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Southwest Virginia Discussion Forums

The Southwest Virginia Discussion Forums provide an opportunity for residents of Southwest Virginia's communities to engage in online discussion of a variety of topics and issues.
We also offer to create upon request, a custom discussion forum for local
Southwest Virginia community organizations and neighborhoods.  To access our special Smyth County forum for discussion of the government, issues, and local politics of Smyth County, Virginia, click here. To access our special Chilhowie forum for discussion of the government, issues, and local politics of the Town of Chilhowie, Virginia, click here. To access our special Marion forum for discussion of the government, issues, and local politics of the Town of Marion, Virginia, click here. To access our special Saltville forum for discussion of the government, issues, and local politics of the Town of Saltville, Virginia, click here.  Click here for information on how to request a community organization forum.   Click here for information on how to request a custom forum for your neighborhood

 

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Smyth County Conservative
  • Party ID On Ballot for Local Elections Fails in Senate (2012/2/2)
    Yesterday, the Senate of Virginia rejected by a vote of 14-25 legislation that would extend party ID on the ballot to local elections.  This likely means the party ID legislation isn’t going anywhere this year.  If passed, this legislation would have identified candidates nominated for a political office at the local level (constitutional offices and local governing bodies) with an R or D after their name just like federal and state candidates.  Independents would be identified with an I. This failure of this legislation to pass is unfortunate and absurd.  It just makes sense that if a local political party is permitted to nominate candidates for an office, that their party ID should be on the ballot beside the candidate’s name. As I have referenced to in an earlier post, ...
  • Party ID on Ballot For Local Elections Fails in House P&E (2012/1/27)
    Unfortunately, on a vote of 10-12, the House of Delegates Privileges & Elections (P&E) Committee failed to advance HB769 (Landes) this morning to the full House. I believe that a lot of misinformation played a part in this.   Some local government interest groups were arguing that it would make local elections “partisan” and wasn’t needed.  Well, that simply was not the case.  This was purely a bill that would have added the R, D, and I designations to the ballots for all candidates.  Local elections in Virginia (except for school boards and soil & water conservation district directors, which state law prohibits party nominations for) are already partisan if a local political party decides to officially nominate a candidate.  In some parts of Virginia, l...
  • Party ID On Ballot for Local Elections (2012/1/22)
    Back in 2009, I wrote a piece about extending party ID on the ballot to local elections (constitutional officers and local governing bodies).  Under current Virginia law, only candidates for federal, statewide, and General Assembly offices have the R, D, or I designators for party beside their names. I am pleased to see that there are a number of bills in the General Assembly this session that would fix this problem by allowing the designators to be used for any election in which a party nominates a candidate.  If voluntary party registration is enacted in Virginia (which it looks like there is a good chance of this session) it will be all that more important to have party ID on the ballot for local candidates. Here is a list of bills currently in the General Assembly seeking to extend ...
  • On Running for Local Office (2012/1/14)
    Some of you probably know that I was a candidate for Treasurer of Smyth County in the 2011 Local Election.  Unfortunately, I didn’t win but I did end up getting 32% of the vote in an election with only 39% voter turnout.  Voter turnout was sad considering the weather later on the election day was 70 degrees and very pretty. I hope to soon write a substantial post about this run for office.  Running for an elected public office is probably one of the most exciting and stressful things one can do.  At the local level you, as the candidate, are the whole campaign organization (manager, fundraiser, strategist, etc.). Watch for my post later.
  • Carrico Statement on Being Sworn In (2012/1/14)
    Yesterday, State Senator Bill Carrico (R-40th) issued this statement about being sworn in as a new member of the Senate of Virginia.  Carrico previously served in the Virginia House of Delegates since 2002 until deciding to run for the 40th Senate District seat upon the retirement of William C. Wampler, Jr.  I believe Bill will make a fantastic Senator for SWVA, just like he did a great job representing the old 5th House of Delegates district.  His statement is below: Office of Sen. Bill Carrico Virginia Senate – 40th District Contact: Stuart Higley 804.698.7540 FOR IMMEDIATE RELEASE Friday, January 13, 2012 Carrico Sworn-In as 40th District Senator Richmond – Sen. Bill Carrico (R-Fries) was officially sworn in on Wednesday to represent the 40th District in the Virginia State Senat...
  • More Activity (2012/1/14)
    This year I hope to do more with this blog.  I originally started this blog about 7 years ago (hard to believe how fast time flies!).  Over the last few years, I have not blogged as much as I did when I started up.  Life has been and is very busy. I hope to have at least a post weekly this year.  It is important to have a good political blog about things happening in SWVA. Stay tuned.
