9.29.2018




It's just the coffee talking...

I know a lot of people find themselves falling down a deep rabbit hole when they decide to look up one tiny, little bitty thing online.

This morning I was reading an exchange between two people online on a random news story.
This led me to wonder if what one of them said was true about where revenue from traffic tickets goes to and how it's divided.
This led to... well, falling down that proverbial rabbit hole.

Whoa.

Honestly, it got scary.

Here is where I started:  a simple question, with about a billion returns from the internet search but for example, here is one of them.

Where Does The Money From A Speeding Ticket Go?

From motorists.org:

".... Here’s how a typical speeding ticket (in this case a ticket from Indiana that we paid though our Traffic Justice Program) is divvied up:
State Courts: $49.00
County Courts: $18.90
City Courts: $2.10
Law Enforcement Fee: $4.00
Jury Fee: $2.00
Highway Work Zone: $0.50 (??)
Auto Record Keeping Fee: $7.00
Document Storage Fee: $2.00
Infractional Judgments: $99.50  The fine!
Public Defense Administration Fee: $3.00
Judicial Insurance Adjustment: $1.00
Judicial Salaries Fee: $18.00:  Do you think murderers and rapists pay this fee too?
DNA Sample Processing Fee: $2.00  Very common service for traffic tickets.
Court Administration Fee: $5.00
Total Cost Of Ticket: $214.00

This should help explain why average traffic ticket recipients start out with two strikes against them when they enter traffic court. The court system just can’t afford to offer real justice. If it did it would drown in its own workload and go broke in the process."
 

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Some of my internet search returns were leading me to news articles that in a 'round about' way had to do with my topic, but they were actually about speed traps, illegal confiscation, and people all over the country that were pulled over for something as simple as backing out of a driveway 'improperly' and had thousands of dollars taken from them that have never, ever been returned to them; even when they were never charged with a crime and the money was found to be for their business deposit to the bank, to buy a vehicle they were literally on their way to buy, etc.  

"Civil forfeiture in the United States, also called civil asset forfeiture or civil judicial forfeiture or occasionally civil seizure, is a legal process in which law enforcement officers take assets from persons suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing. 

Civil forfeiture involves a dispute between law enforcement and property such as a pile of cash or a house or a boat, such that the thing is suspected of being involved in a crime. To get back the seized property, owners must prove it was not involved in criminal activity."

But so much of the time the system makes it impossible to wade through for the falsely accused and they never get their money back.


So... as I mentioned, this is a long and deep rabbit hole and it has so many other tunnels attached to it that you (I) can end up with 35 different browser windows open with different yet related topics.  It's a very interesting read - and although the law supposedly changed in 2015 (?) to make it harder for law enforcement to illegally confiscate the assets (cash) that an innocent driver has on them or in their car; it obviously hasn't been implemented as it should because it's still happening.

If this is a topic of interest you can start with a couple random news articles NPR and FOX to get you started but beware, you better have a hot cup of coffee and a couple hours in front of you because this topic gets deep....
"Cops can always find an excuse to stop you.
On the morning of April 15, 2013, Trooper Justin Simmons, who is part of an "interdiction team" that looks for contraband and money to seize, pulled over William Davis and John Newmer­zhycky, who were traveling west on Interstate 80 in a rental car, a red Nissan Altima. Simmons later said he had received a vague tip from "an Illinois law enforcement officer" to be on the lookout for a red car, but he did not know why. Obviously that did not rise to the level of reasonable suspicion, which Simmons needed to stop the car. So instead he claimed that he pulled Davis and Newmer­zhycky over because Newmer­zhycky, who was driving, failed to signal as he passed a black SUV. But as can be seen in the video recorded by Simmons' dashcam (starting around the 00:28 mark), Newmer­zhycky did signal. In the absence of such contrary evidence, cops are free to invent minor traffic infractions to justify a stop they want to conduct for other reasons. Although it does not condone such prevarication, the Supreme Court has said any valid legal reason makes a stop constitutional, even if it's a pretext for a more ambitious investigation."



This post is so disjointed and long already... I know... but there are just SO MANY SUB TOPICS TO THIS TOPIC.  And it's just one after another after another that are so interesting yet terrifying because it can happen to anyone - anywhere.  Big cities like Washington, DC or dinky little towns like this town in the middle of nowhereville Alabama with a population of about 500 people.

This story sucked me in because during an interview with the then-police chief, he admitted they MADE UP THE ENTIRE TOWN COURT SYSTEM IN ORDER TO MAKE MONEY.

I certainly hope this innocent man got (gets?) his money back.  


Castleberry Revolts After Mayor, Judge, & Cops Collude To Con Residents

".... the police department, created in 2009, was nearing bankruptcy due to a lack of ticket revenue, thus, together with city council, it planned a scheme to rip-off the residents and fill its coffers. Mayor J.B. Jackson admitted to AL.com: 

“We didn’t have much so Hawsey [police chief] come to me and said ‘There is a lot of crime in this town and a lot of drugs coming through this town’. So he said why don’t we set up a court system to get some money coming in. We hired our own DA and own judge. The revenues started to grow and we built out the police department.”

After the town came to know of the program, its mayor, a municipal court judge, a prosecutor and the police chief were ousted. The 550-people town currently has three full time and one part-time police officers, including a couple of dispatchers."

An Alabama speed trap out of control

"Just moments after Trey Crozier backed his silver 2002 Mercury Sable onto a small road in Castleberry, a wisp of a town in south Alabama, he found himself face-to-face with two police officers wearing military-style flak jackets, and camouflaged trousers tucked into dark assault boots.

The officers opened the doors of Crozier's vehicle and forced him and his passenger out on to the street so the vehicle could be searched. Despite the dramatic attire of the Castleberry Police Force, it was not a military operation. Crozier was being stopped for improperly backing out of a driveway.

But what was supposed to be a standard driving infraction turned into an early Halloween nightmare for Crozier, on Oct. 26, 2016. His car was towed and the Castleberry Police Department confiscated $1,750 from him.

He was caught in one of the worst speed traps in Alabama.

And he was never charged with a crime. And according to the lawsuit and court records, he was never even charged with a traffic offense."






I have just spent about an hour on this post - just typing as I was 'talking' over coffee... but my coffee gone, my head is swimming with the 5 other sub-topics that grow off this one and there just isn't any way for me to just focus on one topic when it comes to this.

With my head spinning with an overload of information (and perhaps it's some of the caffeine of the last 4 or 5 cups of strong, hot, morning coffee...)  I need to just stop typing and stop READING MORE ARTICLES ONLINE, and go brew another cup.


.... it's just the coffee talking again.






















9.27.2018

My latest solo camping trip - An overnight last second decision trip with my 2 dogs

Edited:  This is now a little bit shorter than the original version.  Took out a couple parts.  :)


I grabbed a fresh cup of coffee and thought I'd finally (finally, finally!) get around to discussing some of the food options we took on our Girls Camping Trip 2018 (2 week camping trip in May to Arizona, New Mexico and Arkansas).  However, once I sat down and opened the editor, I realized I haven't posted about my latest camping trip yet either and frankly, I was more in the mood to talk about that than camp food...  so let's do this!

There is a campground I've talked about for the past couple years that I really, really wanted to go to whenever I could 'get time' (which is... rare).  It's 'primitive' camping - no water, no electricity, etc. but honestly that is the kind of camping I prefer.  I avoid busy 'campgrounds' and RV's and people like the plague.

I woke up Wednesday morning and found myself doing a bunch of repairs and tasks around the house and outside, when I saw my two backpacks and on a whim, opened them to do inventory.

That did it.

Before I knew it, I was tossing one of the backpacks into my car, grabbing the dogs, some dog food, and my purse and I was on the road.

Not at all planned... but it felt perfect.  I was bound for hiking around a state park and then I wanted to check out the primitive campground I'd been talking about for a couple years.
 
I arrived at the area about 1 1/4 hours later after taking all kinds of crazy back roads to get there.  I had the two dogs with me so we did a bit of hiking but only short trails that dogs were allowed on.



   It was 90 degrees out and absolutely beautiful.



By now it was about 3:00 so I decided I better find a place to stay for the night.  I was going to check out the primitive campground of course but there was also a 2nd primitive camp area I wanted to see that was run by the state park.  So I drove around a bit.
I checked out the primitive campground ran by the state park.  I had driven by it earlier but thought it was closed as they had short cattle gates and a padlock on them.  When I talked to the state park office they said to park outside the gates, walk on in and look at the sites, then come back and tell them which one I want and they'll give me a gate code.

So I went.  And I was the only person in the area.  It was silent. Empty.

It was actually kind of eerie and it felt so... abandoned, but in a horror movie kind of way.

I liked that it was gated so, since I was alone, I didn't have to worry about people approaching my tent at 2:am, but I also thought about the fact that if someone approached my tent during the night from the forest or on foot, I would be locked 'in' the campground and couldn't drive away quickly.

I left and went to the original primitive campsite that was in the plans from the beginning.

There was only one other tent in the whole area and it looked abandoned.  No vehicles, no personal items. The tent was faded and looked repaired with duct tape at some point.  That was the only sign of life.


 

This portable privacy tent has made ALL the difference in camping. Such a great investment along with my portable loo.

My watch dogs...  A car drove in and parked about 3 campsites away.  It was just a 'day hiker' - a single guy who was there to park and hike and was apparently not camping.  My dogs kept him in sight to make sure he was not going to be a threat to me.





And you can tell when the dogs are relaxed and not 'on guard'.
Here they are hanging out while I read a book.


I had a quiet afternoon and evening.
I read, I made dinner.
It was pretty hot and the rain had started and stopped all day so it was steamy and humid.  So instead of changing into my pajama pants and t-shirt, I just went to bed in my shorts and t-shirt I was already wearing.

It was hot so I wasn't really sleeping and the dogs kept getting up and walking around; thereby getting 'stuck' around tree stumps and such, so I had to get up and leave the tent to get them unwound and tell them to lay back down outside the tent.

Around midnight a vehicle came barreling in... went straight to the 'abandoned' tent across the way.  I guess it wasn't abandoned after all. The dogs were growling and did a short warning bark but after about 10 minutes the persons flashlight was turned off and they seemed to settle down for the the night.


The next morning.... coffee!




