing a random sample of 6000 of the 116,000 convicts who were transported to Australia.
STUART, Vivien
The Australians Series Book 3
Futura McDonald, Sydney 1982
This book relates the story of an eleven year old girl, Mary Reiby, who lived in London and was transported to Australia as an assigned convict for horse stealing. She marries a captain and the family built Entally House in Tasmania.
TENCH, Watkin
Sydney's First Four Years
Library of Australian History, Sydney 1979
Highly readable account of the earliest years through the eyes of one of the military officers sent on the First Fleet. It is alive with observations on the people and the environment in which they found themselves.
WILSON, Louise
Robert Forrester, First Fleeter
http://www.louisewilson.com.au/robert_forrester.html
A tale of one convict's life: more than 700 convicts arrived with the First Fleet but there are very few books about their lives as individuals. Most only contain lists of descendants with very little biographical material. It is a challenge to write about these earliest European settlers, because most convicts left little documented evidence of their lives. This book resulted from many months of 'deep delving' into the NSW archival records, in an effort to reveal Robert Forrester's character. But while the book tells the story of one man, it is intended for general readership.
YARWOOD, A.T.
Growing Up in the First Fleet
Kangaroo Press, 1983
In 1787 Jenny Jones and her convict mother, Elizabeth Osborne, boarded the transport ship Lady Penrhyn. This children�s book describes in detail life at sea, the long visit to Rio de Janiero and Cape Town and the problems of the first settlement.
Electronic First Fleets have a (relatively) long history. The first database was developed by Sandra Wills, based on John Cobley's book The Crimes of the First Fleet Convicts, and published in 1981 on TASNET, a statewide Digital timesharing network for Tasmanian schools. A year later the search engine was re-programmed by Phil Geeves for 48K Apple microcomputers. The 5 inch floppy disk together with curriculum materials by Cheryl Prokopanko, was distributed free to all Australian schools by the federal Department of Industry & Technology in 1982.
Versions using the same data were subsequently created for just about every microcomputer used by Australian schools. For a Commodore 64 version published by Edsoft in 1986, Sandra substantially improved both the original data set and the curriculum materials as well as providing a more user friendly search engine. However versions by other people appearing after 1986, for example for the Macintosh, still used the original data set, and unfortunately a number of errors in the data were introduced in the various conversion processes.
This 1998 version marks a milestone in its history. It is back online after 16 years on stand-alone PCs, but the online environment changed since 1980. Powerful web browsers incorporating sophisticated free text search engines make the earlier versions seem laughable. The data is now more readable using real words instead of using the abbreviations and codes required previously to squeeze it into a mere 48K. Additional rich data about each individual convict has been added after thorough research by Adair Bunnett, based on Mollie Gillen's wonderful research. The search engine provides incredible access but if you need more power, the data set can be downloaded from this site into your own PC based file management program such as File Maker Pro. Hopefully the materials accompanying the database are also more interesting not only due to the combined efforts of Adair and Sandra but also because of the web's capacity firstly to link you to other relevant sites and secondly to link you in discussion with other people who are researching the First Fleet. It is this last feature which particularly excites us - the potential to build an online community of novice and professional First Fleet researchers. We invite you to contact us via this web site with feedback, additional links, corrections to data, new data, debate about conclusions.
For those of you who share the same surname as Sandra Wills, you might be interested in helping with our research on the Wills Family Tree.
Credits for First Fleet OnLine
Producer, Designer, Content
Sandra Wills
Produced at
Centre for
Development &
Resources Historian, Designer, Content
Adair Bunnett
Myriam Mickhail
Assistant Programmer
Daniel Judge
The State Library of NSW has a Family History Site containing numerous links to other databases and indexes plus a terrific site on Joseph Banks who sailed with Captain Cook on the Endeavour. It contains journals and letters and provides an insight into the thinking about this country before the First Fleet was sent to settle Australia.
Heaps of information and links to other convict sites on this Murdoch University web site - includes a quiz and convict story writing tool.
A site containing paintings of all the ships of the First Fleet.
The National Maritime Museum is building a Welcome Wall to honour the 6 million people who have crossed the world to settle in Australia.
Next time you're in Sydney, visit the Hyde Park Barracks.
The Australian Literature Database: 18th, 19th & early 20th century Australian texts. Of relevance to the First Fleet, it contains Banks Journals, Tench's journal, the novel by Marcus Clarke "For the Term of His Natural Life", poems by Henry Lawson and Banjo Patterson, Rev Richard Johnston's sermon to the colonies, A Dictionary of Australian Words & Terms, Charles Rowcroft's Journal of a Free Settler 1816, Mary Vidal's novel The Convict Laundress, Thomas Watling's Letters from an Exile at Botany Bay - check it out
For some early Australian drawings and paintings look at State Library of Tasmania's Heritage Collections - search the image database "convict", "Sydney", "Port Arthur" for example.
National Archives of Ireland - Transportation Records Database
Irish Convicts transported to Australia, including some free settlers. The records from which the transportation database was compiled (transportation registers and petitions to government for pardon or commutation of sentence) are incomplete. While the collection of convict petitions dates from the beginning of transportation from Ireland to Australia in 1791, all transportation registers compiled before 1836 were destroyed.
For useful resources about general learning skills, explore the UniLearning web site, a constantly improving site developed by the University of Western Sydney and The University of Melbourne, and recently joined by the University of Wollongong.
Look for more books & resources on Australian History by searching the catalogue of the University of Wollongong Library
Library of Australian History
North Sydney 2059
email:grdxxx@ozemail.com.au
Some great books, indexes, lists and CDs available such as Census of NSW 1828 on CD-ROM and The Second Fleet - Britain's Grim Convict Armada of 1790 and "Musters & Lists - New South Wales and Norfolk Island 1800-1802".
University of Wollongong © Copyright 1999
Last Updated October 2005 email webmaster

