Wednesday, September 30, 2015

Honoring A Local Hero

Recently this was said about one of my county’s local heroes...

  • For many years he had done “a lot of good” throughout the county.
  • He was praised for his ties to the community and his 25 years in law enforcement.
  • Another dignitary said our hero was a longtime friend who has done a lot of good work for the citizens of the county, both as a police officer and as a deputy sheriff.
  • Another said he was saddened that our hero has made mistakes that have put him in this position & he certainly wished him well in the future.
  • He was praised by many as an affable & outgoing public servant.
  • Another spoke reverently of the 25 years our hero had spent in county law enforcement.
  • It was obvious our hero had plenty of support in the room, including several pastors from around the county.

The late Paul Harvey just came into my blogging room & told me to tell you the Rest of the Story...

  • All of the above happened in a county courtroom where our hero was on trial for selling more than $55,000 in illegal automotive parts equipment to our county government.
  • Evidence was presented that showed our hero continued to sell his illegal automotive parts to the county even after the sheriff told him that it wasn’t allowed.
  • Our hero, father of two, said he had been confident he’d be exonerated until the actual verdict came down, convicting him of 8 of 14 counts.
  • In total, the eight counts carry a maximum penalty of 36 years.

WhatDoYouWannaBet our hero will not serve anywhere near 36 years?

In fact he may be on his was over to my house within a matter of days to punch me in my nose for writing this blog posting & he will probably have a police escort.

Would I kid u?

Smartfella

Lagniappe: While I & my bloody nose are laying on the floor, a newspaper reporter will probably stand over me & say, “Take that! This is what happens to someone who writes the truth about one of our Local Heroes!”

Saturday, September 26, 2015

This One Is Serious & Very Disturbing Stuff

 

A one-time respected oncologist was caught lying to patients about their health, telling some who did not have cancer that they did have cancer in order to give them unnecessary chemotherapy treatment so he could bill Medicare for the procedures.

In other cases, he lied to those with cancer that they were getting better, when in fact their tumors were growing. All the while, the doctor ordered unusually large and dangerous amounts of chemo for these individuals.

Nearly two years after his arrest, he was sentenced to 45 years in federal prison for violating more than 550 patients' trust and raking in more than $17 million from fraudulent billings.

The “good” doctor openly wept in court as he apologized for his actions, admitted to fraudulently billing Medicare, insurance companies and at least 550 patients through misdiagnoses, overtreatment and under treatment.

In some cases, he gave nearly four times the recommended dosage amount of aggressive cancer drugs; in at least one, a patient was given toxic chemotherapy for five years when the standard treatment was six months.

A chemotherapy nurse who blew the whistle to State (Michigan) authorities said she went to his office for a job interview in 2010. When she saw patients getting chemotherapy in a manner that wasn't correct she said, "I left after an hour and half. I thought this is insane”.

That same day she wrote a letter to the State and suggested they investigate him. The State notified her in 2011 that they had found no wrongdoing. She was elated when she learned the Federal Government charged him in August 2013.

What Took So Long?...

  • He started his scheme in 2009.
  • The whistle blower blew her whistle in 2010.
  • He was arrested in August 2013.
  • His scheme continued into 2014.

It’s not possible that he continued his scheme after he was arrested (arrested August 2013 but still scheming in 2014)...Or is it?

Our crack Judicial System would not allow that to happen…Or would it?

Do you feel sorry for the “Good” Doctor? In court he said he was sorry & his attorney said he is lonely while incarcerated. Now I bet you feel sorry for him...Or do you?

Would I kid u?

Smartfella

Thursday, September 24, 2015

I’m Confused Again

 

It’s words again. Some words I have been using all my life without giving them a second thought. It has always given me comfort to know I know what they mean. Then the people who are in control of my newspaper go about changing them. It’s awfully confusing!

This time it is the word “misbehavior”. The dictionary defines it as...

“To behave (oneself) in an inappropriate way”

Misbehave does not sound so bad. Its very definition above says it is only inappropriate. I have yet to see someone sentenced to death or life in prison for Gross Misbehavior or Extreme Inappropriateness.

Well we learn something new every day...

U.S. Army Sergeant Bowe Berghdal is on trial for...