More information about the Boshen Pop-Up Privacy Tent from my original post:  https://www.coffeetalking.com/2018/03/girls-road-trip-2018-boshen-pop-up.html  and available from Amazon:  Boshen Portable Privacy Tent Shelter Bathing Fitting Room with Window and Carrying bag(Green)


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If you enjoy visiting Just the Coffee Talking, please consider using this affiliate link if you are planning to shop for anything (seriously, anything!) at Amazon. - Amazon by Coffee Talking


Related Post on It's Just the Coffee Talking: A list of camping gear and items I bought and used on our Girls Road Trip 2018 camping and hiking across Arizona











9.25.2018









9.21.2018

No School Dress Codes in the 80's - I Wore My Samantha Fox Ripped Bum Jeans with Pride



The photo that went with the story from the news and the Mom's Facebook (source link below)
 
Sources:
https://www.facebook.com/photo.php?fbid=10214700047427665&set=a.1638108265422&type=3 
https://www.yahoo.com/news/teen-suspended-wearing-ripped-jeans-male-administrator-said-needed-consider-male-students-hormones-175046125.html

Today I was clicking through a quick news articles and saw one that caught my eye.  The high school daughter had worn a pair of jeans with a rip.  In the knee.  Yep, the KNEE.  And although ripped jeans are against dress-code and the daughter shouldn't have worn them because of the rip...in the KNEE... the male administrator who came to the classroom during a quiz to reprimand her, called her out for not considering BOYS and their hormones when choosing her wardrobe.

Ummm... really?  If a bare KNEE is going to get their hormones raging, I think that's their problem not hers.  But anyway;  here is part of the story and I'll tell you afterwards why I found this so funny.


The mother of a teenage girl who was suspended for wearing ripped jeans is accusing her daughter’s high school of sexism.


Melissa McKinlay, the mayor of Palm Beach County, Fla. took to Facebook to express her frustration after her daughter received a dress code violation for wearing ripped jeans to school.

“In the middle of a quiz in her IB History class, a male administrator came to (the) classroom, told her she needed to consider the guys in her class and their hormones when choosing her wardrobe,” McKinlay wrote.

The Forest Hill High School teen was given an in-school suspension for the remainder of the day. She missed her classes and was unable to finish her quiz.

“I’m sorry but EXCUSE ME? Perhaps she should have worn a different pair of jeans,” McKinlay continued. “But why should she have to worry about dressing a certain way to curtail a boy’s potential behaviour?”

ALSO SEE: High schooler gets told to put on a bra ‘so guys don’t stare’

This incident is just one of many where school staff punish and sexualize teenage girls under the guise of protecting them from male attention.

“A boy’s potential inability to control his hormones warrants my daughter’s inability to attend her classes today and miss valuable curriculum?” the outraged mom continued. “A male administrator yanked her out of a classroom because of a damn KNEE? Did he pull the boys out who were wearing shorts? They have TWO knees showing?”

McKinlay went on to accurately accuse the school of “sexism, victim blaming and girl shaming.”

The upset mother also said that she understood if her daughter was given a dress code violation for the ripped jeans, but the reason the administrator gave her daughter was inappropriate.

“If she needs a lunch detention for being slightly out of dress code, so be it.” She said. “But this? No. Not an appropriate response. EVER.”

Mayor McKinlay attempted to set the record straight, and once again reiterate that her daughter should not have been told to consider her male classmate’s hormones when dressing.

“The lesson I taught her, as I have done countless times to women across this county thru my advocacy, is if a boy were to ever hurt her, harass her, assault her or rape her, it is NOT her fault and her outfit is NEVER to blame,” she said in a Facebook post. “I remain absolutely unapologetic for the life lessons I’ve taught her. And it is a shame the media and members of the public fail to recognize why I was upset. Imagine someone basically telling your child that if she was raped, it was her fault because she wore ripped jeans.”






Once upon a time I was a teenager.
And it just so happens I'm a kid of the 80's.
And you might remember a certain pop star at the time that was basically my idol.
Samantha Fox.
And you might also recall her jeans with a rip in the bum, featured on her first album.

I not only loved her music, but her style fit my personality as well and sure enough - I did make and wear the ripped bum jeans.

Yes the rip was up that high on the butt.

And YES I wore them to school.

And NO I didn't get in trouble for it... back then schools still had common sense and stayed out of your personal business; like, how you wanted to dress.

As a matter of fact I specifically remember one day (I would have been 17 or 18 at the time) I had a pass from class to go somewhere (don't recall where) but because it was during class, I was the only person in the hallway, and I had to walk a very long stretch.  There were footsteps behind me and a voice chuckled and called out to me something about "You might want to buy a new pair of jeans, I think those have a rip in them!"  -  Attempting a joke of course.

The funny part of that?
The person walking behind me kidding me about my ripped bum jeans, was our high school Principal.
He laughed. I laughed.  Told him I made them myself.  We both went on our way.
Pretty much how it should be.





I have a few random old photos on my computer so I went back to see if there were any pictures of me in my ripped butt jeans but I didn't see any.  I did however find a couple of my boyfriend-at-the-time-now-my-husband in HIS ripped jeans.

Do you think the administrator of the school would have approached him and told him to think about the girls hormones when he dressed for school? 




Another photo of my boyfriend at the time (now my husband) in yet ANOTHER pair of jeans... which he wore to school that day.   Because in 87, 88, 89 and 90 we bought new jeans and immediately added bleach to the wash water and got out the scissors to cut those babies up!  Ripped jeans (with rips anywhere we wanted them) were 'the look'.

Even at school.




The Lord of the Rings Gifts - Mugs, Books, Cookbook, Blankets and even Gandalf the Gray Tea, Bilbo Baggins Breakfast Blend and Hobbiton Meadow Mint




Although it's not 'coffee' it's the next best thing... tea.  And it's The Lord of the Rings themed!

Now, I'm a coffee drinker much more than I am tea but as an old fan of The Lord of the Rings (meaning; I didn't just discover LOTR when the movies came out but read the original book series when I was a teenager.  Loved the series so much that as a newlywed, my husband and I would lay in bed and I would read the books out loud before we fell asleep!)

While on Amazon (looking for printer ink of all things; not even CLOSE to tea!?  But you know how that goes...) I saw these Lord of the Rings themed tea.  I just had to feature them on Coffee Talking!




Hobbiton Meadow Mint 


Bilbo Baggins Breakfast Blend  






Gandalf the Gray  










And because I couldn't end there, I decided to add some links to other fun Lord of the Rings Theme Gifts that could be packaged in a basket, bag or box to make a great Lord of the Rings themed gift for a friend, family member or... maybe even yourself.





After years of demand from hungry fans, there is finally a lovingly researched and thoughtfully crafted cookbook on the way that transports readers, cooks, and eaters just a bit closer to the rounded doors of Bag End. Showcasing dishes inspired by the works of JRR Tolkien, and enriched by details such as facsimiles of “original” recipes and marginalia, this is an immersive work of combined fiction and food. With just over 40 recipes in a halfling-sized paperback format, it's a great little addition to your kitchen collection. So pack your pocket handkerchief, roll up your sleeves, and prepare to eat like a Hobbit! 





THE BOOKS THAT INSPIRED THE EPIC MOTION PICTURES
J.R.R. TOLKIEN
THE LORD OF THE RINGS
  • THE HOBBIT
  • THE FELLOWSHIP OF THE RING
  • THE TWO TOWERS
  • THE RETURN OF THE KING





  • Color Changing Ceramic Mug
  • Heat-activation reveals hidden image
  • 11oz in size, weighs 1lb
  • Made in the USA
  • Made using high quality materials






  • Polyester
  • Machine washable polyester
  • Made in the USA
  • Warner Brother's, The Hobbit fringe tapestry throw blanket - "Fighting Company" Design
  • Measures 48-inches by 60-inches
  • Colorful fringe edges for added detail and comfort



  • Comes with 1 Wall Decal; Assembled Size: 37" wide x 8" high
  • Easy to apply - just peel and stick
  • Applies to any smooth surface
  • Decals are removable and repositionable with no sticky residue
  • Wall Decals made in the USA





  • Material - Natural wood oak.
  • The color of the wood can a little bit differ in some way from the shown in the picture, caused by many factors such as brightness of your monitor and light brightness.
  • The insert of the mug - stainless steel, which helps to keep your beer cold for a long period of time. It can be used for hot drinks. 
  • 22 ounces





  • Material - Natural wood oak.
  • Copper plaque.
  • The color of the wood can a little bit differ in some way from the shown in the picture, caused by many factors such as brightness of your monitor and light brightness.
  • The insert of the mug - stainless steel (except mug type 1), which helps to keep your beer cold for a long period of time. It can be used for hot drinks.
  • The amount of liquid - 22 ounces or 0.65 liters.

It’s possible to engrave anything: picture you like, words, names, dates. You can choose any design and fonts.





  • decorate your walls with this brand new poster
  • easy to frame and makes a great gift too
  • ships quickly and safely in a sturdy protective tube
  • measures approx. 53 inches by 39 inches (135.5 cm by 98.0 cm)



  • Durable Vinyl Sticker Applies Great to glass, hard surfaces, plastics, metal, walls and any clean smooth surface.
  • free gift apple logo on all order
  • Easy to Apply. Includes Detailed Application Instructions. Proudly made in the U.S.A.
  • Decal will come as 3 parts - the backing paper, the sticker itself, and the transfer tape. There is no background on the decal. The background is whatever you are applying it to.





  • 11 OZ Durable coffee mug, imple and clean design makes it perfect for any occasion
  • Printed on both sides with premium ink, it will not fade over the years.
  • 100% safe for dishwasher and microwave. Safe for the whole family.












Just rambling over coffee: In the news this morning - Burying a Gun outside a Courthouse



I haven't been 'rambling over coffee' when it comes to the news lately because, frankly it just takes too much time to cut and paste and copy parts here, linking to the source and then typing out the thoughts and comments made while reading it.

And by the time I do all that I think "Who cares?" anyway and delete. 

But... honestly I'm procrastinating letting the dogs in right now after going potty because their feet are muddy and it's going to be a pain to wipe them down and get them cleaned off so one more cup of coffee is in order.

Now, these are not the most interesting news stories I read this morning.  And I'm not EVEN going to get into anything remotely political, because dude, I'm totally ignoring all that crap right now.  Sometimes you just have to step away to gain back some positivity in life.  So....

The first story.....

Suspected burglar caught burying gun outside Georgia courthouse 
http://www.foxnews.com/us/2018/09/21/suspected-burglar-caught-burying-gun-outside-georgia-courthouse.html


A suspected burglar trying to hide his gun from police dug a hole – for himself.

