IMPORTANT: AOL Software Update 4517.12.4 fixes security vulnerabilities and technical issues of the AOL software that you use. Please install this FREE update as soon as you are notified of it.
The AOL Software Update mechanism eliminates the need to manually download software updates (patches). Whenever there is a need to update the AOL software, the patch is downloaded in the background, thereby minimizing the impact of the download on your online experience. Once the download is complete, you will be prompted to install the software update.
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Now AOL is getting in the habit it looks like. It's been a while now since Adobe has updated anything, or, have they been doing it behind my back. Like my time isn't interrupted enough. How 'bout yours?
I just previewed this post and this blogger is putting a time stamp of 4:46 AM but, it's 7:46 AM here in Florida, EST. I should not expect perfection I guess. It's just not the norm anymore.
Saturday, August 14, 2010
Sunday, August 8, 2010
What is a Waterpik?
A Waterpik is a wonderful little gadget that saved me my teeth and gums. I can't say enough about the product. I recommend the $29.95 unit if you can still find it for that price at Wal-Mart. They sell a few different models for more money but it just depends on you and what you want. Amazon.com search will yield the Waterpik Ultra Water Flosser for $42.77. I don't know what Ultra is but Flosser is a funny name for it.
Let's get down to it. You may not know that you have gum disease. If you are chewing gum to get rid of the bad breath then I can guess you have gum disease. It is caused by food particles getting trapped below the gum line between the teeth and gums. Regular brushing and flossing cannot get to these particles sometimes and they sit there trapped and the germs then go to work. Before long you have noticable bad breath but nobody dares tell you about it. I'm telling you about because you need help.
Dentists aren't going to tell you about this wonderful product except to try and sell you their own expensive brand. Oral-B comes to mind. They are usually around a $100 and sometimes more. Don't fall for it unless you have money to burn.
I had gum disease and the dentist scared me into looking to doing something about it. He told me that if something wasn't done soon that he'd be referring me to an orthodontist for gum surgery. I was that close and I hear that gum surgery isn't fun and there's a lot of pain when they take the skin off the roof of your mouth to repair your gums. He instructed me to use a toothpick each night and use it to massage and probe around between my teeth and gums. This took me about 15 to 20 minutes a night but I did it for the two weeks that I was instructed to do. When the dentist re-examined me he found that the pockets had healed some and that I was on to the road to recovery. Pockets are mearsured in milimeters. 2 to 3 is not bad but 5 milimeters is trouble. Gum disease can lead to loss of bone if left untreated. Beware!
Back to my story...That was a relief but I knew there was more I had to do. He offered me his brand of oral irrigator as they are called but I didn't want to spend that much money. I decided to go shopping at Wal-Mart and I found many different brands and prices of these products. I had seen these before on the shelf but had no idea what they were for. I knew then it was time to buy one of these.
I've been through two Water Piks in the last couple of decades now. I got my wife to use it also. Her dentist had her coming to see him every three months for treatments that were not fixing the problem but only padding his wallet. The dentist now gives her a good report and she is relieved. She uses the Waterpik sometimes twice a week to my one. She loves the way it makes her gums feel.
That's another thing. I recommend and you'll find that once a week is sufficient. Be late and you'll soon notice the icky feeling your gums will start to feel again. A once a week five minute use of this little miracle device is well worth your time and investment.
What to do. Buy a Water Pik. Buy a bottle of hydrogen peroxide and a bottle of mouth wash. Fill the Water Pik container with a nice warm cup of water. Add a capful of peroxide and a capful of mouth wash. Then, fill the container to the top with warm water. You might want to use some ear plugs also as it can be loud. You are ready to begin.
Set the pressure setting on the pik to maybe the 2nd setting to start. Hang your head over the sink and insert the jet tip into your mouth and close your lips around it. Turn on the switch and then start either on the top or the bottom row of teeth and the back of one side. Work your way around each tooth letting the water jet pulse in and around the teeth and gums. Linger a few seconds per each tooth, moving back and forth and in front and all around the gums. You may want to start with the first setting to see how this feels before you move up to the 2nd. I have stayed on the second setting forever. It just feels fine to me and when I tried moving up to the harder level it just hurt my gums for days. You don't want to cause damage to your gums. Experiment to see what is best for you. How my wife can use the hardest setting, five, is beyond me.
It may take you a few weeks to be able to time how long to stay on each tooth so you have enough water mixture that you end up at the last tooth and use the last bit of water at that point. No worry though, if you run out of water mixture just add more. It won't hurt to use more time and water mix on your gums. I'm to the point where I have a little mix left so that I'm able to massage my upper and lower gums back and forth a few times to end the session. Keep an eye on the container with the mix. Try to use half the container on either the upper or the lower and then time to rest for the other. You will notice by feel what is doing best for your gums as you work the pik along your gumline. Some areas feel they don't need much work, others you might want to linger a little bit longer, especially the areas with deep pockets. Try to aim for having a little mix left to massage the upper and lower gums, it really feels great after your done.
Keep a log somewhere to be able to remind yourself each week on that one day and time that works out best for you to do this little procedure. I keep one of those pocket monthly planners on my side table by the bed. Once you get in the habit you will feel so much better about yourself and your friends will notice too. Maybe you will get up the courage to tell them of your find. I've helped several family members already.