  • Retiring Senator Wampler to Lead New College Institute (2012/1/3)
    It was announced today that retiring Virginia State Senator William C. Wampler, Jr (R-Bristol, District 40) will be the new Executive Director of the New College Institute in Martinsville. Wampler, first elected to the Senate of Virginia in 1987, did not seek re-election in 2011.  Wampler’s term in the Senate ends on January 11.  Delegate Bill Carrico (R-5th) will be the new Senator from the 40th District after winning the election in November.
  • I’m Running for Treasurer of Smyth County (2011/8/29)
    Hello Everyone, The last week or so has been very busy.  I am happy to report that I am running for Treasurer or Smyth County!  I was honored to receive the Republican nomination on August 22nd.  This is my first time running for elected public office.  Making the leap from the political side of things to being a candidate certainly has been interesting. I believe that a lot can be done to increase customer service and efficiency within the Smyth County Treasurer’s Office.  I will soon be releasing my plan to make changes to the office for the benefit of Smyth County soon. Campaign contributions may be sent to: Tolbert for Treasurer P.O. Box 153 Saltville, VA 24370 Any donation amounts, small or great, are greatly appreciated!  Stay tuned!
  • Light Officially Republican Nominee in 38th Senate District (2011/6/17)
    Below is a press release received from Ruth Groten, the 38th Senate District Republican Committee Chairman: Adam Light earns Republican nomination for 38th Senate District –Light wins nomination uncontested– –Republicans united behind effort to unseat Puckett– RICHLANDS—Ruth Groten, Chair of the 38th Senate District Republican Committee, announced that Adam Light from Tazewell County has received the Republican nomination for the seat in this fall’s election. Light secured the nomination by being the only candidate to pre-file for the Republican mass meeting called to choose a nominee. With only one candidate filing, the meeting will not have to be held. He will face Senator Phillip Puckett (D-Russell) this fall. “I am thrilled that Adam is going to be the Re...
  • Israel O’Quinn Announces in House District 5 (2011/6/9)
    Israel O’Quinn has just announced his candidacy for the Republican nomination for the 5th District House of Delegates seat. More details later. UPDATE: Israel O’Quinn announced this morning in Bristol that he is seeking the Republican nomination in the 5th House of Delegates district.  After redistricting the 5th includes:   All of Grayson County; all of the Cities of Bristol and Galax; part of Smyth County comprised of the Adwolfe (701), Chilhowie (301), Konnarock (703), Royal Oak West (602), Seven Mile Ford (201), and St. Clair (302) Precincts; and part of Washington County comprised of the Clinchburg (201), Damascus (502), Glade Spring (401), Green Cove (504), Hayter’s Gap (203), High Point (701), John Battle (703), Meadowview (402), Rhea Valley (501), and Watauga (301)...
  • Candidate to Announce for House District 5 (2011/6/9)
    A Republican candidate will announce tomorrow, June 9, for the 5th House of Delegates seat being left open by Bill Carrico.  As you may recall, Carrico announced Monday that he would be seeking the 4oth Senate District seat. Tomorrow’s candidate announcement is to take place at 10:00am at the Bristol Public Library, J. Henry Kegley Board Room, Upper Level, 701 Goode Street, Bristol, VA 24201. More details later as they develop.
  • Carrico Makes it Official (2011/6/6)
    Delegate Bill Carrico (R-5th) has just officially announced he will seek the Republican nomination for the 40th State Senate District.  UPDATE:   You can read a copy of Carrico’s press release over at the Blue Ridge Caucus blog.  Carrico announced this morning at 10am at the Virginia Highlands Airport in Abingdon, Virginia.
  • Carrico Very Likely to Seek State Senate Seat (2011/6/4)
    Delegate Bill Carrico (R-5th) is likely to seek the 40th District State Senate seat being vacated by William C. Wampler, Jr. Wampler announced yesterday he would be retiring after serving since 1987. An announcement from Carrico could come as soon as Monday. Carrico is a natural fit for the Republican nomination. Both his old and new House of Delegates district encompasses much of the 40th Senate District. Additionally, Carrico will have name recognition from his 2006 bid for U.S. House of Representatives. After redistricting, the 40th Senate District changed very little. It includes: All of Grayson, Lee, Scott, and Washington Counties; all of the City of Bristol; part of Smyth County comprised of the Adwolfe (701), Atkins (501), Chilhowie (301), East Park (401), Konnarock (703), Royal Oa...
  • Wampler to Not Seek Re-Election (2011/6/3)
    TriCities.com is reporting that State Senator William C. Wampler, Jr (R-District 40) has announced he is not seeking re-election to another term in the Senate of Virginia.  Wampler was first elected in 1987 and is a prominent member of the State Senate and serves on the Finance Committee. UPDATE:   The Blue Ridge Caucus blog has more here , including a statement from Wampler.
  • Boucher Joins Law Firm (2011/5/18)
    It appears that the speculation about what Rick Boucher will do since leaving Congress is over.  Today the law firm Sidley Austin LLP announced via a press release here that he will be joining their Washington, D.C. office as a partner.  Boucher will be overseeing their new government strategies practice.