Sheldon Oliver, 23, was taken into custody by police in Georgia last week after surveillance footage captured him burying a loaded gun outside the Forsyth County courthouse, where he was set to appear as a suspect in a prowling case.

“In today’s world, you can’t take anything for granted,” Forsyth County Sheriff Ron Freeman told FOX5 Atlanta. “Was it something innocuous? Could it have been an explosive device? Was it something else?”

Video footage obtained by the station shows Oliver pulling out a Louis Vuitton bag with the gun inside and then crouching down and burying it in the gravel outside the building.

He then walked through the metal detectors inside and was promptly arrested by police, who had a warrant out for him following an armed burglary at a local Islamic center, FOX5 Atlanta reported.

Oliver was charged with burglary, reckless conduct and carrying a weapon without a license and, as of Tuesday, was being held at the Forsyth County Jail on a $25,000 bond.


When I read this I was thinking I knew exactly 'why' he did it.  Because he was carrying.
And he was walking into a federal building.
He realized he can't bring it in with him... and had an 'oh crap' moment.
So he buried it in the gravel so he could go do his business and then get it on his way back out.

And the reason I thought that is purely based on personal experience!  Ha.  But in a COMPLETELY different context.

So, a few years ago two of our kids' passports were expiring and my husband needed a passport.  Our kids were all teenagers by this time - I'm thinking they were probably about 18, 17 and 14.  Getting their busy schedules to coincide with my husbands and mine to get to the courthouse to do the paperwork and photos needed was a chore.  We finally were able to get the photos but then we had to try to find a time between school, sports, part time jobs, lessons, and work schedules for my husband and I.  One day we realized that due to some last minute changes, we could do it - so at the last second we got our 17 and 14 year olds and told them to hurry and get into the vehicle; we had to get to the courthouse (in the next town) before it closed.

We arrived, found parking (2 blocks away) and rushed to get up to the courthouse.  It was February, in the midwest and there was of course, snow on the ground.

Just as we were approaching the doors  I read the posted signs about the obvious 'no guns' etc. inside the building but they also listed knives, and a few other items as well.  And we could see the security set up right inside the doors with the officers, the walk-through metal detectors, etc.

My 17 year old son stopped.  "Oh no!  Hey, Mom!  I have a pocket knife in my pocket..."
Oh crud.
Like many midwest teens, and farm kids, it's not a big deal to carry them in your pocket.  But... our family never goes to the courthouse so he didn't know you couldn't bring things in.  His knife was large - not the little mini 2 inch size, the real pocketknives.  We glanced back towards where the car was parked, over 2 blocks away.  We glanced at the time.  If there was any sort of line inside for passports we might not make it; the courthouse would close and we drove all this way.

Last second decision, he ran from the sidewalk, over to a snowdrift and buried the knife into the snow.

And then we went into the courthouse and went through security.

At the time I commented they probably had that on security cameras and would go out and dig in the snow to see what he buried!  But we had to rush to the passport department and, whew.  We made it.  When we exited the courthouse after mailing off the passport paperwork, he went to retrieve his knife in the snowdrift.

We honestly thought it might not be there... that they may have came out to see what it was he buried and taken it.

But surprise!  It was there.  Our son retrieved his knife, we walked back to the car and we went home.

And that was the memory that came to mind when I read this news article!




It's just the coffee talking again.....


.

9.18.2018

Rambling over coffee: Did you know the Federal Reserve Bank is not actually part of the federal government? I didn't.

It's just the coffee talking again....


The Federal Reserve Banks are not a part of the federal government...



So, I have to admit that I've never given all that much thought to the federal reserve... I've read about it numerous times in financial news, mentioned in books, etc. but it was not until I was reading a book (Interest (Final State Book 1 - which happens to be free on Kindle through Amazon as of this posting date... https://amzn.to/2MME4ou) that I got schooled in the history of the Federal Reserve Bank.

Now, granted it was in the context of one of the characters of the book explaining the Federal Reserve Bank to another character and it's all in the greater context of what those characters are trying to accomplish... but this is the part of the book that piqued my interest enough to make me stop, bookmark that page, and go on an internet search for the history of our Federal Reserve Bank.

And that is how i found out that although they use the word 'federal' in their name (leading me and probably a lot of others to think it was somehow a government backed entity), it's not.


From the book - which I will link to at the bottom of this post:

“Do you know what the Federal Reserve System is?”
“Yeah. It’s a government bank—”
“No! It’s a private bank. A private bank, by bankers and for bankers, beyond the rule of law. The government has no control over it, no oversight. There’s an old expression: the Federal Reserve is about as federal as Federal Express. It controls us, we cannot control it.”

Len found it odd that the first time Neith had shown anything like emotion, the conversation was about banking.
“Are you familiar with the history of central banking, Mr. Savitz?”
“Refresh me.”

“Central banking is centuries old. European countries like England had central banks since the 1600s, but America was unique in that it had no permanent central bank for its first 137 years. The founding fathers believed central banks were evil incarnate and did their best to resist any form of central banking during the early part of this country’s history.”

“So why do we have one now?”

“Before the Federal Reserve System was created, there were regular economic panics in the United States. Using retrospective forensic accounting, I have determined that it is likely that these panics were caused intentionally by major Wall Street investment bankers. In 1907, there occurred a crash so profound that the entire nation was on the verge of financial ruin. In an act of desperation, President Theodore Roosevelt pleaded with the banking tycoons of the day to bail the country out. Think about that for a second: the president had to openly beg wealthy bankers to save the nation.”

“I have to say, that doesn’t seem weird to me, Neith. Every president since has sucked their dicks, too.”

“To stall the crisis, the bankers lent money out at interest to failing businesses. Once the panic was over and out of the public’s mind, the bankers agreed to meet covertly to discuss how to further their profits. The meeting took place in abject secrecy at an exclusive hunting club on Jekyll Island on the Georgia coast. To avoid the attention of the newspapers,the bankers traveled to the meeting in a secret unmarked train under fake names. Also in attendance were an assistant Secretary of the United States Treasury and one Senator Nelson Aldrich, a close friend of J.P. Morgan’s, whose daughter had married into the Rockefeller family. Together, working in seclusion for ten straight days, they conspired to create a banking cartel and a system of moneylending so pervasive and insidious that the entire nation could be controlled through debt without anyone realizing it. Their brainchild was an ingenious conspiracy known as the Federal Reserve System. Even the name was brilliant, as it seemed to suggest some sort of government stockpile, when the truth was the complete opposite: it was a private IOU-printing machine.”
“Why on earth did people go along with it?”
“They had no choice. When a debt-averse American voting populace wouldn’t buy into it, the banking coterie exerted tremendous political pressure to get it through Congress. Behind closed doors, the bankers threatened to destroy the US economy if the scheme wasn’t passed into law. However, the backbone of Congress hadn’t yet been broken in those days, so they resisted it. A number of Congressmen, such as ArsĂšne Pujo and Charles Lindbergh, refused to bow to the pressure. The bankers made good on their promise in 1913 when they decided to stop lending money. The country immediately went into financial chaos. The coercion worked. Congress authorized the Federal Reserve System later that year and simultaneously signed over its money-printing powers to the new central bank. In essence, the US government used to create its own US dollars for free, but in 1913 it was strong-armed into giving that authority away to a powerful banking cartel.”
“Unreal. Neith, have you considered bombing Wall Street for a change?”
 “That same year, Mr. Savitz, 1913, is when the sixteenth amendment to the Constitution was ratified. The exact same people were behind that change, too. The amendment gave Congress, for the first time in our history, the permanent power to collect income tax. Why? Because without an income tax, the banking cartel’s scheme wouldn’t work. In other words, their banks could lend the money to the United States, but until there was a large revenue stream, the United States would not be able to pay interest.”

“OK, so what? I happen to know the Federal Reserve isn’t allowed to keep profits. The profits are public.”
“That is where it gets tricky, and I need you to follow closely. If I lent you money at 1 percent interest, would it be profitable for you to turn around and lend it to someone else at 5 percent interest?”
“I guess so, sure.”

“You’d be collecting the interest in the middle. Imagine now that the person you lent the money to was the US government. In order to pay you 5 percent interest, what must the government do?”
“Collect taxes?”
“Exactly. That’s exactly what’s happening. The Federal Reserve, the institution that creates money in this country, creates it out of thin air, then lends it to for-profit banks at extremely low interest rates, at a far lower rate than would be available to you or me. This is called the discount rate, and it’s only available to those in the banking cartel. The discount rate is no fluke— it was the central issue of the clandestine Jekyll Island meeting. After borrowing at the discount rate, those for-profit banks turn around and lend it back to our own government at higher interest rates by buying treasury instruments like bonds and notes. The taxpayers are paying the interest on this money— money that was created for free and borrowed at a discount!”
“It sounds like a Ponzi, almost.”
“That’s exactly what it is, Mr. Savitz, a pyramid scheme. And this occurs not just here in America, but all over the world. There are over a hundred central banks just like the Federal Reserve, all of which are controlled by Dranthyx. The central banks create funny money and lend it to large corporate banks, also run by the Dranthyx. To make matters worse, these banks aren’t just robbing you through taxes, they are also stealing from you with inflation. If I put 100 dollars in your bank account, but inflation is 3 percent annually, then the money in the account will only be worth 97 dollars next year.”
“I thought inflation was supposed to be a good thing. Isn’t that what the economists are always saying?”
“I have a working hypothesis that financial illiteracy is genetically predetermined, deliberately coded into the human genome by the Dranthyx. If my hypothesis is correct, it would explain why such a large percentage of the world’s population is unable to make ends meet and why few people understand the time value of money. The only humans who seem to understand money implicitly are the Tchogols, who are overrepresented in the world of investing and high finance. If the average human understood money the way the Dranthyx do, the scheme wouldn’t work.”



Gaughen, Kevin (2015-05-06). Interest (Final State Book 1) (pp. 127-132). Kindle Edition.




And that part of the book is the reason I finally, after all these years looked up the history of our Federal Reserve Bank.


___________________________________________________________







It’s all the news channels can talk about: the White House has been bombed, there's chaos in the streets, and the United States has found itself in the throes of a violent revolution.

Surrounded by panicked people, washed-up journalist Len Savitz takes the crisis in stride. It’s nothing that a stiff drink won’t cure. After all, bad news only hurts optimists.

