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Justia › US Law › US Case Law › US Supreme Court › Volume 264 › E. I Dupont de Nemours & Co. v. Davis
E. I Dupont de Nemours & Co. v. Davis, 264 U.S. 456 (1924)
E. I Dupont de Nemours & Co. v. Davis
Argued March 14, 1924
Decided April 7, 1924
1. In a complaint showing by apt allegation that the plaintiff sues as the Director General of Railroads continued in that office by the President under §§ 202 and 211 of the Transportation Act, a description of him "as agent," appointed under § 206 of the act, may be rejected as surplusage. P. 264 U. S. 459.
2. Paragraph (3), added by the Transportation Act to § 16 of the Interstate Commerce Act and providing:
"All actions at law by carriers subject to this Act for recovery of their charges . . . shall be begun within three years from the time the cause of action accrues, and not after,"
does not apply to an action by the Director General of Railroads to recover demurrage charges accrued to the United States during the period of federal control of railroads. Id.
287 F. 522 affirmed.
Certiorari to a judgment of the circuit court of appeals which reversed a judgment of the district court sustaining a demurrer to the complaint in an action by the Director General of Railroads to recover demurrage charges.
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
MR. JUSTICE SUTHERLAND delivered the opinion of the Court.
This is an action to recover demurrage charges accrued at Little Rock, Arkansas, during May, June, and July, 1918, on certain shipments of cotton linters. The defendant, petitioner here, demurred to the complaint on the grounds: (a) That the cause of action was barred by the statute of limitation, and (b) that plaintiff was without authority to bring the action. The district court sustained the demurrer, but was reversed by the court of appeals. 287 F. 522.
There is nothing in the second point, and we dispose of it at once. The contention is that the authority to maintain the action is vested in the Director General of Railroads, originally designated under the Federal Control Act, and continued by the President under §§ 202 and 211 of Transportation Act 1920, c. 91, 41 Stat. 459, 469, and not in Davis, as Agent, appointed under § 206 of the latter act. Apt allegations, however, are found in the body of the complaint to bring the plaintiff, Davis, within the provisions of §§ 202 and 211. At most, the words "as agent" are surplusage, and it is impossible that defendant could have been prejudiced by their use. Act Feb. 26, 1919, c. 48, 40 Stat. 1181.
The action was brought more than three years after the cause of action accrued. The statute relied upon as a bar is § 424, Transportation Act 1920, 41 Stat. 491, 492, being a new paragraph added to § 16 of the Interstate Commerce Act by way of amendment. The pertinent words are:
"(3) All actions at law by carriers subject to this act for recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after."
It is insisted that the United States -- or the Director General, representing the United States -- is included in the provision as a carrier
subject to the act. Our opinion is otherwise. The act consists of five titles. Title II is devoted exclusively to the subject of the termination of federal control, which it is declared shall take place at 12:01 a.m., March 1, 1920 -- the act becoming effective February 28, 1920. Title III deals only with the subject of disputes between carriers and their employees and subordinate officials, creates Railroad Boards of Labor Adjustment and a Railroad Labor Board, and vests them with appropriate powers. Title IV consists entirely of amendments to the Interstate Commerce Act, and includes § 424, here relied upon. While these three titles are concerned with related subjects, they are entirely distinct one from another. Title II, which is complete in itself, among other things, provides in § 200 that, after the termination of federal control, the President shall have no power to use or operate the railroads or systems of transportation, or to control or supervise the carriers or their business affairs, and directs him, § 202, to adjust, settle, liquidate, and wind up all matters and all questions and disputes, of whatsoever nature, arising out of or incident to federal control as soon as practicable after the termination thereof. The only provision prescribing a period of limitation definitely in respect of such matters, is found in § 206(a), and it relates only to actions, suits and proceedings brought against an agent to be designated by the President for that purpose, and fixes as the period of limitation that now prescribed by state or federal statutes, but not later than two years from the passage of the act. In this title, thus specifically devoted to the subject of winding up matters arising out of federal control, nothing is to be found which suggests any limitation of time within which actions, suits, or proceedings shall be brought to enforce liabilities arising out of federal control, in favor of the United States.
Turning now to Title IV, amending the Interstate Commerce Act, the declaration at the beginning is that its
provisions "shall apply to common carriers" engaged in various enumerated kinds of transportation. § 400, p. 474. There is to be found in this title no provision specifically relating to the period of federal control or dealing with the question of liability to or of the government in respect of any matter arising during such control. If Congress had intended to fix a period of limitation applicable to actions, suits, or proceedings brought in behalf of the United States in respect of liabilities arising out of federal control, we should naturally expect to find it in Title II, where such matters are exclusively dealt with, and not in Title IV, which deals with common carriers entirely apart from such control. It may not have been unusual in common speech to describe the Director General as a carrier while he was operating the railroads, but it is clear that he was not intended to be included by that term as it is generally employed in acts of Congress. Federal Control Act, c. 25, 40 Stat. 451, repeatedly recognizes a distinction between the President -- including, of course, the Director General -- and the carriers. The first section itself limits the meaning of the word "carriers" to railroads and systems of transportation which as carriers had been taken over by the President. Accurately speaking, the Director General was not a carrier, but an operator of carriers. The distinction to which we have referred constantly appears in the provisions of the act, as, for example: "The President may nevertheless pay to any carrier while under federal control an annual amount," etc. § 2; "On the application of the President or of any carrier," etc., § 3; "Carriers while under federal control shall be subject to all laws and liabilities as common carriers," etc. § 10; "actions at law or suits in equity may be brought by and against said carriers," etc. § 10; "moneys and other property derived from the operation of the carriers during federal control are hereby declared to be the property of the United States." § 12.
In taking over and operating the railroad systems of the country, the United States did so in its sovereign capacity, as a war measure, "under a right in the nature of eminent domain," North Carolina R. Co. v. Lee, 260 U. S. 16; Missouri Pacific R. Co. v. Ault, 256 U. S. 554; Northern Pacific Ry. Co. v. North Dakota, 250 U. S. 135; In re Tidewater Coal Exchange, 280 F. 648, 649, and it may not be held to have waived any sovereign right or privilege unless plainly so provided. Moneys and other property derived from the operation of the carriers during federal control, as we have seen, are the property of the United States. § 12, 40 Stat. 457. An action by the Director General to recover upon a liability arising out of such control is an action on behalf of the United States in its governmental capacity, Chesapeake & Delaware Canal Co. v. United States, 250 U. S. 123, 250 U. S. 126; In re Tidewater Coal Exchange, supra, and therefore is subject to no time limitation, in the absence of congressional enactment clearly imposing it. United States v. Nashville, C. & St.L. Ry. Co., 118 U. S. 120, 118 U. S. 125; United States v. Whited & Wheless, 246 U. S. 552, 246 U. S. 561. Statutes of limitation sought to be applied to bar rights of the government must receive a strict construction in favor of the government. United States v. Whited & Wheless, supra.
The foregoing analysis of the acts of Congress viewed in the light of the principles just stated demonstrates that § 424 has no application to an action of the kind here involved, but applies to common carriers apart from their operation under federal control, and we so hold.


In my first year of training as a doctor, I knew something was wrong with me. I had trouble sleeping. I had difficulty feeling joy. I was prone to crying at inopportune times. Even worse, I had trouble connecting with patients. I felt as if I couldn't please anyone, and I felt susceptible to feelings of despair and panic.
I'm a physician, and, if I do say so myself, a very well-trained one. Yet it took an "intern support group" and the social worker who ran it, close friends and my fiancée (now my wife) to convince me that I might need help. Even if I couldn't acknowledge it, they could see I was suffering from depression.
The numbers, and how they compare with other professions, are almost beside the point. Physicians are in a position of needing to care for others continuously. That strain, coupled with difficulties in helping themselves, leaves both patients and physicians at risk. The studies that followed doctors over the course of their residencies found that the rate of depression symptoms increased more than 15 percent within a year of the beginning of training.
Doctors have much easier access to drugs than most other people do. Because of this, they are more likely to misuse prescription drugs than the general population. Anesthesiologists have access to more drugs than other physicians, and their problems are even more common. A 2005 study of anesthesia residency training programs found that 80 percent of them reported experiences with impaired residents, and almost 20 percent had experiences with at least one abuse-related death of a doctor in training.
Unfortunately, depression and substance abuse can lead to further problems, including suicide. More than 6 percent of surgeons reported suicidal thoughts in the last year. Yet only one quarter of them sought any kind of help. Most who didn't seek help feared that doing so would affect their ability to obtain a license — even though they were also worried about killing themselves.
The problem is even worse among medical trainees. About 6 percent of them reported thinking about suicide in just the previous two weeks. Those with a history of depression were almost four times as likely to report recent suicidal thoughts as those without.
It is estimated that about 400 physicians commit suicide each year. That's about three times as many doctors as were in my medical school class at the University of Pennsylvania. Meta-analyses estimate that the rate of suicide among male physicians is 140 percent that of the general population. Among female physicians it is almost 230 percent.
What makes this important to discuss is not the prevalence of depression in physicians and trainees, although it's clearly very high. It's not whether physicians have the highest suicide rate of any profession, although many people argue that they do. The critical issue here is that too many physicians, especially trainees, suffer in silence, afraid to ask for help for fear that they will be punished professionally, and probably, personally.
I have always been very open about my time in residency, and how depression somewhat robbed me of a few years of my life. When I look back, I think the constant pressure to help others, coupled with frequent feelings of helplessness, weighed on me. A lack of sleep and being away from family and friends left me vulnerable. Seeing children I bonded with, and cared for deeply, suffer and die was often more than I could bear. I think some part of me, whether it be physical or behavioral, is also predisposed to depression.
Many colleagues still recoil when I talk openly about therapy, or how I plan to go to a therapist for the rest of my life. I'm sure they will find this column disconcerting as well. But we can't avoid talking about this. Too many are suffering, and if they can't get help from others, they may try — and fail — to help themselves. Suicide is always a tragedy; a physician's suicide is a travesty.