Twitter updates from News 5 WCYB / news5wcyb

SW Virginia law blog
  • The Winter Meeting (2012/1/21)
    Again this year as in '06, '07, '08, '09, and '11, I am in Williamsburg for the winter meeting of The Virginia Bar Association, and pleased to see many of my favorite people. This morning ends Pia Trigiani's year as president of the Association, and I was amused to meet her law partner David Mercer yesterday at the meeting of this committee , he is a hoot and a half. The next president Hugh Fain told me he saw where I had blogged about the suit he filed for the Rick Perry campaign. I saw the Chief Justice at the venue yesterday with her husband, and was reminded that she told me when I first met him years ago he was a much better-known local celebrity as a high school football coach than she was as a federal magistrate judge.
  • No brainer (2012/1/13)
    I hope that you will agree that the Stop Online Piracy Act is an abomination, sponsored by Southwest Virginia's own Congressman Goodlatte of all people for no apparent reason. It seems to me that empowering the courts to close off parts of the Internet through injunctions in the name of copyright protection is anti-business and anti-American - sounds more like China or Iran - and would represent the triumph of a small group of well-connected companies over the public interest. People are choosing to own fewer albums, legally or illegally , and messing with the Internet is not going to do anything to make more money for record companies.
  • The next ASL dean from Louisiana (2012/1/6)
    I read today that the Appalachian School of Law has appointed Lucy S. McGough , a law professor on the faculty of the Louisiana State University, as its next Dean, to replace my good friend Wes Shinn, who himself was a Louisiana lawyer. The press release is here .
  • Lincoln Memorial sues ABA over denial of law school accreditation (2011/12/29)
    As reported here , the law school of Lincoln Memorial University has filed an antitrust lawsuit in federal court in the Eastern District of Tennessee against the American Bar Association for its denial of provisional accreditation to the new LMU law school in Knoxville. The judge assigned to the case is Thomas Varlan. In 2003, an ABA committee rated Judge Varlan "qualified" to be a federal judge by a split decision, with a minority of those voting finding him to be "not qualified," as shown here .
  • More on the Virginia Republican primary ballot (2011/12/29)
    Here is a link to the memorandum filed on behalf of the Rick Perry campaign in support of its motion for a temporary injunction against the application of the requirements of Va. Code 24.2-545 that would keep Perry off the primary ballot in Virginia. Rick Hasen had this preliminary take on the litigation, the gist of which is that it was filed too late. Discussion of the desirability or feasibility of changing the Virginia statutes to let other candidates on the ballot or to be "write-in" candidates through legislation in the upcoming session of the General Assembly can be read here in the Christian Science Monitor, here in the Richmond Times-Dispatch, this commentary from the Richmond paper, this article says both Patrick McSweeney and Paul Goldman are on board to get the laws changed, a...
  • On the Rick Perry lawsuit (2011/12/28)
    I read with interest the Complaint filed by my friend Hugh Fain on behalf of the Rick Perry campaign, seeking relief from the campaign's failure to meet the statutory requirements contained in Va. Code 24.2-545 to get on the ballot for the Republican Presidential primary in Virginia. It raises two claims, the first is that the residency requirement for petition "circulators" is unconstitutional as a violation of the First Amendment, based on Buckley v. American Constitional Law Foundation, 525 U.S. 182 (1999) . The second is that the requirement of signatures from 10,000 qualified voters with at least 400 qualified voters from each congressional district in the Commonwealth is itself unconstitutional as a violation of the First Amendment. The Complaint seeks injunctive relief against the e...
  • The year in review, according to lawyer-bloggers (2011/12/13)
    This password-protected article by Deborah Elkins in VLW includes quotes from me, appellate guru Steve Emmert from Virginia Beach, appellate guru Jay O'Keefe from Gentry Locke in Roanoke, John Tarley in Williamsburg, Jim Kinsel from Northern Virginia, construction lawyer Chris Hill , Richmond litigator Dabney Carr , Crimlaw's Ken Lammers from Wise County, Josh Silverman , Qui Tam blogger Zachary Kitts , and local government law expert Andrew McRoberts .
  • On the perils of appellate practice (2011/12/2)
    In the past few days, three opinions have cracked down on abusive tactics in appellate litigation: In Gonzalez-Servin v. Ford Motor Company , Judge Posner compared counsel to an ostrich for failure to address recent precedent - with funny pictures. In Kim v. Westmoore Partners , a California appeals court fined counsel $10,000, for doing things like asking for more time to write a brief and then cribbing almost entirely from another brief the same lawyer had filed in an earlier case. Today, the Fourth Circuit in Matter of Liotti gave a public reprimand to a lawyer for inaccuracies in his characterization of the record and the facts.
  • On Crohn's disease and the patent case being heard next week in the Supreme Court (2011/11/30)