redpajama_set_name: RedPajamaCommonCrawl


text:
10 Years of Breakfast Club
As per usual, I would like to start off this Breakfast Club newsletter with an apology, as there has been a delay in sending this to our database!
As you will read in the newsletter we have been extremely busy and couldn't be more ecstatic about this. It is also encouraging to see that our Breakfast Club Facebook page 1142 likes. A big thanks to everyone for your incredible support!
Breakfast Club currently receives donated groceries from New World Eastridge, New World Southmall, Pak n Save Ormiston, Abes Bagels and Kiwi Harvest. We distribute these to five Auckland primary schools, two Food Banks, and South Auckland's Vaka Tautua. We also have outreaches in Whangarei, Hamilton, Cambridge, Whakatane and Tauramanui, who also distribute the groceries we receive.
While collecting and distributing groceries takes up a large portion of our day, there are a number of other things that Breakfast Club gets up to.
Here is an overview of the 2016 activities to date:
For many schools in the first term swimming is an important part of the curriculum as children are given swimming lessons and general water safety instructions. Unfortunately not all children are able to partake in lessons, as families are unable to provide swimming togs.
On Wednesday 10 February Breakfast Club was at Glen Innes Primary School and noticed that half of the class in the pool area was not swimming due to a lack of togs. With pleas from both the children and teacher to somehow help and find togs a Facebook post was made on the Breakfast Club page and sent out to our 600 followers at time.
What happened next was beyond our wildest of dreams:
The Facebook post reached 80,037 people
535 shared our Facebook plea
144 people responded in writing
A number of Media Outlets contacted the school Principal including Radio NZand Stuff.co.nz. They can be viewed here: http://www.radionz.co.nz/news/national/296329/cost-of-togs-too-much-for-some-parents , http://www.stuff.co.nz/national/education/76821083/donations-flood-in-for-kids-who-cant-afford-togs
Parcels containing swimming togs arrived from England, USA, Australia, Christchurch and Queenstown.
The Orewa Police drove down and was the first to present a carload of swimming togs.
The abundance of donations including togs, goggles and towels meant nearby schools were also able to benefit.
Families offered to teach the children how to swim and arrived from Hamilton, Te Kuiti and Te Awamutu.
As a result of all this, 100% of the children at Glen Innes School now partake in swimming lessons! This couldn't have be achieved without each and every one of our amazing supporters.
In 2015, Breakfast Club asked the principal of Glen Innes School whether there was anything we could help supply that would make a difference to the children.
He suggested the need for senior uniforms. Parents of students in year 7 and 8 were reluctant to purchase new uniforms for their children as high school was only short time away and uniform was again a requirement here. As a result, current uniforms of children in the senior syndicate were wearing ill fitted and scruffy clothes.
With the sponsorship from Rotary Epsom and BLK, Breakfast was able to supply two top quality polo shirts to every child in Years 7 and 8.
The Glen Innes School Principal wrote this:
The major benefits of these polo shirts have included:
Our attendance rate has improved to over 96% for the two senior classes. That along is a 6 – 8% increase. So much so that we had to forego our attendance initiative used to promote attendance.
Pride in appearance is very evident, and this has a direct spinoff on behavior. I have not had a reason to stand down a student since we launched the new uniform tops.
Lift in confidence is another. When I recently met with the senior group their comments included responses such as:
"Helps me be identified as a senior"
"Makes me feel normal when mixing with other schools"
"It's a real motivation."
A raise in self-esteem was another factor observed as students, 'lifted their chins' and communicated well with our broad range of adult volunteers and or visitors.
Glen Taylor Principal, on hearing of the results of this experience asked if Breakfast Club could also supply his senior students with polo shirts.
With the assistance of Rotary Epsom and Auckland East and the generosity of BLK Sports, in 2016 we supplied both schools with top of the line Polo Shirts.
The media wrote this
Breakfast Club, with the financial assistance of Rotary Epsom and Auckland East, purchased a Kai Kooker, which was capable of feeding over 200 people. This year Breakfast Club decided to put our Kooker to the test!
In June, the whole of Glen Innes School fundraised for a prominent charity by 'skipping' in heart if Glen Innes shops. With the help of the Glen Innes Cook Island community we decided to feed the whole school on their return from a day of exercise.
New World Eastridge gave us a ripper deal for the food and Pak n Save Ormiston was able to supply drinks for every child. With so much food left over we were able to supply a number of families in the area with dinner as well.
Te Ahiwaru
Breakfast Club has been updating our Facebook page since the beginning of 2015, about Te Ahiwaru, a student from Te Araroa that received a rugby scholarship to attend St Kentigern College. We were asked by St Kentigern to 'adopt' Te Ahiwaru as one of our own. With the support of Shoe Clinic Manukau and Sylvia Park, BLK Sport, and a team of business supporters we have ensured that Te Ahiwaru's 'needs' we all meet so he could focus on his education and rugby.
Breakfast Club and sponsors also ensured that Te Ahiwaru went to the school ball. He spent a day working on a farm to pay for his ticket. Loyal followers of Breakfast Club generously paid his suit and shoes for him. It was the first time that he had ever worn 'after shave'!
Excitingly, Te Ahiwaru was selected in the Hurricanes Under 18 team that toured to Christchurch and played against the Crusaders Under 18.
We can now tell you all that Te Ahiwaru has signed a rugby contract with the Crusaders Academy starting at the end of school this year! We couldn't be more proud of what he has achieved in his rugby career thus far!
Tegan Amani
Breakfast Club's Sports Academy has supported Tegan for the last 4 years, while she was initially a student at Randwick Park School. She now attends One Tree Hill College.
Rotary Epsom, Shoe Clinic Manukau and Sylvia Park as well as BLK Sports have sponsored Tegan and together supplied her with her netball shoes, training gear and clothing.
This year Tegan was once again selected to play for the Samoan Under 13 Netball Team. When I asked her mother for some background on her daughter she sent us this:
"Since year 7, Tegan has represented Papakura for reps in the #1 team each year. This year she was awarded the Most Promising Young Player overall for Papakura. Her College Premier Club team won the presidents round, championship round and most goals. Her Year 9A school team won their division and also won C section at the U15 national tournament held in Taranaki. She has just been selected in the #1 team for Auckland Samoa U13 netball team to play in the Pacifica Cup on the 1st October 2016 and also made this team in 2015."
We have asked Tegan and her mother for permission to explain her health issues:
"Tegan is a type 1 diabetic and was diagnosed at the age of 6. She is insulin dependent, which is issued by a pump. Since being diagnosed, she is constantly working hard to keep her blood sugars under control which isn't always easy."
Tegan never asks for sympathy or favours due to her illness. She uses it as strength, which is commendable!
We believe we have a Silver Fern in the making here.
Silver Ferns Clinic
On the 21st of September 2016 we have 6 Silver Ferns coming to St Kentigern College to conduct a coaching clinic for 80 of the children from our schools. Watch this space!
We conducted this Clinic in 2015 and this year we were again approached by the Silver Ferns management to repeat the clinic. Thanks to New World Eastridge and BLK Sports (two sponsors of the Silver Ferns), and Breakfast Club we are able to make this happen. Rotary Epsom and Auckland East will generously cover the cost of the feeding for the children and the Silver Ferns.
Bay to Bay Run
Crackerjack Kids
Merry Christmas from the Breakfast Club!
Christmas Store 2018
Ever wondered what a week in the life of Breakfast Club looks like?
Newsletter May 2018… what have we been up to & what are we going to do next?
How the Christmas Store went & the Bay to Bay Fun Run
Designed by Method | Copyright Breakfast Club 2021
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Join our mailing list to receive the latest news and updates from our community.


These are mortgages for properties that you let or wish to let and the mortgage lender uses the rent you will receive for the property to assess affordability, they may also take the landlords personal income into account.
Due to the tax changes in 2016 & 2017, the assessment of rental income affordability has tightened up with most lenders so please speak to us early so that we can calculate this for you.
Buy to let mortgages generally require higher deposits than residential mortgages and carry a slightly higher interest rate.
They are readily available on either interest only (no capital is repaid) or capital repayment.
The term is usually available to an older age than with residential properties because the affordability is based on rental income rather than personal income.
There are a few lenders who do not require the applicants to have any specific level of personal income too.


The Islamic Revolution Guards Corps (I.R.G.C.) media outlets continue to justify and encourage attacks by Yemeni Houthi rebels against Saudi Arabia. I.R.G.C.-affiliated Fars News Agency, for example, ran a number of news stories and commentaries today glorifying the Houthis' latest attacks against Saudi military targets, including a recent attack targeting a Saudi warship and a scud missile that the Houthis claimed hit a military base near the Saudi capital. Saudi officials rejected the Houthi claims that its missile hit a base close to Riyadh.
"Although America and Saudi Arabia are trying to confine the [boundaries of] war to the Yemeni shores instead of Saudi territory, the launch of Borkan-2 ballistic missile sent a message that the circle of war options are open to the Yemenis," Fars wrote in a lengthy article. It also warned the U.S. military about the implications of deepening its involvement in the Yemeni war.
Last month, the Australian government released photographs that showed anti-armor weapons seized near the Yemeni coast were manufactured in Iran. Analysts who surveyed the findings claim that the weapons confiscated match Iranian-made rocket-propelled grenade launchers used in Iraq and Ivory Coast in 2015. In November, another report published by the UK-based Conflict Armament Research (CAR) indicated an arms "pipeline" originating from Iran extended to Yemen and Somalia. And in October, U.S. officials reported on the seizure of five shipments of Iranian weapons destined for Yemen.
Indeed, Iranian officials no longer make secret of their attempt to prevent Saudi Arabia from succeeding in Yemen. Two months ago, Iran's former ambassador to Iraq, Hassan Kazemi-Qomi admitted that Tehran "assisted the region's oppressed people, including in Yemen." In an interview with conservative Mashregh newspaper, he warned that Iran's national security would be compromised if Riyadh succeeded in Yemen.