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Google Reportedly Tapping Asia Suppliers for Smartwatch Production
By Adario Strange 2013-10-29 22:58:15 UTC
Following the recent release of Samsung's Galaxy Gear smartwatch and Sony's Smartwatch 2, a new report reveals that Google is in talks with Asia suppliers to ramp up production of its own smartwatch.
The tech giant is also working on improving its smartwatch's power supply to extend its battery life, according to the Wall Street Journal, citing sources familiar with the matter.
See also: 25 Best Free Android Apps
Earlier this month, recent reports said Google's smartwatch will harness the features in Google Now, the company's intelligent mobile assistant.
Of course, if Google does jump into the smartwatch race, it may face stiff competition from Apple's rumored upcoming smartwatch, a device that would likely be driven by iOS, and go head-to-head with any Android-based wearable tech.
Google did not immediately respond to a request for comment.
BONUS: 10 Great Behind-the-Scenes Glimpses of Google
10 Great Behind-the-Scenes Glimpses of Google
1. Life at the Googleplex
This official Google vid offers a tour of Google HQ (a.k.a. the "Googleplex") in 200 seconds. Most interesting snippet of info? There are more than 200 dogs on campus on any given day. Woof!
2. Google - Best Place to Work 2007
Offering a behind-the-scenes glimpse into Google from an NBC news report's perspective, this clip was shot just after Google had been named America's best place to work by Fortune back in 2007.
3. Google's New Zurich office
Google's Zurich office is up there as one of the top premises in terms of wackiness. Here, Web User Magazine has a little nose around -- be sure to keep watching to the end for a quick look at the old fashioned library room.
4. Inside Google's New York Office
The New York offices look just as sweet as Google's Silicon Valley headquarters. The building in the Big Apple has the second largest footprint of any NYC structure -- so big that the Googlers get round on scooters, leaving them in special scooter "parking bays." Watch out for the LEGO wall and really cool floor map.
5. Inside Google Australia
There aren't a lot of revelations in this Aussie clip (the usual colorful offices, look at all the food and oooh, there's a ping pong table) but it goes some way to show that Google manages to keep its wacky office set up even 7,000 miles around the globe.
6. Google Office - Madison, WI
While it's hardly Google's most famous office, the Madison, Wisconsin location adds a good dose of the usual Google zaniness and manages to incorporate some of the building's history into its decor -- truly a unique workspace for all those lucky Googlers.
7. Google Chicago Headquarters Tour
WGN News gets a tour of Google's premises in the windy city where we find out just how those "Recent Searches" displays in Google's lobbies remain so smut-free.
8. Google's Chicago Games Room
And -- as we didn't see this in the previous tour -- here's a look at the cool game room within the Chicago complex. It's like your dream lounge, but with more geeks.
9. Google in St. Petersburg
An insider look at a Google office in Russia transcends any language barriers, although what's with all the soft toys?
10. Google Container Data Center Tour
Google isn't just about the colorful offices and crazy fun. It's also about the million or so servers that keep us Googling. Here Google opens the door to a data center in a somewhat dry video that will no doubt be fascinating to anyone in the industry!
Image: Phillipe Lopez/AFP/Getty Images
Topics: Apps and Software, Dev & Design, Gadgets, Mobile, Tech