I almost forgot to tell you that the first time you do this you probably will notice some blood in the sink while you're doing this. That's because your gums are in the stage of disease where you are disturbing the bacteria in the pockets of the gums. It's okay. After a couple uses you will no longer see any blood, and you will be on the road to healing with heathly gums once again.
Do it for your health, do it for your friends, but do it. You've probably read where they are finding that so many things are caused from gum disease. Google it and see. Okay, what are you waiting for. I have been buying a lot from Amazon lately. It's convienant and the shipping is fast too, sometimes free. Write back and comment your experience for others too so they might be helped.
Let's get down to it. You may not know that you have gum disease. If you are chewing gum to get rid of the bad breath then I can guess you have gum disease. It is caused by food particles getting trapped below the gum line between the teeth and gums. Regular brushing and flossing cannot get to these particles sometimes and they sit there trapped and the germs then go to work. Before long you have noticable bad breath but nobody dares tell you about it. I'm telling you about because you need help.
Dentists aren't going to tell you about this wonderful product except to try and sell you their own expensive brand. Oral-B comes to mind. They are usually around a $100 and sometimes more. Don't fall for it unless you have money to burn.
I had gum disease and the dentist scared me into looking to doing something about it. He told me that if something wasn't done soon that he'd be referring me to an orthodontist for gum surgery. I was that close and I hear that gum surgery isn't fun and there's a lot of pain when they take the skin off the roof of your mouth to repair your gums. He instructed me to use a toothpick each night and use it to massage and probe around between my teeth and gums. This took me about 15 to 20 minutes a night but I did it for the two weeks that I was instructed to do. When the dentist re-examined me he found that the pockets had healed some and that I was on to the road to recovery. Pockets are mearsured in milimeters. 2 to 3 is not bad but 5 milimeters is trouble. Gum disease can lead to loss of bone if left untreated. Beware!
Back to my story...That was a relief but I knew there was more I had to do. He offered me his brand of oral irrigator as they are called but I didn't want to spend that much money. I decided to go shopping at Wal-Mart and I found many different brands and prices of these products. I had seen these before on the shelf but had no idea what they were for. I knew then it was time to buy one of these.
I've been through two Water Piks in the last couple of decades now. I got my wife to use it also. Her dentist had her coming to see him every three months for treatments that were not fixing the problem but only padding his wallet. The dentist now gives her a good report and she is relieved. She uses the Waterpik sometimes twice a week to my one. She loves the way it makes her gums feel.
That's another thing. I recommend and you'll find that once a week is sufficient. Be late and you'll soon notice the icky feeling your gums will start to feel again. A once a week five minute use of this little miracle device is well worth your time and investment.
What to do. Buy a Water Pik. Buy a bottle of hydrogen peroxide and a bottle of mouth wash. Fill the Water Pik container with a nice warm cup of water. Add a capful of peroxide and a capful of mouth wash. Then, fill the container to the top with warm water. You might want to use some ear plugs also as it can be loud. You are ready to begin.
Set the pressure setting on the pik to maybe the 2nd setting to start. Hang your head over the sink and insert the jet tip into your mouth and close your lips around it. Turn on the switch and then start either on the top or the bottom row of teeth and the back of one side. Work your way around each tooth letting the water jet pulse in and around the teeth and gums. Linger a few seconds per each tooth, moving back and forth and in front and all around the gums. You may want to start with the first setting to see how this feels before you move up to the 2nd. I have stayed on the second setting forever. It just feels fine to me and when I tried moving up to the harder level it just hurt my gums for days. You don't want to cause damage to your gums. Experiment to see what is best for you. How my wife can use the hardest setting, five, is beyond me.
It may take you a few weeks to be able to time how long to stay on each tooth so you have enough water mixture that you end up at the last tooth and use the last bit of water at that point. No worry though, if you run out of water mixture just add more. It won't hurt to use more time and water mix on your gums. I'm to the point where I have a little mix left so that I'm able to massage my upper and lower gums back and forth a few times to end the session. Keep an eye on the container with the mix. Try to use half the container on either the upper or the lower and then time to rest for the other. You will notice by feel what is doing best for your gums as you work the pik along your gumline. Some areas feel they don't need much work, others you might want to linger a little bit longer, especially the areas with deep pockets. Try to aim for having a little mix left to massage the upper and lower gums, it really feels great after your done.
Keep a log somewhere to be able to remind yourself each week on that one day and time that works out best for you to do this little procedure. I keep one of those pocket monthly planners on my side table by the bed. Once you get in the habit you will feel so much better about yourself and your friends will notice too. Maybe you will get up the courage to tell them of your find. I've helped several family members already.
I almost forgot to tell you that the first time you do this you probably will notice some blood in the sink while you're doing this. That's because your gums are in the stage of disease where you are disturbing the bacteria in the pockets of the gums. It's okay. After a couple uses you will no longer see any blood, and you will be on the road to healing with heathly gums once again.
