![]() ![]() ![]() D’Youville College, 84 A.D.3d 1744, 1744-45 (4th Dep’t 2011) “A cause of action based on negligent misrepresentation accrues on the date of the alleged misrepresentation which is relied upon by the plaintiff.” Fandy Corp. The statute of Limitations is found in CPLR § 213(1) (six years) Enzinna v. Negligent misrepresentation requires the plaintiff to demonstrate the existence of a special or privity-like relationship imposing a duty on the defendant to impart correct information to the plaintiff that the information was incorrect and reasonable reliance on the information.” Mandarin Trading Ltd. , where the parties expressly disclaim reliance on the particular misrepresentations, contrary parole evidence is barred.” Rosenblum v. Merger Clause in Contract: “Although a general merger clause will not preclude parol evidence regarding fraud in the inducement or fraud in the execution. Rescission: “A contract induced by fraud, however, is subject to rescission, rendering it unenforceable by the culpable party.” Merrill Lynch, Pierce, Fenner & Smith, Inc. “ party that releases a fraud claim may later challenge that release as fraudulently induced if it alleges a fraud separate from any contemplated by the release.” Pappas v. ![]() They require the plaintiff to show that the defendant made a misrepresentation or material omission of fact that misrepresentation or omission induced the plaintiff to enter into a contract or purchase something from the defendant the defendant knew the misrepresentation to be false and intended to induce the plaintiff’s reliance (“scienter”) the plaintiff justifiably relied on the misrepresentation or omission and resulting injury to the plaintiff. ![]() 1996).įraud in the inducement and misrepresentation are similar causes of action to common law fraud. The plaintiff must allege a “breach of duty which is collateral or extraneous to the contract.” Weitz v. “ simple breach of contract is not to be considered a tort unless a legal duty independent of the contract itself has been violated.” Clark-Fitzpatrick, Inc. Chateau Stores of Canada, Ltd., 256 A.D.2d 186, 187 (1st Dept. 2000).įraud does not arise “when the only fraud charged relates to a breach of contract.” Krantz v. William Morris Agency, Inc., 268 A.D.2d 335. Statute of limitations/time-bar: CPLR § 213(8) (six years from the time of the fraud or within two years of the time the fraud was, or with reasonable diligence could have been, discovered, whichever is shorter) Yatter v. The complaint should “inform each defendant of the nature of his alleged participation in the fraud.” Li Jun An v. Deutsche Zentral-Genossenchaftsbank AG v. “A complaint alleging fraud, moreover, must plead facts that give rise to a strong inference of scienter. This requires a party to state with particularity the circumstances constituting the fraud, including (1) specifying statements that the plaintiff contends were fraudulent, (2) identifying the speaker, (3) stating where and when the statements were made, and (4) explaining why the statements were fraudulent, Shields v. Claims of fraud are subject to a heightened pleading requirement. Rule 9(b) of the FRCP and CPLR §3016(b) require that a claim for fraud be pleaded with particularity in the Federal and State courts respectively. ![]()
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12/7/2023 0 Comments Raw onyx stone meaning![]() It was so feared in China, only slaves and menial laborers with no other way to make a living would go into the mines to extract it, where it was then carried out of the country and sold in other lands. It could separate lovers, sow family discord, and expose one to the assaults of demons, bringing dreadful visions by night, quarrels and lawsuits by day. It was believed to invoke sadness and despondency, abrupt changes in mood, and make one angry and difficult. ![]() While Onyx was revered in many cultures, it was feared in others, considered to be “a bad luck stone” that caused black bile to circulate, especially within the mind. It resided with gold and the fragrant resin bdellium in the land of Havilah, an area surrounded by the Pishon River that flowed from the garden of Eden. Onyx is referenced in numerous historical manuscripts and sacred texts, and is the first precious stone named in the Bible, described in Genesis as an element of creation. Many cultures, including the Greeks and Romans, utilized Onyx and its counterpart, the brownish-red Sardonyx, to carve figures of the gods and heroes in cameos and intaglio engravings, to make stamps and seals, stone inlays and tiles, and as handles and bases for goldwork. This deep black stone ribboned with white was highly prized for use in ceremonies and burials, scrying and magical work, and as amulets on swords, shields and armor to protect and strengthen warriors in battle. ![]() The noble Onyx is a most ancient stone, known and utilized by even the earliest civilizations for its powerful energy and somber beauty. ![]() Your On-Line Guide to The Healing Energies, Metaphysical Properties, Legendary Uses and Meaning of Onyx The Crystal Vaults Comprehensive Illustrated Guide to Crystals ![]() ![]() It’s not like it needs to be all that complex for it to be an enjoyable game. As Relink is based on a mobile RPG where players can link up with friends worldwide to fight big bosses, it makes sense that this console-based character action. It’s going to feature multiplayer functionality, a large cast of characters to control, a deep, rich narrative and dude, it’s an Anime RPG. I guess more closely relatable to Xenoblade Chronicles than anything else. ![]() but more Anime-y, much larger and grander in scale. ![]() Granblue Fantasy: Relink is a gorgeous, open-world action RPG. They don’t have any room to mess this up.