Desertion & Misbehavior before the Enemy

When I read these charges I said to myself... Self, why are they bothering even mentioning the fact that he Misbehaved? Desertion is serious stuff (an act of leaving military service or duty without the intention of returning). Misbehaving sounds like he deliberately kicked over a trash can as he was tiptoeing out of camp.

In steps my newspaper bringing Confusion with it...

It was his first court appearance since he was charged in March with desertion and misbehavior before the enemy. If convicted of misbehavior, the most serious charge, Bergdahl, 29, could be sentenced to life in prison.

If you are a regular reader of my Foolishness, you know that I sometimes am very good with words. In response to “misbehavior, the most serious charge” above I am left with... Huh?

What’s next? Are going to read about Protestors being paid money to Protest & the world actually changing as a result of their “Protest”?

Would I kid u?

Smartfella

Saturday, September 19, 2015

The Most Powerful Tool For Change In the World Today

We see it on TV every week. Demonstrators are out in the streets. They are shaking their collective fists at the cameras. The anger is there. The sincerity is evident. Most of the signs are professionally done. The signs that are handwritten usually have misspelled words on them. The chants are catchy. The number of protestors is sufficient to convey the message that their cause is important & change is coming.

I dressed myself up as a Potted Plant & went out to mingle in one of these Demonstrations.

 

What I found out about the Protestors themselves was very interesting...

Ø Strangely enough, when I interviewed them, they did not for a second seem confused that the questions were coming to them from a Potted Plant. They were very cooperative & answered all my questions readily.

Ø When I got into specifics of what or who they were protesting, they had little knowledge about what or who they were protesting.

Ø One of them laughed as he told me that often they get mixed up & find themselves chanting the catchy slogan from the prior day’s Demonstration.

Ø The Protesters were a close knit group who knew each other very well because they travel together from Demonstration to Demonstration.

Ø There did appear to be growing discontent among many of them about their work schedule. Several said that they took on this “job” because the pay was good & they expected they would have a lot of time off between engagements, however, in recent years they are being called upon more often. Many said they are missing out on a lot of Succor Practices & are finding it difficult to keep up with Emailing, Text Messaging, SnapChating, What’sAppsing, Instagraming, Twittering & Linkdedining. (It made me a little sad that not one of them mentioned falling behind in their reading of Foolishness...Or Is It?)

 

I then turned to the Protestor-In-Chief & asked him about the number of protestors that was necessary to get the attention of the country...

Ø He said with 26 protestors he could alter the course of history.

Ø Any more than that would increase his overhead expenses to the point where he might have difficulty keeping up with the payments on his Villa in the South of France & his Estate off the coast of Naples, Italy.

Ø He pointed out that the News Media was very cooperative & (after a small payment to the cameraman) he could be assured of tight shots of his demonstrations so anything more that 26 were not going to make the Nightly News anyway.

 

Having gathered enough information I unzipped my Potted Plant Outfit, exposing myself as me. I told him I intended to reveal to the Good Ole USofA all what I had found out about how insincere, manipulative, money grubbing & phony his organization truly was.

 

He chuckled & dismissed my threat with a wave of his hand as he told me... “You are new at this aren’t ya, Fella. I am not concerned in the least about this exposure that has you so excited. Don’t you know it is Football Season? No one is going to pay the least bit of attention to you.”

 

Would I kid u?

Smartfella

Thursday, September 17, 2015

I Like Words But Many Of Them I No Longer Understand

 

Are they deliberately trying to confuse me? I think the answer is not a simple one. It just may be that they are confused & they can’t help themselves. Allow me to explain myself...

Ø A definition of the word Significant is... “Having Meaning”.

Ø A definition of the word Other is... “Used to refer to all the members of a group except the person or thing that has already been mentioned”.

 

Modern World has combined these two words into “Significant Other”. This is where my confusion starts. “Significant Other” is defined as, “A person who is important to one's well-being”.

 

Tell me if you think this is progress (No. Don’t tell me because I am afraid of what you might tell me.)...

Ø There was a time when the word Spouse was the word for referring to the one to whom we were married.

Ø Then “Significant Other” was invented.

