Today I’m thinking about purpose. Fuzzy at first, but as I get older, and in retrospect, I see it was always there. As a young adult, I looked at others. Many seemed happier, more confident, courageous, and more competent. I wanted what they had. It was obvious to me some had discovered the secret to happiness. I decided to find the magic formula too.
I discovered the first key: purpose upon with I was motivated to look deeper. I knew in my heart that I was on this earth for a reason, learning to be happy became that purpose. And now, at 66, mostly retired, after many books, support groups, therapy, relationships, seminars, TED talks, and trial and error, mistakes for sure, hurting others and being hurt, I feel like I figured it out. That doesn’t mean I always execute the plan successfully but I’m getting better.
Purpose seems to me to be the anchor. With conviction of purpose comes the willingness to be brave and risk failing. Risk embarrassment, risk losing the things most important to us, for something more important. This meant severing ties with people and situations, some of whom I loved but held me back, who preferred to keep me in a box.
Fast forward the next 50 years. Only now looking back is my purpose clarified.
To overcome the false beliefs my culture and family taught me in the formative years. I was taught that I was not good enough, to not bother trying, that failure was imminent.
In fact, the truth is, everyone has the potential to do awesome things, to be awesome. Some of us have to learn that for ourselves.
I trained my self, reminded myself, regularly repeated a mantra of sorts, especially in the face of a challenge, “ I am awesome. Despite my imperfections and past mistakes and future failings, I am awesome and will be brave and move forward, step by step. I am the best man for the job.”
Marianne Williamson says it best. “Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us. We ask ourselves, ‘Who am I to be brilliant, gorgeous, talented, fabulous?’ Actually, who are you not to be? You are a child of God. Your playing small does not serve the world. There is nothing enlightened about shrinking so that other people won’t feel insecure around you. We are all meant to shine, as children do. We were born to make manifest the glory of God that is within us. It’s not just in some of us; it’s in everyone. And as we let our own light shine, we unconsciously give other people permission to do the same. As we are liberated from our own fear, our presence automatically liberates others.”
With the benefit of hindsight, I now believe my purpose has been and will continue to be multifaceted.
To love myself, and love others. One of the wonderful teachings of the Dalai Lama, something he says quite regularly, is “My religion is kindness.”
Explore, have fun, feel deeply the joys and hurts that come with striving, play, lost love, compassion, and even hopelessness. Live large. No regrets.
To laugh. A lot. With others. And to help them to laugh. My mind is twisted at times, possessing a warped sense of humor. As I’ve gotten older, I’m more willing to let those twisted play on words and crazy thoughts spill out. And I find I’m not alone. Others have them too. Not all are brave enough to let them spill out.
Show up. Volunteer to help when I can. Be a witness. Be willing to do what others may not know how to do, or can’t bring themselves to do.
Simply put, my goal has been to live more of my life in categories 1-7 (see picture below) and less in 8-22. Most of the time, I’m there now. I lived the first half of my life oftentimes in the 8-22 categories.
We get to choose the categories we live by. Not instantly, not magical. More like a garden. A life that is cultivated with work, joy, risk, failures, resilience, and decisions. One foot in front of the other. My life experiences and choices, processing, have made this possible and I know it is possible for anyone.
I found the image below in a YouTube video. It can be watched here.
“You can’t handle the truth.” A memorable line from the movie “A Few Good Men.”
There is only so much free time to take in the details. We don’t know what we don’t know. What we think we know is completely true either.
Politics: The GOP is striving to eliminate the truth from our history classes in public schools. Why? The truth hurts. But it doesn’t change the facts that our country was built for over 300 years on the backs of the powerless. Now, they are adamantly opposed to an investigation into the January 6 uprising at the capitol. Yesterday they voted to not even have a debate about voting rights. What are they afraid of? They can’t handle the truth.
On international tests of high school students scored, I’ve heard but can’t find the source that the categories where students in the USA scored the highest was confidence in themselves. They think they are pretty smart, despite having scores well below others. Therein lies the benefit of an education system or culture that promotes how great we are, without any facts to back it up. Some would call that propaganda. If you think we are so smart, please explain to me the high percentage of people that still believe in Trump. “His ratings among all adults stands at 32 percent favorable, 55 percent unfavorable…”
Say what you want about our great country but here, the richest of the rich profited off of the Covid-19 crisis while the great US of A ranks pretty poorly among industrialized nations in poverty. Furthermore, “The United States has one of the highest rates of child poverty among high-income countries.”