redpajama_set_name: RedPajamaCommonCrawl


IMPORTANT NOTICE TO GUESTS: PLEASE CAREFULLY READ THE FOLLOWING CRUISE CONTRACT TERMS THAT GOVERN ALL DEALINGS BETWEEN YOU AND CARRIER, AFFECT YOUR LEGAL RIGHTS AND ARE BINDING ON YOU, TO THE FULL EXTENT PERMITTED BY LAW; PARTICULARLY SECTION 12 GOVERNING THE PROVISION OF MEDICAL AND OTHER PERSONAL SERVICES, SECTIONS 13 AND 14 LIMITING CARRIER'S LIABILITY FOR YOUR DEATH, ILLNESS, INJURY, OR DAMAGE CLAIMS RELATING TO BAGGAGE OR PERSONAL PROPERTY, AND SECTION 15 LIMITING YOUR RIGHT TO SUE, REQUIRING ARBITRATION AND WAIVER OF JURY TRIAL FOR CERTAIN CLAIMS, AND WAIVER OF YOUR RIGHT TO ARREST OR ATTACH CARRIER'S SHIPS.
THIS CONTRACT ALSO INCLUDES THE CONDITIONS UNDER WHICH CARRIER BOOKS AIR TRANSPORTATION IF YOU ARE PARTICIPATING IN CARRIER'S AIR PACKAGE. IF ANY OF THESE CONDITIONS DO NOT MEET WITH YOUR APPROVAL, YOU HAVE THE OPTION OF ARRANGING AIR TRANSPORTATION INDEPENDENTLY IN WHICH EVENT, THE AIR OR ADD-ON OR CRUISE ONLY CREDIT AMOUNT PAID TO PROVIDER WILL BE REFUNDED.
1. INTRODUCTION; DEFINITIONS; GOVERNING LAW.
Upon booking the Cruise, Land Trip(s) and/or Air Package, each Guest named on the booking confirmation/statement explicitly agrees to the terms of this Cruise Contract. Any Guest booking or purchasing the Cruise, Land Trip(s) and/or Air Package represents that he or she is authorized by all accompanying Guests to accept and agree to all the terms and conditions set forth herein.
You acknowledge and agree that, except as otherwise expressly provided herein, the resolution of any and all disputes between Carrier and any Guest, shall be governed exclusively and in every respect by the general maritime law of the United States, without regard to its choice of law principles, except in cases involving death arising outside the United States which shall be governed exclusively by the Death on the High Seas Act, 46 U.S.C. § 30301, et seq. To the extent such maritime law is not applicable, the laws of the State of Washington (U.S.A.) shall govern the contract, as well as any other claims or disputes arising out of that relationship. You agree this choice of law provision replaces, supersedes and preempts any provision of law of any state or nation to the contrary.
This Cruise Contract constitutes the entire understanding and agreement between You and Seabourn Cruise Line Limited, the operator of the ship, as applicable to your Cruise, Land Trip or Air Package ("Carrier"), and supersedes any other prior oral, implied, written or other representations or agreements between You and Carrier except that in the event of a direct conflict between a provision of this Cruise Contract and a provision of the Cruise Industry Passenger Bill of Rights (PBOR) in effect at the time of booking, the PBOR controls. This Cruise Contract governs the relationship between You and Carrier, whether the Cruise is purchased by You or on Your behalf, and can only be modified by a subsequent writing signed by Carrier. You may not sell, assign or transfer Your booking or this Cruise Contract, and no person other than that named on the boarding pass may use the boarding pass. Any portion or provision of this Cruise Contract which is invalid, illegal or unenforceable shall be ineffective only to the extent of such invalidity, illegality or unenforceability and, except as noted in Section 15(B)(ii) below, shall be severed from this Contract without affecting in any way the remaining provisions of the Cruise Contract which shall remain in full force and effect.
You and Carrier agree and intend that certain third party beneficiaries derive rights and exemptions from liability as a result of this Cruise Contract. Specifically, all of Carrier's rights, exemptions from liability, defenses and immunities under this Cruise Contract (including, but not limited to, those described in Sections 4, 6, 7, 12, 13, 14, 15, and 17) will also inure to the benefit of the following persons and entities who shall be considered "Carrier" only for purposes of such rights, exemptions from liability, defenses and immunities: Carrier's employees, agents, Alaska Railroad Corporation, the ship named on the booking confirmation/statement and/or boarding pass (or any substituted ship), the ship's tenders, the ship's owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, independent contractors, physician and medical personnel, retail shop personnel, health and beauty staff, fitness staff, shore excursion providers, tour operators, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires.
"Cruise" means the scheduled cruise voyage as published in the booking confirmation/statement and/or boarding pass issued in connection with this Cruise Contract, as may be amended pursuant to this Cruise Contract, from the port of embarkation to the port of disembarkation, and also includes any air, rail, road or sea transport and any land accommodation components of any land-sea package sold, taken with or included in the price of the Cruise, and any activities, shore excursions, tours, or shoreside facilities related to or offered during the Cruise.
"You," "Your" and "Guest" mean the person(s) booking or purchasing the Cruise (including, where applicable, the Land Trip and/or Air Package) or named on the booking confirmation/statement and persons in their care, including any minor, and their heirs, relatives, successors in interest, and personal representatives.
"Air Package" refers to air transportation booked for You by Us to enable You to travel to and from Your Cruise.
"Land Trip" refers to a pre- or post-Cruise package or transfer You have purchased (excluding any Air Package), or to a shore excursion You purchase during Your Cruise, on which You are traveling on one or more motorcoaches, watercraft, dayboats and/or railcars owned or operated by us. "Land Trip" also refers to any visit by You to Half Moon Cay (on the island of Little San Salvador) in the Bahamas ("Half Moon Cay").
"Cruise Fare" means the amount payable by You to Carrier for Your Cruise or Land Trip. It covers the Your Cruise or Land Trip, scheduled meals and accommodations while on board, air programs and/or other travel components added to Your Cruise Fare and charged to Your stateroom account and/or credit card. The Cruise Fare does not include beer, wine, spirits, sodas or other bottled or specialty beverages, or charges for other incidental items, activities, excursions, transportation or personal services during or in connection with the Cruise; or any Taxes, Fees, Port Expenses, airline or other carriers' services or baggage fees, for which a separate charge may be imposed.
"Taxes, Fees & Port Expenses" as used by Carrier, may include any and all fees, charges, tolls and taxes imposed on us by governmental or quasi-governmental authorities, as well third party fees and charges arising from a vessel's presence in a harbor or port. Taxes, Fees & Port Expenses may include U.S. Customs fees, head taxes, Panama Canal tolls, dockage fees, wharfage fees, inspection fees, pilotage, air taxes, hotel or VAT taxes incurred as part of a land tour, immigration and naturalization fees, and Internal Revenue Service fees, as well as fees for navigation, berthing, stevedoring, baggage handling/storage and security services. Taxes, Fees, & Port Expenses may be assessed per guest, per berth, per ton or per vessel. Assessments calculated on a per ton or per vessel basis will be spread over the number of guests on the Ship. Taxes, Fees & Port Expenses are subject to change and Carrier reserves the right to collect any increases in effect at the time of sailing even if the fare has already been paid in full.
(ii) Familiarize yourself with the terms of the Cruise Contract.
(iii) Bring all necessary travel documents such as passports, visas, proof of citizenship, re-entry permits, minor's permissions, medical certificates showing all necessary vaccinations, and all other documents necessary for ports of call in the countries to which You will travel.
It is the Guest's sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All Guests are advised to check with their travel agent or the appropriate government authority to determine the necessary documents. You will be refused boarding or disembarked without liability for refund, payment, compensation, or credit of any kind if You do not have proper documentation, and You will be subject to any fine or other costs incurred by Carrier which result from improper documentation or noncompliance with applicable regulations, which amount may be charged to Your stateroom account and/or credit card.
When minors are traveling with only one adult 21 years of age or older, Carrier requires that all guests must be in possession of a valid passport. Carrier has implemented this requirement so that Your party remains together should an emergency arise that requires one or more in your party to be disembarked in a non-U.S. port. Carrier cannot guarantee that all members of Your party will be allowed to disembark with only a WHTI-compliant document or birth certificate.
(iv) Arrive at least two hours before the scheduled or amended sailing time and have with You all required documentation. Attach a completed Carrier luggage tag to each piece of baggage.
(v) Be sure that You and any person in Your care are fit to take the Cruise. (See Section 8).
(B) Upon boarding the ship, You must register a valid credit card or other acceptable payment method at the Seabourn Square to cover any charges to Your stateroom account.
3. NOTICE CONCERNING SAFETY AND SECURITY.
Carrier visits a large number of ports in numerous countries around the world. At any given moment there are likely to be "trouble spots" in the world in terms of war, terrorism, crime, Act of God, civil commotions, labor trouble, and/or other potential sources of harm. Local conditions and infrastructure may also create hazards to Guests while off the ship. Accordingly, it may be necessary to change, cancel or terminate the scheduled cruise or any activities related to the Cruise and/or Land Trip(s), including without limitation shore excursions and port visits. Although Carrier endeavors to provide reasonable protection for Your comfort and safety onboard its ships, motorcoaches, dayboats and/or railcars owned or operated by us, Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime or other potential sources of harm. Carrier reminds all Guests that they must ultimately assume responsibility for their actions while ashore. The United States Department of State and other similar government agencies regularly issue advisories and warnings to travelers giving details of local conditions in specified cities and countries according to such agency's perception of risks to travelers. Carrier strongly recommends that Guests and their travel agents obtain and consider such information when making travel decisions. Although unlikely, the ship may be confronted by actual or threatened war, warlike operations or hostilities. Carrier has the absolute right and sole discretion to respond to safety concerns of any kind, including but not limited to sailing with or without lights, deviating from customary practices or rules and regulations concerning navigation, cargo or other matters in time of peace, or sailing armed or unarmed and with or without convoy.
There are risks inherent to being aboard the ship and other means of transportation. These include, by way of example, having to evacuate the ship or other means of transportation in case of emergency, having to move about on the Ship or other vessels during rough seas and lack of access to full medical services. For people who are ill or who have a mental or physical disability or impairment, these risks are more significant. For example: access to all parts of the ship, other means of transportation or to facilities on shore may be difficult or impossible for some guests. In addition, medical evacuations during the Cruise whether at sea, by tender, or by deviating from the scheduled itinerary, may create an increased risk of harm and may not be feasible for a variety of reasons. We reserve the right to determine, in our sole discretion exercised in good faith, whether and when a medical evacuation from the ship will occur.
4. RIGHT TO REFUSE BOOKING AND PASSAGE, CANCEL RESERVATION; CONFINE YOU TO STATEROOM OR DISEMBARK YOU.
Carrier reserves the right to refuse booking of passage on a Cruise and/or Land Trip to any person or to cancel Your existing Cruise and/or Land Trip reservation for any lawful reason and regardless of a guest's Seabourn Club loyalty level or existing benefits. Any person(s) refused booking or passage in advance of the scheduled sailing or pre-cruise Land Trip by Carrier will be given a refund of their Cruise Fare. Carrier may without liability for refund, payment, compensation or credit, except as provided herein, disembark or refuse to embark You, confine You in a stateroom, quarantine You, restrain You, change Your accommodations or disembark You at any time if, in the sole opinion of Carrier, the Captain or any doctor, You or any minor or other person in Your care during the Cruise and/or Land Trip(s), are unfit for any reason for the Cruise and/or Land Trip(s), or Your presence might be detrimental to Your health, comfort or safety or that of any other person, or in the judgment of the Captain is advisable for any reason. Carrier reserves the right to request a letter from Your physician attesting to Your fitness to travel, but by requesting such letter does not waive its right to disembark or refuse to embark You as set forth in this Section. Except as otherwise provided, if You are required to remain on board the ship or elsewhere, due to injury, illness, or disability, or due to action of any government or authority, or for any other reason not the fault of Carrier, You must pay or reimburse Carrier for all resulting costs and expenses including for food, transportation, accommodation, medical and/or repatriation services for You and/or those accompanying You. If You become unfit to travel for any reason during the Cruise and/or Land Trip(s) and/or You disembark early, or if You are refused passage, or Your reservation is cancelled if You book a cruise after Carrier has advised You that You are no longer allowed to sail, Carrier shall not be liable for any refund, payment, compensation, or credit of any kind.