But when the mysterious leader of the rebels cherry-picks him to acquire certain information for her, Len is forced to go on an investigative mission where he uncovers millennia-old secrets and unwittingly triggers a chain of disturbing events that will determine the future of humankind.

Author Kevin Gaughen’s dynamic debut novel, Interest, creates a seamless alternate reality behind real-world political tensions while keeping pace with its page-turning plot. Interest is as riveting as it is thought-provoking.

Who really runs the world we live in? The further Len digs, the darker the answers appear to be…





Those crazy pop-up 'LEGAL AGREEMENTS' just for using a website or app are getting to be too much - too long - too full of legal mumbo jumbo and too sneaky



"Let's kill all the lawyers" is a line from William Shakespeare's Henry VI, Part 2, Act IV, Scene 2. 


The full quote is "The first thing we do, let's kill all the lawyers". 

The character "Dick The Butcher" suggests one of the ways the band of pretenders to the throne can improve the country is to kill all the lawyers.





That quote came to mind today when I all I wanted to do was log into the UPS site to check if a delivery was slated to be delivered today and I was met with the dreaded pop up "NEW UPDATED AGREEMENT" box.  The kind you have to click to 'agree' before you can move forward.

I always wonder what screw-the-customer-over items are hidden in the 1734 pages of small print that pop up on all our websites these days that I really DO try to hard to read through - at least skim and try to get what they are saying.  But unless you seriously HAVE A LAW DEGREE or the patience of a saint plus the concentration to sit and read through nothing but legalese for a least an hour or more....  you probably just click "I AGREE" under duress.

But this time the "I agree" had been changed as well.

No longer was it a simple "I agree"  but had been replaced with this mouth full:

I agree to and confirm that I've been given enough time to read and understand the UPS Technology Agreement, which contains important terms about my use of UPS Technologies, like terms limiting UPS's liability and my agreement on how disputes between UPS and me will be handled.


What the fuck people!?

SERIOUSLY.  The legal 'let's sue everyone' mindset of today has GOT TO STOP.  IT'S INSANITY!!!!!!

ALL THIS JUST FOR LOGGING IN TO THE WEBSITE TO SEE IF I WAS GETTING A DELIVERY TODAY.








UPS TECHNOLOGY AGREEMENT
Version UTA 08072018
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS UPS TECHNOLOGY AGREEMENT.  BY INDICATING BELOW THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH UPS MARKET DRIVER, INC. (“UPS”).
This Agreement comprises (1) these General Terms and Conditions (including its attached Exhibit A (Definitions - General Terms and Conditions ) and Exhibit B (Country Specific Amendment to the General Terms and Conditions); (2) the End User Rights (including its attached Exhibit A (Definitions - End User Rights), Exhibit B (UPS Technology), and Exhibit C (Permitted Territory)) available at < https://www.ups.com/us/en/help-center/legal-terms-conditions/technology-agreement.page > (as such End User Rights may change from time to time in accordance with its terms); and (3) the documentation referenced in any of the foregoing, which are all incorporated by reference.  You hereby confirm that You have read and fully understand BOTH the General Terms and Conditions AND the End User Rights which are available for Your review by accessing < https://www.ups.com/us/en/help-center/legal-terms-conditions/technology-agreement.page > INCLUDING the documentation referenced thereinThe Agreement may be presented to You more than once in conjunction with Your access and use of UPS Technology.  Unless the version of the Agreement has changed, each instance serves to confirm the Agreement as mutually entered into and not to create an additional or separate agreement.