If you really knew the facts about the development of Christianity over the last 2,000 years, would you still be a Christian? Or are you more comfortable believing what you are told from someone steeped in the belief system (or cult) rather than doing your own research and making tough decisions for yourself? I know it is tough to turn away from much of what you grew up believing, and it might even mean being ostracized from your primary group. Ready to take the leap? Here’s a good one to start with.
Healthcare in the USA. We have one of the most expensive healthcare systems in the country. And one of the few if not only industrialized nations without universal healthcare. We send money to other countries that have it, but we don’t have it. However, CEO’s of insurance companies certainly seem to continue to collect more money than anyone needs.
In the great USA, we pretty much allow freedom of speech to our detriment. Or at least we are not willing to provide the resources to educate people to know the difference between shit or Shinola. I don’t know them well but can you imagine if one of the requirements of graduation from high school was to demonstrate a working understanding of logical and illogical arguments.
Finally, maybe, is the topic of healthy eating. Nutrition. Everything I’ve read in the last 20 years convinces me that government and greedy food processors has successfully convinced us that that western American diet is good for us. but in fact, “The United States has the 12th highest obesity rate in the world of 36.2% and is the most obese OECD country. Obesity rates vary significantly between states](/state-rankings/obesity-rate-by-state), ranging from 23% to 38.10%. This is due to the same diet, environment, and cultural factors that cause variations between countries. Diet is primarily to blame, with Americans receiving mixed messages about what they should be eating and how much of it. With campaigns promoting daily physical activity and proper nutrition, Americans often opt for fast, cheap, and filling options such as processed packaged food, fast food, and larger portions.” Learn more?
The evidence seems conclusive, possibly even irrefutable. We can believe what we want. We can ignore the evidence, and the science and continue to let greedy folks sell us on the idea that animal meat is good for us. We can ignore that current practices of raising meat and harvesting fish is killing the environment, making climate change worse, and makes us unhealthy, with a medical system ill equipped to treat us.
It is every man and woman for himself to seek the truth. There is enough out there to make decisions that are best for ourselves and those that come after us. So why is handling the truth so difficult? Being totally honest with ourselves and others is the ultimate example of vulnerability. Brene Brown defines it as “uncertainty, risk and emotional exposure.” Sounds like pretty unpleasant feelings. New information requires new beliefs and new actions, oftentimes, not easy. If completely honest, we could lose a lot. Our lives of relative luxury and convenience, our connections, our community, our identity, all things we hold dear. Even family. On the other hand, I hear the reward is great.
I’m not saying I’m more honest or truth seeking than you. I know we are all imperfect and somewhere on the continuum. Your thoughts are welcome.
“The single biggest thing I learned was from an indigenous elder of Cherokee descent, Stan Rushworth, who reminded me of the difference between a Western settler mindset of “I have rights” and an indegenous mindset of “I have obligations.” Instead of thinking that I am born with rights, I choose to think that I am born with obligations to serve past, present, and future generations, and the planet herself.”
This. Hits. Hard. The inability to receive support from others is a trauma response. Your “I don’t need anyone, I’ll just do it all myself” conditioning is a survival tactic. And you needed it to shield your heart from abuse, neglect, betrayal, and disappointment from those who could not or would not be there for you. From the parent who was absent and abandoned you by choice or the parent who was never home from working three jobs to feed and house you. From the lovers who offered sexual intimacy but never offered a safe haven that honored your heart. From the friendships and family who ALWAYS took more than they ever gave. From all the situations when someone told you “we’re in this together” or “I got you” then abandoned you, leaving you to pick up the pieces when shit got real, leaving you to handle your part and their part, too. From all the lies and all the betrayals.
You learned along the way that you just couldn’t really trust people. Or that you could trust people, but only up to a certain point. Extreme-independence IS. A. TRUST. ISSUE.
You learned: if I don’t put myself in a situation where I rely on someone, I won’t have to be disappointed when they don’t show up for me, or when they drop the ball… because they will ALWAYS drop the ball EVENTUALLY right? You may even have been intentionally taught this protection strategy by generations of hurt ancestors who came before you.