Ø Then I started seeing forms I was filling out that listed the categories “Spouse” & “Significant Other”.

Ø Now I am seeing forms that only list “Significant Other” & “Spouse” has disappeared.

I don’t think this is progress (Remember I told you I did not want to hear what your opinion is.).

 

I like the word “Spouse”. My wife has been my Spouse for a long time &, I may be old fashioned but, I think to start calling her my Significant Other would be a Significant Downgrade.

 

My other Significant Other Quandary started when I was reading a newspaper article the other day. The article made mention of a couple of Significant Others who had separated from each other. Does this mean that they are now Insignificant Others?

 

Would I kid u?

Smartfella

 

Lagniappe: Special to Rick... Yesterday at the tennis match you made a comment about the term “Significant Other”. When you said it you looked directly at me. Yesterday I had not yet published this blog posting about Significant Others. Might this mean you are reading my mind? Might this mean you are starting to think like me? If so, you are in a heap of trouble! Smile

Monday, September 14, 2015

We Are Determined To Protect Endangered Species But We Also Are Determined To See To It That Extinct Species Remain Extinct

I got your attention with the Subject above, did I not? Actually I am going to stop pecking on this Blog Posting for awhile while I try & figure out what that Subject means.

Pause Pause Pause

I’m back. I’m glad I took that little break because I now can plainly see that the confusion of the above Subject makes perfect sense, if you are in England.

Here is the story…

When beavers surfaced in the River Otter, Mark Owen smelled a rat because it had been centuries since wild beavers plied the region.

In recent years, any local beavers were kept as curiosities or for research, living behind electric fences.

image

“Nobody, as far as I know, has reported that they’ve lost beavers,” says Mr. Owen, freshwater director of England’s Angling Trust, a sport fishing advocacy group that wants the rodents removed because U.K. law prohibits introduction into the wild of any animal that doesn’t already live there, even if it once did once live there.

There it is! There is the proof that the Subject of this Foolishness...Or Is It is not Foolishness. It’s this simple...

If it lives here, it must continue to live here but, if it does not live here, even if it once did live here, it can’t be allowed to live here again because it does not live here now.

I’m sure glad these English Uncommon Laws do not apply to Blogs. I might get caught by a law that says...

If you published three blogs is a row that were not funny, you are prohibited from publishing any blogs in the future that are funny because you have forfeited your right to be funny by not being consistently funny.

In other words, my funniness would forever be extinct.

Would I kid u?

Smartfella

Friday, September 11, 2015

We Failed The Test To Get Out Of High School. The Only Course Of Action Available To You Is Obvious. You Must Give Us Our Diplomas.

The San Francisco Board of Education voted unanimously to give diplomas to 107 high school students who have not met all their graduation requirements — a move that goes against state law.

The California High School Exit Examination (CAHSEE) is offered to students beginning sophomore year. There are several opportunities to take it, but some students struggled to pass and had to retake it over & over & still did not pass.  

Recently, faculty and students from San Francisco International High School showed up at the city’s school board meeting accompanied by their Principal, pleading for help. Their plead was simple... “We need another opportunity to take the CAHSEE or we need a diploma,” said the Principal.

On behalf of his fellow Pleading Students their Leader has issued a statement to the media concerning their situation...

this aint fareit iz as plane as the noos on yo fac and as elementrie as 2+2 beein 5 that our wrights have ben vialatted

(It appears that California’s education system is so bad that it cannot even teach its students how to use Spell & Grammar Check.)

When the Pleading Student Leader was asked about the lack of capitalization, punctuation, spacing, incorrect spelling & inaccurate arithmetic in his statement he responded... All that kind of stuff is no longer necessary. Modern students in America believe only necessary is necessary.

Would I kid u?

Smartfella

Lagniappe: I saw an interesting link at the bottom of the article that gave me the information I researched to write this blog posting. It was entitled...

“In California Thousands of Teachers Missing Needed Credentials”

I said to myself, “Ah ha, self, this is the problem”. But, when I clicked on the link, I was taken to...

“Page Not Found...404 Error...We’re sorry, but you have reached a page that doesn’t exist.”

Their thinking must be that, by not allowing us to read about the problem, the problem will go away...Or will it?