For purposes of the Agreement:
“Customer” means the Person that is your employer, but is not a Service Provider, (1) and that has been assigned the UPS Account you use to register the first UPS Technology you access, if a UPS Account is required for such registration, (2) and that has been assigned the first UPS Account you use with the UPS Technology you access, if a UPS Account is not required for registration but is required for use, or (3) when the first UPS Technology you access does not require a UPS Account for registration or use.
“Service Provider” means a third party engaged by a UPS customer to assist such UPS customer in managing its shipping activity with the UPS Parties, including Billing Data Service Providers, that has been approved by UPS in writing to perform such services for the UPS customer; provided however, UPS Affiliates may serve as Service Provider without a written approval by UPS.
“Service Provider Employee” means an employee of a Service Provider.
“You” or the possessive, “Your,” means, as applicable: (i) you as an individual, if you are entering into this Agreement as an individual on behalf of no other third party for your own personal use of the UPS Technologies; (ii) you as an individual and Customer, if you are accessing UPS Technology as part of your responsibilities as an employee of Customer; or (iii) you as an individual and your employer, if your employer is a Service Provider to a UPS customer and you are accessing UPS Technology as part of your responsibilities as a Service Provider Employee to perform services for the benefit of a UPS customer.
You represent and warrant You have reached the age of legal majority and, if applicable, You can form legally binding contracts under applicable law on behalf of Yourself, the Customer or Service Provider related to the UPS Technology.  If at any time You are no longer authorized to form legally binding contracts under applicable law on behalf of Yourself, the Customer or Service Provider, as applicable, You may no longer use UPS Technology on Your own behalf or on behalf of such Customer or Service Provider.
General Terms and Conditions
1.                   Definitions. Capitalized terms used in this Agreement have the meanings set forth on General Terms and Conditions Exhibit A attached hereto and End User Rights Exhibit A .  In the case of any conflict between the terms of the End User Rights and these General Terms and Conditions, these General Terms and Conditions shall control.
2.                   License Grant.
2.1.              ScopeUPS hereby grants to You and You accept, subject to the terms and conditions of this Agreement, a limited, revocable, non-sublicenseable, non-exclusive, non-transferable, license to use or access, as applicable, the UPS Technology and associated Technical Documentation in the Permitted Territory for such UPS Technology.  The End User Rights contain additional general license rights and restrictions, as well as UPS Technology-specific license rights and restrictions.
2.2.              General Restrictions – UPS Materials and Software.  You shall not, and shall cause Your employees and agents not to, sublicense, disclose or transfer the UPS Materials to any third party without the written consent of UPS. You agree not to modify (including corrections to the Software), reproduce, rent, lease, lend, encumber, distribute, redistribute, remarket or otherwise dispose of the UPS Materials or any part thereof without the consent of UPS, and hereby waive such rights granted under applicable law, except where such waiver is unenforceable.  You agree not to duplicate the Software, except as required for its use in accordance with this Agreement, provided that You may make one (1) back-up copy of the Software solely for archival purposes. Such back-up copy shall include UPS’s copyright and other proprietary notices, and shall be subject to all the terms and conditions of this Agreement.  Notwithstanding anything to the contrary in this Agreement, You may not use the Software on an outsourced time-share or service bureau basis.
3.                   Export Law AssurancesYou acknowledge that all UPS Materials provided hereunder are subject to the U.S. Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce's Bureau of Industry and Security, as well as other U.S. laws and regulations.  You agree to comply with the EAR and all applicable U.S. laws in your handling and use of all UPS Materials provided hereunder and to not export or reexport the UPS Materials except as authorized by the EAR, U.S. and other applicable laws.  Without limiting the generality of the foregoing, you agree, represent and warrant that no UPS Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through or to, exported to, or reexported to (1) the Restricted Territory (or a national or resident thereof) or (2) any person, entity or organization on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.  The countries and territories considered Restricted Territory and the persons, entities or organizations on the aforementioned lists may change from time to time.  You agree to stay current with and comply with this provision notwithstanding any such changes.  For convenient reference only, information on the Restricted Territory countries and territories and the persons, entities or organizations on the aforementioned lists may be found at: http://www.treasury.gov/ofac/downloads/sdnlist.txt ,
4.                   UPS Materials.
4.1.              Ownership of Intellectual Property Rights.  You hereby acknowledge and agree that UPS owns all right, title and interest in and to, or has the right to license to You, the UPS Materials.  You acknowledge that You have not acquired any ownership interest in the UPS Materials and will not acquire any ownership interest in the UPS Materials by reason of this Agreement.  You will not at any time do or knowingly permit to be done any act or thing that would in any way impair the rights of UPS or its licensors in and to the UPS Materials.  UPS and its licensors reserve all rights pertaining to the UPS Materials not specifically granted herein.
4.2.              Changes to UPS Materials and UPS Technology.  UPS may update, alter, modify or supplement any or all of the UPS Materials and/or UPS Technology at any time.
5.                   Support Services.
5.1.              Support and Maintenance.  From time to time UPS, in its sole discretion, may, in response to Your request, choose to provide support or maintenance for the Software (“Support Services”). You hereby authorize UPS and its authorized agents (the “Support Providers”), in order to provide Support Services, to access the Software, other applications which You may be using in conjunction with the Software and Your computer systems either (1) remotely, via the Internet or other means (which may require the installation of additional software on Your computer systems by UPS or the Support Providers) (“Support Software”), or (2) through on-site visits at specific times as mutually agreed upon by the parties.  Each support session using Support Software will be separately approved by You.  During such sessions UPS may see the Software as operating on the Your computer system and UPS may assist You in making modifications to Your computer systems.  You further grant UPS and Support Providers the right to manipulate and modify the Software and Your computer systems, applications, files and data as reasonably necessary to provide You with Support Services. However, You agree that any Support Services will be provided at UPS’s discretion and nothing in the Agreement shall be interpreted to obligate UPS to provide any Support Services.
5.2.              Access to Proprietary Information.  You acknowledge and agree that You may disclose, or that UPS or the Support Providers may observe, Your information and data during the provision of Support Services by UPS or the Support Providers; and that such information and data shall be deemed non-confidential and thus, not covered by General Terms and Conditions Article 7, unless UPS has agreed otherwise in a signed confidentiality agreement separate from this Agreement. In addition, You acknowledge that the remote communications sessions utilized by UPS or the Support Providers may be implemented through the Internet, which is inherently insecure, and You agree that UPS or the Support Providers shall not be liable for any security breaches occurring on the Internet. You should take the foregoing into account when requesting Support Services from UPS or Support Providers.
6.                   Suspension; Term and Termination.
6.1.              Suspension of Rights. UPS may suspend Your rights to access any part of the UPS Systems through the UPS Technology or as necessary in UPS’s sole discretion including without limitation, to (1) prevent access to any part of UPS Systems or the UPS Technology that is not in compliance with the terms and conditions of this Agreement; (2) correct a material error in the UPS Systems or the UPS Technology or (3) comply with a law, regulation or rule or any ruling of a court or other body of competent jurisdiction.
6.2.              Term. This Agreement shall become effective upon Your assent by clickthrough below and shall remain in full force and effect thereafter until terminated as provided herein (the “Term”).
6.3.              Hosted UPS Technology. Certain UPS Technology is hosted by UPS, UPS Affiliates or vendors of UPS or UPS Affiliates. Hosted UPS Technology is hosted on servers in the United States of America and is scheduled to be available twenty-four (24) hours a day, seven (7) days a week (other than when unavailable for maintenance); however, UPS does not guarantee the availability of hosted UPS Technology, or that access will be uninterrupted or error-free. UPS reserves the right to interrupt, limit, or suspend hosted UPS Technology from time to time for purposes of maintenance, upgrades and similar reasons. You agree that neither UPS nor UPS Affiliates shall be held responsible or liable for any Damages arising from any interruption, suspension or termination of hosted UPS Technology, regardless of the cause.
6.4.              Termination.
a.                   Either party may terminate this Agreement, and UPS may terminate any or all licenses to the UPS Technology granted hereunder, for convenience at any time upon written notice to the other party.
b.                   Notwithstanding the foregoing, this Agreement shall terminate without any further action needing to be taken by UPS (1) upon a breach of General Terms and Conditions Article 3 , 7 or 10 , or General Terms and Conditions Sections 2.2 and 4.1 (third sentence); (2) in the event of Your bankruptcy, commencement of bankruptcy, corporate reorganization, civil rehabilitation, concordat, special liquidation or any other insolvency proceeding with respect to You, or if You shall have a receiver, administrator, administrative receiver or liquidator appointed or shall pass a resolution for winding up, or a court shall make an order to that effect, (3) if You are a partner in or Customer or Service Provider is a partnership and such partnership is dissolved, or (4) upon deletion of Your UPS profile.
6.5.              Effect of Termination.
a.                   Upon the termination of this Agreement for any reason whatsoever all licenses granted hereunder shall immediately terminate and You shall immediately cease and desist from all access to and use of the UPS Materials, and destroy all UPS Materials in Your possession or control.
b.                   Upon termination of any license to a UPS Technology, You shall immediately cease and desist from access to and use of such UPS Technology and associated UPS Materials and destroy all such associated UPS Materials in Your possession or control.
6.6.              Survival of Terms upon Termination.  General Terms and Conditions Articles 1 , 5 , 7-9 and 12 ; Sections 4.1 , 6.5 and 6.6 ; and Exhibit A and Exhibit B to these General Terms and Conditions; and the Articles and those Sections of the End User Rights identified in End User Rights Section 3.2 shall survive the termination of this Agreement for any reason.
7.                   Confidential Information, Trade Secrets, Information.
7.1.              Disclosure.  During the Term and thereafter, You shall not use (except as permitted in connection with Your performance hereunder), disclose or permit any Person access to any Trade Secrets (including, without limitation, any Trade Secrets contained in the UPS Materials).  During the Term and for a period of five (5) years thereafter, except as otherwise mandated by law, You shall not use, disclose, or permit any Person access to any Confidential Information, except as permitted in connection with Your performance hereunder.  You acknowledge that if You breach this General Terms and Conditions Article 7, UPS may have no adequate remedy at law available to it, may suffer irreparable harm, and will be entitled to seek equitable relief.  You agree to protect such Confidential Information and Trade Secrets with no less diligence than You protect Your own confidential or proprietary information.  If disclosure to Confidential Information is required under provisions of any law or court order, You will notify UPS sufficiently in advance so UPS will have a reasonable opportunity to object.
7.2.              AggregationYou shall not aggregate the Information or derive or develop information, services or products that use the Information, other than as expressly permitted under this Agreement.
7.3.              Data ExportYou may not export, whether by (i) data export functionality built into the Software; (ii) extraction from the Software interface (e.g. screen scraping); or (iii) otherwise, any data from the UPS Databases and use such data for comparing shipping rates or delivery times with the shipping rates or delivery times of any third party that is not a member of the UPS Parties.
8.                   Warranties.
8.1.              By Customer.  You represent and warrant that (1) Customer is not headquartered in the Restricted Territory; (2) You will not use the UPS Technology in the Restricted Territory; and (3) You are not, nor is Customer under the control of any Person on the U.S. Treasury Department list of Specially Designated Nationals, or the U.S. Department of Commerce Denied Persons List or Entity List (as they  may be amended from time to time and which, for convenient reference only, may be found at http://www.treasury.gov/ofac/downloads/sdnlist.txt , http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx ,  and http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm ), or incorporated in, a national resident of or government of the Restricted Territory.
8.2.              Disclaimers.
a.                   UPS PARTIES WARRANT THAT FOR NINETY (90) DAYS FROM THE DELIVERY TO YOU OF SOFTWARE THAT SUCH SOFTWARE SHALL MATERIALLY OPERATE AS DESCRIBED IN THE SOFTWARE’S CORRESPONDING TECHNICAL DOCUMENTATION. UPS’S SOLE LIABILITY FOR A BREACH OF THE FOREGOING WARRANTY SHALL BE TO REPLACE ANY SUCH SOFTWARE. EXCEPT AS STATED IN THE WARRANTY OF THE FOREGOING TWO SENTENCES, THE UPS MATERIALS ARE PROVIDED "AS IS WITH ALL FAULTS" AND IN THEIR PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION, GUARANTEE, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, ACCURACY, COMPLETENESS, PERFORMANCE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE UPS MATERIALS IS GIVEN OR ASSUMED BY UPS AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AS ARE ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. UPS DOES NOT WARRANT THAT DEFECTS IN THE UPS MATERIALS WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UPS OR ANY UPS REPRESENTATIVE SHALL CREATE A WARRANTY.
b.                   You furthermore acknowledge and agree that access by UPS or the Support Providers to Your computer systems, files and associated data pursuant to General Terms and Conditions Article 5 hereof is merely to facilitate Support Services on Your behalf, and You remain solely responsible for backing up Your computer systems, applications, files and data.  ANY SUPPORT SERVICES OR SUPPORT SOFTWARE PROVIDED BY UPS OR A SUPPORT PROVIDER PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS WITH ALL FAULTS”, AND UPS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY SUCH SUPPORT SERVICES OR SUPPORT SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UPS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE, RELATED TO SUPPORT SERVICES OR SUPPORT SOFTWARE PROVIDED UNDER THE AGREEMENT AND ALL ASSOCIATED ADVICE, DIAGNOSES AND RESULTS. YOU ACKNOWLEDGE AND AGREE THAT UPS WILL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFAULT, DEFICIENCY, OR NONCONFORMITY IN THE SUPPORT SERVICES.
c.                    THE UPS PARTIES DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE UPS SYSTEMS AND ACCESS TO SUCH UPS SYSTEMS MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF UPS’S CONTROL. THE UPS PARTIES ARE NOT LIABLE FOR ANY DAMAGES OF ANY TYPE CAUSED BY SUCH INTERFERENCE.
d.                   SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  THE AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THIS AGREEMENT ARE FAIR AND REASONABLE.
9.                   Limitation of Liability.
a.                   SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN DAMAGES SUCH AS LIMITATIONS ON (I) INCIDENTAL OR CONSEQUENTIAL DAMAGES, (II) DAMAGES RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (III) DAMAGES RESULTING FROM PERSONAL INJURY OR DEATH.  ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU AND ARE ONLY APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.
b.                   THE UPS PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES, LOST PROFITS, LOSS OF DATA OR DATA USE, LOST SAVINGS, OR COSTS OF PROCURING SUBSTITUTE GOODS ARISING OUT OF THIS AGREEMENT, DUE TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT, USE OF THE UPS MATERIALS OR OTHERWISE, EVEN IF THE UPS PARTIES HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.  EXCEPT FOR THE LIMITATIONS OF LIABILITY SET FORTH IN END USER RIGHTS SECTION 1.7 AND GENERAL TERMS AND CONDITIONS SECTION 8.2, IN NO EVENT SHALL THE LIABILITY OF ALL THE UPS PARTIES FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED, IN THE AGGREGATE, ONE THOUSAND UNITED STATES DOLLARS (USD $1,000), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU.
c.                    FOR THE AVOIDANCE OF DOUBT AND CONSISTENT WITH THE SECOND PARAGRAPH OF THESE GENERAL TERMS AND CONDITIONS, THE PRESENTMENT OF THIS AGREEMENT (VERSION UTA 08072018 (UPS.COM)) MORE THAN ONCE TO YOU DOES NOT CHANGE THE UPS PARTIES’  TOTAL AGGREGATE LIABILITY ABOVE ONE THOUSAND UNITED STATES DOLLARS (USD $1,000).
d.                   CLAIMS NOT MADE WITHIN SIX (6) MONTHS AFTER THE FIRST EVENT GIVING RISE TO A CLAIM SHALL BE DEEMED WAIVED.
10.                Use of Name and PublicityExcept as expressly provided in this Agreement, You agree that You shall not, without separate prior written consent of UPS in each instance, use in advertising, publicity or otherwise the name of the UPS Parties (including without limitation United Parcel Service of America, Inc.), or any partner or employee of the UPS Parties, nor any trade name, trademark, trade dress or simulation thereof owned by the UPS Parties.
11.                Notices.  Except as specifically provided in this Agreement, all notices, demands or other communications required or permitted hereunder shall be in writing and shall be given as follows:
If by You: by personal delivery, UPS Next Day Air® delivery (notice deemed effective one business day after dispatch); by facsimile or telecopier transmission if a transmission confirmation is received by the sending party (notice deemed effective on date confirmation is received); or by certified mail, return receipt requested, postage prepaid (notice deemed effective on tenth business day following placement in mail) to UPS, 35 Glenlake Parkway, Atlanta, Georgia 30328, attention: UPS Legal Department, facsimile: (404) 828-6912; and
If by UPS: by each method available to You as well as electronic mail (notice deemed effective on date of transmission); to the address, email address or facsimile number, as applicable, (1) of Your registration information for the UPS Technology as provided to UPS, (2) of a UPS Account You use with the UPS Technology or (3) if neither (1) nor (2) above apply, then to the address, email address or facsimile number, as applicable, that You have otherwise provided to UPS.
Either party may change its address, email address or facsimile number for notice through thirty (30) days’ prior written notice to the other party.
12.                Miscellaneous.
12.1.           Independent Parties.  The parties are independent parties and nothing herein shall be construed as creating an employment or agency relationship, partnership, and/or joint venture between the parties. Neither party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other party, or to bind such other party in any manner.
12.2.           Waiver.  No waiver of any provision of this Agreement, or any rights or obligations of either party under this Agreement, shall be effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
12.3.           Severability of Provisions.  In the event that any provision of this Agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
12.4.           Assignment.  This Agreement, including any rights, licenses or obligations under this Agreement, may not be assigned by You to any other Person or entity without the prior written consent of UPS.  UPS may assign, delegate or transfer all or any part of this Agreement or any rights hereunder to any member of the UPS Parties without the need for any approval or consent from You. For these purposes, “Assignment” shall include, but is not limited to, any merger or sale of all or substantially all of the assets of the assigning party or any transfer of this Agreement, or any portion hereof, by operation of law or otherwise, or any sale or other transfer of thirty percent (30%) or more of the voting shares/interests of the assigning party or control thereof.  In the event of any permitted Assignment of this Agreement, this Agreement shall be binding upon and inure to the benefit of each of the parties and their respective legal successors and permitted assigns.
12.5.           Taxes.  Any fees payable under this Agreement do not include any taxes and fees (including, but not limited to, any applicable withholding taxes and VAT or any other tax or fee) levied by any duly constituted taxing authority against the fees payable to UPS hereunder.  You shall be solely responsible for the calculation of and payment of any such taxes to the relevant taxing authority, and shall not reduce the amount of the fees payable for such tax payment.
12.6.           Governing Law; Jurisdiction and Language.  To the fullest extent permitted by applicable law, this Agreement and any claim, case, or controversy arising out of or relating to this Agreement (whether for breach of contract, tort or otherwise) shall be governed by and construed in accordance with the laws of the State of New York, excluding (1) its conflict of law principles; (2) the United Nations Convention on Contracts for the International Sale of Goods; (3) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (4) the Protocol amending the 1974 Convention, done at Vienna, April 11, 1980.  The parties declare that they have required that this Agreement and all documents related hereto, either present or future, be drawn up in the English language only.  Les parties dĂ©clarent qu'elles exigent que cette entente et tous les documents y affĂ©rents, soit pour le prĂ©sent ou l’avenir, soient rĂ©digĂ©s en langue anglaise seulement.  To the fullest extent permitted by applicable law and consistent with valid entry into a binding agreement, the controlling language of this Agreement is English and any translation You have received has been provided solely for Your convenience.  To the fullest extent permitted by applicable law, all correspondence and communications between You and UPS under this Agreement must be in the English language.  In the event You have entered into this Agreement by means of the Internet display of a translated version of this Agreement in a language other than U.S. English, You may view the U.S. English language version of this Agreement by accessing https://www.ups.com/us/en/help-center/legal-terms-conditions/technology-agreement.pageTHE EXCLUSIVE JURISDICTION FOR ANY CLAIM, CASE, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE) SHALL BE A FEDERAL OR STATE COURT IN ATLANTA, GEORGIA, AND THE PARTIES HEREBY CONSENT TO SUCH EXCLUSIVE JURISDICTION AND IRREVOCABLY WAIVE AND SHALL NOT ASSERT ANY DEFENSES BASED ON LACK OF IN PERSONAM JURISDICTION, IMPROPER VENUE OR INCONVENIENT FORUM.  Notwithstanding the foregoing, if and to the extent subsequent separate or ancillary proceedings in another U.S. or foreign court are necessary in order to enforce a judgment of the court in Atlanta, Georgia, or otherwise as is necessary to provide complete relief and full resolution of all issues in dispute, the Parties may institute such subsequent separate or ancillary proceedings in any such U.S. or foreign court, and the Parties hereby consent to the non-exclusive jurisdiction of such court and hereby waive any defenses therein based on lack of in personam jurisdiction, improper venue or inconvenient forum. Notwithstanding anything herein to the contrary, UPS shall be entitled to interim relief or provisional remedies before any court having jurisdiction.  You agree to the admissibility of computer records and electronic evidence in any dispute herein.  For the avoidance of doubt, dispute resolution provisions contained in any agreement You have entered into with a member of the UPS Parties related to UPS services, including for example, the applicable UPS Terms and Conditions of Carriage/Service, shall govern whenever such provisions are applicable to any claim or controversy.  SEE SECTION 12.15 AND EXHIBIT B FOR COUNTRY-SPECIFIC DEVIATIONS TO THIS AGREEMENT IF YOU ARE A RESIDENT OF OR YOUR REGISTERED OFFICE IS LOCATED IN ONE OF THE FOLLOWING COUNTRIES OR TERRITORIES: MIDDLE EASTERN COUNTRIES, BANGLADESH, INDONESIA, ISRAEL, THE UNITED STATES OF AMERICA OR PUERTO RICO.
12.7.           Force MajeureNeither party hereto shall be liable for the failure to perform any of its obligations under this Agreement or for any Damages if such failure is caused by any reason beyond its reasonable control including without limitation, any occurrence of any act of God, labor strike or dispute, industrial disturbance, governmental emergency order, judicial or government action, emergency regulations, sabotage, riots, vandalism, electronic failure, major computer hardware or software failures, equipment delivery delays, acts of third parties, or act of terrorism.
12.8.           RemediesAny remedies provided herein are non-exclusive.
12.9.           Compliance with Laws.  Each party, in connection with its performance hereunder, shall strictly comply with all applicable laws, rulings, and regulations and shall take no actions which would cause the other party to be in violation of any laws, rulings or regulations applicable to it, including, where required, You as a licensee filing this Agreement with a governmental entity.  You specifically acknowledge that the UPS Materials provided hereunder may contain encryption functionality.  You acknowledge and agree that by downloading, importing or using the UPS Materials in any country or territory outside the United States you, not UPS, assume full responsibility for compliance with all the laws and regulations of such country or territory, including, without limitation, all laws and regulations governing the import, use, distribution, development, or transfer of encryption software or technology and all requirements of registration or licensing related to same.
12.10.       Data Practices. In order to perform pickup and delivery services, and in connection with Your use of the UPS Technology, the UPS package delivery company in Your jurisdiction, whose name and address may be found under “Contact UPS” on the  UPS Web Site for Your jurisdiction (“UPS Delivery Co.”), collects, processes and uses personal information.  UPS Market Driver, Inc., 35 Glenlake Parkway, N.E., Atlanta, Georgia, USA 30328 and the other UPS Parties receive personal information and use it for the Purposes defined below. 
The UPS Parties process personal information in accordance with applicable data protection laws. The personal information is used for the purposes (the “Purposes”) set forth in, and is subject to, the UPS Privacy Notice published on UPS’s web site at < https://www.ups.com/us/en/help-center/legal-terms-conditions/privacy-notice.page > (hereby incorporated by reference into this Agreement)The personal information may be disclosed to certain recipients (“Recipients”) as described in the UPS Privacy Notice. You acknowledge You have read and fully understand the UPS Privacy Notice.
You represent and warrant to UPS that when You or Your employees, agents or contractors (“Shipper Parties”) provide UPS Delivery Co. with personal information: (1) the Shipper Parties have collected the personal information lawfully, and have the right and authority to provide the personal information to the UPS Parties for any uses permitted under these General Terms and Conditions Section 12.10; (2) You or another Shipper Party have notified each individual identified by the personal information (including all package addressees), as required by applicable law, that UPS will be processing the personal information in accordance with the UPS Privacy Notice published at < https://www.ups.com/us/en/help-center/legal-terms-conditions/privacy-notice.page > in effect at the time of shipping, that the personal information may be provided by UPS to the Recipients set forth above, and that the personal information may be transferred to countries or territories other than the country or territory in which the UPS Parties originally collected the information (which countries or territories may not have the same data protection laws as the country or territory in which You originally provided the information); and (3) You have obtained informed and specific consent from any package addressee or recipient, as required by law, that UPS may send e-mail and other notifications related to the agreed shipment services.
You further agree to receive non-marketing telephone calls and text messages relating to the UPS pickup and delivery services (including, without limitation, collections calls and text messages) from or on behalf of UPS at any wireless telephone number assigned to Your account.  You understand and agree that such calls or text messages may be prerecorded and/or delivered through the use of an automatic telephone dialing system and that Your wireless carrier’s message and data rates may apply to Your receipt of such calls and text messages at a cellular telephone number.  You understand and agree that any telephone number(s) that You provide to UPS will be true, accurate, current, and complete, and You will promptly update any such number as necessary to keep it true, accurate, current, and complete.
12.11.       Non-ExclusivityNothing in this Agreement shall be construed to preclude or restrict UPS in any way from entering into similar arrangements with any other Person or from dealing or contracting directly with mutual customers of the parties.
12.12.       Entire Agreement; Amendment.  This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all (1) prior or contemporaneous representations, understandings and agreements related thereto and (2) any prior versions of the UPS Technology Agreement between UPS and You, all of which are merged in this Agreement. Such merger will not be effective as to Software. The UPS Technology Agreement current at the time You receive a particular version of the Software will govern Your use of such Software version at all times.  Any Corporate Technology Agreement between UPS and Customer, whether entered into before or after the date of this Agreement, shall supersede this Agreement.  Any UPS Technology Agreement between UPS and You having a version more recent than Version UTA08072018 shall supersede this Agreement. The superseding of any prior agreement shall not abridge UPS’s rights against You as a result of any violation or breach of such prior agreement before the date of this Agreement. This Agreement may not be modified or amended except by a writing signed by authorized representatives of the parties to this Agreement; provided, however, UPS may modify the End User Rights pursuant to End User Rights Section 3.1 and the UPS Materials and UPS Technology pursuant to these General Terms and Conditions Section 4.2 .  A writing with electronic signatures shall not qualify to modify or amend the Agreement.
12.13.       Waiver: European Union Notices.  To the fullest extent permitted by applicable law, if You are a resident of or Your registered office is located in a member state of the European Union, You waive all notices, acknowledgements and confirmations relative to contracting by electronic means which may be required under Articles 10(1), 10(2), 11(1) and 11(2) of EU Directive 2000/31/EC as implemented in Your jurisdiction in respect of Your use of the UPS Technology.  If You are a resident of any European Union member state, You understand You have a right to withdraw from this Agreement in the first fourteen (14) days after Your acceptance, and to the fullest extent permitted by applicable law, You hereby expressly renounce the 14-day right of withdrawal in exchange of UPS making UPS Technologies available to You immediately upon entering in this Agreement.
12.14.       NOTICE: Processing of Personal Information pursuant to UPS Privacy NoticeExcept as You indicate to the contrary pursuant to the methods specified in the UPS Privacy Notice (which preferences may be changed by You at any time), You hereby acknowledge that personal information may be processed for the Purposes as set forth in General Terms and Conditions Section 12.10 .  You also agree that where You are the package addressee or recipient, You have received notice of the processing and use of personal information as described in General Terms and Conditions Section 12.10 .
12.15.       Country-Specific Terms.  If You are a resident of or Your registered office is located in one of the countries or territories listed below, the terms of Exhibit B shall apply to You.  In the case of conflict or ambiguity between any provision contained in the body of these General Terms and Conditions and any provision contained in Exhibit B, the provision contained in Exhibit B shall prevail if Exhibit B applies to You.
a.       Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, UAE, Jordan, Tunisia, Algeria, Djibouti, Iraq, Lebanon, Libya, Morocco, and Mauritania (“Middle Eastern Countries”).  
b.       Bangladesh, Indonesia, Israel, the United States of America and Puerto Rico.