Do it for your health, do it for your friends, but do it. You've probably read where they are finding that so many things are caused from gum disease. Google it and see. Okay, what are you waiting for. I have been buying a lot from Amazon lately. It's convienant and the shipping is fast too, sometimes free. Write back and comment your experience for others too so they might be helped.
Thursday, July 8, 2010
Classmates.com, Class Action Suit. ahhh
Edit 8/8/2010
I'm posting here that I finally took the time today to read over all of this. This is certainly a travesty and a joke at the same time in my opinion. I'm offered either a cash settlement of $3.00 or a $2.00 credit toward a 'Gold Membership' with Classmates.com. Do they really think that I'll want to re-join? I'm afraid not. The ont thing that pisses me off the most about this company is since I had let my membership expire long ago, they do not provide a way for you to erase or delete your account and information. So, if you go looking for me on their site you'll still see me in there with some information provided to a non-member. Now, if you were to join you would be able to read my full profile that was left. I'm still not happy about this but there seems nothing I can do about it except make it known here to you all.
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Original Post 7/8/2010
I remember these guys. Hah. What a joke they were in the beginning. I have no idea how they have progressed or if they've given anyone a break on the annual fees. I thought they were way too expensive back when I first joined. They didn't offer much either. Check this suit information out. I'm putting this here for historical purposes as I don't have any paperwork on when I was a member. I know it was about a decade ago so maybe I don't even qualify. If I did, how much could I expect to even get after the lawyers take their cut. I'm just curious to see how much they have to give up in the end. Don't you get one of these every so often too?
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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON
In re Classmates.com Consolidated Litigation, Case No. 09-cv-0045-RAJ
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
TO: ALL MEMBERS OF THE SETTLEMENT CLASS, AS DEFINED IN THIS NOTICE
A SETTLEMENT HAS BEEN PROPOSED THAT WILL AFFECT YOUR RIGHTS IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS OR SETTLEMENT SUBCLASS DESCRIBED BELOW. PURSUANT TO THIS SETTLEMENT, IN ADDITION TO THE INJUNCTIVE RELIEF BEING OFFERED, YOU MAY BE ENTITLED TO SUBMIT A CLAIM FORM TO RECEIVE BENEFITS UNDER THE SETTLEMENT.
PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY.
1. WHY DID I GET THIS SETTLEMENT NOTICE?
The purpose of this Notice is to inform you that a proposed settlement (the "Settlement") has been reached in the consolidated class action lawsuit entitled In re Classmates.com Consolidated Litigation, United States District Court for the Western District of Washington, Case No. 09-cv-0045-RAJ (the "Litigation"). This Notice explains the Litigation, the Settlement, your legal rights, the injunctive relief being offered through the Settlement, what additional benefits are available, who is eligible for them, and how to get benefits if you are eligible.
2. WHAT IS THIS LAWSUIT ABOUT?
In this Litigation, Plaintiffs assert class action claims against Classmates Online, Inc., Classmates Media Corporation, and United Online, Inc. ("Defendants"). Complaints filed in the action allege, among other things, that Defendants sent email messages to subscribers of w ww.classmates.com that were in violation of the law and engaged in conduct that had the potential to violate w ww.classmates.com users’ privacy rights. Defendants have denied and continue to deny Plaintiffs’ allegations and maintain that Defendants have not engaged in any wrongful conduct. Defendants also contend that the Litigation is not suitable for class action treatment. Defendants have nevertheless concluded that it is in their best interests that this Litigation be resolved subject to and on the terms and conditions set forth in the Settlement Agreement.
This Settlement is the result of arm’s-length negotiations between Plaintiffs in the Litigation, individually and on behalf of the Settlement Class and Settlement Subclass, and Defendants. Both sides agree that, in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances. Plaintiffs further believe that this Settlement is in the best interests of the Settlement Class and Settlement Subclass. Please be advised that the United States District Court for the Western District of Washington has not ruled on the merits of Plaintiffs’ claims or Defendants’ defenses and, therefore, you should not make any assumptions about the strengths or weaknesses of the claims or defenses in the Litigation.
3. WHO IS COVERED BY THE SETTLEMENT?
For settlement purposes, the parties have stipulated to the certification of a Settlement Class and a Settlement Subclass, as defined below.
"Settlement Class"
All Persons, excluding Settlement Subclass members, residing in the United States who were registered with or subscribed to w ww.classmates.com at any time between October 30, 2004 and April 19, 2010.
"Settlement Subclass"
All Persons residing in the United States who registered with or subscribed to w ww.classmates.com between January 1, 2007 and April 19, 2010, and who paid for a Gold Membership subscription to w ww.classmates.com (and did not previously receive a refund of such payment) as a result of:
Upgrading to a Gold Membership through the process on Classmates.com of seeking to see who visited their Guestbook; or
Upgrading to a Gold Membership after clicking on a link to Classmates.com in a Guestbook email, or Connections email that included a Guestbook subject line, and upgrading to a Gold Membership within the same session activated by clicking on that link or within the same day of clicking on that link; or
Upgrading to a Gold Membership within the same day of receiving a Guestbook email or Connections email that included a Guestbook subject line.