    Next week the United States Supreme Court will hear argument in a patent case styled Mayo Collaborative Services v. Prometheus Laboratories, Inc., for which the SCOTUSblog has this link to the many briefs. The patents at issue involve blood testing after administration of a drug called azathioprine , which I have taken off and on for some years. Azathioprine is an immune suppressant used as an anti-rejection drug for people who receive organ transplants. It is also prescribed for Crohn's disease and ulcerative colitis, which are thought to be disorders of the immune system. It is an alarming thing to sit and read the label as I used to do sometimes and think about whether you want to take that pill. Some people who take azathioprine for Crohn's disease get one form of cancer or another and...
  • More on tie-breaking in the Virginia Senate (2011/11/22)
    The Washington Post reports here and the Washington Times reports here that Democrats in the Virginia Senate will file suit for a determination of the powers of the Lieutenant Governor to break tie votes on the organization of the Senate.
  • Worth reading (2011/11/21)
    This piece in the Baltimore Sun asks whether recent criminal cases show that the Fourth Circuit has become more "liberal." Following the Supreme Court's decision to take up the cases, a series of articles appeared over the weekend denouncing the ethics of Supreme Court justices in anticipation that they will vote to overturn the Affordable Care Act, including here , here , here , and here . Some U.Va. students are trying to get the University to stop using coal to heat its buildings, according to this story in the Charlottesville paper. The article did not say whether they think the coal money that went into the Carl Smith Center should also be sent back. The executive director of Lenowisco was quoted in this article suggesting that the Santa Train perpetuates negative stereotypes of Sout...
  • Who can defend Proposition 8? (2011/11/17)
    In Perry v. Brown , the California Supreme Court held today that the proponents of Proposition 8, the referendum that amended the California constitution to prohibit same-sex marriage, have standing to appeal the federal judgment that the state constitutional amendment violated the United States Constitution, where California officials including the new governor have refused to try to defend the amendment. The decision clears the way for the Ninth Circuit to decide the constitutional issue on the merits. The amendment at issue added section 7.5 to the California constitution, which provides: "Only marriage between a man and a woman is valid or recognized in California." The California decision is interesting in its contrast with the Fourth Circuit decision in the health care case , where ...
  • Which ties can the Lieutenant Governor break? (2011/11/12)
    The Virginia Constitution provides that "[t]he Lieutenant Governor shall be President of the Senate but shall have no vote except in case of an equal division." Va. Const. Art. 5, section 14. Starting next year, the Virginia Senate will be split 20-20, when it votes along party lines. There has been reporting in the blogs and other media that the Republicans are refusing to "share power" in the organization of the Senate, such as the representation on committees. In 1996 Va. Op. Atty. Gen. 31, 1980-1981 Op. Va. Att'y Gen. 97, and 1979-1980 Op. Va. Att'y Gen. 178, the Attorney General has offered opinions about which ties the Lieutenant Governor can and cannot break. In the 1996 opinion, the Attorney General concluded that the Lieutenant Governor could not provide the tie-breaking vote on ...
  • What has changed in pest control since 1989? (2011/11/7)
    The Virginia Supreme Court would seem to have gotten it wrong in one of its two decisions dealing with the non-compete clause used by a pest control company, having reached the opposite conclusion in 2011 from what it held in 1989 . Justice McClanahan, in her dissent, observed that such a fundamental shift in so short a time is an offense against the Rule of Law. I recall having an oral argument before the late Judge Richard Williams of the Eastern District some years ago, in my only (and somewhat terrifying) appearance before him, and when he asked me about some old precedent that I tried to dismiss as too old, he laughed and said, "so you're saying the Age of Enlightenment set in sometime after that decision, and you know better now than the Supreme Court did back then?" The Home Paramo...
  • The online business entity records of all 50 states on one page (2011/11/3)
    I was working on a project where I wanted to see what a corporation on the other side said in its corporate filings with the various states, and found this page , with links to the equivalent of the Virginia State Corporation Commission for all of the states. And, it struck me that the SCC's online presence was sort of middle of the road compared to the other states - some of them make you pay to see much of anything, some have more detailed information, Virginia is better than most in that now you can download annual reports in PDF without getting a password or sending in a check. Some states require the corporation to provide the names and addresses of its officers and directors. This information might be useful as evidence when there is a dispute of fact over a corporation's "principal...