EXHIBIT A
DEFINITIONS- GENERAL TERMS AND CONDITIONS
Affiliates means third parties that control, are controlled by, or under common control with, whether directly or indirectly, a Person.  For purposes of this definition, the term “control” (including with correlative meanings, the terms “controlled by” and “under common control with”) means the possession directly or indirectly of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by trust, management agreement, contract or otherwise.
Agreement is defined in the second paragraph of these General Terms and Conditions.
Alternate Billed Shipment(s) means shipments tendered to the UPS Parties on Your behalf by another Person where such shipments are charged against Your UPS Account.
Assignment has the definition provided in General Terms and Conditions Section 12.4 .
Billing Data Service Provider means a third party services provider (1) hired by You for providing services for You to close the Customer Billing Cycle, and (2) who has been identified to UPS by You for receipt of Billing Data from UPS to You via the UPS Systems, using the approved secure transfer method which may be modified from time to time by UPS in accordance with this Agreement.
Confidential Information means any information or material, other than Trade Secrets, that is of value to UPS and is not generally known to third parties, or that UPS obtains from any third party (including without limitation the UPS Parties) that UPS treats as proprietary whether or not owned by UPS.  Confidential Information shall include Information.  Confidential Information shall not include information that You can show is: (1) known by You at the time of receipt from UPS and not subject to any other nondisclosure agreement between the parties; (2) now, or which hereafter becomes, generally known to the public through no fault of You; (3) otherwise lawfully and independently developed by You without reference to Confidential Information; or (4) lawfully acquired by You from a third party without any obligation of confidentiality.
Customer is defined in the third paragraph of the General Terms and Conditions.
Damages means any claims, losses, damages, rulings, judgments and costs and expenses (including without limitation attorney’s fees).
End User Rights means the document available at
< https://www.ups.com/us/en/help-center/legal-terms-conditions/technology-agreement.page > and described in the second paragraph of these General Terms and Conditions.