You are receiving this Notice because you have been identified from Defendants’ records as a potential Settlement Class member. According to Defendants’ records, you do not appear to be a Settlement Subclass member. There is no overlap between the membership of the Settlement Class and the Settlement Subclass. If you have any questions regarding your claim, please contact the Settlement Administrator at the address listed in Section 5 below.
4. AS A SETTLEMENT CLASS MEMBER, WHAT AM I ENTITLED TO?
In addition to injunctive relief, as a Settlement Class member, if you do not exclude yourself from the Settlement and if you timely submit a Valid Claim Form, you are entitled to receive a credit of $2.00 off of the purchase or renewal of a w ww.classmates.com Gold Membership. Under the Settlement Agreement, Settlement Subclass members are entitled to receive either a cash payment of $3.00 or a credit of $2.00 off of the purchase or renewal of a w ww.classmates.com Gold Membership.
In addition to its cash and credit components, the Settlement also provides, on a non-opt out basis, for Defendants to provide injunctive relief to all Settlement Class and Settlement Subclass members. A description of the injunctive relief that Defendants are providing is set forth at the following website: www.cmemailsettlement.com.
5. HOW CAN I GET THE CREDIT THAT I AM ENTITLED TO?
To receive a credit of $2.00 off of the purchase or renewal of a w ww.classmates.com Gold Membership as a Settlement Class member, you must fit the description of a Settlement Class member and timely send a Valid Claim Form to the Settlement Administrator. To download a copy of the Settlement Class Claim Form, click this link, or go to https://cert.gardencitygroup.com/clm/fs/claim and input the following Claim number and Control number:
Claim # 1074523
Control # 1360860564
Please read the Settlement Class Claim Form’s instructions carefully, fill it out in its entirety, sign it under penalty of perjury, and either electronically submit your Settlement Class Claim Form not later than August 17, 2010 11:59:59 p.m. PDT or mail your Settlement Class Claim Form via First Class U.S. Mail, postmarked not later than August 17, 2010 to:
In re Classmates.com Consolidated Litigation
c/o The Garden City Group, Inc.
P.O. Box 9481
Dublin, OH 43017-4581
claimforms@cmemailsettlement.com
If you misplace the Settlement Class Claim Form or you are not able to access it through the above link, please contact the Settlement Administrator at the address shown above immediately to obtain a copy of the Settlement Class Claim Form.
If you timely submit a Settlement Class Claim Form, are a valid member of the Settlement Class, and the form is deemed to be a Valid Claim Form, you will receive an email from the Settlement Administrator after the Settlement is finally approved by the Court and any appeals have been exhausted. That email will contain a code, which will expire if not redeemed within forty-five (45) calendar days of its receipt, and instructions for utilizing the $2.00 credit. If you are a current Gold member whose membership is not set to expire within the next forty-five (45) days, you can still take advantage of the $2.00 credit by redeeming it within the forty-five (45) day window. Redeeming the credit will cause an additional membership period to be added to the end of your current membership term.
6. WHEN WOULD I BE ABLE TO USE THE CREDIT?
The Court will hold a hearing on October 27, 2010, at 10:00 a.m. PDT at the United States District Court, Western District of Washington, before the Honorable Richard A. Jones, Courtroom 13128, 700 Stewart Street, Seattle, Washington 98101, to decide whether to order final approval of the Settlement and entry of judgment dismissing the litigation. If the Court approves the Settlement, and you have followed the Claim Form procedures outlined in Section 5, and after any appeals have been exhausted, you will receive the email referenced above from the Settlement Administrator.
7. WHAT AM I GIVING UP TO RECEIVE THE CREDIT OR STAY IN THE CLASS?
Unless you exclude yourself, you will remain a member of the Settlement Class. Being a member of the Settlement Class means that you cannot sue, continue to sue, or be part of any other lawsuit against Defendants about the legal issues in this case. It also means that all of the Court’s orders in this case will apply to you and legally bind you.
8. HOW DO I OPT OUT OF THE SETTLEMENT?
If you do not want to receive a credit from this Settlement and want to maintain the right to pursue your own claim against Defendants, then you must take steps to opt out. This is called "excluding yourself" from, or is sometimes referred to as "opting out" of, the Settlement Class.
To exclude yourself from the Settlement Class, you must submit a written Request for Exclusion. Such request must include your full legal name, mailing address, email address, your signature (or in the case of a person who is deceased or incapacitated, the signature of that person’s legally authorized representative), and substantially the following statement, "I want to opt out of the class certified in the In re Classmates.com Consolidated Litigation." You must either electronically submit your exclusion request not later than August 17, 2010 11:59:59 p.m. PDT or mail your exclusion request via First Class U.S. Mail, postmarked not later than August 17, 2010, to:
In re Classmates.com Consolidated Litigation
c/o The Garden City Group, Inc.
P.O. Box 9481
Dublin, OH 43017-4581
http://www.cmemailsettlement.com/exclusion.php
Failure to comply with any of these requirements may invalidate your attempt to exclude yourself. If you ask to be excluded, you will not be entitled to a $2.00 credit, and you cannot object to that aspect of the Settlement.
The injunctive relief being offered by the Settlement will be provided to all Settlement Class and Settlement Subclass members, whether or not they choose to exclude themselves.