Īnd if the industry has shown me anything recently, it’s that Anime RPGs are all the craze these days, thanks largely to Genshin Impact.Ī lot of information was revealed during the festival livestream – far too much to compile here. Heres 53 minutes of Granblue Fantasy Relink GameplayGranblue Fantasy: Relink is an upcoming action role-playing game developed and published by Cygames for. The games main story will be a single-player experience and a multiplayer. ![]() 7 years in public development, and how many years prior to that were spent developing the game before revealing it to the public? Exactly. Granblue Fantasy Relink is an action RPG that includes four-person player co-op. In this video Ill be helping you understand what Granblue Fantasy is. 55 This and Blue Protocol look good Izanagi89. I’ve been waiting long enough, what’s another year, right? So long as they take this time to make the necessary adjustments to ensure a smooth launch.įirst impressions are everything after all, and they need this to be a success. Besides that there’s a quest-based multiplayer mode. Granblue Fantasy Relink 13 Minutes New Gameplay Demo (2021 4K 60FPS)Granblue Fantasy: Relink was announced under the title of Granblue Fantasy Project Re: Li. complications, we’ll go with, they didn’t quite meet their deadline.Īnd as of January 2023, have confirmed they are in the final stages of development, and putting a little additional polish on the game before releasing it. Cygames also has Shadowverse which is played on PC. In December 2020, Cygames confirmed that the game would be releasing in 2022, and would now include the PS5 as a platform accompanying the PS4. Granblue is playable on PC, and a lot of people play it on PC. But if you want to play solo, you can also do it with the aid of CPU-controlled allies.Relink was announced back in 2016, and was co-produced with Platinum Games, the studio behind Bayonetta.Īfter 3 years in development, Cygames made the public announcement – to the shock of many – that they had parted ways with Platinum and would not only make some pretty significant alterations to the game, but also fully handle the development themselves. Cygames during premiere: Well everyone the game will be coming in 2023 on dec 32nd. In this upcoming title, players will play. for its multiplayer mode between the two consoles. ![]() The longer they take to release the game, the bigger expectations people have, so they have to put more effort and work in highter quality new content to. There’ll be an online lobby for you to interact with other players. Arriving in the winter of 2023, Granblue Fantasy Relink is an action RPG from Cygames set in the Zegagrande Skydom region of the Granblue universe. The Granblue Fantasy franchises official YouTube channel began streaming a new teaser trailer for the upcoming Granblue Fantasy: Relink game. But Yoda though, i squealed when they show his gameplay. 12 characters have been confirmed to be playable in the game, including the Four Dragon Knights, Charlotta, and Yodarha.Īpart from the Main Story, there is also a single/ multiplayer mode, The Quest, where players tackle different challenges to obtain treasures. Please stay tuned for further updates in 2022! #RELINK /rNsEO17ggR- グランブルーファンタジー リリンク J▍About Granblue Fantasy: Relinkīased on the Granblue Fantasy mobile RPG, Granblue Fantasy: Relink is a 3D-action RPG, where players follow Gran to start a new chapter in the skies of Zegagrande together with the features of customization, nurturing characters, and collecting treasures. We sincerely apologize to everyone excited for Relink. CyGames recently released a new gameplay trailer for their upcoming action JRPG Granblue Fantasy Relink for PS4, PS5 and Steam PC. The release date for Relink has been changed, with details posted to the official website. Granblue Fantasy Project Re:Link is a fantasy action RPG. ![]() 12/7/2023 0 Comments Download 4k video ps4 pro![]() Also, the device on which you have to play the video can be chosen to narrow down the list of formats that you can choose from. Various formats to choose from: You can choose from a wide variety of options that are available for conversions.Easy conversions: Converting videos by using the UniConverter is extremely easy and simple. ![]() It has amazing features and is also highly reliable. The best possible converter which is widely used for converting 4K videos is the UniConverter. ![]() It is