Saturday, September 05, 2015

Heaven Knows I Do Not Expect You To Read This Entire Blog Posting!

Heaven Also Knows Even I Did Not Read This Entire Blog Posting

Do the Lawyers make this type of Silliness necessary or do we make Lawyers necessary because we keep asking them to sue everyone about everything?

 

I have received am email from my TV Provider, Dish Network. They felt the need to inform me about their policy regarding how I am to go about disputing my disputes with them.

 

The small print below is that Arbitration Policy. It is 2,407 Words Long! If they had asked me, but, of course, they did not ask me, I could have shrunk their Arbitration Policy down to 21 words...

 To resolve any legal disputes with DISH, instead of a jury trial, you must use either arbitration or small claims court.

A fine example of how involved this policy is is the following excerpt where Dish tries to tell me who Dish is & is not & was & will be in the future...

For purposes of Section 12 only, "DISH," "we," "us," or "our" means DISH Network L.L.C., DISH Network Corporation and its past and present direct and indirect subsidiaries, and the predecessors, successors and assigns of all of the foregoing persons and entities, and the past or present officers, directors, employees, partners, agents, attorneys, shareholders and legal representatives of all of the foregoing persons and entities.

(The above excerpt alone is 43 words more than my 21 words.)


From: DISH
Date: Aug 30, 2015, 5:05:34 AM
Subject: Important Notification Regarding Addition of Arbitration Provision and Other Changes to your DISH Residential Customer Agreement

 

clip_image001Dear Fella,

We recently made changes to your Residential Customer Agreement with DISH. One of the changes adds an arbitration provision that requires you to use either arbitration or small claims court, not a jury trial, to resolve any legal disputes with DISH. The details of the arbitration provision are provided below.

You may opt out of this arbitration provision by providing written notice to DISH within 30 days. The details are provided in Section 12(H) below, and a form that you can use to opt out is available at
http://www.dish.com/downloads/legal/arbitration-opt-out.pdf.

The most recent version of the Residential Customer Agreement, which incorporates the arbitration provision along with the other changes, can be viewed at
http://www.dish.com/downloads/legal/residential-agreement.pdf
.

Thank you for being a DISH customer,

 

(The small print below is the part you need not read but please scroll through it to the bottom & read Fella’s Closing Wise Crack.)


12.DISPUTE RESOLUTION, MANDATORY AND BINDING ARBITRATION AND CLASS ACTION WAIVER

A. Mandatory and Binding Arbitration. In the event that you or we have a Dispute (as defined below) that cannot be resolved through informal dispute resolution pursuant to Section 12(C), then you and we agree (unless you opt out of Section 12 in accordance with Section 12(H)) to resolve such Dispute in an individual action, either through binding arbitration or in small claims court, instead of in courts of general jurisdiction. You acknowledge and agree that, in the event that you or DISH commences an individual action in small claims court in accordance with Section 12 and it is determined that the applicable small claims court cannot adjudicate such individual action (e.g., such small claims court lacks jurisdiction over such individual action), then such Dispute may only be resolved through an arbitration proceeding pursuant to Section 12. Arbitration is more informal than a lawsuit in court. Arbitration means that you will have a fair hearing before a neutral arbitrator rather than before a judge or jury in a court. Arbitrators can award the same damages that a court can award. Proceeding in arbitration may result in limited discovery and is subject to limited review by courts. Arbitration means that you waive your right to a trial by a jury or a trial by a judge (other than in small claims court). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class or representative claims are not permitted. BY ENTERING INTO THIS AGREEMENT, YOU AND DISH ARE EACH AGREEING TO WAIVE THE RIGHT TO A TRIAL BY JURY OR A TRIAL BY A JUDGE (OTHER THAN IN SMALL CLAIMS COURT) AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO BRING A CLAIM IN A REPRESENTATIVE CAPACITY. You and DISH also each agree that this Agreement evidences a transaction in interstate commerce and, thus, that the Federal Arbitration Act (the "FAA") governs the interpretation and enforcement of this provision. Nothing in this Agreement precludes you from bringing issues to the attention of federal, state or local agencies (including, without limitation, the Federal Communications Commission). Such agencies can, in the event that the law allows, seek relief against us on your behalf.