5. ELIGIBILITY REQUIREMENTS; DRINKING; TOBACCO; GAMING.
The minimum Guest age is 6 months of age at the time of embarkation in order to sail on Alaska, Canada/New England, Caribbean, Europe, and Mexico cruises. On all other cruises, the minimum Guest age is 12 months of age at the time of embarkation in order to sail. Guests under the age of 21 years must travel in a stateroom with a Guest 21 years or older who shall assume responsibility for their care during the cruise. For family groups booking multiple staterooms, the minimum age for at least one person in each stateroom is 16 years of age, provided they are traveling with a parent or legal guardian. We are unable to accept group reservations for student or youth groups that do not conform to our minimum age requirements. Each Guest agrees and warrants that he/she will supervise any Guest in his/her care at all times to ensure all policies, along with all other rules of the Carrier and ship, are strictly adhered to by all Guests under their supervision.
No Guest under the age of 21 may purchase, possess or consume alcohol during the Cruise. No Guest under the age of 18 shall be permitted to engage in any gaming activities on board any ship or to purchase cigarettes or tobacco products. On some sailings the minimum age for alcohol is under 21 and each Guest agrees to abide by whatever alcohol age restriction is in place on the ship during the Guest's cruise. Indoor areas onboard the vessels are non-smoking and smoking is only permitted in designated sections. Outdoor smoking areas are clearly posted throughout the vessel. Smoking is prohibited in Guest staterooms and balconies. Violations to the onboard smoking policy will result in a $250 cleaning fee for each occurrence, which will be charged to Your stateroom account. Repeated violations may result in You being disembarked prior to the end of the Cruise without any refund. The use of electronic cigarettes, personal vaporizers, or electronic nicotine delivery systems is allowed within the confines of the Guest's stateroom (balcony not included) and within designated smoking areas only.
Guests who will enter the 24th week of pregnancy by the last day of the Cruise agree not to book the Cruise or to board the vessel You further agree to abide by all age, gender or other eligibility requirements applicable to any other activities, services or facilities available during the Cruise, including but not limited to those associated with use of any spa facilities, and to ensure that You supervise the use of any such facilities by any minor in your care. There may be age restrictions applicable to activities on the ship and ashore, which are established for the safety and well-being of all participants. Carrier and all independent contractors, as the case may be, reserve the right to revise eligibility requirements for activities during the Cruise or ashore for safety or other lawful reasons from time to time, and with which each Guest agrees to comply.
You are required to pay a cancellation fee (including 3rd and 4th berths) if You cancel Your Cruise. Cancellation fees are based on the fare paid, excluding Taxes, Fees and Port Expenses, transfers, surcharges, shore & land excursions and most pre-purchased gift(s) and/or special service(s). You are not entitled to any refund, payment, compensation or credit except as otherwise provided in this Section. Any refunds will be made directly to the method of payment You used at the time of booking or Your travel agent and You must receive Your refund directly from these sources. You may cancel by telephone or electronic advice via a Carrier-approved Computer Reservation System, provided Carrier immediately receives written confirmation of cancellation. In such case cancellation shall be deemed effective as of the close of business Pacific Standard Time on the date You communicated such cancellation.
Since a cancellation likely means a diminished opportunity to sell space on other Cruises, the cancellation fees in the schedules below apply regardless of whether Your space is resold. You hereby agree that losses sustained by us in the event of Your cancellation would be very difficult or impossible to quantify, and that the fees set forth in our cancellation policy represent a fair and reasonable assessment as liquidated damages. The amount of cancellation fee varies based on length of sailing for the Cruise and timing of cancellation for Cruise, as illustrated in the schedules below.
A. If You have purchased a specially priced promotion where the deposit is 100% non-refundable from the point of payment, You are not entitled to any refund, payment, compensation or credit whatsoever of Your deposit under any circumstance if you cancel Your booking.
B. If you have purchased a specially priced promotion that is 100% non-refundable from the point of payment, You are not entitled to any refund, payment, compensation or credit whatsoever of Your gross fare if You cancel Your booking.
Shore Excursion Cancellation Policy: For complete details on the terms and conditions governing Shore Excursions, please visit: https://www.seabourn.com/luxury-cruise-destinations/Shore-Excursions.action?selectedNavElement=TC.
Travel Insurance/Protection: Carrier strongly recommends that You obtain Your own insurance and/or travel protection against loss or damage to baggage and personal effects, trip cancellation and emergency evacuations, accidental death or injury, illness and medical expenses sustained or incurred in connection with Your Cruise and/or Land Trip(s).
If You have purchased SeabournShield, You must notify Carrier and the Insurer of any cancellation as soon as possible and in accordance with all applicable requirements. Refunds or credits available under the SeabournShield program are subject to the terms of said program. If You purchased Your air tickets through Carrier, all airline tickets are the property of Carrier and must be returned to and are refundable only to Carrier.
Travel Agent: Your travel agent acts for You in making the arrangements for Your Cruise, Land Trip(s), shore excursions, and tours. Carrier is not responsible for any representation or conduct of Your travel agent, including but not limited to, any failure to remit Your deposit or other monies to Carrier, for which You shall at all times remain liable to Carrier, or any failure to remit a refund from Carrier to You. You acknowledge that Your travel agent acts solely as Your agent, and not as agent for Carrier, and is deemed as Your agent. Further, receipt by Your travel agent of this Cruise Contract or any other communications, notices or information from Carrier shall constitute receipt of such materials by You. You agree Carrier is not responsible for the financial condition or integrity of any such travel agent. In the event that Your travel agent fails to remit to us any monies paid by You to the agent, You remain liable for the monies due Carrier, regardless of whether Carrier demands payment. No refund, payment, compensation or credit of any kind will be provided by Carrier, should You or Your travel agent have to cancel or cut short Your Cruise, unless You have purchased SeabournShield and meet the eligibility criteria.
7. RIGHT TO DEVIATE FROM SCHEDULED ROUTE, CHANGE PORT OF EMBARKATION/DISEMBARKATION, SUBSTITUTE TRANSPORTATION, CANCEL CRUISE AND ACTIVITIES, AND CHANGE OR OMIT PORTS OF CALL; SUBSTITUTION.
Except as otherwise provided, Carrier may, for any reason, without prior notice, cancel the Cruise and/or Land Trip(s); deviate from the scheduled ports of call, route and timetable; call or omit to call at any port or place or cancel or modify any activity on or off the ship; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property; or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten the Cruise and/or Land Trip(s), or substitute ships, aircraft or other transportation or lodging. Accordingly, You should not make any important arrangements or meetings based on the scheduled Cruise and/or Land Trip(s) which may change without liability to Carrier. Furthermore, the Master of the ship as well as the operator of any other means of transportation may, in his/her sole discretion, take any action deemed necessary for the safety, security, comfort, or well-being of any person or to prevent damage to or loss of the ship.
In the case of mechanical failures that cause the scheduled cruise to be cancelled, You are entitled to a full refund of the Cruise Fare; or for mechanical failures that cause a cruise to be terminated early, a partial refund, travel expense to transport You to the scheduled port of disembarkation or Your home city at Carrier's discretion, and overnight lodging if an unscheduled stopover is required. You shall have no claim against Carrier, and Carrier shall not be liable for damages or a refund of the Cruise Fare, any portion thereof, or other payment, compensation or credit of any kind; nor for hotel or meal charges, travel expenses or other loss, delay, inconvenience, disappointment or expense whatsoever, which shall be the Guest's responsibility, whenever the cancellation or change was otherwise beyond Carrier's exclusive control. Carrier's non liability extends without limitation to any of those causes described in Section 14(B) and/or inclement weather; health, medical or environmental considerations; labor, political or social disturbances or unrest; or operational, commercial or safety reasons; or was based on a good faith belief by the Carrier or the ship's Captain that the Cruise or any portion thereof might endanger the vessel or expose any person or property to loss, injury, damage or delay. Except as provided above for mechanical failures, whenever the performance of the Cruise is hindered or prevented by any cause or circumstance whatsoever, the Cruise may be terminated and You may be landed with no further liability of the Carrier for refund, payment, compensation or credit of any kind.
(A) If Carrier cancels the Cruise before it has started, it shall refund the Cruise Fare.
(B) If the sailing is delayed and You are not accommodated on board the ship, Carrier may arrange accommodations and food at no additional expense to You.
(C) If the scheduled port of embarkation or disembarkation for a Cruise is changed, Carrier shall arrange transportation to it from the originally scheduled port.
(E) If You pay the Carrier an amount above the Cruise Fare for a Land Trip or other activity that is cancelled, You will be limited to a refund, if any, of the amount paid for the cancelled activity.
Under no circumstances shall the Carrier be or become liable for consequential or other damages of any kind sustained by any Guest except as expressly provided herein.
8. YOUR RESPONSIBILITY TO INFORM CARRIER OF SPECIAL NEEDS.
Due to the risks inherent in travel by sea, as described in Section 3 of this Cruise Contract, if You have any special medical, physical or other requirements, You, Your travel agent, or any person booking on Your behalf is requested to inform Carrier in writing at the time of booking of any special need or other condition for which You or any other person in Your care may require medical attention or accommodation during the Cruise and/or Land Trip(s) or for which the use of a wheelchair or service animal is contemplated or necessary. If any such special need or condition arises after You have booked the Cruise and/or Land Trip(s), You are requested to report it in writing to Carrier as soon as You become aware of it. Guests acknowledge and understand that certain international, foreign or local safety requirements, standards, and/or applicable regulations involving design, construction or operation of the vessel, docks, gangways, anchorages or other facilities on or off the vessel may restrict access to facilities or activities for persons with mobility, communication or other impairments or special needs. Guests requiring the use of a wheelchair must provide their own as Carrier's wheelchairs carried on board the vessel are for emergency medical use only. You acknowledge and agree Carrier may disembark or refuse to embark You or anyone under Your care as set forth in Section 4 above. In limited situations where You would be unable to satisfy certain specified safety and other criteria, even when provided with appropriate auxiliary aids and services, we reserve the right to refuse permission to participate in all or part of the Cruise.
Persons with mobility impairments traveling on a Seabourn Ship should refer to the "Accessible Cruising" portion of the Frequently Asked Questions page on Seabourn's website (http://www.seabourn.com/luxury-cruise-vacation-planning/Planning-And-Advice.action?tabName=Frequently+Asked+Questions&contentMenu=Accessible+Cruising) for more information about wheelchair usage, special needs, and/or service animals.
No pets or other animals are allowed on the ship at any time except for certain necessary service animals of a Guest with a disability, which require written notification to the Carrier at the time of booking Your Cruise and/or Land Trip(s) and Carrier's written approval. You agree to accept responsibility, reimburse and/or indemnify Carrier for any loss, damage or expense whatsoever related to the presence of any service animal brought on the Cruise and/or Land Trip(s). You further agree to determine and meet any documentary or other requirements related to the animal.
10. UNAUTHORIZED STOPOVER OR DISEMBARKATION.