important to convert the videos into suitable formats so that the movies can run smoothly and without any issues in the PS4. The common and popular MKV format is not supported by the PS4 rather, it is only the MP4 format that is needed to play 4K videos in the PS4. One thing that the users have to look into is the format which is supported by the PS4. The increasing trend of 4K videos and online streaming led to the launch of the 4K video playing apps by Sony PS4. It is possible to play the 4K Ultra HD Blu-ray videos in PS4. Hence, it is very much possible to view the 4K videos and movies on the PS4. Sony has particularly released an app for playing the 4K videos on their PS4 devices. ![]() The software updates and the highly compatible PS4s enable the users to play the 4K videos on their very own PS4 devices. The PS4 can efficiently play the 4K movies. The answer to this question is simply a YES. 1.6 Play Video on Windows Media Player 10. ![]() 12/7/2023 0 Comments Inetnetwork scanner![]() ![]() You can always update to iNet Pro from within iNet to access its full feature set. P.s.: In case you need just the network scan feature of iNet Pro, use the free version iNet - Network Scanner. If you want to know what''''s going on in your local network - iNet Networks Scanner gives you a profound answer. In addition we released iNet for Mac in December 2010 - available via the App Store. iNet Pro will be updated on a regular basis as before. DNS-Querys, Traceroute, Whois lookup etc. We will implement by time more network monitoring tools, e. Future: The modularisized structure of iNet allows to add more features and scanning methods in the future. Device Info: The device info in iNet shows some information related to your iPhone or iPod touch, e. For all detected open ports the service using this port is displayed by its real name (if available). iNet detects wether a port is open or closed. Portscan: Applications on devices communicate with the outside world through so called TCP ports. For more information see iNet WOL, our stand-alone tool for WOL. Wake on lan: The outstanding feature of our implementation is that it is very easy to use and simple to setup. ![]() The Bonjour-Browser in iNet scans the connected local network for Bonjour services, detecting any hardware that ist connected via the Bonjour protocol (for instance computer, router, printer, …) and any software running Bonjour services, e. ![]() Bonjour uses industry standard IP protocols to allow devices to automatically discover each other without the need to enter IP addresses or configure DNS servers. Bonjour browser: Bonjour, also known as zero-configuration networking, enables automatic discovery of computers, devices, and services on IP networks. For your convenience we added a bookmark function to store often needed addresses. The ping section in iNet enables you to find out if an IP exists (if its ping service is enabled otherwise you will get no response :-)). Ping: Ping is a computer network tool used to test whether a particular host is reachable across an IP network or not. The technology used in iNet scans on a very low level, therefore one can even find machines that don''''t want to be found, for instance a Mac OS X computer running in stealth mode. A classic portscan on the choosen device can also be performed. Find out the name, vendor and IP of the connected devices as well as the number of running Bonjour services on that particular device. For most Apple Computers the particular computer model can be seen. iNet discovers and distinguishes between windows and macintosh computers with different icons. a computer or router, along with their name, IP and vendor. Send scan results via email Scan Network: iNet shows the devices connected to your local network, e.In the current release of iNet we implemented the following features: Famatech software is used by global leaders in technology, including IBM, Sony, Nokia, HP, Siemens and Samsung, as well as by. This greatly expands the capabilities of Advanced IP Scanner and simplifies the system administrator’s job. Its very easy and user friendly design even allows the unexperienced user to get a profound and understandable overview of a network and the running services. Advanced IP Scanner is integrated with Radmin, Famatech’s other popular product for remote tech support. iNet provides you with information about networks your iPhone or iPod touch is connected to. With iNet you know exactly what''''s going on! This easy to use App outlines a computer network even to the unexperienced user. Which devices are connected to my network? Are they online? Which services do they provide? Does somebody use my wifi network without my knowledge? These and other questions answers iNet fast and simple. In addition you could check internet speed with a network speed test as well to compare wireless and wired connectivity.INet Pro - Network Scanner Description iNet - explore your network! Find out about security risks and keep your network under control. You can run a WiFi speed test on all your devices to idenitify the ones that have a strong