Smyth County Eye Associates
  • Our Promise to You (2008/6/26)
    From the moment you walk through the doors at Smyth County Eye Associates , you may expect to be greeted with a smile by a team of experts intent on providing you with an exceptional eye health examination and evaluation, including advice to enhance, preserve and protect your precious sense of sight. We will also strive to provide you an outstanding experience throughout your visit with us! You will be treated as an individual and cared for utilizing the absolute most current leading edge technologies to ensure your very best eye health. We're here to provide you, your family, colleagues, and community with exceptional service and products.


Recent Articles, News & Announcements
Historical Sites in Smyth County, Marion, Chilhowie & Saltville
Chilhowie Historic District Posted by DigitalDominion (2011/4/9)
The town of Chilhowie, Virginia, is a small commercial center along the Interstate 81 coridor in Smyth County in southwest Virginia. In 1995-1996, the town was partially inventoried as part of a limited reconnaissance-level survey of Smyth County's historic architectural properties. The survey documented four sites within the Chilhowie Historic District, one of three districts identified as potentially eligible for listing in the National Register of Historic Places. In winterspring 1998-1999, the eight remaining properties within the proposed district were inventoried.
The district comprises most of the surviving historic commercial center of Chilhowie. It includes the commercial properties lining the principal block of Main Street and buildings on Lee Highway to the north.
  • [2011/4/9] Saltville Historical District
    The town of Saltville, Virginia, is an important industrial center in Smyth County in mountainous southwest Virginia. The center of the historic salt and plaster industry in the region, the town is located in the northwest section of Smyth County in the Little Mountain
    range. The district comprises a significant portion of the surviving historic commercial and residential center of Saltville. Saltville is laid out in a small valley around the historic well fields, a flat and marshy area from which the salt brine essential to local industries was extracted.

    The district includes the relatively intact commercial and institutional properties lining the principal blocks of Main Street and Palmer Avenue at the northeastern end of the valley and the
    domestic structures to...
  • [2008/12/13] Welcome to Smyth.Biz
    Welcome to Smyth.Biz - the "Web 2.0" website serving Smyth County, Virginia and its communities. Watch this site as we roll out new features. Register as a user and take advantage of the opportunity we offer to promote your business, share news and announcements of your group or organization, interact with fellow residents of Smyth County, Virginia via the internet, and keep abreast of what's going on in Smyth County, Virginia.