Unauthorized stopover or disembarkation or failure to make any sailing of the ship at any port shall be at Your sole risk and expense, You may be denied subsequent boarding, and You will not be entitled to any refund, payment, compensation or credit of any kind. If You plan to disembark the vessel and/or to off load packages, boxes or baggage before Your authorized port of call, You must advise the Seabourn Square no later than the day before arrival in that port to arrange an inspection of You and/or Your belongings by local customs authorities. Should You fail to comply with this requirement and You and/or Your belongings are not presented for inspection, You may be assessed monetary penalties by local authorities. Furthermore, You agree to assume and/or reimburse Carrier for any expenses or fines that may be incurred as a result of such noncompliance. You acknowledge that for round trip cruises commencing in a country that stop in other ports of that country, You may visit but may not permanently disembark in any port in that country other than the port of embarkation. If You do disembark in a different port in that country, a fine or penalty may be imposed by that country's government. In consideration of the fare paid, You hereby agree to pay any such fine or penalty imposed because of your failure to complete the entire Cruise.
11. RESPONSIBILITY TO COMPLY WITH LAW AND REGULATIONS, RULES OF SHIP; NO SOLICITATION.
You shall be responsible for complying with the requirements of all immigration, port, health, customs, and police authorities, and all other laws and regulations of each country or state from or to which You will travel, as well as this Cruise Contract. You must at all times obey all the rules, regulations and orders of the ship, Carrier and the Captain. You shall not solicit other Guests for commercial purposes or advertise goods or services without Carrier's prior written permission. You may be disembarked without liability for refund, payment, compensation or credit of any kind if You or any Guest for whom You are responsible violate any of these requirements, and You agree to assume and/or reimburse Carrier for any expenses or fines that may be incurred as a result of such noncompliance.
12. HEALTH, MEDICAL CARE AND OTHER PERSONAL SERVICES.
Due to the nature of travel by sea and the ports visited, the availability of medical care may be limited or delayed and emergency medical evacuation will not be possible from every location to which the ship sails. All health, medical or other personal services in connection with Your Cruise are provided solely for the convenience and benefit of Guests who may be charged for such services. You accept and use medicine, medical treatment and other personal services available on the ship or elsewhere at Your sole risk and expense without liability or responsibility of Carrier whatsoever, and agree to indemnify the Carrier for all medical or evacuation costs or expenses incurred on Your behalf. Doctors, nurses or other medical or service personnel work directly for Guest and shall not be considered to be acting under the control or supervision of Carrier, since Carrier is not a medical provider. We do not undertake to supervise the medical expertise of any such medical personnel and will not be liable for the consequences of any examination, advice, diagnosis, medication, treatment, prognosis or other professional services which a doctor or nurse may or may not furnish You. Similarly, and without limitation, all spa personnel, instructors, guest lecturers, entertainers and other service personnel shall be considered independent contractors who work directly for the Guest.
13. BAGGAGE AND PERSONAL EFFECTS, LIABILITY LIMITATIONS, INSPECTION.
You may take a reasonable amount of luggage on board containing only Your personal effects, which shall include suitcases, trunks, valises, satchels, bags, hangers containing clothing, toiletries and other personal effects necessary for the Cruise and/or Land Trip(s). If You travel by air or other transportation the terms and conditions of the airline or other transportation provider apply to Your carriage on those conveyances. You may not take on board firearms, controlled or prohibited substances, inflammable or hazardous items, any other items prohibited by applicable law, or any other item Carrier deems in its sole discretion to be detrimental to the safety, security, comfort or well-being of any person. A complete list of prohibited items may be found at https://www.seabourn.com/pageByName/Resp.action?requestPage=Prohibited_Items&WT.ac=PopTop_ProhibitedItems. This list is subject to change without notice; You should contact Carrier for questions regarding the potential prohibition of any other item. You agree Carrier has, at all times with or without notice, the right to enter and search Your stateroom, personal safe or storage spaces, or to search You, Your baggage and/or personal effects at any location.
You agree that Carrier's liability for loss or damage to baggage or personal property is limited to U.S. $250 per guest or U.S. $3,000 if You purchased SeabournShield. In no event shall Carrier be liable for normal wear or tear of Your property or baggage. Carrier does not undertake to carry as baggage any tools of trade, household goods, fragile or valuable items, precious metals, jewelry, documents, negotiable instruments or other valuables, including but not limited to those specified in Section 30503 of Title 46 of the United States Code. You warrant that no such items will be presented to Carrier within any receptacle or container as baggage, and release Carrier from all liability whatsoever for loss of or damage to such items when presented to the Carrier in breach of this warranty. Such items must be shipped to Your destination by other means. Guests are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others.
Carrier shall not be liable for any loss or theft of or damage to or disposition of cash, securities, negotiable instruments, jewelry, gold, silver or similar valuables or precious stones, works of art, electronics, computers (whether handheld, laptop or other), DVD players or digital or flash drive computer equipment, disks, memory cards or other electronic storage, handheld or similar devices, cellular telephones, cameras, video or audio tapes, CDs, binoculars, recreational equipment, dental hardware, cosmetics, electric hair appliances, liquids, luggage locks, eyewear (including eyeglasses, sunglasses and contact lenses), hearing aids, medications, medical equipment, wheelchairs, scooters, liquor or other alcoholic beverages, cigarettes, tobacco products or business or other documents under any circumstances, whether carried within Your luggage or otherwise. You may use the safe in Your stateroom. However, You agree use of the stateroom safe will not increase Carrier's liability as provided in this Cruise Contract.
14. LIMITATIONS ON CARRIER'S LIABILITY; INDEMNIFICATION.
(A) General: Nothing contained in this Cruise Contract shall limit or deprive Carrier of the benefit of the applicable statutes or laws of the United States of America or any other country; or any international convention providing for release from, or limitation of, liability.
(B) Acts Beyond Carrier's Control, Force Majeure: Except as provided in Section 7 with regard to refunds and certain other expenses for cruises that are cancelled or terminated due to mechanical failures, Carrier is not liable for death, injury, illness, damage, delay or other loss to person or property of any kind caused by an Act of God; war; civil commotions; labor trouble; terrorism, crime or other potential sources of harm; governmental interference; perils of the sea; fire; seizure or arrest of the vessel; the need to render medical or other assistance, or any other cause beyond Carrier's exclusive control, or any other act or omission not shown to be caused by Carrier's negligence.
(C) Claims for Emotional Distress: Carrier shall not be liable to the Guest for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances, except for such damages proven in a court of competent jurisdiction arising from and attributable to Guest's physical injury or as the result of Guest having been at actual risk of immediate physical injury proximately caused by Carrier's negligence ("Emotional Harm").
(D) Assumption of Risk: You agree that by using the ship's pools, sauna, athletic, or recreational equipment and facilities, or taking part in organized group or individual activities (including Your participation in Ventures by SeabournTM), whether on or off the ship or as part of a shore excursion, You assume the risk of injury, death, illness or other loss. You agree that Carrier in no event is liable to You with respect to any occurrence taking place off the ship, launches, tenders or other craft owned or operated by Carrier or for any event caused by the criminal conduct of any third party.
(E) Cruises To/From or Within the EU: On international cruises which neither embark, disembark nor call at any U.S. port and where You commence the cruise by embarking or disembarking in a port of a European Member State, Carrier shall be entitled to any and all liability limitations and immunities for loss of or damage to luggage, death and/or personal injury as provided under EU Regulation 392/2009 on the liability of carriers to passengers in the event of accidents. Unless the loss or damage was caused by a shipping incident, which is defined as a shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship (as defined by the Regulation), Carrier's liability is limited to no more than 400,000 Special Drawing Rights ("SDR") per passenger, (approximately U.S. $564,000, which fluctuates depending on the daily exchange rate as published by the International Monetary Fund at http://www.imf.org/external/np/fin/data/rms_sdrv.aspx) if the passenger proves that the incident was a result of Carrier's fault or neglect. If the loss or damage was caused by a shipping incident, Carrier's liability is limited to no more than 250,000 SDRs per passenger (approximately U.S. $352,000, which fluctuates depending on the daily exchange rate as published by the International Monetary Fund at http://www.imf.org/external/np/fin/data/rms_sdrv.aspx). Compensation for loss caused by a shipping incident can increase to a maximum of 400,000 SDRs per passenger unless Carrier proves that the shipping incident occurred without Carrier's fault or neglect. Shipping incidents do not include acts of war, hostilities, civil war, insurrection, natural disasters, or intentional acts or omissions of third parties. In cases where the loss or damage was caused in connection with war or terrorism, Carrier's liability for any personal injury or death (whether occurring during a shipping incident or a non-shipping incident) is limited to the lower of 250,000 SDRs per passenger or 340 million SDRs per ship per incident. Punitive damages are not recoverable for cruises covered by EU Regulation 392/2009. For a copy of EU Regulation 392/2009, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF. In addition, Guests embarking a cruise in a European Member State port are afforded rights under EU Regulation 1177/2010. For a copy of EU Regulation 1177/2010, visit http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32010R1177&qid=1440630405095&from=EN.
(F) Additional Limitations from Liability: In addition to all the restrictions and exemptions from liability provided in this Cruise Contract, Carrier shall have the benefit of all the statutes of the United States of America providing for limitation and exoneration from liability and the procedures provided thereby, including but not limited to Title 46 of the United States Code sections 30501 through 30509, and 30511 which are United States statutes limiting the liability of Carrier. Nothing in this Contract is intended to nor shall it operate to limit or deprive Carrier or any such statutory limitation of or exoneration from liability under any applicable laws.
(G) Excursions, Shoreside Services and Other Transportation: All travel facilities, tours, activities, products or services, other than aboard Carrier's vessels and tenders or motorcoaches, dayboats and/or railcars owned or operated by us, provided in connection with, before, after or during Your Cruise, Land Trip(s) and/or Air Package, including but not limited to pre and post cruise activities, shore excursions, hotel accommodations, meals, or transportation of any kind by any vessel, aircraft, or other conveyance, including, but not limited to, air travel to and from the ship (including travel on the airline(s) used in the Air Package), are provided, owned and/or operated by independent contractors whose employees, facilities, conveyances, products and services are not subject to Carrier's supervision or control. In providing or selling reservations or tickets in connection with any such activities, services or transportation or by accompanying You during such activities, Carrier does so as a convenience to Guests and shall be entitled to impose a charge and earn a profit from the sale of such excursions, services or transportation, but does not undertake to supervise or control such independent contractors or their employees, conveyances or facilities. Carrier accepts no liability for any loss, delay, damage, injury, death, misrepresentation arising from any excursion, service or transportation or any loss, delay or disappointment for any cancellations of any excursion, service or transportation including but not limited to air flight cancellation(s), errors in seat reservation, upgrade, overbooking or ticketing. Carrier makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any such contractors, transportation, tours, services, products or facilities. Any liability for such services will be governed by this Cruise Contract and the contracts and/or tariffs between You and such service companies. You agree that, Carrier's liability, if any for Non-Performance of any independent contractor providing such facilities or services shall not exceed the amounts received for such facility or services by Carrier on Your behalf. Any company or person providing services or facilities of any kind in connection with a shore excursion or other activity offered for purchase by Carrier shall have the benefit of every defense to which Carrier is entitled under this Cruise Contract.