Admittedly, these guys are unique. It's an innovative post-sec option and there are not many foundations focused on that topic, but the conversation wasn't unique. For many nonprofits, it seems to be harder to find a foundation willing to look at a proposal. The shift to 'strategic philanthropy' over the last decade has, by design, made foundations less random and more selective. The 'professionalization' of philanthropy has helped move the needle on some big challenges.
The development of philanthropic consulting services has clearly improved the impact of the sector. Bridgespan, McKinsey, Parthenon, and others all regularly support the development of foundation strategic plans. All of the big national foundations are smarter than they were a decade ago about measuring and investing for impact. However, the increased focus may have made the sector less responsive, less entrepreneurial, and more risk averse.
The increased focus on a strategic plan has made some foundations less capable of identifying and responding to a good idea that comes in over the transom–if it doesn't fit the plan, it doesn't get funded. That's part of the planned shift to be more selective and create a portfolio of aligned grants that result in a big shift in outcomes. But it's also creating more missed opportunities and, in some categories/areas, making it harder to launch innovative new programs.
Compared to strategic philanthropy, venture capital is highly responsive. After picking categories, return-seeking venture investors typically sift through inbound funding requests in search of the best ideas and teams. Much of philanthropy has chosen a wise elder strategy. Venture investing is a bet on the best of the market. The former has the benefits of creating an aligned portfolio, the latter has the benefit of selecting a basket of high performers.
The attempt to be more strategic appears to be making some foundations less entrepreneurial. In many foundations, very smart people have very little authority. Proposed investments are bundled several times each year and presented to a board for approval. That limits the response time and latitude of what is often a talented and committed group of staffers. The market is moving faster but foundations are moving slower. If it doesn't fit the plan and the proposal timeline, it doesn't get funded.
It also appears that some foundation are taking less risk when they should be taking more risk. Philanthropy has two advantages over public and private capital, it can take a long view and it can take risk. I see more of the former and less of the latter.
My young friends (in the opening paragraph) were basically told, "Come see us when you don't need the money and we'll help scale." Some foundations are leaving early stage investing and moving to the 'growth capital' stage where much of the risk has already been extracted from a deal. Again, this has real benefits; the nonprofit world needs access to growth capital (both grants and debt), but there is a real sector cost when it comes at the expense of the startup space and support for real innovation.
Foundation risk aversion also makes grantees likely to abandon a good idea for a better idea. In venture investing, a good team will iterate to the best possible niche even if it's very different than the original pitch. That doesn't happen as often in philanthropy. Even when a grant recipient knows they are suboptimizing they will often stick with the grant program and agreement. A more entrepreneurial approach to philanthropy might include milestone funding and periodic evaluation of alternative approaches.
Focus and measurement are key to high impact, but for philanthropy to have a shaping (not just responding) influence, it needs to be more dynamic. Taking six months to build a three year plan just doesn't make sense any more. When innovation occurs in so many unexpected places, philanthropy needs to be more responsive.
A vibrant economy that promotes opportunity and equity requires a vibrant startup sector–both return seeking and impact seeking. It's time for strategic philanthropy 2.0–a basket of more dynamic, risk-taking, entrepreneurial approaches to making a difference.


Do you have a great idea or product?
If you are someone with a great idea, we want to hear from you.
Since we are a diverse group, we do not focus solely on one industry. Rather, we look for enterprises that are in the early stage of rolling out a unique (preferably proven) product or concept that has the capacity to create a strong market demand throughout Australia and hopefully internationally.
Hunter Angels do not normally invest in Seed Stage companies. We might invest in start-up stage but more likely at first stage and beyond.
Hunter Angels meet on a regular basis to view presentations from companies that have been selected from the various applications we receive.
Read our investment criteria and funding process and if you are ready for investment, please fill in and submit an application.
Q1. What is your product/service?
Q2. At what stage of development is your product?
Q3. What is the IP, how is it protected and which entity owns the IP?
Q4. Which market sector is your focus? Who is the primary customer?
Q5. What go to market plans do you have over the next 3 years?
Q6. Why do you believe you will be (have been) successful in this sector?
Q8. Who are your competitors and what value do you offer customers they don't?
Q9. What opportunities for growth do you see for your business; where will that growth occur, what level of growth & in what timeframe?
Q10. What has been your experience and track record in growing a small business into a large one?
Q11. What capital, knowledge, experience, contacts & skills do you require from the Hunter Angels?
Q12. What quantum are you seeking from us and in return what % equity in the business?
Q13. How will our investment be used and when will we recoup our investment and at what returns?
Hunter Angels do not invest in Seed Stage companies. We might invest at Start-Up Stage but more likely at First Stage and beyond.
Your idea, product or service provides a solution to a real problem or issue in the market. Ideal if the selling proposition is driven by regulation or standards.
The business has a large market potential and a lucrative niche.
The business is operating with cash flow.
A rigorous and well researched business plan is essential.
Verification and ownership of IP is essential.
The business is within driving distance.