    This site will be primarily devoted to promoting local content contributed by local businesses, organizations and residents. If you are interested in being a contributor, contact us. We welcome the opportunity to provide you the ability to promote your local business, share the success of your local sports teams, promote your local club or charity....
  • [2007/10/14] "Articles, News & Announcements from www.Smyth.Biz" versus "News & Announcements from the Community"
    Understanding the difference between our "Articles, News & Announcements from www.Smyth.Biz" feature and "News & Announcements from the Community."
    "News & Announcements from the Community" is intended to be an organized community "blog" which enables all registered users to submit and self approve for posting news and announcements on a variety of topics relevant to daily life in Smyth. That feature is unmoderated, thus registered users have the flexible ability to post news and announcements relative to the topic. Submissions to that category will be "pruned" after a reasonable period of time. We will, upon request, create a new topic...
Recent News & Announcements from the Community
  • Hungry Mother Arts and Crafts Festival (2008/5/14)
    Friday, July 18, 2008 - Sunday, July 20, 2008
    10:00 AM - 6:00 PM
    Hungry Mother State Park, Marion, Va. 24354
    Come to one of the largest juried craft shows in southwestern Virginia. More than 100 artisans display traditional and contemporary artwork, leather crafts, wooden crafts, pottery and other crafts. Also take in demonstrations, children’s activities, music and food. Visit www.hungrymotherfestival.com for more information.
  • Outdoor Expo '08: Children and Nature... A Natural Fit - (2008/5/14)
    At Hungry Mother State Park
    Saturday, June 7, 2008
    9:00 AM - 3:00 PM
    Several agencies and groups are joining together to offer this special event. Outdoor Expo '08 introduces kids and families to the many wonders found right in the backyard. Hands-on displays promote healthy living and cover environmentally ethical and respectful behavior as well as safety in recreational pursuits.
  • Music in the Park At Hungry Mother State Park (2008/5/14)
    Saturday, May 31, 2008 - Saturday, August 30, 2008
    8:00 PM - 9:00 PM
    Every Saturday night during this range, the park hosts a variety of local musicians at the gazebo.
  • Hungry Mother State Park Inerpretive Programs (2008/5/14)
    NATURE, HISTORY PROGRAMS: Regular weekly interpretive programs at Hungry Mother are available mid-June through Labor Day and include canoe tours, nature hikes, night hikes, Critter Crawl (aquatic sampling), guest evening programs, campfires, storytelling, music, and wee and junior naturalist programs. The park offers more programs on weekends in May, September and October. Guests may call the park at (276) 781-7400 for specific programs and dates.

  • Chilhowie Recognizes SGT. David Cullop for Saving Fellow Trooper's Life (2008/5/14)
    from town press release:

    Recently, Virginia State Trooper Kris Chapman had the opportunity to thank publicly the man who returned breath to his body at the scene of the Feb. 1 interstate crash that nearly claimed the young officer’s life. Chapman’s family and the town of Chilhowie joined in the expression of gratitude to Chilhowie Police Department Sgt. David Cullop.

    The Chilhowie Town Council chamber’s atmosphere was tense with emotion as a letter of commendation from Police Chief Stephen Price was read. The letter explained that Cullop was first on the scene of the wreck that occurred when a drunk driver slammed his Ford F-150 pickup into Chapman’s cruiser while he was working a traffic stop on the shoulder of Interstate 81 near Seven Mile Ford just before 11 p...
Smyth Local Business Directory
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  • You grant this the owner of this Website and its successors and assigns a perpetual royalty-free nonexclusive license to use any and all such submissions or information in any form of media and subject to such edits and updates as we deem appropriate, whether electronic, paper, or otherwise, either with or without attribution to you as the author thereof.
  • You agree to indemnify and hold the owner of this Website and its members, officers, agents and employees harmless against any and all loss, cost damage or expense of any kind or nature whatsoever resulting from any willful material unauthorized or false submission by you.
  • You acknowledge that you are aware that the information provided on this site is general and nature and does not take into account any facts or circumstances that may be unique to your personal situation or circumstances. The owner of this Website and its members, officers, agents and employees have no liability for any false, inaccurate or improperly posted or maintained information or data whatsoever, and you waive and release the owner of this Website and its members, officers, agents and employees from any and all liability from any unintentional errors or omissions that may occur in the use and posting of submitted information. Although we have no legal obligation to do so, we will generally use good faith efforts to correct errors or remove erroneous material when notified of such.
  • You agree that all activity by you relating to your use of this Website shall be deemed to occur in the Commonwealth of Virginia, that you consent to personal jurisdiction in the Commonwealth of Virginia, and that this Terms of Use Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia (without regard to conflicts of law principles that might otherwise apply) and that the sole and exclusive venue for any disputes under this agreement or otherwise relating to your use, access to or otherwise pertaining to this Website and you shall be the Circuit Court for Fairfax County, Virginia or the United States District Court for the Eastern District of Virginia, sitting in Alexandria, Virginia and you consent to service of process by mail or by E-mail to your last known address as provided by you to this Website.
  • You agree, at the option of the owner of this Website in its sole and absolute discretion, that any disputes hereunder or otherwise arising from or related to your use of access to or submissions to this Website may, at the option of owner of this Website, be submitted for binding arbitration to any reputable arbitration sponsor selected by the owner of this Website.
  • You acknowledge and agree that no duty of confidentiality arises or exist with respect to any information submitted to this Website whether by E-mail, posting, or otherwise. You acknowledge and agree that to the extent that by use of this service, you engage in a communicative dialogue with any licensed professional attorney, accountant, financial advisor or otherwise, no client relationship of any kind or nature shall arise or exist and no such professional who post information or otherwise responds to you through or by means of this Website shall have any obligation, duty or liability to you whatsoever.
  • You represent that you are at least 18 years of age.