(H) Indemnification: You agree to reimburse and indemnify Carrier for any damages, liabilities, losses, penalties, fines, charges or expenses of any nature whatsoever incurred by You or imposed upon Carrier as a result of any act, omission or violation of law or this Cruise Contract by You or any minor or other Guest in Your care.
15. NOTICE OF CLAIMS AND ACTIONS; TIME LIMITATION; ARBITRATION; FORUM; WAIVER OF CLASS ACTION; WAIVER OF RIGHT TO IN REM PROCEDURES OF ARREST AND ATTACHMENT.
(i) Claims for Injury, Illness or Death: In cases involving claims for Emotional Harm, bodily injury, illness to or death of any Guest, no lawsuit may be brought against Carrier unless (1) written notice giving full particulars of the claim is delivered to Carrier within 6 months from the date of the Emotional Harm, bodily injury, illness or death, (2) a lawsuit on such a claim is filed within 1 year from the date of the injury, illness or death, and (3) valid service of the lawsuit is made within 90 days of filing the complaint.
(ii) All Other Claims: No claim of any kind, including without limitation alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this Cruise Contract or Guest's Cruise, Land Trips and/or Air Package, other than for emotional or bodily injury, illness or death of any Guest, shall be brought against Carrier unless (1) written notice giving full particulars of the claim is delivered to the Carrier within 15 days of the actual or scheduled termination date of the Cruise or post-cruise Land Trip, whichever occurs first as specified in connection with this Contract, (2) legal action on such claim is commenced within 1 year from such scheduled termination date, and (3) valid notice or service of any such action is effected upon Carrier within 90 days after commencement of the action.
(i) Claims for Injury, Illness or Death: All claims or disputes involving Emotional Harm, bodily injury, illness to or death of any Guest whatsoever including without limitation those arising out of or relating to this Cruise Contract or Your Cruise, Land Trip(s), or Air Package shall be litigated in and before the United States District Court for the Western District of Washington at Seattle, or as to those lawsuits over which the Federal Courts of the United States lack subject matter jurisdiction, before a court located King County, State of Washington, U.S.A., to the exclusion of the courts of any other country, state, city, municipality, county or locale. You consent to jurisdiction and waive any objection that may be available to any such action being brought in such courts.
(ii) All Other Claims; Agreement to Arbitrate: All claims other than for Emotional Harm, bodily injury, illness to or death of a Guest, whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation alleged violations of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Cruise Contract or Guest's Cruise, Land Trip(s), and/or Air Package, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 ("the Convention") and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., ("FAA") located in King County, State of Washington, U.S.A. to the exclusion of any other forum. You agree the arbitrator shall resolve any dispute as the validity or applicability of this arbitration clause. You consent to jurisdiction and waive any objection that may be available to any such arbitration proceeding in King County, Washington. The arbitration shall be administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference. NAM can be contacted at (800) 358-2550, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, to respond to any questions regarding the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule. The arbitrator must follow this Contract and can award the same damages and relief as a court.
NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR CARRIER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA.
Carrier and Guest agree that each shall have the right to take one (1) deposition of a witness or a party and only one deposition of an expert designated by another party. Such depositions shall be limited to three (3) hours each. The parties further agree that each party shall be permitted to propound to another party a single document production request no more than ten (10) specific categories of documents that are material as evidence in the case. In addition, each part may propound only one set of interrogatories to another party containing no more than twenty-five (25) interrogatories, including all subparts. Upon request by a party, the arbitrator(s) shall have the power to order such discovery, by way of document production, interrogatory, deposition or otherwise, as the arbitrator(s) considers necessary for a full and fair exploration of the issues in dispute. All claims filed in small claims court, and any claim as to which this arbitration provision is deemed unenforceable or which cannot be arbitrated for reasons beyond Your control, shall be litigated in and before the United States District Court for the Western District of Washington at Seattle, or as to those lawsuits over which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in King County, State of Washington, U.S.A., to the exclusion of the courts of any other country, state, city, municipality, county or locale. You consent to jurisdiction and waive any objection that may be available to any such action or proceeding being brought in such courts.
(C) WAIVER OF CLASS ACTION: THIS CRUISE CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION UNDER SECTION 15(B)(ii) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 15(B)(ii) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
(D) WAIVER OF RIGHT TO IN REM PROCEEDINGS: IN THE EVENT OF A MARITIME TORT, YOU MAY HAVE THE RIGHT TO PROCEED IN REM TO ARREST THE SHIP OR IT APPURTENANCES FOR PURPOSES OF SECURITY OR PROCEED QUASI IN REM TO ATTACH ANY OF CARRIER'S SHIPS TO ESTABLISH JURISDICTION. YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO AN IN REM OR QUASI IN REM PROCEEDING TO ARREST OR ATTACH ANY OF CARRIER'S SHIPS FOR THE PURPOSES OF OBTAINING SECURITY OR JURISDICTION, AND WILL RELY SOLELY ON THE CREDIT OF THE CARRIER IN BRINGING ANY CLAIM AGAINST CARRIER, IF AT ALL.
16. USE AND DISPLAY OF LIKENESS; PERSONAL DATA; PRIVACY NOTICE; PUBLIC WIRELESS SERVICES.
You grant Carrier and its licensees the right to use Your photograph/voice/indicia taken during Your Cruise and/or Land Trips in any fashion for any purpose in all media now known or hereafter devised without any limitations whatsoever. Professional photographers photograph Guests, process, display and sell such photos to You and other Guests. Carrier may utilize closed circuit television or other surveillance means on board the ship. You agree You may provide personal data to Carrier that may include Your name, street or email address, date of birth, passport, financial account, and/or telephone numbers, likeness, photograph or other information which would identify You personally. You may also provide Carrier or others certain sensitive data such as Your health, medical condition, dietary or religious restrictions, gender or sexual orientation. You agree Carrier may (a) keep Your personal and sensitive data ("PSD"); (b) use it in its business worldwide in accordance with its privacy policies; (c) share it with Carrier's affiliated/related companies, and (d) subject it to processing worldwide provided Carrier's safeguards are used. You agree any PSD You provide to Carrier in the European Economic Area ("EEA") may be used, processed and transferred within and outside the EEA and specifically to the U.S.
You agree Carrier may disclose Your PSD to unaffiliated third parties: (a) after You request or authorize it; (b) to help complete a transaction for You; (c) to comply with law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas; (d) to enforce this Cruise Contract or other agreements, or to protect the rights, property or safety of Carrier or others; (e) as part of a purchase, transfer or sale of services or assets (f) when provided to our agents, outside vendors or service providers to perform functions on our behalf; or (g) as described in Carrier's policies, as amended from time to time.
You expressly agree not to use any photograph, video recordings and other visual or audio portrayals of You and/or any other Guest in combination with crew or the ship, or depicting the ship, its design or equipment or any part thereof whatsoever for any commercial purpose or in any media broadcast or for any other non-private use, without the express written consent of Carrier.
Carrier may, but is not required to, make wireless Internet or telephone access ("Wireless Services") available as a convenience; Carrier accepts no responsibility for interruptions in its service. You agree to use Wireless Services at Your own risk; Carrier shall not be liable in any manner for resulting claims (including without limitation lack of privacy), losses or damages. Using Wireless Services is public; information sent or received is not guaranteed to be private. Your PSD may be available to third parties. By using Wireless Services You agree Carrier may monitor, record, intercept and disclose any transmissions and may provide to others all information relating to all Wireless Services (e.g., billing, account, or use records), in its sole discretion or as required by law.
A. Arrangements by Carrier: If You are participating in our Air Package, we will arrange for air transportation from the home cities listed in our brochure to the departure point of your Cruise and return air transportation from the termination point of Your Cruise to the home city from which You departed. Due to the special fares and capacity controls we have with airlines, we retain the right to select carriers and determine routings. Some routings may involve travel to an airport other than in the city where the ship embarks or disembarks. In those cases, motorcoach transportation to and/or from the ship will be provided. Flight schedules and/or availability may require overnight hotel accommodations either to join and/or to return from Your Cruise. Please refer to Carrier's website or the applicable brochure regarding our policies on booking hotels and responsibility for the costs of hotels and associated services.
B. Schedule Changes/Air Delays: We reserve the right to change or alter air flights as required by airline schedule changes. If tickets have already been issued, we will adjust Your itinerary or air carrier, accordingly. In that event, we may ask You to return Your tickets to Your travel agent. Should You choose to alter your airline schedule in any way once Your tickets have been issued, airline charges which result will be Your responsibility. If our assistance is requested in changing airline arrangements within 60 days of departure, an additional administrative charge will be levied in addition to any charges imposed by airlines. If You are traveling on a Seabourn ship, and Your flights are delayed, please ask the airline to immediately advise Seabourn's Air/Sea Department, or call us Yourself at 1-866-530-2195 or 1-206-626-9185.
C. Refunds/Seat Assignments/Special Services/Fares/Lost Tickets/Baggage Charges: The maximum refund to You for unused flight coupons will not exceed the air add-on or cruise only credit amount paid to us. We cannot make or confirm seat assignments, special meals or other special services. Your travel agent may assist with these arrangements. Please note that because of changing airline tariffs, Your actual air ticket may reflect fares higher or lower than the air add-on or cruise only credit amounts shown in the applicable brochure. If so, the difference is neither chargeable nor refundable to You. If, however, airline fuel or other surcharges or additional governmental taxes or levies are imposed, we reserve the right to pass these through to You. Please keep your airline tickets in a safe place. Should they be lost, You will be responsible for their replacement. Each airline has its own baggage allowance policy. You are responsible for any excess baggage charges imposed by airlines.
D. Liability and Relationship With Airlines: We will use our best efforts to arrange for Your air transportation. If, however, due to any cause beyond our control, we are unable to arrange for air transportation (including, for example, because of capacity controls placed upon us by airlines due to the types of fares under which we book) or the air transportation we arrange is unavailable or otherwise fails to materialize, our sole liability will be limited to refunding the air add-on paid or cruise only credit. Our relationship with airlines is that of an independent travel agent. We assume no liability for any acts or omissions of any airline including, without limitation, those involving cancellation of flights, schedule changes, re-routings, damage to or delay or loss of baggage, flight delays, equipment failures, accidents, pilot or other staff shortages, overbooking or computer errors. Accordingly, You will not have any right to claim or recover against us as a consequence of any act or omission of any airline. The liabilities and obligations of an airline to You, and Your rights against an airline, are subject to any and all terms and conditions of the airline's ticket and tariffs and any and all governmental laws and regulations bearing upon or otherwise relating to such rights, liabilities and obligations.