text:
A Weekend in Port Jervis
Andrew Frey
Blog Hudson Valley
A mother and daughter overlook the city of Port Jervis at Elks-Brox Memorial Park. | Photo Courtesy of Andrew Frey
Kneeling down to tighten the laces of my boots, I breathe in the crisp autumn air. It's a brisk day in Orange County, but the perfect day for a hike. I study a large trail map on a kiosk in the parking lot. Several others do the same, including a couple on mountain bikes accompanied by their small dog. Checking one last time that I have everything I'll need for today's adventure. I pick up my gear and hit the trails of the Port Jervis Watershed Park and Recreation Area.
Port Jervis Watershed Park and Recreation Area
Maintained by the Outdoor Club of Port Jervis, the 307-acre Port Jervis Watershed Park and Recreation Area provides drinking water for the city of Port Jervis, but it also has an extensive trail system neighboring the 186-acre Elks-Brox Memorial Park, with its picnic areas and additional trails, including to the top of Point Peter.
Led by Mike Ward, President of the Port Jervis Outdoor Club, I trek the Turntable Trail, named after the historic Erie Railroad Roundhouse Turntable of Port Jervis, the largest, longest operating turntable in the eastern U.S. and still fully operational! A trail recommended for "advanced" hikers, the mile-long path summits at the Point Peter flag, the conclusion of our expedition. Along the way, Ward chronicles the development of the Port Jervis Watershed Park and Recreation Area and the historic river city more than 820 feet below us. I learn of ProAm fat tire and mountain biking competitions throughout the year, regular guided hikes with Outdoor Club volunteers, guided full-moon hikes, and special events like the Halloween-themed Monsters on the Mountain lantern hike. I also hear of occasional encounters with black bears and timber rattlesnakes, but Ward assures me these encounters are very rare.
Outdoor Club of Port Jervis President, Mike Ward at Elks-Brox Memorial Park in Port Jervis, NY. | Photo Courtesy of Andrew Frey
Nearing the top of the trail, glimpses of the city begin to appear through the thinning trees. Atop Point Peter, panoramic views of the Shawangunk and Kittatinny mountains and the Delaware and Neversink river valleys seem endless. For miles, shades of orange, red, yellow, and green color the surrounding highlands, farmland, forests, rolling hills and lush valleys. At their base, the Neversink and Delaware rivers ramble through the sleepy city of Port Jervis to their confluence, which sits at the tri-state junction of New York, New Jersey and Pennsylvania.
Hiking the Turntable Trail at the Watershed Park and Recreation Area. | Photo Courtesy of Andrew Frey
A view of Port Jervis from Turntable Trail in the Watershed Park and Recreation Area. | Photo Courtesy of Andrew Frey
Families picnic at the scenic overlook. The mountain bikers and pup I saw earlier today rest and adjust their gear. As Ward and I take in the view, he points out the sights, including Riverside Park, the Port Jervis Pump Track, the Erie Railroad Roundhouse Turntable and Veteran's Park. We can even see High Point State Park, the highest point in New Jersey.
Before we begin our descent toward the parking lot, several cars pull up at the lookout via Skyline Drive, which begins at East Main Street in downtown Port Jervis and allows an easier route to the beautiful views.
A view of Front St. in Downtown Port Jervis. | Photo Courtesy of Andrew Frey
Downtown Port Jervis
Following my morning trek, I head to Front Street to spend an afternoon exploring the city of Port Jervis.
The southern end of the Upper Delaware Scenic Byway, Port Jervis serves as the gateway to the Upper Delaware River. The city has been a transportation center for hundreds of years, first as a stop on the Old Mine Road, the first 100-mile road in America, then as a port on the Delaware and Hudson Canal, supplying coal to New York and Philadelphia, and finally as a division center for the New York and Lake Erie Railroad.
Today, the town is going through a renaissance with new eclectic boutiques, restaurants, a brewery, and now Foundry42, a retail space that offers a cafe setting and interesting articles for sale. I stop in for a cup of coffee and peruse their selection of eclectic home furnishing and handcrafted products, before taking home a large shopping bag of locally-sourced goods like maple and fig jam from Finding Home Farms, cocoa coffee chipotle peanuts from Forkin' Good Nuts, and fresh ground coffee.
Established in 2016 by Cooper Boone, Foundry42 is a representation of the owner's mind map; a creative workshop, food, gathering, entertainment and education. Explore the Loft at Foundry42 and discover countless programs and events for kids and adults throughout the year. The exhibition space houses entertainment, specialty events like Psychic Sundays and weekly Storytime, classes like Kids in the Kitchen with Cooper, and private rentals!
Foundry42 is also home to the Foundry Theatre Company! Taught by former Broadway and television actors, Foundry's theatre arts training courses offer professional, educational experiences to build curious, creative, and confident young artists and people.
Experience the workshop and home furnishings retail space with many items being produced by the Foundry42 team, and take home some feel-good baked goodies!
Fox N Hare Brewing Co.'s "Hop Head" decorates the wall above cozy corner. | Photo Courtesy of Orange County Government
Sampling a flight of the extensive list of brews on tap at Fox N Hare Brewing Co. | Photo Courtesy of Orange County Government
Two storefronts away is Fox N Hare Brewing Co., a taproom and restaurant serving a variety of delicious brews with a high-energy, bohemian vibe. After sampling a flight of the extensive list of brews on tap, I end my visit with a delicious Erie Canal burger for dinner at the nearby, historic Erie Hotel and Restaurant.
Stay at Cedar Lakes Estate
A true hidden gem of the Hudson Valley, Cedar Lakes Estate is a timeless, private estate that hosts modern events and retreats. Following a long day of hiking and downtown fun, I check-in to the poolside Cabana. The cabin-like accommodation offers luxury amenities like an espresso machine, fireplace, and washer and dryer, not to mention a breathtaking view of a moonlit lake and surrounding mountains from its doorway. Across from the pool are picnic tables and hammocks, illuminated by a string of lights. I lounge in a hammock and sway beneath the stars.
Guests can also "Glamp" in camp-style houses! Enjoy traditional bunk beds, but not so traditional plush mattresses and modern decor. Comforts include simple bathrooms located inside of each camp-style house, as well as Casper mattresses, fresh towels, linens, and toiletries.
Across the vast, 500-acre property, Cedar Lakes Estate also hosts unforgettable weddings, events, and retreats throughout the year. Ceremonies, receptions, and events take place on The Mountain Top with a view of the Shawangunk Mountains, the Pavillion, The Barn, a modern 5,400-square-foot barn with floor-to-ceiling glass windows, The Treehouse, and more.
Inside the cozy Cabana at Cedar Lakes Estate. | Photo Courtesy of Andrew Frey
A scenic view of the foliage at Cedar Lakes Estate. | Photo Courtesy of Trevanna
Take the Train to Port Jervis in Orange County
Ride Metro-North/NJ Transit to Port Jervis Station in the Hudson River Valley. Metro North/NJ Transit service to Port Jervis is accessible at New York Penn Station where connections are also available from Long Island Railroad and out of state Amtrak trains.
From Port Jervis Station, Front Street and downtown Port Jervis are a 5-minute walk.
Uber and Lyft are also available to and from the Port Jervis Watershed Park and Recreation Area, historic sites and other points of interest.
What to Do in Port Jervis
An extensive trail system throughout the Port Jervis Watershed and Elks-Brox Memorial Park, offering natural trails and dramatic vistas of the Shawangunk and Kittatinny mountains, and the Delaware and Neversink River Valleys.
Distance from Port Jervis Station: 1.4 Miles
Skyline Dr., Port Jervis, NY 12771
Foundry 42
A stylish home furnishings retailer, Foundry 42 expands beyond their handcrafted merchandise with a coffee bar, baked goods, theater and workshops.
42 Front St., Port Jervis, NY 12771
Port Jervis Pump Track
A continuous loop of asphalt, mounds and curves allowing for endless riding. Rent a bike from the nearby Action Bikes and Outdoors, or bring your own gear, and hone your skills before hitting the trails. For all ages. Free!
81 King St., Port Jervis, NY 12771
Erie Railroad Roundhouse Turntable
The longest operating turntable in the eastern U.S. The fully operational turntable is close to the Port Jervis Metro-North station.
78 Pike St, Port Jervis, NY 12771
Where to Eat in Port Jervis
The Erie Hotel & Restaurant
An historic hotel, restaurant and bar located in the heart of downtown Port Jervis, The Erie Hotel & Restaurant has been a beloved staple in the community for over 100 years.
9 Jervis Ave., Port Jervis, NY 12771
Fox N Hare Brewing Co.
A microbrewery and restaurant with handcrafted beers, delicious eats and a welcoming atmosphere. Fox N Hare Brewing Co. is the perfect place to enjoy tasty meals made with locally grown food, and to enjoy beers with friends.
Fogwood + Fig
A café serving vegan, house-crafted and seasonal comfort food including creative sandwiches, burgers and whole meal bowls, in a rustic, cozy setting.
Where to Stay in Port Jervis
Cedar Lakes Estate
Cedar Lakes Estate is a timeless, private estate that hosts modern events and retreats. Enjoy luxury overnight accommodations, outdoor activities and breathtaking views of tree-lined lakes, rolling green hills and stunning mountains in the heart of the Hudson Valley.
1 Team USA Way, Port Jervis, NY 12771