 

Policies - Effective January 1, 2007

Copyright

The design, format, and structure of our pages, directories, and other portion of our site, to the extent not owned by others (such as the developers of the programs we license and utilize as part of our site) are copyright by this Website and it is unlawful to reproduce such pages and formats or the information contained therein without the express written consent of this Website or the owner of such other material. Material and information linked to and within sites not within the this Website domain is and remains the property of the respective owners thereof, and any usage of such material is subject to applicable copyright and other laws and requirements of the owners of those sites.

Linking

We welcome links to our site from other sites and grant license to do so freely provided the following conditions are satisfied:

  1. The link is to our home page "http://www. Smyth.Biz" and not to a "deep link" (sub page or part of our site unless we have granted our express written permission for such a deep link).
  2. The link is not placed within a frame or otherwise intended to be viewed in a manner which makes our site appear to be part of or sponsored by some other site or which does not permit the display of the entire page and contents, including navigation bars and banners.
  3. By linking to our site you grant us permission to link to your site. Unless you otherwise advise us by E-mail, such permission is permission to link to you home page or any deep link within provided we also do not place such link within a frame or otherwise limit the display of the entire page and contents, including navigation bars and banners.
  4. The site from which our site is linked must not be of an obscene or sexually oriented nature, one devoted to ethnic hate or religious intolerance, or one which contains graphic portrayals of violence or other acts or scenes generally considered distasteful by community standards and the usage and link to our site must be done in a tasteful manner consistent with Virginia community standards (i.e. links are not placed in the context of sexually oriented content, " ethnic hate oriented content", or other defamatory or obscene material.
  5. You agree to notify us of the link via E-mail.
  6. You agree that if requested, you will remove the link.

Submissions

By submitting information to our site, whether by posting to a bulletin board, participation in a chat room, subscription to a newsletter, submission of a directory listing or otherwise providing information to us or to others by means of our site you represents and warrant to the owner of this Website that (1) if made on behalf of a business entity or a person other than You, that You have legal power and authority to make such submission, (2) that the information contained in such submission is true, (3) that You own or have the right to submit such information and that such information is not the property of or subject to copyright, any other rights of others, or any other restriction or limitation upon its use, and (4) that the owner of this Website is granted a perpetual non- exclusive royalty free license to use such submitted information in any form or manner, whether electronic, digital or otherwise.

You further agree to indemnify and hold the owner of this Website and its members, officers, agents and employees harmless against any and all cost, loss or expense if any of the foregoing are not true.

Use of this Website

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your registered user name or password, including the content of your postings and transmissions through the features of this Website. By way of example, and not as a limitation, you agree not to:

  • Use this Website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message. The foregoing is not intended to prohibit anonymous postings, rather if you use a name other than your true identity, it should be clear that it is an anonymous posting rather than a effort to appear as a posting under another real person or firm's name.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to any person or entity any directory of other registered users or other user or usage information or any portion thereof other than in the context of your use of this Website.
  • Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
  • Attempt to gain unauthorized access to this Website or any server or directory for which you do not have valid authorization.
  • Interfere with another party's use and enjoyment of this Website or another individual's or entity's use and enjoyment of similar services.

Copyright & Notices of Claimed Copyright Infringement - Smyth.Biz

Copyright & Notices of Claimed Copyright Infringement - www.Smyth.Biz


We desire to respect the copyright and intellectual property rights of third parties and we ask that users and submitters of material or postings to our site do likewise. Out Terms of Use require than all site users own or have the legal right to post for any information they submit, and we hope that they will follow their agreement in that regard. We will remove content and postings that we believe may infringe the copyright or other intellectual property rights of others. In addition, we may cooperate with the owners if copyright and intellectual property in the identification of those parties who infringe the copyright or other intellectual property rights of others.

If you believe that your copyright in any material has been infringed on www.Smyth.Biz, please notify our agent for Notice of Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2):

Robert Webb
Squire Sanders & Dempsey
8000 Towers Crescent Drive, Suite 1400
Tysons Corner, VA 22182

You must provide our agent with the following information:

• Identification (please include the specific and complete URL) of the copyrighted work that you claim has been infringed;
• Identification of the material on our site that you claim is infringing, with enough detail so that we may locate it on the site;
• Your name, address, telephone number, fax number and e-mail address; if you are not the owner and copyright holder, please explain your relationship to the owner and provide the forgoing information for the party you believe to be the true owner and/or copyright holder.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• Your physical or electronic signature.
 