WiFi signal and the ones that don't. Selectively enabling and disabling your WiFi hotspots can quickly help identify the problematic device. Maybe your device is not connecting to the correct WiFi hotspot, so it must go through a thick wall. If the interet speeds differ on your connected devices, however, the poor connectivity is likely either due to a local misconfiguration or device capabilities. If the internet speeds are the same for the weak and strong signal, it's likely an ISP issue. Just run multiple tests, one close to your WiFi Hotspot and one in the place where you're having issues because the signal strength diminishes. So to figure out if your connectivity issues are due to your ISP, your wireless connection or a local router issue running a WiFi Test will give you the insights you're looking for. Most of the devices on your home network today are not connected with a wired connection anymore. Running a WiFi Speed Test is the right solution for most people if they encounter connectivity issues as they are usually internet speed related. ![]() 12/7/2023 0 Comments Tangier ay gibson drink![]() ![]() Now that we’ve covered the Martini bases, we can go back to the Gibson vs Martini debate. ![]() The famous Dirty Martini goes a step further and adds equal parts olive brine to dry vermouth. The briny bite and earthy flavor of the olive enhance the bitter edge of the botanicals. If you prefer your Martini with even more kick, then opt for a green olive garnish. The lemon flavor enlivens the botanicals in the Martini and provides a refreshing hit of citrus for balance. The lemon is squeezed over the glass to release the oils and then it’s run around the rim to impart a citrus zing. The classic dry Martini is served with a lemon twist. He also replaced the vermouth with an equally bitter-sweet counterpart in the aromatized wine aperitif. It’s his unique order that makes this a Vesper Martini, but sometimes all you need is a different garnish to change a Martini’s profile. Bond’s case, he completely threw the rule book out the window and ordered a gin and vodka mix. So experiment with a few and find one that suits your taste. Just like gin, the flavor of vermouth varies from brand to brand due to the botanicals used to infuse them. The less vermouth, the drier the Martini, and conversely, the more vermouth, the wetter a Martini becomes. Vermouth is a bitter-sweet, fortified wine that adds the dry element to the Martini. Just exactly how dry do you want your Martini to be and what does that even mean? This can range from sweet, spicy, or herbaceous to floral, fruity, and even dried fruit flavors. Gin’s flavor comes from the botanicals that are infused into it. A classic dry Martini is gin and dry vermouth but within those two ingredients lies a vast range of flavor options. It’s the specificity of the order ratios that makes the Martini unique. Just look at James Bond’s Vesper Martini order from Casino Royale - three measures of gin, one of vodka, half a measure of aromatized wine aperitif shaken over ice and garnished with a lemon peel. Martini drinkers are some of the most specific patrons in the world. At its core, it’s a cocktail with just a handful of ingredients-but don’t let the simplicity fool you. The Martini is, without a doubt, one of the most iconic cocktails ever created. We also give you some inside-info to understand the different types of garnishes and how they give a Martini its personality. Which one is better? Which one is more sophisticated? And why does the Gibson get its own name when technically it’s just a Martini? To answer all these questions, we must do a deep-dive into the Martini glass to learn about each ingredient and what they bring to the flavor party. The Gibson vs Martini debate is one that drinkers have long argued about in smoky bars around the world. ![]() 12/7/2023 0 Comments Day timer clock![]() ![]() A spokesperson would not say how many staff still need to be trained in order for the district to be in compliance by Aug. The district refused to reconcile the difference between the numbers provided in May and those in the database now. Chicago Public Schools said the numbers fluctuate due to the ongoing annual training cycle, staff departures, new hires, medical leave, and other personnel reasons. In May, the district told Chalkbeat that there were 3,546 staff trained and about 422 still to be trained. The Chalkbeat analysis found no records in the database of trained or in-training staff at 147 schools, many of which were charter schools. How many staff members are trained?