Extreme-independence is a preemptive strike against heartbreak. So, you don’t trust anyone. And you don’t trust yourself, either, to choose people. To trust is to hope, to trust is to be vulnerable. “Never again,” you vow. But no matter how you dress it up and display it proudly to make it seem like this level of independence is what you always wanted to be, in truth it’s your wounded, scarred, broken heart behind a protective brick wall. Impenetrable. Nothing gets in. No hurt gets in. But no love gets in either. Fortresses and armor are for those in battle, or who believe the battle is coming. It’s a trauma response.
The good news is trauma that is acknowledged is trauma that can be healed. You are worthy of having support. You are worthy of having true partnership. You are worthy of love. You are worthy of having your heart held. You are worthy to be adored. You are worthy to be cherished. You are worthy to have someone say, “You rest. I got this.” And actually deliver on that promise. You are worthy to receive. You are worthy to receive. You are worthy. You don’t have to earn it. You don’t have to prove it. You don’t have to bargain for it. You don’t have to beg for it. You are worthy. Worthy. Simply because you exist.~~Jamila White, @inspiredjamila
Everyone is entitled to their own opinion, but you need to know how silly you look if you post some variation of, “Welcome to Socialism…”
You are not seeing Socialism. Whay you are seeing is one of the wealthiest, geographically advantaged, productive capitalist societies in the world flounder and fail at its most basic test. Taking care of its people.
The crisis is not about the virus.
This crisis is about the massive failure of our “Booming economy” to survive even modest challenges. It is about the market dissonance of shortages in stores, even as farmers/producers destroy unused crops and products. This crisis is about huge corporations needing an emergency bailout within days of the longest Bull Market in our history ending and despite the ability to borrow with zero percent interest rates.
This crisis is about corporatized healthcare systems being unable and ill equipped to provide basic healthcare, at the same time they post record profits. It is about crisis response depending on antiquated systems nobody remembers how to operate.
But most of all, this crisis is a direct result of the politicization of every aspect of our society for the benefit of a privileged few. The vilification of education, science, media, natural rights, rural lifestyles, urban lifestyles, charity, compassion and virtually everything else for brief political gain has gutted our society.
You are pro life until your wife is told by the doctor that her pregnancy is non viable, her baby has no kidneys or a brain, and will most likely die before birth. Under some new state laws, the doctor cannot remove the fetus, even if it is stillborn, and your wife is forced to follow through with the delivery. You get to watch the fallout of her having to tell family, friends, co-workers, over and over what is going to happen when they ask her when’s she’s due.
You are pro life until the doctor tells you and your wife that she will most likely die if the pregnancy is brought to term, along with the baby. Your future, your soulmate, your everything will likely disappear in less than one short year and nobody can help you.
You’re pro life until your wife has a partial miscarriage, and doctors refuse to remove the rest of the fetus citing the new abortion laws. Your wife dies of septic. You get to arrange the funeral.
You’re pro life until your daughter is raped and your are forced to suffer through her pregnancy, only to have her die in a failed attempt to abort at home.
It’s not your body, not your choice! There are many different circumstances. It doesn’t always mean what you think it means.
Not one bill tells a man what to do with his body. Not one bill makes a man step up and be a dad. This is not ok!
I agree it’s not a form of birth control. But a woman should be able to decide on her own as it is her and her alone who has to deal with the decisions.
“Just so we’re clear, those of you who are concerned about our teaching America’s past and current issues having to do with race, please check which box you want to ban from the classroom.
Enslavement of West Africans (1619-1865)
Which entailed beatings, rape, murder, family separation, theft of labor, and the summary execution of anyone who fomented rebellion.
Bacon’s Rebellion (1676)
A biracial rebellion which resulted in White indentured servants and poor free whites receiving privileges, never to be enjoyed by free Blacks, much less the enslaved, in an effort to thwart a rebellious multi-racial alliance of the working poor.
Indian Genocides & removals (1630s-1890)
Land was taken by the British and American governments and the indigenous people were either killed or removed by White governments and populations in the name of expanding the umbrella of British rule and later, the US Constitution.
Black Codes (1865- 1967)
Laws restricting movement, mandating employment, forbidding gun ownership, and banning interracial marriage until 1967. Vagrancy laws which burdened Americans of color far more were on the books until the Papachristou vs Jacksonville decision in 1972.