9. IF I DON’T EXCLUDE MYSELF, CAN I SUE DEFENDANTS FOR THE SAME THING LATER?
No. You must exclude yourself from the lawsuit in order to maintain the right to sue Defendants for the claims released through this Settlement. If you have a pending lawsuit against Defendants, speak to your lawyer in that case immediately.
10. IF I EXCLUDE MYSELF, CAN I GET PAYMENT OR CREDIT FROM THIS SETTLEMENT?
No. If you exclude yourself from this Settlement, you are also excluding yourself from obtaining the credit offered by the Settlement, and any Claim Form you submit will not be valid.
11. DO I HAVE A LAWYER IN THIS CASE?
The Court has authorized the following lawyers to represent you and other Settlement Class and Settlement Subclass members:
KELLER ROHRBACK L.L.P
Mark A. Griffin
Amy Williams-Derry
1201 Third Avenue, Suite 3200
Seattle, Washington 98101
KABATECK BROWN KELLNER L.L.P.
Richard L. Kellner
644 South Figueroa Street
Los Angeles, California 90017
These lawyers are called "Class Counsel." You will not be charged for these lawyers’ fees. If you want to be represented by your own lawyer, you may hire one at your own expense.
12. HOW WILL CLASS COUNSEL BE PAID?
Class Counsel will ask the Court for attorneys’ fees and costs to be paid in conjunction with this Settlement. Defendants have agreed not to oppose Class Counsel’s request to the Court for attorneys’ fees up to $1.3 million, plus costs. Costs may include participation awards of up to $2,500 for each of the two Lead Plaintiffs. Fees and costs that are awarded by the Court will be paid by Defendants separately and will not affect your entitlement to benefits under this Settlement. You will not be obligated to pay any attorneys’ fees or costs as a Settlement Class member, nor will any award of attorneys’ fees, costs, or participation awards by the Court reduce the amount of Settlement benefit available to Settlement Class or Settlement Subclass members.
13. CAN I TELL THE COURT THAT I DON’T LIKE THE SETTLEMENT?
If you are a Settlement Class member, and you do not request exclusion from the Settlement Class, you may object to the Settlement if you like. The Court will consider your views. To object, you must file with the Court a written notice of intent to object. The written notice of intent to object must contain a caption that includes In re Classmates.com Consolidated Litigation, Case No. 09-cv-0045-RAJ. The written notice of intent to object must also include your name, address, telephone number, your signature, and must state whether you intend to appear at the Final Approval Hearing. If you are represented by counsel, your written notice of intent to object must also include the name, address, bar number and telephone number of your counsel, and state whether your counsel intends to appear at the Final Approval Hearing. If you are represented by counsel and your counsel intends to speak at the Final Approval Hearing, the written notice of intent to object must also contain: (a) a detailed statement of the specific legal and factual basis for each and every objection; and (b) a detailed description of any and all evidence you may offer at the Final Approval Hearing, including copies of any and all exhibits that you may introduce.
You must file your written notice of intent to object with the Clerk of the Court not later than August 17, 2010. You must also mail the objection to Class Counsel and to Defense Counsel by First Class U.S. Mail, so that it is received not later than August 17, 2010. The addresses for the Court, Class Counsel, and Defense Counsel are below.
THE COURT
The Honorable Richard A. Jones
U.S. Courthouse
700 Stewart Street, Suite 13128
Seattle, WA 98101 CLASS COUNSEL
KELLER ROHRBACK L.L.P.
Mark. A. Griffin
Amy Williams-Derry
1201 Third Avenue, Suite 3200
Seattle, WA 98101
KABATECK BROWN KELLNER L.L.P.
Richard L. Kellner
644 South Figueroa Street
Los Angeles, CA 90017 DEFENSE COUNSEL
DLA PIPER LLP (US)
Stellman Keehnel
Russ Wuehler
701 Fifth Avenue, Suite 7000
Seattle, WA 98104
14. WHAT’S THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING MYSELF?
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class or Settlement Subclass. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class or Settlement Subclass. If you exclude yourself, you have no basis to object to the cash or credit being offered by the Settlement, because that portion of the relief will no longer affect you.
15. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?
The Court will hold a hearing to decide whether to approve the Settlement and Class Counsel’s request for an award of attorneys’ fees and costs. You may attend, and you may ask to speak, but there is no requirement that you do so.
The Court will hold a Final Approval Hearing on October 27, 2010, at 10:00 a.m. PDT at the United States District Court, Western District of Washington, before the Honorable Richard A. Jones, Courtroom 13128, 700 Stewart Street, Seattle, Washington 98101.
At that hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate to the Settlement Class and Settlement Subclass, as well as Class Counsel’s request for an award of attorneys’ fees and costs. The Court will consider any objections made according to the procedures described above. You cannot speak at the hearing if you exclude yourself from the Settlement. After the hearing, the Court will decide whether to approve the Settlement and how much to award Class Counsel in attorneys’ fees and expenses. It is not known how long those decisions will take.