General Terms and Conditions means this document.
Inbound Shipments means shipments tendered to the UPS Parties for delivery to You.
Information means information provided from the UPS Systems (i) related to services provided by the UPS Parties or (ii) generated in connection with You shipping with the UPS Parties, including without limitation, Tendered Shipments.
Middle Eastern Countries has the definition provided in General Terms and Conditions Section 12.15 .
Outbound Shipments means a shipment tendered to the UPS Parties by You.
Permitted Territory means for any UPS Technology those countries and territories associated with such UPS Technology on End User Rights Exhibit C .
Person means any individual, corporation, limited liability company, partnership, joint venture, association, joint stock company, trust, unincorporated organization or other legal entity.
Purposes has the definition provided in General Terms and Conditions Section 12.10 .
Recipients has the definition provided in General Terms and Conditions Section 12.10 .
Restricted Territory means those countries or territories subject to a comprehensive economic sanctions program administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”) or to any other general prohibition on the use, exportation, or reexportation of the UPS Technology under U.S. sanctions or export control laws. Countries or territories subject to OFAC embargo or sanctions can change at any time.  For Your convenient reference only, the following links provide information pertaining to such countries or territories:   http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx , and http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm .
Service Provider has the definition provided in the third paragraph of the General Terms and Conditions.
Service Provider Employee has the definition provided in the third paragraph of the General Terms and Conditions.
Shipper Parties has the definition provided in General Terms and Conditions Section 12.10 .
Software means those items of UPS Technology that (i) are software and that are provided by UPS to You under this Agreement, (excluding sample computer software code) and any associated Technical Documentation, and (ii) any Updates thereto to the extent provided by UPS to You under this Agreement.
Support Services has the definition provided in General Terms and Conditions Section 5.1 .
Support Software has the definition provided in General Terms and Conditions Section 5.1 .
Support Providers has the definition provided in General Terms and Conditions Section 5.1 .
Technical Documentation means collectively any and all documentation and/or sample computer software code regarding the UPS Technology or the UPS Marks provided or made available to You by UPS hereunder.
Tendered Shipment means a shipment tendered (i) by or for You to the UPS Parties for delivery or (ii) by a third party to the UPS Parties for delivery to You, which can be an Outbound Shipment, Alternate Billed Shipment or Inbound Shipment.
Term has the definition provided in General Terms and Conditions Section 6.2 .
Trade Secret means any information of UPS or that UPS acquired from a third party (including without limitation the UPS Parties) which is not commonly known by or available to the public, which (1) derives economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Update(s) shall mean maintenance, error corrections, modifications, updates, enhancements or revisions to the UPS Materials.
UPS means UPS Market Driver, Inc.
UPS Account means any shipping account assigned to You by a member of the UPS Parties, including, without limitation, those accounts assigned to users of UPS.com shipping known as “temporary accounts” and UPS Freight shipping accounts.
UPS Databases means databases of proprietary information related to the shipping services of the UPS Parties and distributed with or for use with Software.
UPS Delivery Co. has the definition provided in General Terms and Conditions Section 12.10 .
UPS Marks means the word mark “UPS” as shown in various trademark registrations including but not limited to U.S. Trademark Registration No. 966,724, and the mark “UPS & Stylized Shield Device” as shown below and as shown in various trademark registrations, including but not limited to U.S. Trademark Registration Nos.: 2,867,999, 2,965,392, 2,973,108, 2,978,624, 3,160,056 and European Community Trademark Registration Nos.: 3,107,026, 3,107,281, and 3,106,978.
UPS                              
UPS Materials means collectively the UPS Technology, the UPS Databases, the Technical Documentation, the Information, the Software, the UPS Marks, and the UPS Systems.
UPS Parties means UPS and existing Affiliates, and their respective shareholders, officers, directors, employees, agents, partners, third party suppliers and third party licensors.
UPS Privacy Notice means the privacy notice available at https://www.ups.com/us/en/help-center/legal-terms-conditions/privacy-notice.page .
UPS Systems means the UPS computer and network systems accessed by the UPS Technology.
UPS Technology means those products identified on End User Rights Exhibit B .
You is defined in the third paragraph of this Agreement.