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You are here: Home / BLOG / setting policy on religious holiday leave in compliance with u s federal...
setting policy on religious holiday leave in compliance with u s federal law
February 28, 2021 /in /by Joseph
Religion permeates society and daily life and, for many, it requires special considerations in the workplace. In organizations with a diverse workforce, employees may identify themselves as Christian, Jewish, Muslim, or members of other religions. Increased religious diversity in the workplace has led to a doubling in the number of religious discrimination claims over the past decade. Title VII of the Civil Rights Act of l964 prohibits employers—in matters of hiring, firing, and other terms and conditions of employment—from discriminating against individuals because of their religion.
For this assignment, you are to take the role of a leader in an organization. This may be an organization with which you are affiliated (as an employee, student, or volunteer, for example); or, if you do not have an affiliation with an organization, you may select a well-known company operating in the United States. Describe the organization and familiarize yourself with it so that you can write your responses based on the organization's policies.
Prepare a policy brief that clearly defines how the organization will accommodate requests for religious holiday leave. Read this fact sheet from the EEOC in preparation for your assignment: EEOC (2010) Facts about religious discrimination. (Links to an external site.)
Include the following in your policy brief:
Describe "religion" as defined by the EEOC and Title VII.
Describe the legal requirement to accommodate requests for religious holidays, and give examples of these types of requests.
Explain the obligations on the part of the employer and employee regarding notification of religious leave.
Explain how the policy will be communicated to all employees.
Articulate the specific policy language you wish to have approved by senior and executive leadership.
Offer an explanation of how employees and leaders will communicate and resolve scheduling conflicts that may arise as a result of multiple requests for leave.
Explain how you will communicate this policy to your employees.
Paper Requirements:
Your well-written paper should be 3-4 pages in length, not including the required title and references pages.
Include two scholarly references (not assigned for this module) that support your policy statement.
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Welcome to Bronwyn Harris Copy Editing! The breadth of my teaching, editing, and writing experience sets me apart from others in this field.
As an educator, I have experience not only in writing, proofreading, and editing, but also in addressing the underlying issues that make up a piece of writing, including tone, mechanics, and content. In addition, my passion for the field has led me to learn more and constantly seek to perfect my skills.
Sandoval, Annette. 2014. Women Are Like Chickens: A Novel.
Penner, Emily K. 2012. "Education Policy and Conflict in Latin America: Lessons from Chile and Venezuela." Pp. 181-212 in Economic Development Strategies and the Evolution of Violence in Latin America (William Ascher and Natalia Mirovitskaya, Eds.) New York, New York: Palgrave Macmillan.
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We offer the lowest contingent rates available in the industry. When we collect your money, we take a small portion for our efforts. If we are unable to recover your money, we do not charge you for the attempt.
We have found that a straightforward, professional approach to debt collection produces far better debt recovery results than the traditional strong-arm tactics. The unique approach and strategy used by our debt collection negotiators produces quicker payment from your debtors. If your debtor is still in business, we feel you have a 90% chance of recovering your money. An account that may seem hopeless or destined for lengthy litigation may be resolved amicably through persuasive communication and with a voice of reason. Anyone can threaten legal remedies, but it is knowing how and when to use this information that demonstrates our talent.
Our talented negotiators and Agent bring a robust and imaginative approach to collecting your debt. When negotiating, we are not limited by a lack of imagination. We are able to resolve any legitimate dispute or reason for delay and create workable solutions to recover your money. Collections generally consist of debtor companies mailing their checks to us. However, given unique situations or requirements, payment or satisfaction of debt may require imagination and expertise, i.e., accelerated payment arrangements, wire transfers, trades/returns with re-stocking fees, stock transfers for payment, etc. We have the experience and talent needed to recover your money.
When needed, we can sue your debtor wherever they are located. Not only do our collections Agent's litigate your account, but they execute the judgment afterward. They are very aggressive in their approach and help bring the legal ramifications of non-payment to bear against your debtor.
For those difficult-to-find debtors we have established relationships with private investigators who will find your debtors and their assets for a reasonable fee.
We make sure our debt collectors have sample time in their scheduling to allow them the opportunity to go the extra mile and provide you with the personal touch needed to make our relationship work. We believe in getting feedback to you as quickly as possible. Instead of mailing you a form letter that generalizes a dispute your debtor may have with you, we call, fax and/or E-mail right away to detail the situation for you and receive your instructions. This immediate feedback is not only informative, but it is essential to collecting your debt. We have learned the importance of quick and decisive action. The quicker we respond, the better our chances of recovery.


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Payne's career game helps Florida beat No. 4 Auburn 69-47
Ingram's free throws lift Central Florida over South Florida 55-54
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Home NBA Miami Heat Can anyone stop the Lakers? Maybe the Bucks?
Can anyone stop the Lakers? Maybe the Bucks?
By Sports Talk Florida -
VIDEO FROM BALL MOVEMENTS VIA YOUTUBE – FOR MORE HIGHLIGHTS CLICK HERE
LOS ANGELES – AP – No team in the NBA has a better record than the Los Angeles Lakers, who are off to a 19-3 start. LeBron James looks very much like an MVP candidate. They are grabbing headlines almost every night. There is a buzz around them again.
The Lakers have been so good, in fact, that they've manage to cast a shadow over Milwaukee.
Just like the Lakers, no team in the NBA has a better record than the Bucks, who are also off to a 19-3 start. Giannis Antetokounmpo not only looks like an MVP candidate — he is the reigning MVP. They lead the league in scoring. They lead the league in field-goal percentage, rebounds and scoring margin.
So it's a mistake, even a disservice, to forget the Bucks.
The Lakers have earned every bit of their attention, of course. James is playing like a man on a mission. Anthony Davis might be the top early candidate defensive player of the year. They've won 10 in a row on the road, just the fourth time in franchise history they've put together such a streak.
"I believe in our guys," Lakers coach Frank Vogel said. "If we play to our abilities, there's nobody we can't beat and nowhere we can't get a 'W.'"
Same goes for the Bucks.
Maybe people are just used to the Bucks being good again by now. Maybe it's because they're in a small market or that their best player hails from Greece. Maybe it's because they were supposed to be great again this season. They won a league-best 60 games last season. Remember, they led Toronto 2-0 in the Eastern Conference finals and had a look at a 3-pointer with 9 seconds left in Game 3 for what would have been a 3-0 series lead. It missed, they lost in double overtime and didn't win another game for the rest of the season.
They, too, are driven. James is driven by a fourth ring and a desire to disprove the notion that he's washed up. The Bucks are driven by a bad week last year at the end and having to watch Toronto not only go to the NBA Finals but throw itself a parade for winning the title.
"We lean on our daily routines, lean on our process, just kind of get ready to come and play basketball, do what we do every day," Bucks coach Mike Budenholzer said. "Take care of the defensive end of the court, play unselfishly, all the things that we preach and good things usually happen when you kind of follow that."
If history holds up, it'll be either the Bucks or Lakers celebrating come June.
This is the seventh time that at least two teams have gotten off to 19-3 starts (or better) in the season's first 22 games. The most recent was 2008-09, with the Lakers (19-3), Cleveland (19-3) and Boston (20-2). In 1996-97, it was Chicago (19-3) and Houston (19-3). In 1993-94, Seattle (20-2) and Houston (21-1). In 1985-86, the Lakers (19-3) and the Celtics (19-3). The Lakers and Celtics were both 19-3 again in 1972-73. So were the Lakers and Bucks in 1971-72.
In the previous six instances, the NBA champion was one of those 19-3 or better teams five times — the Lakers in 2009, the Bulls in 1997, the Rockets in 1994, the Celtics in 1986 and the Lakers in 1972. The only year where a different champ emerged was 1973, when New York wound up beating the Lakers.
This time last year, the Lakers were 13-9 and looking like a playoff team — which they were until James got hurt on Christmas and everything fell apart. This year the Lakers know they can be elite.
"It's a good start," James said.
The Bucks, meanwhile, just keep rolling along relatively quietly. They entered the year slated to have nine fewer nationally televised games than the Lakers — those numbers could change a bit, given how the national outlets are dropping Golden State games like wildfire with the Warriors now at the bottom of the standings.
Antetokounmpo won the MVP vote easily last year and his numbers are even better so far this season — sans for an inexplicable dropoff in his free throw percentage. Go figure: He's now starting to make the 3-pointer, the former supposed "weak" link in his game, but he's bricking free throws at a baffling rate.
"He's in a good place," Budenholzer said. "He just needs to keep playing, taking what the game gives him."
That's the Bucks. Understated, all business, almost quiet.
The Lakers, they're certainly not understated. There's nothing quiet about them.
They took different paths to the best record in the NBA at the quarter-pole. But it wouldn't be wise to think that the team that isn't from Los Angeles isn't capable of this season's Hollywood ending.
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The Federal Roads Safety Commission has announced the commencement date for the screening and physical fitness assessment for applicants in its ongoing recruitment exercise.
The screening and physical fitness assessment will start from Monday 24 and end on Saturday September 29, 2018.
The recruitment exercise was started on May 28, 2018 with the uploading of the application forms on the FRSC recruitment portal.
In the announcement made by the Corps Public Education Officer, FRSC, Mr. Bisi Kazeem, applicants are advised to check their emails used for the submission of the applications on Wednesday 19 September 2018 for information on the screening and physical fitness assessment.
The email information, he said, would contain the venue, date, time of screening and required items to be taken along for the exercise.
He said shortlisted applicants would be required to come with the summary data page earlier received and email notification slip which shall admit them to the screening venue.
Kazeem warned that any candidate without the print out of the summary data page and notification slip for the phase of the exercise would not be admitted into the screening venue.