B. Dispute Defined. The term "Dispute" means, subject to the exceptions set forth in Section 12(K), any and all past, present or future disputes, claims or controversies between you and DISH, whether based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort) or any other legal or equitable theory, and includes, without limitation, the validity, enforceability and/or scope of Section 12. The term "Dispute" is to be given the broadest possible meaning that will be enforced and includes, without limitation, any and all claims between you and DISH in any way arising out of, relating to or in connection with: (i) this Agreement and your applicable Promotion Agreement(s); (ii) DISH's services (including, without limitation, Services); (iii) DISH's devices or products (including, without limitation, Equipment); (iv) billing, collection and credit reporting; (v) telephone calls, texts, faxes and emails that you claim you received from DISH and/or a party acting or purporting to act on DISH's behalf; and/or (vi) DISH's and/or its agents' collection, retention and/or disclosure of personally-identifiable information. For purposes of Section 12 only, "DISH," "we," "us," or "our" means DISH Network L.L.C., DISH Network Corporation and its past and present direct and indirect subsidiaries, and the predecessors, successors and assigns of all of the foregoing persons and entities, and the past or present officers, directors, employees, partners, agents, attorneys, shareholders and legal representatives of all of the foregoing persons and entities.

C. Informal Dispute Resolution; Notice and Opportunity to Cure. You and DISH agree to first try to resolve any Dispute informally. Accordingly, neither you nor DISH may start an individual action, either through binding arbitration or in small claims court, for at least sixty (60) calendar days after you or DISH notifies the other of a Dispute by sending a written document titled "dispute resolution notice" (each, a "Dispute Resolution Notice"). You may, but are not required to, download a form Dispute Resolution Notice at
http://www.dish.com/downloads/legal/dispute-resolution-notice.pdf. You must send your Dispute Resolution Notice to the Legal Dispute Resolution Notice Address (i.e., DISH Network L.L.C., Attn: Dispute Resolution, P.O. Box 9040, Littleton, Colorado 80120-9040), and we must send our Dispute Resolution Notice to your billing address then appearing in our records. The Dispute Resolution Notice must: (i) state your name, account number and contact information; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought in connection with the Dispute. In the event that you and DISH do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Resolution Notice is received, then you or DISH may commence an individual action, either through binding arbitration or in small claims court, in accordance with Section 12.

D. Arbitration Procedures. Unless you and DISH agree otherwise in writing, the arbitration will be governed by the then-current Consumer Arbitration Rules (collectively, the "AAA Rules") of the American Arbitration Association ("AAA") excluding any rules for class or collective actions, as modified by this Agreement, and will be administered by the AAA and conducted before a single, neutral arbitrator. The AAA Rules are available online at the AAA's website (as of August 7, 2015, www.adr.org), by calling the AAA (as of August 7, 2015, 1-800-778-7879) or by submitting a written request to the Legal Dispute Resolution Notice Address (i.e., DISH Network L.L.C., Attn: Dispute Resolution, P.O. Box 9040, Littleton, Colorado 80120-9040). The arbitration will be held at a location in the county of your billing address then appearing in our records unless you and we both agree to another location or a telephonic or "desk" arbitration (i.e., an arbitration conducted solely on the basis of written submissions by the participants). The arbitrator will be bound by the terms and conditions of this Agreement, including, without limitation, DISH's and your waiver of the right to a trial by jury or a trial by a judge (other than in small claims court) and the right to participate in a class action or to bring a claim in a representative capacity. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to adjudicate the merits of any Dispute. In the event that you and/or DISH elect to submit a Dispute to arbitration pursuant to Section 12, then the party initiating arbitration must open a case by filing with the AAA: (i) a demand for arbitration; (ii) the administrative filing fee; and (iii) a copy of the applicable arbitration agreement (i.e., Section 12) — (collectively, the "Demand for Arbitration"). The filing may be made through "AAA WebFile," located on the AAA's website (www.adr.org), or by filing the Demand for Arbitration with any AAA office, regardless of the intended locale of any hearing.