16. DO I HAVE TO ATTEND THE HEARING?
No. Class Counsel will answer questions that the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you don’t have to come to the Final Approval Hearing to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
17. WHAT HAPPENS IF I DO NOTHING AT ALL?
If you do nothing, you will not get a credit benefit from this Settlement. Furthermore, unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants involving the claims released through this Lawsuit.
18. ARE THERE MORE DETAILS ABOUT THE SETTLEMENT?
Yes. This Notice is only intended to summarize the Settlement. If you would like more information concerning the Litigation or this Settlement, you should inspect the complete settlement documents, papers and pleadings filed in the Litigation. You may also learn more about this Settlement by contacting the Settlement Administrator at the address set forth in Section 5 above. Additionally, information about this Settlement is available at the following website: www.cmemailsettlement.com.
PLEASE DO NOT CALL THE COURT, THE CLERK, CLASSMATES ONLINE, INC.,
CLASSMATES MEDIA CORPORATION, OR UNITED ONLINE, INC.
Please do not reply to this message. We are unable to respond to inquiries sent in reply to this email. For more information, please visit the official Settlement Website at www.cmemailsettlement.com.
--------------------------------------------------------------------------------
The United States District Court for the Western District of Washington has ordered this email notice be sent. If you wish to UNSUBSCRIBE from future email messages please reply to: Unsubscribe@cmemailsettlement.com from the email address to which this notice was sent.
I'm posting here that I finally took the time today to read over all of this. This is certainly a travesty and a joke at the same time in my opinion. I'm offered either a cash settlement of $3.00 or a $2.00 credit toward a 'Gold Membership' with Classmates.com. Do they really think that I'll want to re-join? I'm afraid not. The ont thing that pisses me off the most about this company is since I had let my membership expire long ago, they do not provide a way for you to erase or delete your account and information. So, if you go looking for me on their site you'll still see me in there with some information provided to a non-member. Now, if you were to join you would be able to read my full profile that was left. I'm still not happy about this but there seems nothing I can do about it except make it known here to you all.
----------------------------------------------------------------------------------------------------------
Original Post 7/8/2010
I remember these guys. Hah. What a joke they were in the beginning. I have no idea how they have progressed or if they've given anyone a break on the annual fees. I thought they were way too expensive back when I first joined. They didn't offer much either. Check this suit information out. I'm putting this here for historical purposes as I don't have any paperwork on when I was a member. I know it was about a decade ago so maybe I don't even qualify. If I did, how much could I expect to even get after the lawyers take their cut. I'm just curious to see how much they have to give up in the end. Don't you get one of these every so often too?
----------------------------------------------------------------------------------------------------
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON
In re Classmates.com Consolidated Litigation, Case No. 09-cv-0045-RAJ
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
TO: ALL MEMBERS OF THE SETTLEMENT CLASS, AS DEFINED IN THIS NOTICE
A SETTLEMENT HAS BEEN PROPOSED THAT WILL AFFECT YOUR RIGHTS IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS OR SETTLEMENT SUBCLASS DESCRIBED BELOW. PURSUANT TO THIS SETTLEMENT, IN ADDITION TO THE INJUNCTIVE RELIEF BEING OFFERED, YOU MAY BE ENTITLED TO SUBMIT A CLAIM FORM TO RECEIVE BENEFITS UNDER THE SETTLEMENT.
PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY.
1. WHY DID I GET THIS SETTLEMENT NOTICE?
The purpose of this Notice is to inform you that a proposed settlement (the "Settlement") has been reached in the consolidated class action lawsuit entitled In re Classmates.com Consolidated Litigation, United States District Court for the Western District of Washington, Case No. 09-cv-0045-RAJ (the "Litigation"). This Notice explains the Litigation, the Settlement, your legal rights, the injunctive relief being offered through the Settlement, what additional benefits are available, who is eligible for them, and how to get benefits if you are eligible.
2. WHAT IS THIS LAWSUIT ABOUT?
In this Litigation, Plaintiffs assert class action claims against Classmates Online, Inc., Classmates Media Corporation, and United Online, Inc. ("Defendants"). Complaints filed in the action allege, among other things, that Defendants sent email messages to subscribers of w ww.classmates.com that were in violation of the law and engaged in conduct that had the potential to violate w ww.classmates.com users’ privacy rights. Defendants have denied and continue to deny Plaintiffs’ allegations and maintain that Defendants have not engaged in any wrongful conduct. Defendants also contend that the Litigation is not suitable for class action treatment. Defendants have nevertheless concluded that it is in their best interests that this Litigation be resolved subject to and on the terms and conditions set forth in the Settlement Agreement.
This Settlement is the result of arm’s-length negotiations between Plaintiffs in the Litigation, individually and on behalf of the Settlement Class and Settlement Subclass, and Defendants. Both sides agree that, in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances. Plaintiffs further believe that this Settlement is in the best interests of the Settlement Class and Settlement Subclass. Please be advised that the United States District Court for the Western District of Washington has not ruled on the merits of Plaintiffs’ claims or Defendants’ defenses and, therefore, you should not make any assumptions about the strengths or weaknesses of the claims or defenses in the Litigation.
3. WHO IS COVERED BY THE SETTLEMENT?
For settlement purposes, the parties have stipulated to the certification of a Settlement Class and a Settlement Subclass, as defined below.