Privacy Policies - Smyth.Biz

Privacy Policies - www.Smyth.Biz

The following summarizes how we will handle information we learn about you from your visit to our website. The information we learn depends upon what you do when visiting our site. Our Home Page and the Terms of Use linked thereon provide that by accessing, retrieving files from or sending files, form submissions or E-mail to and using our site you agree to be bound by those Terms of Use as a legal agreement.

We outsource virtually all our operations, support and functions to various third parties. Although we seek to disclose the policies and contractual and legal obligations of these providers, we disclaim any and all liability for failure to accurately disclose practices of those third parties (or of their
employees or contractors) which may vary from the policies and procedures described herein. Under our Terms of Use, you waive any liability on the part of the owner of this website for actions or omissions of third parties providing software, hardware or other support or services to us. Nonetheless, if you become aware of actions of such parties which you believe are not consistent with the Privacy Policy set forth herein, please notify us and we will endeavor to correct the situation.

    Via software provided by our web host provider and via Google Analytics we collect certain information automatically when you visit any of our site web pages. This includes the placement of "cookies" upon your computer so that we may track your visits to and activity upon our site based upon your originating IP address. Generally, your originating IP address does not disclose your personal identity, but merely identifies you as a user from your internet service provider or, for visitors accessing thru a business account, the internet domain of your business. Although we do not seek to solicit or otherwise obtain further identifying information, it is possible that this information, coupled with access to the IP address logs of your internet service provider could permit the future individual identification of you as a user. Other information will only be collected if you voluntarily submit that information by entry or registration and submittal or by accepting a "cookie" designed to gather and track certain information. Information collected may be aggregated and used for our purposes, however, unless expressly otherwise noted on part of our site at this time it is our policy that individual user information is not resold or otherwise made available to any unaffiliated third parties (other than consultants working for us on the development of this site) for commercial or other purposes without your express consent and acknowledgment of that possible use. We will, however, make information, available to law enforcement personal or whenever required by order or subpoena issued by a court or other regulatory or governmental body. Although we (1) disclaim any obligation to contest the validity of any such request order or subpoena, and (2) assume no liability for failure or inability to do so or to notify you, we will use reasonable efforts to notify you by E-mail (assuming we have your E-mail address), and if you wish to contest such request order or subpoena on bona fide grounds through valid use of judicial process through legal counsel acceptable to us, we will generally cooperate in such efforts.


If you visit our site to read or download information, we utilize software programs provided by our web server hosting services provider to collect and store the following information about you: the name of the domain from which you access the Internet (for example, aol.com, if you are connecting from an America Online account, or gmu.edu if you are connecting from George Mason University's domain); the date and time you access our site; pages within our site which you access, and, if applicable, the Internet address of the website from which you linked directly to our site. In addition, for repeat users of certain features on our site, the program offers you the option of having a "cookie" placed upon your own computer so that our computers will recognize you on repeat visits without need for re-entry of a password. If you share your computer with others, you may wish to consider whether or not you desire to use this feature as it could permit those other users to make posting under your name.  We use the information we collect to measure the number of visitors to the different sections of our site, to gauge the level of interest among visitors in various topics, and to help us make our site more useful to visitors.

You may personally identify yourself by registering, sending an E-mail or by registering for and participating in one of our features. You may provide other personal information by completing an online form and submitting that form to us.  We permit registration from any valid email address, and you may chose to use an anonymous email address or hide your name. Users are cautioned to be careful not to pose queries or responses which could disclose confidential information about and company or business, particularly insider information regarding publicly traded concerns.

To the extent you provide identifying information by posting to or participating in our forum bulletin boards, visible information posted by you will be generally available to other visitors to our site. As a registered user, you are given certain options about information that you chose to make publicly
available. Our site Terms of Use provide that by using our site you (and others) agree not to exploit or utilize information or E-mail addresses posted by others for commercial use. If you become aware of a violation of this term by any third party, please advise us.

Unfortunately, some users may not honor this policy, and it is possible that providing an E-mail address may result in "spammers" obtaining and using your E-mail address.

Our policies and terms of use are subject to change from time to time and you should check this page periodically for revisions.
 

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