text:
Q: HTML DOM Javascript not working? I have a drop down menu that, when clicked, successfully changes the image's thumbnail. But, I also need the
 text to change. I looked at W3Schools, and still to no avail. Here is my code.

<select name="woodType" id="woodType" onChange="changeThumbnail();changeCaption(this);">

The text will NOT change.

A: Try the following :

You should use innerHTML property to set or return the text of the
 element.

A: .text is property of option elements not p.To set p text you should be using .innerHTML,
function changeCaption(selTag) {
    var caption = selTag.options[selTag.selectedIndex].text;
    document.getElementById("caption").innerHTML = "Wood: " + caption;
}

DEMO

A: document.getElementById returns a reference to a DOM element. You can think of few candidates you can use on the Element object namely textContent, innerHTML and innerText (not working in Firefox)
If you read the article here and documentation on developer.mozilla.org you'll notice that its better use textContent than using innerHTML for your requirement.
In the Mozilla documentation for innerHTML under security considerations it says,

It is recommended you not use innerHTML when inserting plain text;
  instead, use node.textContent. This doesn't interpret the passed
  content as HTML, but instead inserts it as raw text.

redpajama_set_name: RedPajamaStackExchange


text:
E-Commerce Regulation
Contracts and Transactions in E-Commerce: Module 1 of 5
Module 1: Contracts and Transactions in E-Commerce
The digital age has created numerous new commercial opportunities. Common business transactions can be accomplished with the click of a button, and agreements can be made and carried out entirely online. However, the technological changes that have revolutionized modern commerce also raise novel legal issues, particularly pertaining to the form and enforceability of contracts made and carried out electronically.
Websites face potential legal liability and other adverse consequences for several common activities in digital commerce. In this first module, we begin with a discussion of contracts of adhesion and their use in web and software-based agreements. Next, the discussion turns to best practices and policy guidelines that regulators have developed for electronic transactions and the model laws created for e-commerce agreements. The analysis then concludes with a discussion of how the law has developed to address contracts made in electronic form, including the validity of digital signatures and electronic records.
Contracts of Adhesion in Digital Commerce
The internet age has given rise to entirely new forms of contracts, as well as new ways that e-commerce companies and their customers trigger contractual liability. Online companies often manage this liability by publishing documents explaining the terms of the website. It is now a standard practice in e-commerce to require customers to abide by published "terms and conditions of use" or "terms of service" to conduct transactions on a site or sometimes even to browse it. These documents are used to explain what a website may and may not be used for, and customers are permitted to view and use the website upon the condition that they follow the published terms of service. Websites also commonly publish notices and disclosure documents required by consumer protection regulations.
This express disclaiming and limiting liability is an important way that e-commerce sites manage risk. However, whether they always stand up to a legal challenge is a different matter. Many of these contracts qualify as "contracts of adhesion," meaning that the offeree (in this case, the website user) must either agree to or refuse all the offered terms. These contracts typically offer no bargaining power to the consumer, and as a result, courts tend to view them with increased judicial scrutiny.
The software industry has shifted the notion of assent in contractual agreements from traditional oral or written formats to more abstract means. In fact, the tech industry gave rise to an entire category of contracts that originated with what is now known as "shrinkwrap" agreements. Shrinkwrap agreements are made when the offeror – a software company, most often – lists terms of use and other requirements on its packaging, and the offeree manifests his or her assent by opening the plastic wrapping around the package. These agreements have evolved into several forms, each of which requires a customer to manifest assent by engaging in some intentional conduct. For example, some websites require visitors to accept their terms and disclosures by clicking "I agree" or a similar prompt that appears on web browsers' screens. These agreements, deemed "clickwrap contracts," require website users to consent to the website's terms by action - the click of a button. "Scrollwrap agreements" also require web browsers to accept terms and conditions before using a site. However, rather than clicking a button, scrollwrap requires consumers to scroll through the contract before it is deemed accepted.
So long as clickwrap agreements provide consumers with sufficient detail of the site's terms and conditions, acceptance by click is considered valid, and these agreements are typically enforceable. Likewise, scrollwrap contracts also create legally-binding agreements so long as they are structured in a manner that requires clearly demonstrated assent by action. Although they qualify as contracts of adhesion, they meet the standards of notice and voluntary acceptance necessary to create binding agreements.
Some websites require consumers to agree to terms and conditions simply by accessing the content. Because they do not require the same degree of volitional acceptance as clickwrap and scrollwrap agreements, these so-called "browsewrap agreements" are often invalidated by reviewing courts. Generally, the standard for enforceability of clickwrap, scrollwrap, and similar agreements is whether the customer had a reasonable opportunity to review the offer and manifest assent by some demonstrable means. Browsewrap contracts will only hold up if a website user has actual or constructive knowledge of the site's terms and there is evidence of assent. If these fundamental elements of notice and volitional acceptance are not shown by the facts, the websites' terms of use and other representations are unenforceable.
Best Practices and Policy Guidelines for Electronic Transactions
The field of e-commerce law is relatively new.[15] However, over time, courts and regulatory agencies have developed recommended best practices and guidelines for e-commerce sites to ensure fair dealing in digital transactions. By following these guidelines, websites can help ensure that both their stakeholders and their customers are properly protected during their electronic dealings.
Even though the Federal Trade Commission rules on mandatory disclosures were first developed to apply to brick-and-mortar establishments, they apply to domestic transactions accomplished electronically as well. In 2000, following a public comment and rule making procedure, the FTC issued its "Dot Com Disclosures" guidance document. This policy statement clarified that the FTC's rules and regulations promulgated under the Federal Trade Commission Act apply to virtual activities just as they do in the "real world."[16]
The FTC requires all legal disclosures made electronically to be clear and conspicuous. This means that online representations must be near the website's product or service, appear for a sufficient duration or be unavoidable to web viewers, and be presented in a form that the average web consumer would be able to understand.[17] For example, if the terms of use are hyperlinked rather than spelled out on the screen, the link should be clearly visible and properly labeled. Likewise, if web browsers access web content via mobile devices, the disclosures must be presented in a manner that is clear on small screens.[18] The agency places the responsibility on the website owner to ensure that consumers receive proper notice of mandatory disclosures, so e-commerce sites should regularly review consumer behavior to make sure their legal rights are properly protected.[19]
It is the website owner's responsibility to understand which industry-specific agency rules apply to the online business.[20] It is also the website owner's responsibility to ensure that the customers are properly informed, so disclosures must be clear. If necessary, information should be repeated to ensure online consumers receive proper notice, and any website offering online purchasing options is responsible for making sure that customers are fully aware of their rights and obligations before they buy.[21] The FTC does not distinguish between representations, warrantees, or advertisements made online or in print, so e-commerce companies must be able to demonstrate that all online claims are truthful, fair, and capable of being substantiated by objective evidence.[22]