"Settlement Class"
All Persons, excluding Settlement Subclass members, residing in the United States who were registered with or subscribed to w ww.classmates.com at any time between October 30, 2004 and April 19, 2010.
"Settlement Subclass"
All Persons residing in the United States who registered with or subscribed to w ww.classmates.com between January 1, 2007 and April 19, 2010, and who paid for a Gold Membership subscription to w ww.classmates.com (and did not previously receive a refund of such payment) as a result of:
Upgrading to a Gold Membership through the process on Classmates.com of seeking to see who visited their Guestbook; or
Upgrading to a Gold Membership after clicking on a link to Classmates.com in a Guestbook email, or Connections email that included a Guestbook subject line, and upgrading to a Gold Membership within the same session activated by clicking on that link or within the same day of clicking on that link; or
Upgrading to a Gold Membership within the same day of receiving a Guestbook email or Connections email that included a Guestbook subject line.
You are receiving this Notice because you have been identified from Defendants’ records as a potential Settlement Class member. According to Defendants’ records, you do not appear to be a Settlement Subclass member. There is no overlap between the membership of the Settlement Class and the Settlement Subclass. If you have any questions regarding your claim, please contact the Settlement Administrator at the address listed in Section 5 below.
4. AS A SETTLEMENT CLASS MEMBER, WHAT AM I ENTITLED TO?
In addition to injunctive relief, as a Settlement Class member, if you do not exclude yourself from the Settlement and if you timely submit a Valid Claim Form, you are entitled to receive a credit of $2.00 off of the purchase or renewal of a w ww.classmates.com Gold Membership. Under the Settlement Agreement, Settlement Subclass members are entitled to receive either a cash payment of $3.00 or a credit of $2.00 off of the purchase or renewal of a w ww.classmates.com Gold Membership.
In addition to its cash and credit components, the Settlement also provides, on a non-opt out basis, for Defendants to provide injunctive relief to all Settlement Class and Settlement Subclass members. A description of the injunctive relief that Defendants are providing is set forth at the following website: www.cmemailsettlement.com.
5. HOW CAN I GET THE CREDIT THAT I AM ENTITLED TO?
To receive a credit of $2.00 off of the purchase or renewal of a w ww.classmates.com Gold Membership as a Settlement Class member, you must fit the description of a Settlement Class member and timely send a Valid Claim Form to the Settlement Administrator. To download a copy of the Settlement Class Claim Form, click this link, or go to https://cert.gardencitygroup.com/clm/fs/claim and input the following Claim number and Control number:
Claim # 1074523
Control # 1360860564
Please read the Settlement Class Claim Form’s instructions carefully, fill it out in its entirety, sign it under penalty of perjury, and either electronically submit your Settlement Class Claim Form not later than August 17, 2010 11:59:59 p.m. PDT or mail your Settlement Class Claim Form via First Class U.S. Mail, postmarked not later than August 17, 2010 to:
In re Classmates.com Consolidated Litigation
c/o The Garden City Group, Inc.
P.O. Box 9481
Dublin, OH 43017-4581
claimforms@cmemailsettlement.com
If you misplace the Settlement Class Claim Form or you are not able to access it through the above link, please contact the Settlement Administrator at the address shown above immediately to obtain a copy of the Settlement Class Claim Form.
If you timely submit a Settlement Class Claim Form, are a valid member of the Settlement Class, and the form is deemed to be a Valid Claim Form, you will receive an email from the Settlement Administrator after the Settlement is finally approved by the Court and any appeals have been exhausted. That email will contain a code, which will expire if not redeemed within forty-five (45) calendar days of its receipt, and instructions for utilizing the $2.00 credit. If you are a current Gold member whose membership is not set to expire within the next forty-five (45) days, you can still take advantage of the $2.00 credit by redeeming it within the forty-five (45) day window. Redeeming the credit will cause an additional membership period to be added to the end of your current membership term.
6. WHEN WOULD I BE ABLE TO USE THE CREDIT?
The Court will hold a hearing on October 27, 2010, at 10:00 a.m. PDT at the United States District Court, Western District of Washington, before the Honorable Richard A. Jones, Courtroom 13128, 700 Stewart Street, Seattle, Washington 98101, to decide whether to order final approval of the Settlement and entry of judgment dismissing the litigation. If the Court approves the Settlement, and you have followed the Claim Form procedures outlined in Section 5, and after any appeals have been exhausted, you will receive the email referenced above from the Settlement Administrator.
7. WHAT AM I GIVING UP TO RECEIVE THE CREDIT OR STAY IN THE CLASS?
Unless you exclude yourself, you will remain a member of the Settlement Class. Being a member of the Settlement Class means that you cannot sue, continue to sue, or be part of any other lawsuit against Defendants about the legal issues in this case. It also means that all of the Court’s orders in this case will apply to you and legally bind you.
8. HOW DO I OPT OUT OF THE SETTLEMENT?
If you do not want to receive a credit from this Settlement and want to maintain the right to pursue your own claim against Defendants, then you must take steps to opt out. This is called "excluding yourself" from, or is sometimes referred to as "opting out" of, the Settlement Class.