Jim Crow; military/school segregation (1865-1948/1968)
Jim Crow laws started in Massachusetts prior to the Civil War and were in force until the Civil Rights Act of 1964. While Brown vs. BOE Topeka said segregation was unconstitutional, most states did not integrate until the mid 1960s, and some not until 1968 with Green vs. New Kent County. President Truman integrated the military in 1948, sparking the exodus of White “Dixiecrats” to leave the Democratic Party and join a Republican Party which was becoming openly hostile to civil rights in 1964.
“Between 1882 and 1968, the Tuskegee Institute recorded 1,297 lynchings of Whites and 3,446 lynchings of Black people.” The extra-judicial murder of George Floyd by police officer Derek Chauvin falls into the category of a lynching.
Disenfranchisement in the South (1898-1965?)
Disenfranchisement of southern African Americans started around 1876 and was all but complete by 1898, not restored until the Voting Rights Act of 1965, and now the right is being slowly chipped away enabled by Shelby County vs. Holder in 2013.
While the National Housing Act of 1934 and the Federal Housing Administration created in 1935 was designed to assist with home financing for the working/middle class, between 1945 and 1959, African Americans received less than 2 percent of all federally insured home loans due to banks designating traditionally Black areas of cities too risky to lend to families desiring to own a home in those neighborhoods, enabling Whites to accumulate wealth while thwarting Black accumulation of wealth, creating economic disparities which persist to this day.
There are some great memes explaining issues much better than I can. Furthermore, the people that need to hear those words, mostly close minded, or ignorant so called representatives in politics don’t allow memes on their comment section of Facebook. The few that concern me are in TN, which is where I live now. Sen. Bill Hagerty, Marsha Blackburn and our governor Bill Lee.
Here’s to I recently decided to type up. Feel free to copy and paste to inform your similarly hard headed representatives. Here is the picture, which you can download. Underneath it is the text you can copy.
“It’s No Accident
It’s no accident that you learned about Helen Keller instead of W.E.B. DuBois.
You learned about the Watts and L.A. Riots, but not Tulsa or Wilmington.
You learned that George Washington’s dentures were made from wood, rather than the teeth from slaves.
You learned about black ghettos, but not about Black Wall Street.
You learned about the New Deal, but not “red lining.”
You learned about Tommie Smith’s fist in the air at the 1968 Olympics, but not that he was sent home the next day and stripped of his medals.
You learned about “black crime,” but white criminals were never lumped together and discussed in terms of their race.
You learned about “states rights” as the cause of the Civil War, but not that slavery was mentioned 80 times in the articles of secession.
Privilege is having history rewritten so that you don’t have to acknowledge uncomfortable facts. Racism is perpetuated by people who refuse to learn or acknowledge this reality. ~ @TheFortySeveners”
They may get you what you want, but you will think you are paying $1 when in fact, they will set you up for $19/month payments without you knowing it.
I only found this out when I called them, spoke with Terrell and to why I hadn’t received my report. Upon learning of the extra charge, I demanded a full refund, which they gladly gave me.
Later, in the online chat, “Diana” said I may have accidently hit a button that allowed the upgrade. Nonsense. In the phone call, “Terrell” said the details were in the service agreement. More nonsense.
Here is the “chat” with Diana:
Diana – Online Assistant 09:02
Welcome to Customer Service Livechat. In order to pull up your account, could you please provide me the email address, full name and zip code you used to order our services?
Hi Diana, how are you today.
Diana – Online Assistant 09:02
Please let me know your full name and email address so that I can assist you.
Richard S. Tidyman,
Diana – Online Assistant 09:03
Thank you for providing the information. Please wait while I check your order details in our system.
Ok, how may I assist you?
I’m searching in the agreement that says the fee for a search is $1`8 and change. I falsely assumed it was $1. A gentleman over there told me it is in the details.
Diana – Online Assistant 09:05
Our records show that you enrolled to the volume discount package. This package carries a payment plan of 12 instalments for $18.95. This entitles you to 19 reports per month. You have been charged with $18.95 for volume discount package. I apologize for the inconvenience this may have caused you. You have already been refunded the amount of $18.95 and your account was closed, confirmation number: 3442116.
Yes, and I appreciate that.
But the gentleman, Terrell, I believe said the details of the $1 vs the $18 was in the agreement. I’m searching for it but can’t find it.
Diana – Online Assistant 09:06
I apologize for the inconvenience this may have caused. May I please have the full Property address you were searching? As soon as you send me the details my manager Brian Thompson will immediately locate the information you require and email it to you within the next 30 minutes.