Models for e-Commerce Agreements
To be legally enforceable, electronic agreements must comply with the standards established by legal precedent in the common law and the Uniform Commercial Code. Because digital transactions don't always fit squarely in the traditional structure under which these rules developed, the National Conference of Commissions on Uniform State Laws has developed a model law designed to integrate digital transactions into the framework established by the UCC.[23] The model law, dubbed the Uniform Computer Information Transactions Act, attempts to harmonize contracts common in cyberspace, such as hyperlinked agreements, affiliate agreements, licenses, mandatory disclosures, terms of use, and online shopping and bidding agreements, into the existing legal infrastructure governing contract law.[24]
This uniform act was originally drafted in the late-1990s, and it aimed to create a uniform set of standards for information technology transactions that don't fit squarely within the UCC's rule regarding the sale of goods. Despite its potential usefulness, however, it was never widely adopted. Critics complained that it was too dense and confusing to be practical and that its limited scope and many loopholes made it possible for software companies to carry out questionable business practices.[25] In response to these concerns, the American Law Institute drafted its own model law, the Principles of the Law of Software Contracts.[26]
The Principles address four common legal issues in electronic contracting:
- The identification and nature of digital transactions,
- Contract formation and industry best practices,
- The application of federal intellectual property law and electronic contracting, and
- Specific issues of e-commerce law pertaining to warranties, remedies, and transfer.[27]
Rather than following the codified structure of the UCC and original model statute, the Principles are designed like a Restatement, which is a series of rules written by experts as to what the law is in an area, rather than as a model code.[28] They are meant to provide guidance to courts and lawmakers addressing issues common in electronic transactions, and they have proven to be a useful tool in the review of contracts in e-commerce.
For example, the Principles offer a test for determining whether an e-commerce business is dealing primarily in goods under Article 2 of the UCC or in software contracts that are more properly addressed by federal intellectual property laws. Known as the "predominant purpose test," it looks at whether the predominant factor, thrust, and purpose of the contract, reasonably stated, is the rendition of a service, with goods only incidentally involved, or is a transaction of sale, with labor incidentally involved. [29]
In addition to providing an authoritative source on the proper nature and scope of electronic contracts, the Principles address the procedures for the formation of these agreements. The formation rules for electronic agreements and software licenses are broad, allowing for the creation of enforceable agreements by any methods the parties choose.[30] The Principles also allow for so-called "rolling contacts" in which customers agree to different terms at different times.[31]
For example, Hill v. Gateway 2000 involved a customer who purchased a computer over the phone. When the computer arrived, the box included Terms of Service that included a 30-day satisfaction warranty. The plaintiff became unsatisfied after the warranty period had elapsed and sued for the return of his money, arguing that the 30-day warranty should be an unenforceable supplemental term that was added after the contract for sale was formed over the phone. The court disagreed, finding that the parties had a rolling contract to which the customer assented, first over the phone and then again - to the supplemental terms - when he opened the box and kept the product beyond the thirty day period.[32]
Filling Gaps and Interpreting Electronic Agreements
Like the UCC, the Principles offer helpful "gap-fillers" and "battle of the forms" provisions.[33] They apply the standards for physical records found in UCC § 2-207 (applicable when terms of the acceptance vary from those of the offer) to electronic records, but provide special rules for cases where software or other protected electronic property is transferred to a third party.[34] These clarifications are particularly significant in electronic contracts, as in the past, third-party transferees have argued that they cannot be bound to the terms of service agreed to by the original purchaser.[35]
Regarding interpretation of electronic agreements, the Principles provide an objective interpretation rule that instructs courts to begin with the language of the agreement. If the agreement does not address the issue under dispute, courts should then consider the parties' actions during their performance under this contract and/or their prior course of dealing. If the agreement of the parties is still not clear, a court may look to applicable trade practices in the industry.[36] If the parties to a digital contract disagree over the meaning behind specific words or conduct or the agreement is ambiguous regarding a fundamental term, courts can consider evidence of the parties' subjective knowledge and intent at the time the agreement was made.[37]
Finally, the Principles clarify the standards of performance for software contracts, including what qualifies as a breach of the agreement and the remedies available in the event of breach. It defines breach as a party failing to perform as promised without legal excuse.[38] This definition is consistent with UCC Article 2 and the common law, but it also includes key clarifications regarding agency and warranty issues that commonly arise in digital transactions.[39] In determining whether a breach is material, thus warranting cancellation of the contract, the Principles outline six factors in determining materiality. Examples include a supplier's failure to disclose a material defect and the contracts' failure to perform its essential purpose.[40] Additionally, the rule stipulates that providers of software that provides electronic services cannot program the software to disable itself automatically unless the customer has actual or effective notice of this possibility.[41]
Digital Signatures and Electronic Records
Modern technology has altered the landscape of traditional contract law, and state and federal lawmakers have responded in turn. Nearly every state has enacted the Uniform Electronic Transactions Act, which sets forth the requirements for validating digital records and signatures on electronic agreements.[42] The Act was drafted in 1999 to remove unnecessary legal barriers to the growing field of e-commerce. It establishes the forms and types of electronic records and signatures that are considered equivalent to signed paper agreements.[43]
The Electronic Signatures in Global and National Commerce Act (often referred to as "E-Sign") is the federal counterpart to the Uniform Electronic Transactions Act.[44] This federal law officially legitimizes electronic records and e-signatures and prohibits courts from denying enforcement of a contract solely because the parties executed it electronically.[45] E-Sign also lays out the ground rules for validating the authenticity of electronic signatures and ensuring that digital agreements are not improperly modified.[46] First, E-Sign requires that the customer consent to engage in electronic communications or they must be sent on paper.[47] Further, a customer may demand an electronic record to be produced on paper or by other means and may withdraw his or her consent for electronic communications at any time.[48] Withdrawing consent, of course, does not negate already agreed-to terms, but it does prevent future binding electronic agreements.
Together, these laws establish the legal legitimacy of electronic signatures, communications, and records in digital transactions. Because most states had already adopted the Uniform Electronic Transactions Act by the time Congress enacted E-Sign, the federal legislature decided to include a provision that, where they conflict, the federal law typically defers to the uniform act's substantive requirements.[49]