text:
package org.elasticsearch.rest.action.admin.indices;

import org.elasticsearch.action.admin.indices.mapping.put.PutMappingRequest;
import org.elasticsearch.action.support.IndicesOptions;
import org.elasticsearch.client.node.NodeClient;
import org.elasticsearch.common.Strings;
import org.elasticsearch.common.logging.DeprecationLogger;
import org.elasticsearch.common.xcontent.XContentHelper;
import org.elasticsearch.core.RestApiVersion;
import org.elasticsearch.index.mapper.MapperService;
import org.elasticsearch.rest.BaseRestHandler;
import org.elasticsearch.rest.RestRequest;
import org.elasticsearch.rest.action.RestToXContentListener;

import java.io.IOException;
import java.util.List;
import java.util.Map;

import static org.elasticsearch.client.Requests.putMappingRequest;
import static org.elasticsearch.index.mapper.MapperService.isMappingSourceTyped;
import static org.elasticsearch.rest.RestRequest.Method.POST;
import static org.elasticsearch.rest.RestRequest.Method.PUT;

public class RestPutMappingAction extends BaseRestHandler {
    public static final String TYPES_DEPRECATION_MESSAGE = "[types removal] Specifying types in put mapping request is deprecated. "
        + "Use typeless api instead";
    private static final DeprecationLogger deprecationLogger = DeprecationLogger.getLogger(RestPutMappingAction.class);

    @Override
    public List<Route> routes() {
        return List.of(
            new Route(POST, "/{index}/_mapping/"),
            new Route(PUT, "/{index}/_mapping/"),
            new Route(POST, "/{index}/_mappings/"),
            new Route(PUT, "/{index}/_mappings/"),
            Route.builder(POST, "/{index}/{type}/_mapping").deprecated(TYPES_DEPRECATION_MESSAGE, RestApiVersion.V_7).build(),
            Route.builder(PUT, "/{index}/{type}/_mapping").deprecated(TYPES_DEPRECATION_MESSAGE, RestApiVersion.V_7).build(),
            Route.builder(POST, "/{index}/_mapping/{type}").deprecated(TYPES_DEPRECATION_MESSAGE, RestApiVersion.V_7).build(),
            Route.builder(PUT, "/{index}/_mapping/{type}").deprecated(TYPES_DEPRECATION_MESSAGE, RestApiVersion.V_7).build(),
            Route.builder(POST, "/_mapping/{type}").deprecated(TYPES_DEPRECATION_MESSAGE, RestApiVersion.V_7).build(),
            Route.builder(PUT, "/_mapping/{type}").deprecated(TYPES_DEPRECATION_MESSAGE, RestApiVersion.V_7).build(),
            Route.builder(POST, "/{index}/{type}/_mappings").deprecated(TYPES_DEPRECATION_MESSAGE, RestApiVersion.V_7).build(),
            Route.builder(PUT, "/{index}/{type}/_mappings").deprecated(TYPES_DEPRECATION_MESSAGE, RestApiVersion.V_7).build(),
            Route.builder(POST, "/{index}/_mappings/{type}").deprecated(TYPES_DEPRECATION_MESSAGE, RestApiVersion.V_7).build(),
            Route.builder(PUT, "/{index}/_mappings/{type}").deprecated(TYPES_DEPRECATION_MESSAGE, RestApiVersion.V_7).build(),
            Route.builder(POST, "/_mappings/{type}").deprecated(TYPES_DEPRECATION_MESSAGE, RestApiVersion.V_7).build(),
            Route.builder(PUT, "/_mappings/{type}").deprecated(TYPES_DEPRECATION_MESSAGE, RestApiVersion.V_7).build()
        );
    }

    @Override
    public String getName() {
        return "put_mapping_action";
    }

    @Override
    public RestChannelConsumer prepareRequest(final RestRequest request, final NodeClient client) throws IOException {
        PutMappingRequest putMappingRequest = putMappingRequest(Strings.splitStringByCommaToArray(request.param("index")));

        Map<String, Object> sourceAsMap = XContentHelper.convertToMap(request.requiredContent(), false, request.getXContentType()).v2();
        if (request.getRestApiVersion() == RestApiVersion.V_7) {
            final boolean includeTypeName = request.paramAsBoolean(INCLUDE_TYPE_NAME_PARAMETER, DEFAULT_INCLUDE_TYPE_NAME_POLICY);
            if (request.hasParam(INCLUDE_TYPE_NAME_PARAMETER)) {
                deprecationLogger.compatibleCritical("put_mapping_with_types", TYPES_DEPRECATION_MESSAGE);
            }
            final String type = request.param("type");
            if (includeTypeName == false && (type != null || isMappingSourceTyped(MapperService.SINGLE_MAPPING_NAME, sourceAsMap))) {
                throw new IllegalArgumentException(
                    "Types cannot be provided in put mapping requests, unless " + "the include_type_name parameter is set to true."
                );
            }

            Map<String, Object> mappingSource = prepareV7Mappings(includeTypeName, sourceAsMap);
            putMappingRequest.source(mappingSource);
        } else {
            if (MapperService.isMappingSourceTyped(MapperService.SINGLE_MAPPING_NAME, sourceAsMap)) {
                throw new IllegalArgumentException("Types cannot be provided in put mapping requests");
            }
            putMappingRequest.source(sourceAsMap);
        }

        putMappingRequest.timeout(request.paramAsTime("timeout", putMappingRequest.timeout()));
        putMappingRequest.masterNodeTimeout(request.paramAsTime("master_timeout", putMappingRequest.masterNodeTimeout()));
        putMappingRequest.indicesOptions(IndicesOptions.fromRequest(request, putMappingRequest.indicesOptions()));
        putMappingRequest.writeIndexOnly(request.paramAsBoolean("write_index_only", false));
        return channel -> client.admin().indices().putMapping(putMappingRequest, new RestToXContentListener<>(channel));
    }

    private Map<String, Object> prepareV7Mappings(boolean includeTypeName, Map<String, Object> mappings) {
        if (includeTypeName && mappings != null && mappings.size() == 1) {
            String typeName = mappings.keySet().iterator().next();
            if (Strings.hasText(typeName) == false) {
                throw new IllegalArgumentException("name cannot be empty string");
            }
            @SuppressWarnings("unchecked")
            Map<String, Object> typelessMappings = (Map<String, Object>) mappings.get(typeName);
            return typelessMappings;
        }
        return mappings;
    }

}

redpajama_set_name: RedPajamaGithub


Christiana's Stuff » The Geek Side of Life: A Song of Ice and Fire – What's the end game?
The Geek Side of Life: A Song of Ice and Fire – What's the end game?
Live from Balticon 49! This is a panel discussion titled A Song of Ice and Fire: What's the End Game? It featured Jay Buechler, Christiana Ellis, Nutty Nuchtchas and Jeff Young. SPOILER WARNING: Do not listen to this episode if you have not read all five books in the series and you care about being surprised.
This entry was posted on Wednesday, August 12th, 2015 at 6:50 am by Christiana and is filed under Extras, Guest Appearances, Non-Fiction, podcasts. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.


Fisicí a rugadh sa Vín ab ea Ludwig Edouard Boltzmann (20 Feabhra 1844 – 5 Meán Fómhair 1906). Chuidigh sé go mór le forbairt theoiric chinéiteach na ngás is na meicnice staitistiúla. Shaothraigh sé prionsabal chomhroinnt an fhuinnimh i ngás (a dtugtar dlí Boltzmann air), agus ainmníodh an tairiseach k sa phrionsabal seo as. Tagann a ainm isteach i ndlí Stefan-Boltzmann freisin, a chuireann síos ar radaíocht dúchoirp.
Tugadh an leathanach seo cothrom le dáta an 4 Nollaig 2013 ag 22:00.


"I think all the players are coming back highly motivated," Riley said. "And I think with a complete roster that we can contend in the East.
Guiding the way back to prominence will be Dragic and shooting guard Dwyane Wade, who also agreed to a new contract last week. Wade's deal, one year for $20 million, is expected to be formalized Friday. With Dragic and Wade in the backcourt, Luol Deng on the wing and Chris Bosh and Hassan Whiteside in the paint, the Heat's starting five looks the part of a serious player in the Eastern Conference.
Though the core appears set for training camp, Riley, Spoelstra, general manager Andy Elisburg and CEO Nick Arison are still appraising the Heat's depth, and the tinkering could extend into next week. Former Phoenix Suns perimeter shooter Gerald Green was added Thursday, and others — including power forward Amar'e Stoudemire — are also on Miami's radar if the price is right.
Green reportedly agreed to a contract for the veteran's minimum ($1.4 million). He made 137 three-pointers last season, or 59 more than the Heat's most prolific outside threat (Deng, 78 three-pointers). Spreading the floor with a shooter will be important with two starting guards who specialize in aggressive drives to the paint. Wade is one of the best attacking players in NBA history, and Dragic converted paint attacks at an exceptionally high rate last season. He was 303 of 444 (68.3 percent) on shots within five feet of the basket.
To put that number into perspective, James Harden, a finalist for the league's MVP award last season, was 305 of 542 on shots close to the rim.
With Dragic at the helm of a healthy team, Spoelstra plans to implement a versatile offense during training camp, but one that favors speed in the open court. That's Dragic's specialty, and it's that style that helped him earn All-NBA honors with the Suns.
The challenge for the Heat: Making all the pieces fit. Dragic has never played with Chris Bosh and reserve Josh McRoberts, who were both injured last season when Dragic joined the team. With those players back, the Heat will look completely different than the product that sputtered to an embarrassing finish in April.
"Everybody knows my style," Dragic said. "I like to play fast, I like to be in the open court and try to make easy plays for others. But this is a team sport, and everybody needs to make a sacrifice.
And perhaps the path to a meeting with James and the Cavaliers in the Eastern Conference playoffs.