You are not answering my question. Re: Terms and Conditions. Where does it say that the fee is $18? The property details I wanted were on ??? Noes Chapel Rd., Morristown, TN 37814
Diana – Online Assistant 09:08
On the page where you submit payment there is an option for an $18.95 upgrade, it could have accidentally been selected. I am sorry if there was any confusion.
Maybe so. I’ll try again and see if that upgrade option presents itself.
Diana – Online Assistant 09:12
Your account has already been closed and refunded with the amount of $18.95. Please wait for 3-5 business days for it to appear on your regular statement. Please be assured you will never be charged again.
Here are screen shots of the process. You tell me, was it clear I was going to get charged a monthly fee of $19/month?
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All content and other materials available through the Website and Services, including without limitation the Property Record logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by Property Record or are the property of Property Record’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title, or interest in or to any such materials.
(d) DMCA Policy
As Property Record asks others to respect Property Record’s intellectual property rights, Property Record respects the intellectual property rights of others. If you believe content located on or linked-to by the Website violates Your copyright, you are encouraged to please immediately notify Property Record by means of emailed notice (“Infringement Notice”), providing the information described herein. If Property Record takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Property Record. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices should include the following: 1. A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; 2. An identification of the copyright claimed to have been infringed; 3. A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Property Record to find and positively identify that material; 4. Your name, address, telephone number and email address; and 5. A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.Infringement Notices should be sent to email@example.com with the subject line “DMCA Notice PropertyRecord.com”. Property Record will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.
16. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
THIS SITE IS PROVIDED BY PROPERTY RECORD ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROPERTY RECORD DOES NOT SPECIFICALLY WARRANT OR GUARANTEE THE ACCURACY OF ITS SEARCH REPORTS. THE INFORMATION CONTAINED IN OUR REPORTS REPRESENTS THE LIEN RECORDS AND DATA OF THE NATIONAL DATABASE PROVIDERS ON OR BEFORE THE DATE AND TIME INDICATED ON THE REPORT. PROPERTY RECORD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LIENS OR SECURITY INTERESTS FILED AFTER THE DATE AND TIME INDICATED ON THE REPORT. IN ADDITION, PROPERTY RECORD SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE CRIMINAL OR FRAUDULENT ACTS OF THIRD PARTIES. PROPERTY RECORD MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE TURN AROUND TIME OF ITS SEARCH REPORTS. PROPERTY RECORD IS NOT RESPONSIBLE FOR ANY DAMAGES, DIRECT, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, THAT YOU MAY SUFFER AS A RESULT OF AN UNUSUAL DELAY IN THE TRANSMISSION OF OUR REPORTS. BY ACCEPTING THIS LICENSE TO USE OUR WEBSITE YOU ALSO AGREE THAT, AS A CONDITION OF ANY PAYMENT TO YOU, YOUR SUCCESSORS OR ASSIGNS, BY PROPERTY RECORD AS PART OF ITS GUARANTEE OF THE ACCURACY OF ITS REPORTS, YOU, YOUR SUCCESSORS AND ASSIGNS WILL SUBROGATE ANY AND ALL RIGHTS THAT YOU MAY HAVE AGAINST ANY PARTY THAT CAUSED THE LIEN OR SECURITY INTEREST TO BE FILED.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROPERTY RECORD, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER PROPERTY RECORD NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE LIABILITY OF PROPERTY RECORD FOR DAMAGES ARISING OUT OF THE FURNISHING OF SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, OR ARISING OUT OF THE FAILURE TO THE FURNISH SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. PROPERTY RECORD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF PROPERTY RECORD, PROPERTY RECORD PARTIES, OR PROPERTY RECORD USERS, OR THEIR AGENTS OR REPRESENTATIVES.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD PROPERTY RECORD OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR
DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF PROPERTY RECORD AND ITS LICENSORS AND SUPPLIERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PROPERTY RECORD OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO PROPERTY RECORD OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF PROPERTY RECORD AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PROPERTY RECORD AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND PROPERTY RECORD OR BETWEEN YOU AND ANY OF PROPERTY RECORD’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. PROPERTY RECORD’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
17. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Property Record policies, and with any applicable laws or regulations.
18. INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You (the “Indemnitor”) agree to defend, indemnify and hold harmless Property Record and the Property Record Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Property Record, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between You and Property Record, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) Your access to or use of the Website or Services; (iv) Your provision to Property Record or any of the Indemnitees of information or other data; or (v) Your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
19. GOVERNING LAW; JURISDICTION AND VENUE
(a) Binding Arbitration
The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and the Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and Company agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Company will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in a Court of Competent Jurisdiction, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
(b) Restrictions Against Joinder of Claims
You and Property Record agree that any arbitration shall be limited to each Claim individually. YOU AND PROPERTY RECORD HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR PROPERTY RECORD’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to be unenforceable, then, to the full extent allowable under applicable law, (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
(c) Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude You or Property Record from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Property Record from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. As used herein, “Court of Competent Jurisdiction” means any federal or state court that has jurisdiction over the subject matter.
(a) BY PROPERTY RECORD
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, PROPERTY RECORD RESERVES THE RIGHT TO, IN PROPERTY RECORD’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b) AUTOMATIC TERMINATION UPON BREACH BY YOU
This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by Property Record.
(c) BY YOU
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to Property Record notice of Your intention to do so, in the manner required by this Agreement.
(d) EFFECT OF TERMINATION
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, Property Record may, but has no obligation to, in Property Record’s sole discretion, rescind any services and/or delete from Property Record’s systems all Your Personal Information and any other files or information that You made available to Property Record or that otherwise relate to Your use of the Website or Services. Upon termination, You shall cease any use of the Website and Services. Subsequent to termination, Property Record reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
(e) LEGAL ACTION
If Property Record, in Property Record’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, Property Record will be entitled to recover from You as part of such legal action, and You agree to pay, Property Record’s reasonable costs and attorney’s fees incurred as a result of such legal action. The Property Record Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 4-9, and 12-23 will survive any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. Property Record shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Property Record. You agree that any notice received from Property Record electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH PROPERTY RECORD IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY PROPERTY RECORD OF AN EMAIL TO THAT ADDRESS.
22. PARTIAL INVALIDITY
Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction, to be invalid, void, or unenforceable.
You agree that posting a review to our website, any website referred by us, email or live chat may be used without limit and at our sole discretion for any use we deem appropriate. You also agree that such review becomes our sole intellectual property and may be used without payment or royalty forever. You assign all rights to the review to us without reservation.
This Agreement constitutes the entire agreement between Property Record and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Property Record or by the unilateral amendment of this Agreement by Property Record and by the posting by Property Record of such amended version. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Property Record. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You and Property Record are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except for the Property Record Parties and the Indemnified Parties as and to the extent set forth in Sections 8, 14, 16a, 18, 20e, and 23 and in this paragraph, and Property Record’s licensors and suppliers as to the extent expressly stated in this Agreement, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to Property Record and Property Record’s licensors and suppliers, and would therefore entitle Property Record or Property Record’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
More time at home, doing chores, letting go of old hobbies, re-creating others, and some new.
I’ve learned lately. Tooth pain might be a simple fix. The dentist suspects I grind my teeth. $20 and follow the directions and I have a custom protection from grinding. Fits like a glove too.
Danielle makes oatmeal about once a week. I’ve made bacon in the cast iron skillet (least favorite but I get to see my local friendly firefighters when the fire alarm goes off), in the oven, still pretty good, but still provokes the local VFD, and now, an air fryer. Perfect for 2-3 people.
If you stay open to possibilities, listen to your intuition, there are plenty of opportunities to continue to learn, and also put your skills to work to help the community, large and small. I’m focusing on the local community these days. Lately, its a volunteer gig driving folks to their appointments and shopping. I think I’m last on the list of people to call so I might only do this once or twice ever couple of weeks. Nice, appreciative folks. It gives me a chance to run some errands or catch up on the news while waiting.
I sold my scooters. They weren’t little whiney scooters, these were highway capable 100 mph scooters (if pressed). But I’m done. Too many folks I knew got hurt or had close calls. And I can’t afford to take chances. My Toyota Prius gets just as good mpg and plenty of options for comfort, safety and entertainment.
New Hobbies! I joined the local Maker Space. People with awesome skills from which I can learn. If I don’t have a tool at home for the thing I’m making, they probably do. I’ve taken classes on 3d printing and graphic design. And more woodworking tools than I could ever afford or store. Fun stuff for me.
Change is good. Challenges make us who we are. Hopefully, learning never stops.
How was your year? What have you let go of? What are you doing new and different? What are you learning?