Over the past decades, e-commerce has developed from an emerging industry to a regular part of our daily lives. Most of us purchase goods and services, post media, perform financial transactions, review proprietary information, and perform other important activities online on a regular basis. Fortunately, as electronic transactions have become more common, the law of digital commerce has developed solutions to some of the new issues raised by the internet age.
Despite the novelty of many electronic transactions, courts and legal scholars have worked out a relatively straightforward standard for review of contracts common in software and information technology transactions. Likewise, state and federal lawmakers have developed statutes setting forth requirements for validity and authenticity of electronic agreements and consumer protection agencies have created guidelines for mandatory disclosures and other best practices for fair dealing. These legal protections create a robust framework that helps to make sure e-commerce customers and businesses are protected in their daily activities.
In our next module, we will turn to privacy protections that are so important to online activities and transactions.
[1] See generally Simpson Grierson, "Internet and the Law: Enforceability of Browse-Wrap Terms And Conditions," Lexology, (April 4, 2013) https://www.lexology.com/library/detail.aspx?g=15f5f29e-3402-4601-a8f0-a01670d14898. Websites also commonly include Privacy Policy statements, which explain the types of information they may be collecting from visitors and customers patronizing the site. However, web privacy is a comprehensive legal subject matter in and of itself, and it is addressed separately in Module 3 of this course.
[2] Edwin W. Patterson, "The Interpretation and Construction of Contracts," 64 Colum. L. Rev. 833, 855-57 (1964)
[3] See Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991); Barnett v. Network Sols., Inc., 38 S.W.3d 200, 203 (Tex. Ct. App. 2001).
[4] Vault Corp. v. Quaid Software Ltd., 655 F. Supp. 750, 761 (E.D. La. 1987), aff'd, 847 F.2d 255 (5th Cir. 1988). Shrinkwrap agreements are most commonly forms of license, which is addressed in the section of this course dealing with intellectual property.
[5] What is a Shrink Wrap Agreement?, Legal Match, https://www.legalmatch.com/law-library/article/shrink-wrap-agreements.html.
[6] Berkson v. Gogo LLC, 2015 WL 1600755 at *16 (E.D.N.Y. April 8, 2015).
[7] Alison S. Brehm & Cathy D. Lee, "From the Chair: 'Click Here to Accept the Terms of Service,'" American Bar Association, (Jan. 2015), https://www.americanbar.org/publications/communications_lawyer/2015/january/click_here.html.
[8] Are Terms of Use and Other Online Agreements Real and Binding Contracts?, Business Law Post (Feb. 6, 2017), http://www.businesslawpost.com/2017/02/are-terms-of-use-and-other-online.html.
[9] Berkson, 2015 WL 1600755 at *26; see also Feldman v. Google, Inc., 513 F. Supp. 2d 229, 236 (E.D. Pa. 2007); I. Lan Sys., Inc. v. Netscout Serv. Level Corp., 183 F. Supp. 2d 328, 336-38 (D. Mass. 2002).
[10] See Barnett v. Network Sols., Inc., 38 S.W.3d 200, 203-04 (Tex. 2001).
[11] See In re Zappos.com, Inc., Customer Data Sec. Breach Litig., 893 F. Supp. 2d 1058, 1064-66 (D. Nev. 2012).
[12] See Van Tassell v. United Mktg. Group, LLC, 795 F. Supp. 2d 770, 790 (N.D. Ill. 2011).
[14] See Sw. Airlines Co. v. BoardFirst,LLC, No. 3:06-CV-0891-B, 2007 WL 4823761, at *5 (N.D. Tex. Sept. 12, 2007); see also Hines v. Overstock.com, Inc., 668 F. Supp 2d 362, 366-67 (E.D.N.Y. 2009).
[15] The Federal Trade Commission brought its first internet fraud case against a web-based company in 1994. Federal Trade Commission, The FTC's First Five Years Protecting Consumers Online, Executive Summary (Dec. 1999) https://www.ftc.gov/sites/default/files/documents/reports/protecting-consumers-online/fiveyearreport.pdf.
[16] 15 U.S.C. §§ 41-58; Federal Trade Commission, .com Disclosures: How To Make Effective Disclosures in Digital Advertising, 1-2 (March 2013), https://www.ftc.gov/system/files/documents/plain-language/bus41-dot-com-disclosures-information-about-online-advertising.pdf.
[17] Federal Trade Commission, .com Disclosures: How To Make Effective Disclosures in Digital Advertising, 6-9 (March 2013), https://www.ftc.gov/system/files/documents/plain-language/bus41-dot-com-disclosures-information-about-online-advertising.pdf.
[18] Id. at 10-14.
[19] Id. at 2-4.
[20] Id. The Commission issues industry-specific rules when it has reason to believe that unfair or deceptive practices are prevalent in such industry. 15 U.S.C. § 57a(a)(1)(B). As a result, over time the FTC has generated entire fields of consumer protection law that apply to transactions in nearly every commercial field.
[21] Id. at 7. See also id. at 4 (citing FTC Policy Statement on Deception, appended to Cliffdale Associates, Inc., 103 F.T.C. 110, www.ftc.gov/bcp/policystmt/ad-decept.htm; FTC Policy Statement on Advertising Substantiation, appended to Thompson Medical Co., 104 F.T.C. 648, 839 (1984), aff'd, 791 F.2d 189 (D.C. Cir. 1986), www.ftc.gov/bcp/guides/ad3subst.htm.
[22] 16 C.F.R. § 435.2(a); 16 C.F.R. § 255.0(b).
[23] Hans Anderson, Jeff Raymakers, & Jonathan Reichenthal, "The Uniform Computer Information Transaction Act: Ethical Issues in Software Contract Law, What is UCITA?," (March 2001) https://cs.stanford.edu/people/eroberts/cs181/projects/2000-01/ucita/index.html; see also I. Lan Sys., Inc. v. Netscout Serv. Level Corp., 183 F. Supp. 2d 328, 332 (D. Mass. 2002) (discussing challenges courts and legal scholars face keeping up with the pace of technological change).
[24] National Conference of Commissioners on Uniform State Laws, Uniform Computer Information Transactions Act (July 23-30, 1999), http://www.uniformlaws.org/shared/docs/computer_information_transactions/citaam99.pdf.
[25] Hans Anderson, Jeff Raymakers, & Jonathan Reichenthal, "The Uniform Computer Information Transaction Act: Ethical Issues in Software Contract Law, Controversy," (March 2001) https://cs.stanford.edu/people/eroberts/cs181/projects/2000-01/ucita/controversy.html.
[26] Hans Anderson, Jeff Raymakers, & Jonathan Reichenthal, "The Uniform Computer Information Transaction Act: Ethical Issues in Software Contract Law, The History of UCITA," (March 2001) https://cs.stanford.edu/people/eroberts/cs181/projects/2000-01/ucita/history.html.
[27] Am. Law Inst., Principles Of The Law Of Software Contracts (2010) [hereinafter Ali Principles].
[28] Hillman, Robert A. and O'Rourke, Maureen, "Principles of the Law of Software Contracts: Some Highlights," Cornell Law Faculty Publications," 1519, 1522 (2010), http://scholarship.law.cornell.edu/facpub/192.
[29] Ali Principles § 1.07 ("predominant purpose test").
[30] Ali Principles § 2.01.
[31] Hillman, Robert A., "Rolling Contracts," Cornell Law Faculty Publications, 743, 744 (2002), https://scholarship.law.cornell.edu/facpub/549.
[32] See Hill v. Gateway 2000 Inc., 105 F.3d 1147, 1148 (7th Cir.), cert denied, 522 U.S. 808 (1997).
[33] "Battle of the forms" occurs when parties to an agreement have documentation showing different terms to a contract, and courts must determine whether there is a binding agreement and, if so, what are the terms of the contract. See generally Giesela Rühl, Battle of the Forms: Comparative and Economic Observations, 24 U. Pa. J. Int'l. Econ. L. 189, 189-190 (2003).
[35] See, e.g., Vernor v. Autodesk, Inc., 621 F.3d 1102 (9th Cir. 2010).
[36] Ali Principles § 3.09(a).
[37] Id. at § 3.10.
[38] Id. at § 3.11; see also U.C.C. § 2-703.
[39] See id. (defining material breach); id. at § 3.05(b) (duty to disclose hidden defects); id. at § 4.01 (limited remedies for failure of essential purposes), and id. at § 4.03 (breach by a transferor).
[40] Ali Principles §§ 3.11(c); 4.03.
[41] Id. at § 4.03 cmt b.
[42] National Conference of Commissioners on Uniform State Laws, Uniform Electronic Transactions Act (1999), http://www.uniformlaws.org/shared/docs/electronic%20transactions/ueta_final_99.pdf. Note that the UETA does not alter the substantive requirements for contract formation, which remain consistent regardless of whether agreements are made by oral, written, or electronic means.
[43] Uniform Law Commission, "Legislative Fact Sheet – Electronic Transactions Act," http://www.uniformlaws.org/LegislativeFactSheet.aspx?title=Electronic%20Transactions%20Act.
[44] Electronic Signatures in Global and National Commerce Act, Pub. L. 106-229, 114 Stat. 474 (June 30, 2000) (codified at 15 U.S.C. ch. 96).
[45] 15 U.S.C. § 7001.
[46] 15 U.S.C. §§ 7006, 7021.


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