E. The Arbitrator's Award. An arbitrator's award will consist of a written statement of the disposition of each Dispute and a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator's decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

F. Costs of Arbitration. In the event that you initiate arbitration and agree that you will receive less than $75,000 in damages, then, after DISH receives notice that you have initiated arbitration, DISH will promptly reimburse you for your payment of the filing fee and DISH will directly pay the AAA any case management fees associated with the arbitration and the professional fees for the arbitrator's services. However, in the event that you initiate an arbitration in which you seek $75,000 or more in damages, then the payment of these fees will be governed by the AAA Rules.

G. Class Action Waiver. NEITHER YOU NOR DISH SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE (as defined above). Further, unless both you and DISH agree otherwise in writing, the arbitrator may not consolidate more than one (1) person's claims, and may not otherwise preside over any form of a representative or class proceeding. In the event that any portion of this Section 12(G) is found to be unenforceable, then the entirety of Section 12 shall be null and void.

H. Right to Opt Out. In the event that you do not wish to be bound by Section 12, then you must notify DISH in writing within thirty (30) days following the date that we first give you notice of your right to elect to opt out of Section 12 by: (i) completing the Opt Out Form located at
http://www.dish.com/downloads/legal/arbitration-opt-out.pdf
and sending it to the Legal Dispute Resolution Notice Address (i.e., DISH Network L.L.C., Attn: Dispute Resolution, P.O. Box 9040, Littleton, Colorado 80120-9040); or (ii) otherwise providing written notification to DISH at the Legal Dispute Resolution Notice Address that includes: (1) your name and account number; (2) your service address; and (3) a clear statement that you do not wish to resolve Disputes with DISH through arbitration. Your decision to opt out of Section 12 will have no adverse effect on your relationship with DISH or DISH's delivery of Service(s) to you. Any opt-out not received within the thirty (30) day period set forth above will not be valid and you must pursue your Disputes (if any) as an individual action, either through binding arbitration or in small claims court, pursuant to and in accordance with Section 12 (excluding this Section 12(H), which in such event will no longer apply). In the event that you are a new DISH customer, then your activation of a DISH account or receipt of Services or Equipment and failure to notify DISH in writing within thirty (30) days following the date of activation of your account shall constitute your acknowledgment and agreement that you are bound by Section 12. In the event that you are an existing DISH customer, then your continued receipt of Services or Equipment and failure to notify DISH in writing within thirty (30) days following the date that we first give you notice of your right to elect to opt out of Section 12 shall constitute your acknowledgment and agreement that you are bound by Section 12. We will be deemed to have given you notice of your right to elect to opt out of Section 12 as follows: (a) in the event that we send you notice by U.S. mail (including, without limitation, on a mailed bill, bill insert, notice, letter or postcard), then it will be considered given three (3) days after it is first deposited in the U.S. mail, addressed to you at your billing address then appearing in our records; (b) in the event that we send you notice electronically (including, without limitation, via an e-mail, electronic bill, social media message or attachment), then it will be considered given at the time we first send an electronic communication containing such notice or notifying you of the availability of such notice (or the electronic bill in which it is included) to the electronic contact information (including, without limitation, e-mail address or social media (e.g., Facebook, Twitter) identifier) then appearing in our records; and (c) in the event that we send you notice via broadcast on a television channel, or on your receiver(s) (including, without limitation, through pop-up messages sent to your receiver) or through publication on dish.com, mydish.com, dish.com/legal or other website, then it will be considered given when first broadcast, sent or published.

I. Miscellaneous. Notwithstanding any provision in this Agreement to the contrary, in the event that DISH makes any future change to Section 12 (other than a change to the Legal Dispute Resolution Notice Address), then you may reject any such future change as follows: (i) in the event that we elect to provide notice of such change, then by sending written notice to DISH at the Legal Dispute Resolution Notice Address of your rejection of such change within thirty (30) days following the date that we first give you our notice; or (ii) in the event that we elect not to provide notice of such change, then by sending written notice to DISH at the Legal Dispute Resolution Notice Address of your rejection of such change at any time. By rejecting any future change, you are agreeing that you will resolve any Dispute between you and DISH in accordance with the unmodified language of Section 12, unless you have previously opted out of Section 12 in a timely manner. Except as otherwise set forth in Section 12 or under applicable law, each of you and DISH shall bear and be solely responsible for its respective attorneys' fees, costs and expenses incurred in connection with any Dispute.