Well not quite. But my friend Jerry Hill, from Alexandria, VA, recently sent me an email that said, "Local Trainer Challenges Mayor to Fitness Competition".
Personally, I thought it would be funnier if he challenged him to a prostate exam. I didn't expect him to actually GIVE him the exam, but just challenge him on one.
Okay, all my rambling aside, check out this worthwhile event that is helping to fight Prostate Cancer - and throw in a couple of bucks if you can.


As temperatures rise, parties begin to move outdoors. Below, we've got tips for bringing a laid-back elegance to your garden-inspired party. From stylized tablescapes and themed invitations to lawn games and seasonal cocktails, keep scrolling for seven party-perfect ideas that are sure to leave a lasting impression on your guests.
An outdoor venue often shines on its own, so consider the places where your decorations will have the largest visual impact—like the tablescape. From the greenery-inspired table runner to the soft pink place settings, we love how this table arrangement, featured on 100 Layer Cake, incorporated soft, airy details. Keep in mind that any décor you choose needs to be weighted down. It's best to avoid paper goods unless they're on the heavier side.
Your invite will be the first communication guests receive about your party, so make sure you select a design that sets the tone for what's to come (like lush florals or cascading greenery!) Greenvelope has a variety of garden-inspired invites you can browse here.
Easy-to-grab snacks are perfect for an outdoor party. We love the idea of offering mini charcuterie boards (like this one featured on Pizzazzerie!) and sweet little snack bags that you can serve with chips, popcorn, or mixed nuts.
Your guests will appreciate a beverage option that's made with the season in mind. Seasonal garnishes and fresh ingredients are the perfect way to add a special extra touch. Consider serving a cocktail that's made with muddled fruit or a pitcher of lemonade with fresh sprigs of lavender or slices of lemon.
Games and garden parties go hand in hand. Whether it's croquet, ladder golf, or bocce ball, lawn games are always a hit. If you have space, we even recommend setting out a few balls that your guests can toss around.
We love the idea of incorporating simple flower stems into decorative glass jars (and so will your guests). With a few snips and a little imagination, you can turn humble glass jars into party-perfect decorations.
Have your guests strike a pose. We love the idea of creating a backdrop for photos, especially one with delicate, colorful flowers.


text:
Wilkel wills Whitecap winner
Special to The Sentinel
Jul 31, 2018 at 1:27 AM Jul 31, 2018 at 1:27 AM
COMSTOCK PARK - Wilkel Hernandez smothered opposing hitters with his best start of the season to help the West Michigan Whitecaps defeat the South Bend Cubs in front of a Monday night crowd of 4,915 at Fifth Third Ballpark by a score of 3-0.
The Whitecaps recorded their second shutout in as many days as Hernandez utilized a dominant fastball and limited South Bend to only one single in five innings of work. The 'Caps jumped out to a 1-0 lead against Cubs starter Ryan Lawlor in the second inning. After Joey Morgan doubled, Colby Bortles rapped a two-bagger of his own to score Morgan. In the fourth, Morgan walked before Dylan Rosa drove a triple to the left-center field wall, scoring Morgan. Luke Sherley bunted Rosa home from third, and the Whitecaps 3-0 lead proved more than enough as Clate Schmidt and Will Vest provided stellar relief pitching over the last four innings. Whitecaps hurlers have given up only one run and sixteen hits in the first three games of the four-game series. Conversely, the Cubs haven't scored a run in their last 19 innings of play.
Every Whitecap reached base on the night as the team recorded ten base hits, including four for extra bases. The win represents four in a row for West Michigan, and three over a reeling South Bend team who has lost five consecutive games. Rosa and Morgan each notched two hits and Sherley picked up his fourth RBI in the last two games in the shutout. Hernandez (1-4) struck out six and more importantly, did not walk a batter in his first victory as a Whitecap. Lawlor (1-2) took the loss, going only four innings and surrendered all three 'Caps runs. The Cubs dropped to 51-55 while the Whitecaps win pushed their record to an even 53-53 and moved their deficit to a half-game back from the second-half wildcard spot in the Midwest League Eastern Division.
The Whitecaps and South Bend Cubs finish their four-game series Tuesday at 7:05 pm. West Michigan pitcher Dane Myers gets the start against the Cubs Erling Moreno. Broadcast coverage with Dan Hasty and Mike Coleman begins on the Whitecaps Baseball Network at 6:55 pm. Tickets are available for any Whitecaps 2018 home contest by calling the Whitecaps front office at 616-784-4131 or by visiting www.whitecapsbaseball.com.


text:
900px450px
One Father's Legacy Continued Through Cancer Research Trials
GBMC HealthCare
Greater Living - GBMC HealthCarehttps:/www.gbmc.org/greater-living
https://www.gbmc.org/images/logos/greater-living-logo.png
In 2009, Mr. William E. Kahlert said, "Nothing gives me more satisfaction than to recognize outstanding leaders in the medical world who can have such a significant impact on helping people in our region."
As a patient, the late Mr. Kahlert recognized that research trials identify the latest medical interventions and advancements for cancer patients. The results of clinical trials can extend or save patients' lives as well as contribute to the development of new therapies for the future.
Mr. Kahlert's legacy lives on through his son, Greg, President of the Kahlert Foundation, who renewed the family's commitment to oncology research in June with a $250,000 gift. Greg is eager to support Dr. Paul Celano, who treated Greg's father, in his vision to increase the number of clinical trials for patients as Medical Director of the Sandra and Malcolm Berman Cancer Institute.
Today, the Berman Cancer Institute oversees 37 active oncology trials at multiple disease sites. The breadth and depth of the research program contributes to GBMC's ranking as Maryland's leading community cancer center, the only program in the Baltimore region to receive the prestigious Outstanding Achievement Award for quality oncology care by the American College of Surgeons Commission on Cancer.
GBMC proudly participates in cooperative group trials sponsored by the National Cancer Institute (NCI), which brings together many investigators from hospitals and academic research centers throughout the United States. These trials have played an enormous role in cancer prevention, quality-of-life issues and comparison of different treatment combinations. However, the ongoing decrease in government funding is challenging. Most cooperative group trials only provide about $2,000 per patient, which is well below the $6,000 spent per patient.
Philanthropy is needed to continue providing opportunities to patients that might not otherwise be available. GBMC is grateful Greg Kahlert is whole-heartedly continuing in his father's footsteps by helping GBMC get that much closer to realizing the benefits for these and future patients.
If you are interested in learning more about GBMC's clinical trial program or supporting this important work, please contact Rachel Ladenson, Director of Major Gifts for GBMC Philanthropy, at rladenson@gbmc.org.
Cancer Services at GBMC - Sandra and Malcolm Berman Cancer Institute
Clinical Trials at GBMC
MD, FACP, FASCO
Paul Celano, MD, FACP, FASCO
Ronald F.
Tutrone
Ronald F Tutrone, MD
More Supporting Excellence
Finding Faith Through Trials
Gordon Ashby jokes that he wishes he'd found a different path to faith. But it is exactly that faith that sustained him through multiple bouts with cancer.
Meet Clinical Trials Nurse Manager Laura Morse Cucci
"It's been really amazing, especially with all the support at GBMC, that when there is something that looks like it is not working well, I can get together with my team, come up with solutions, and we can actually make something happen," she says.
Why I Chose Oncology: Dr. Robert Donegan
Dr. Robert Donegan's interest in medical oncology began with kitchen table conversations growing up. His mother was one of the early oncology nurses at Johns Hopkins Hospital in the 1970s. And his older sister Sarah became an oncology research pharmacist. One might say it is in his genes.
With his gift to the campaign to create a new home for cancer care at GBMC, the Sandra R. Berman Pavilion, Dr. Gary Cohen is also building on his legacy. He has chosen to fund a specific feature of the building that is meaningful to him and to his family.
Grateful Spouse Gives Back
At every turn of his cancer journey at GBMC, Ralph and Marcy Campbell found kindness. She was so moved by the care everyone at the Sandra and Malcolm Berman Cancer Institute took of Ralph that after his death, she determined she wanted to give something back. After reviewing her assets and ensuring she had enough to live on and could take care of her children, she established a charitable gift annuity to benefit the Cancer Institute.
Berman Cancer Institute Updates and Accomplishments
Michael Stein, MHSA, FACMPE, has been promoted to Vice President, Clinical and Support Operations, effective November 14. In this new role, Mike oversees oncology, radiology, laboratory, volunteers, food and nutrition, environmental services, patient transport, and the Service Response Center (SRC). Before this, Mike was the Executive Director of the Sandra and Malcolm Berman Cancer Institute.
GBMC HealthCare's vision is to every patient, every time, we will provide the care we would want for our own loved ones. This is something our nurses embody on a daily basis.
Last year was a big one for The Promise Project. After breaking ground on the Louis and Phyllis Friedman Building in September 2021, the team at GBMC spent 2022 constructing and closing in the exterior structure for the Friedman Building and laying the groundwork for the adjacent parking structure and Sandra R. Berman Pavilion.
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