EXHIBIT B
COUNTRY SPECIFIC AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
If You are a resident of or Your registered office is located in any country or territory identified in Section 12.15 of the General Terms and Conditions, the following terms replace or modify the referenced terms of the General Terms and Conditions.  All terms of the General Terms and Conditions that are not changed by these amendments remain unchanged and in effect.
1.       Middle Eastern Countries, Bangladesh, Indonesia,  Israel, the U.S. and Puerto Rico.
1.1                Geographic Scope and Applicability.
a.                   You warrant and represent that You are a resident of or Your registered office is located in one of the following countries: Middle Eastern Countries, Bangladesh, Indonesia, Israel, the United States of America or Puerto Rico.
b.                   Subject to Section 1.1(a) of this Exhibit B above, You and UPS agree to modify the General Terms and Conditions as set forth in Section 1.2 of this Exhibit B below.
c.                    Except as amended as set forth herein, the General Terms and Conditions (including the Exhibits thereto) shall continue in full force and effect until expired or terminated and reflect the entire agreement between You and UPS regarding the subject matter hereof.  To the extent that any provisions of this Exhibit B are inconsistent with the General Terms and Conditions, the terms of this Exhibit B shall govern solely with regard to the subject of the inconsistency.
d.                   In consideration of the promises and mutual covenants of the parties, You and UPS agree that the General Terms and Conditions shall be modified as set forth in Section 1.2 of this Exhibit B below.
1.2                Amendments.
a.                   If You are a resident of or Your registered office is located in one of the Middle Eastern Countries, Bangladesh, Indonesia or Israel, Section 9 of the General Terms and Conditions shall be deleted in its entirety and replaced with the following:
9.           Limitation of Liability.
9.1          Except as expressly stated in Section 9.2:
a.             UPS Parties shall not in any circumstances have any liability for any Damages which may be suffered by the Customer (or any person claiming under or through the Customer), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
                                                            i.          special damage even if UPS Parties was aware of the circumstances in which such special damage could arise;
                                                          ii.          loss of profits;
                                                         iii.          loss of anticipated savings;
                                                        iv.          loss of business opportunity;
                                                          v.          loss of goodwill;
                                                        vi.          costs of procuring substitute goods arising out of this Agreement;
                                                       vii.          loss or corruption of data or data use.
b.                   The total liability of UPS Parties, whether in contract, tort (including negligence) or otherwise and whether in connection with this Agreement or any collateral contract, shall in no circumstances exceed, in the aggregate, a sum equal to one thousand United States dollars (USD $1,000); and
c.                    You agree that, in entering into this Agreement, either it did not rely on any representations, whether written or oral, of any kind or of any person other than those expressly set out in this Agreement or (if it did rely on any representations, whether written or oral, not expressly set out in this licence) that it shall have no remedy in respect of such representations and, in either case, UPS Parties shall have no liability in any circumstances otherwise than in accordance with the express terms of this Agreement.
9.2          The exclusions in Section 9.1 shall apply to the fullest extent permitted by applicable law, but UPS Parties do not exclude liability for:
a.                   death or personal injury caused by the negligence of UPS Parties, their officers, employees, contractors or agents;
b.                   fraud or fraudulent misrepresentation; or
c.                    any other liability which may not be excluded by law.
9.3          For the avoidance of doubt, the presentment of this Agreement (version UTA 08072018) more than once to you does not change the UPS Parties’ total aggregate liability above one thousand united states dollars (USD $1,000).
9.4          Claims not made within six (6) months after the first event giving rise to a claim shall be deemed waived.”
b.                   If You are a resident of or Your registered office is located in one of the Middle Eastern Countries, Bangladesh, Indonesia, Israel, the United States of America or Puerto Rico, Section 12.6 of the General Terms and Conditions shall be deleted in its entirety and replaced with the following:
12.6      Governing Law and Arbitration.
a.       If You are a resident of or Your registered office is located in one of the Middle Eastern Countries, any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which the Arbitration Rules of the DIFC-LCIA Arbitration Centre are deemed to be incorporated by reference into this clause.  The number of arbitrators shall be one.  The seat, or legal place, of arbitration shall be the Dubai International Financial Centre.  The language to be used in the arbitration shall be English.  The governing law of the Agreement shall be the substantive laws of England and Wales.  You hereby represent and warrant that You have the authority to enter into an agreement to arbitrate in accordance with this clause and any applicable law.
b.       If You are a resident of or Your registered office is located in Bangladesh or Indonesia, any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Singapore International Arbitration Centre, which the Arbitration Rules of the Singapore International Arbitration Centre are deemed to be incorporated by reference into this clause.  The number of arbitrators shall be one.  The seat, or legal place, of arbitration shall be the Singapore International Arbitration Centre.  The language to be used in the arbitration shall be English.  The governing law of the Agreement shall be the substantive laws of England and Wales.  You hereby represent and warrant that You have the authority to enter into an agreement to arbitrate in accordance with this clause and any applicable law.
c.        If You are a resident of or Your registered office is located in Israel, any dispute arising out of this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the International Arbitration Rules of the Israeli Institute of Commercial Arbitration, which the International Arbitration Rules of the Israeli Institute of Commercial Arbitration are deemed to be incorporated by reference into this clause.  The number of arbitrators shall be one. The parties also agree to abide by and to perform the award or judgment of the arbitrator as the final decision respecting such dispute.  The language to be used in the arbitration shall be English.  The governing law of the Agreement shall be the substantive laws of England and Wales.  You hereby represent and warrant that You have the authority to enter into an agreement to arbitrate in accordance with this clause and any applicable law.
d.       If You are a resident of or Your registered office is located in the United States of America or Puerto Rico, any dispute arising out of this Agreement, or the breach thereof, shall be governed as set forth in Attachment 1 (Dispute Resolution in the U.S. and Puerto Rico) attached hereto.
e.        To the fullest extent permitted by applicable law and consistent with valid entry into a binding agreement, the controlling language of this Agreement is English and any translation You have received has been provided solely for Your convenience.  To the fullest extent permitted by applicable law, all correspondence and communications between You and UPS under this Agreement must be in the English language.  In the event You have entered into this Agreement by means of the Internet display of a translated version of this Agreement in a language other than U.S. English, You may view the U.S. English language version of this Agreement by accessing https://www.ups.com/us/en/help-center/legal-terms-conditions/technology-agreement.page
f.        Notwithstanding any other term of this Agreement, dispute resolution provisions contained in any agreement You have entered into with a member of the UPS Parties related to UPS Services, including for example, the applicable UPS Terms and Conditions of Carriage/Service, shall govern whenever such provisions are applicable to any claim or controversy.
c.                    If You are a resident of or Your registered office is located in one of the Middle Eastern Countries, Bangladesh, Indonesia or Israel, Section 12.16 shall be appended to the General Terms and Conditions as follows:
12.16    InterpretationThe following rules of interpretation shall apply to this Agreement:
a.       Section and Exhibit headings shall not affect the interpretation of this Agreement.
b.       A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
c.        Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
d.       Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.
e.        Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to what most nearly approximates to the English legal term in that jurisdiction.
f.        A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time, whether before or after the date of this Agreement, and in the case of a reference to a statute is also to all subordinate legislation made under that statute whether before or after the date of this Agreement.
g.        Any words following the terms “including,” “include,” “in particular” or “for example” or any similar phrase shall not limit the generality of the related general words.
h.       Any reference to the word “merchantability” shall also be construed as meaning “satisfactory quality.””
d.                   If You are a resident of or Your registered office is located in one of the Middle Eastern Countries, Bangladesh, Indonesia or Israel, Section 12.17 shall be appended to the General Terms and Conditions as follows:
12.17    Third Party RightsA person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.”
e.                    If You are a resident of or Your registered office is located in one of the Middle Eastern Countries, Bangladesh, Indonesia or Israel, Section 12.18 shall be appended to the General Terms and Conditions as follows:
12.18    Anti-Bribery and Anti-CorruptionYou shall comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the UK Bribery Act 2010 in connection with this Agreement and promptly report to UPS any request or demand for any undue financial or other advantage of any kind received by such party in connection with the performance of this Agreement.”
f.                    If You are a resident of or Your registered office is located in Indonesia, Section 12.13 of the General Terms and Conditions shall be deleted in its entirety and replaced with the following:
“12.13 Entire Agreement; Amendment.  This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all (1) prior or contemporaneous representations, understandings and agreements related thereto and (2) any prior versions of the UPS Technology Agreement between UPS and You, all of which are merged in this Agreement. Such merger will not be effective as to Software. The UPS Technology Agreement current at the time You receive a particular version of the Software will govern Your use of such Software version at all times.  Any Corporate Technology Agreement between UPS and Customer, whether entered into before or after the date of this Agreement, shall supersede this Agreement.  Any UPS Technology Agreement between UPS and You having a version more recent than Version UTA08072018 shall supersede this Agreement. The superseding of any prior agreement shall not abridge UPS’s rights against You as a result of any violation or breach of such prior agreement before the date of this Agreement. A writing with electronic signatures shall not qualify to modify or amend the Agreement.
Attachment 1
Dispute Resolution in the U.S. and Puerto Rico
Binding Arbitration of Disputes 
Except as to disputes that qualify for state courts of limited jurisdiction (such as small claims, justice of the peace, magistrate court, and similar courts with monetary limits on their jurisdictions over civil disputes), You and UPS agree that any controversy or claim, whether at law or equity, arising out of or related to this Agreement that arises in whole or in part in the United States or Puerto Rico, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, and is subject to limited review by courts. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement. You and UPS agree that their sole relationship is a contractual one governed by this Agreement.
Institutional Arbitration
The arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”), and judgment on the award may be entered in any court of competent jurisdiction. The AAA Rules, including instructions for how to initiate arbitration, are available at https://www.adr.org . The arbitrator shall decide all issues of the case on the basis of the applicable law, not equity. If You initiate arbitration, You must serve UPS’s registered agent for service of process, Corporation Service Company, which has locations in every state. Information also can be found on the website of your local Secretary of State.
Any arbitration under this Agreement will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. You and UPS each waives the right to trial by jury.  You and UPS further waive the ability to participate in a class, mass, consolidated or combined action or arbitration.
Place of Arbitration/Number of Arbitrators/Costs of Arbitration
Any arbitration will take place in the county where You reside and will be determined by a single arbitrator. Any filing fee or administrative fee required of You by the AAA Rules shall be paid by You to the extent such fee does not exceed the amount of the fee required to commence a similar action in a court that otherwise would have jurisdiction. For all non frivolous complaints, UPS will pay the amount of such fee in excess of that amount.  The arbitrator will allocate the administrative costs and arbitral fees consistent with the applicable rules of the AAA.  Reasonable attorney’s fees and expenses will be allocated or awarded only to the extent such allocation or award is available under applicable law.
All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for a court to decide. The Federal Arbitration Act governs the interpretation and enforcement of this provision.
Severability
Notwithstanding anything to the contrary in the AAA Rules, if any part of this arbitration provision is deemed invalid or ineffective for any reason, this shall not affect the validity or enforceability of the remainder of this arbitration provision, and the arbitrator shall have the authority to amend any provisions deemed invalid or ineffective to make the same valid and enforceable.
Desk Arbitration
For all disputes concerning an amount less than fifteen thousand dollars ($15,000.00), the parties shall submit their arguments and evidence to the arbitrator in writing and the arbitrator shall make an award based only on the documents; no hearing will be held unless the arbitrator in his or her discretion, and upon request of a party, decides it is a necessity to require an in-person hearing.  For a dispute governed by the AAA Consumer-Related Disputes Supplementary Procedures, and concerning an award between fifteen thousand dollars ($15,000.00) and fifty thousand dollars ($50,000.00), inclusive, UPS shall pay Your filing fee under the AAA Rules, provided that You agree that each party shall submit their arguments and evidence to the arbitrator in writing and that the arbitrator shall make an award based only on the documents, without a hearing being held. Notwithstanding this provision, the parties may agree to proceed with desk arbitration at any time.
Access to Small Claims Courts
All parties shall retain the right to seek adjudication in a state court of limited jurisdiction, such as small claims, justice of the peace, magistrate court, and similar courts with monetary limits on their jurisdiction over civil disputes, for individual disputes within the scope of such court’s jurisdiction.
Acknowledgements
YOU AND UPS ACKNOWLEDGE AND AGREE THAT EACH PARTY WAIVES THE RIGHT TO:
(a)           HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST YOU, UPS OR RELATED THIRD PARTIES;
(b)           HAVE A COURT, OTHER THAN A STATE COURT OF LIMITED JURISDICTION AS DEFINED ABOVE, RESOLVE ANY DISPUTE ALLEGED AGAINST YOU, UPS OR RELATED THIRD PARTIES;
(c)           HAVE A COURT REVIEW ANY DECISION OR AWARD OF AN ARBITRATOR, WHETHER INTERIM OR FINAL, EXCEPT FOR APPEALS BASED ON THOSE GROUNDS FOR VACATUR EXPRESSLY SET FORTH IN SECTION 10 OF THE FEDERAL ARBITRATION ACT; AND
(d)           SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, JOIN AS A CLASS MEMBER, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS IN ANY CLASS, MASS, CONSOLIDATED OR COMBINED ACTION OR ARBITRATION FILED AGAINST YOU, UPS AND/ OR RELATED THIRD PARTIES.

Award
The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless a brief explanation of the reasons is requested by one of the parties. Unless both You and UPS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
Confidentiality of Arbitration
Notwithstanding anything to the contrary in the AAA Rules, UPS and You agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the AAA from reporting certain consumer arbitration case information as required by state law.

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