Īs of July 20, about 2,400 staff members have either completed training or were listed as “in progress,” according to a Chalkbeat analysis of a public database posted by the district. ![]() Physical restraint can be written into a student’s Individualized Education Program under the Behavioral Intervention Plan section. Students with disabilities are the most likely to be restrained or put in timeout. The April 18 letter said the district told the state that staff were trained, but the state said they could “not corroborate those reports.” It is not clear if any staff members were trained in seven incidents in which students were placed in physical restraint for over 15 minutes or in timeout for over 30 minutes between Feb.Staff at Prussing and Nixon elementary schools who were involved in incidents of restraint lasting 45 minutes did not meet training requirements.In 13 of those, at least one staff member was not properly trained and in eight incidents, none were. Untrained school employees were involved in 21 incidents involving physical restraint reported between Feb.The letter from the state board detailed several examples in which staff who were not trained, were partially trained, or were not up-to-date with training were involved in restraint and timeout situations: Since last summer, the district has been under state watch for violating state laws governing the use of restraint and timeout in classrooms. In recent years, as documented by a ProPublica and Chicago Tribune investigation, schools were found to be abusing and overusing these tactics putting children in danger and, in 2021, prompting changes to state law.Ĭhicago banned the use of seclusion years ago, but continues to allow restraint. ![]() The state board of education defines physical restraint as when a school employee holds a student or restricts their movement, timeout is when a student is removed from a classroom for part of the school day, and seclusion is when a student is confined to a room without adult supervision. Restraint, timeout, and seclusion are disciplinary tactics historically used to stop students from harming themselves or others. On Monday, July 17, a spokesperson for the Illinois State Board of Education said they continue “to meet regularly with CPS to support the district’s compliance,” by the first day of classes. “Students continue to experience escalating events, and staff need to be trained in the appropriate ways to de-escalate these students.” “CPS is jeopardizing the health and safety of CPS students and staff” by allowing the continued use of restraint, timeout, and seclusion by untrained staff, the state board said in the April letter to Chicago. If the district does not comply, Chicago could lose state recognition meaning that it could lose state funding. If Chicago does not follow state law, the Illinois State Board of Education warned that the district could be placed under probation in a letter dated April 18. 21 to train at least two employees at each of its over 600 schools in the use of student restraint and timeout or miss another deadline set by the state to comply with a 2021 state law. Chicago Public Schools has until the start of school on Aug. ![]() 12/7/2023 0 Comments Potplayer windows 10![]() And it is an excellent choice for watching videos and listening to music that is locally stored on your computer. So, download PotPlayer for Windows today with no worry about compatibility concerns. It is also compatible with live broadcasts, Webcams, Digital TV devices, DXVA, Analogs, and others. You will find a handful of similar instances out there, but none of them can meet the diversity and offerings of this PotPlayer. Its included built-in codecs are a plus to help you watch videos or play music easily without needing to install them manually. This specialized app is compatible with various video formats and codecs and also quality settings. These are often available from the app store.Daum PotPlayer is an excellent choice of free multimedia player to play videos and music on your computer. Other operating systems: The latest PotPlayer version from 2023 is also available for Android. It comes in both 32-bit and 64-bit downloads. Previous versions of the operating system shouldn't be a problem with Windows 8, Windows 7 and Windows Vista having been tested. It can run on a PC with Windows 11 or Windows 10. Download and installation of this PC software is free and 3.0 is the latest version last time we checked. PotPlayer is provided under a freeware license on Windows from video players with no restrictions on usage.
12/7/2023 0 Comments Rita cosby and curtis sliwa![]() Cowan in Newark simply relayed the description phoned in from the Polo Grounds baseball field by Newark Sunday Call sportswriter Sandy Hunt. The station began test transmissions around October 1, 1921, followed, beginning October 5, by broadcasts of the 1921 World Series baseball games. ![]() The station later expanded to a larger studio on the factory's ground floor. WJZ's studio and transmitter were initially housed in a shack located on a factory roof that was only accessible by ladder. On September 30, 1921, Westinghouse was issued a broadcasting authorization for a station with the randomly assigned call letters WJZ, located at the company's meter factory at Orange and Plane streets in Newark, New Jersey, and transmitting on a wavelength of 360 meters (833 kHz). This initial station proved successful, so the next year the company developed plans to set up additional stations in major population centers, including, in addition to the New York City area, WBZ, originally in Springfield, Massachusetts, and