J. Expenses Outside of Arbitration. Except as otherwise expressly set forth in this Agreement, in the event that either party files a judicial or administrative action asserting a claim that is subject to arbitration (other than an individual action in small claims court) and the other party successfully compels arbitration, then the party filing that judicial or administrative action must pay the other party's costs and expenses incurred in seeking to compel arbitration (including, without limitation, reasonable attorneys' fees, expenses and court costs).

K. Exceptions. The following Disputes are excluded from Section 12 (including, without limitation, the informal dispute resolution provision set forth in Section 12(C)) and may only be decided by a court of competent jurisdiction: (i) any Dispute based on your receipt of all or any portion of the Services without paying for them, whether though theft of Services, piracy or otherwise; and (ii) any Dispute based on a violation of the Communications Act of 1934, 47 U.S.C. § 1201 et seq., or the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 et seq., or any federal or state law relating to signal theft or theft of service.

L. Survival. Section 12 shall survive expiration or earlier termination of this Agreement for any reason or no reason indefinitely.

 

Fella’s Closing Wise Crack... The scroll-through above is only Section 12 (2,407 words) of Dish’s Residential Customer Agreement (10,950 words). Research has shown that, with the single exception of the lady pictured below, no one has ever read the entire Residential Customer Agreement...

clip_image002

Would I kid u?

Smartfella

Lagniappe: Every lawyer that read my 21 Words above said to himself, “If the Fella thinks that his 21 words are sufficient, he is really being silly!”

Wednesday, September 02, 2015

The Most Elusive Thing In The World Today...Truth

If you believe that the Polar Ice Caps are Growing, you should read on.

If you believe that the Polar Ice Caps are Melting, you should read on.

The Smartfella has his beliefs about the Polar Ice Caps but he takes no side of either argument in this Foolishness...Or Is It?

The Fella, as always, is on the side of truth. Father Hatrel told me in 1956, “Fella, mathematics is an exact science”. It was then & it still is.

2+2=4. One cannot say, “Fella for you it’s 4 but for me it’s 1,453”. Even if one believes it is 1,453, it is not. It is only 4.

Truth is exact. You cannot have your truth & I have my truth on the same question...Or can u?

Years ago I was Flabbergasted Fella after I heard an “intellectual” discussion on my radio. As so often happens, I blogged about it. Here is a small piece of that blog...

“The Truth Is An Opinion”

I always thought the truth was the truth. I always thought if is not true it is not true. I can imagine the panel discussion on TV where I am being put into my place and lectured down to with such “enlighten wisdom” as...

  • What you fail to understand is there is your truth and there is my truth. You are not seeing the big picture.
  • The next thing you are going to be telling us is facts are certainties. Don’t you understand that there are your facts and there are my facts? The two will always be separate unless and until you agree that my facts are the correct facts and your facts are, in fact, not facts but are hogwash.
  • How did you ever get on this panel? Did I just hear you say that only the farmer who owns the land can plant his crops on that land? Are you serious? You mean to tell me that no one but the person who owns any particular parcel of land can plant crops on that particular parcel of land? Do you really think that is fair?

Back to Polar Ice Caps...

Below are 2 very brief bottom line excerpts of my research for this Blog Posting. Both of them came from Scientists. You know what a Scientist is, don’t you? They deal in Facts. They deal in Truth. That being said, how can Scientists have published these “Truths” within a very few months of each other?

Polar Ice Caps Are Growing... “Satellite instruments measuring the precise extent of the Southern Hemisphere polar ice cap report the polar ice cap has been steadily growing for decades.”

Polar Ice Caps Are Melting...

“Researchers have established the height of the Greenland and Antarctic ice caps with greater precision than ever before. The new maps they have produced show that the ice is melting at an unprecedented rate.”

Both of these big bold statements cannot be true. But where do we go to find out which is true? I know. Let’s go to the scientific community. They always know & speak the truth...Or do they?

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Scientific discussion of the not too distant future... That’s not ice on top of the Earth. That’s 1,453.

Would I kid u?

Smartfella