KYW, originally in Chicago, Illinois. In November 1920 the Westinghouse Electric & Manufacturing Company had established its first broadcasting station, KDKA, located in its plant at East Pittsburgh, Pennsylvania, in order to promote the sale of radio receivers. The microphone is the horizontal cylinder located at the upper right. History WJZ Newark (1921–1923) Original WJZ Newark studio. Starting in the 1960s to 1978, WABC was not only the dominant contemporary music station in New York City, but was also among the most-listened-to radio stations in North America, serving as a template for many other Top 40 stations around the country. While WABC has been a talk radio station since 1982, the station broadcast a Top 40 music format from 1960 to 1982. ![]() From 1943 through 2007, the station served as the flagship for the original ABC Radio Network (and its direct predecessor, the Blue Network) and ABC's radio news service. WABC began broadcasting in early October 1921, originally as WJZ in Newark, New Jersey. Owned and operated by the American Broadcasting Company for much of its history, it is one of the country's oldest radio stations. WABC simulcasts on WLIR-FM in Hampton Bays, New York, on eastern Long Island. ![]() It is the primary entry point for the Emergency Alert System in the New York metropolitan area and New Jersey. Its 50,000- watt non-directional clear channel signal can be heard at night throughout much of the Eastern United States and Canada. Owned by John Catsimatidis' Red Apple Media, the station's studios are located in Red Apple Media headquarters on Third Avenue in Midtown Manhattan and its transmitter is in Lodi, New Jersey. WABC (770 AM) is a commercial radio station licensed to New York, New York, carrying a conservative talk format known as "Talkradio 77". ![]() 12/6/2023 0 Comments Geforce now pc download![]() ![]() Taking a ride in Nvidia’s self-driving car.BMW concept car interior puts holographic controls at your fingertips.Sim racing hits the big time with the $1 million Vegas eRace.I have seen the future: Alexa controls everything.If (-not (Get-Command choco.Enlarge reader comments 138 with Ars at CES 2017 zip to the filename to handle archive cmdlet limitations # Ensure Chocolatey is installed from your internal repository # $Chocolate圜entralManagementServiceSalt = "servicesalt" # $Chocolate圜entralManagementClientSalt = "clientsalt" # $Chocolate圜entralManagementUrl = " # ii. # If using CCM to manage Chocolatey, add the following: $ChocolateyDownloadUrl = "$($NugetRepositoryUrl.TrimEnd('/'))/package/chocolatey.2.2.2.nupkg" # This url should result in an immediate download when you navigate to it # $RequestArguments.Credential = $NugetRepositor圜redential # ("password" | ConvertTo-SecureString -AsPlainText -Force) # If required, add the repository access credential here $NugetRepositoryUrl = "INTERNAL REPO URL" # Should be similar to what you see when you browse Your internal repository url (the main one). # We use this variable for future REST calls. ::SecurityProtocol = ::SecurityProtocol -bor 3072 # installed (.NET 4.5 is an in-place upgrade). NET 4.0, even though they are addressable if. # Use integers because the enumeration value for TLS 1.2 won't exist # Set TLS 1.2 (3072) as that is the minimum required by various up-to-date repositories. # We initialize a few things that are needed by this script - there are no other requirements. # You need to have downloaded the Chocolatey package as well. Download Chocolatey Package and Put on Internal Repository # # repositories and types from one server installation. # are repository servers and will give you the ability to manage multiple # Chocolatey Software recommends Nexus, Artifactory Pro, or ProGet as they # generally really quick to set up and there are quite a few options. # You'll need an internal/private cloud repository you can use. Internal/Private Cloud Repository Set Up # # Here are the requirements necessary to ensure this is successful. Your use of the packages on this site means you understand they are not supported or guaranteed in any way. With any edition of Chocolatey (including the free open source edition), you can host your own packages and cache or internalize existing community packages. Packages offered here are subject to distribution rights, which means they may need to reach out further to the internet to the official locations to download files at runtime.įortunately, distribution rights do not apply for internal use. If you are an organization using Chocolatey, we want your experience to be fully reliable.ĭue to the nature of this publicly offered repository, reliability cannot be guaranteed. Human moderators who give final review and sign off.Security, consistency, and quality checking.ModerationĮvery version of each package undergoes a rigorous moderation process before it goes live that typically includes: Welcome to the Chocolatey Community Package Repository! The packages found in this section of the site are provided, maintained, and moderated by the community. ![]() |
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