To exclude yourself from the Settlement Class, you must submit a written Request for Exclusion. Such request must include your full legal name, mailing address, email address, your signature (or in the case of a person who is deceased or incapacitated, the signature of that person’s legally authorized representative), and substantially the following statement, "I want to opt out of the class certified in the In re Classmates.com Consolidated Litigation." You must either electronically submit your exclusion request not later than August 17, 2010 11:59:59 p.m. PDT or mail your exclusion request via First Class U.S. Mail, postmarked not later than August 17, 2010, to:
In re Classmates.com Consolidated Litigation
c/o The Garden City Group, Inc.
P.O. Box 9481
Dublin, OH 43017-4581
http://www.cmemailsettlement.com/exclusion.php
Failure to comply with any of these requirements may invalidate your attempt to exclude yourself. If you ask to be excluded, you will not be entitled to a $2.00 credit, and you cannot object to that aspect of the Settlement.
The injunctive relief being offered by the Settlement will be provided to all Settlement Class and Settlement Subclass members, whether or not they choose to exclude themselves.
9. IF I DON’T EXCLUDE MYSELF, CAN I SUE DEFENDANTS FOR THE SAME THING LATER?
No. You must exclude yourself from the lawsuit in order to maintain the right to sue Defendants for the claims released through this Settlement. If you have a pending lawsuit against Defendants, speak to your lawyer in that case immediately.
10. IF I EXCLUDE MYSELF, CAN I GET PAYMENT OR CREDIT FROM THIS SETTLEMENT?
No. If you exclude yourself from this Settlement, you are also excluding yourself from obtaining the credit offered by the Settlement, and any Claim Form you submit will not be valid.
11. DO I HAVE A LAWYER IN THIS CASE?
The Court has authorized the following lawyers to represent you and other Settlement Class and Settlement Subclass members:
KELLER ROHRBACK L.L.P
Mark A. Griffin
Amy Williams-Derry
1201 Third Avenue, Suite 3200
Seattle, Washington 98101
KABATECK BROWN KELLNER L.L.P.
Richard L. Kellner
644 South Figueroa Street
Los Angeles, California 90017
These lawyers are called "Class Counsel." You will not be charged for these lawyers’ fees. If you want to be represented by your own lawyer, you may hire one at your own expense.
12. HOW WILL CLASS COUNSEL BE PAID?
Class Counsel will ask the Court for attorneys’ fees and costs to be paid in conjunction with this Settlement. Defendants have agreed not to oppose Class Counsel’s request to the Court for attorneys’ fees up to $1.3 million, plus costs. Costs may include participation awards of up to $2,500 for each of the two Lead Plaintiffs. Fees and costs that are awarded by the Court will be paid by Defendants separately and will not affect your entitlement to benefits under this Settlement. You will not be obligated to pay any attorneys’ fees or costs as a Settlement Class member, nor will any award of attorneys’ fees, costs, or participation awards by the Court reduce the amount of Settlement benefit available to Settlement Class or Settlement Subclass members.
13. CAN I TELL THE COURT THAT I DON’T LIKE THE SETTLEMENT?
If you are a Settlement Class member, and you do not request exclusion from the Settlement Class, you may object to the Settlement if you like. The Court will consider your views. To object, you must file with the Court a written notice of intent to object. The written notice of intent to object must contain a caption that includes In re Classmates.com Consolidated Litigation, Case No. 09-cv-0045-RAJ. The written notice of intent to object must also include your name, address, telephone number, your signature, and must state whether you intend to appear at the Final Approval Hearing. If you are represented by counsel, your written notice of intent to object must also include the name, address, bar number and telephone number of your counsel, and state whether your counsel intends to appear at the Final Approval Hearing. If you are represented by counsel and your counsel intends to speak at the Final Approval Hearing, the written notice of intent to object must also contain: (a) a detailed statement of the specific legal and factual basis for each and every objection; and (b) a detailed description of any and all evidence you may offer at the Final Approval Hearing, including copies of any and all exhibits that you may introduce.
You must file your written notice of intent to object with the Clerk of the Court not later than August 17, 2010. You must also mail the objection to Class Counsel and to Defense Counsel by First Class U.S. Mail, so that it is received not later than August 17, 2010. The addresses for the Court, Class Counsel, and Defense Counsel are below.
THE COURT
The Honorable Richard A. Jones
U.S. Courthouse
700 Stewart Street, Suite 13128
Seattle, WA 98101 CLASS COUNSEL
KELLER ROHRBACK L.L.P.
Mark. A. Griffin
Amy Williams-Derry
1201 Third Avenue, Suite 3200
Seattle, WA 98101
KABATECK BROWN KELLNER L.L.P.
Richard L. Kellner
644 South Figueroa Street
Los Angeles, CA 90017 DEFENSE COUNSEL
DLA PIPER LLP (US)
Stellman Keehnel
Russ Wuehler
701 Fifth Avenue, Suite 7000
Seattle, WA 98104
14. WHAT’S THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING MYSELF?
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class or Settlement Subclass. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class or Settlement Subclass. If you exclude yourself, you have no basis to object to the cash or credit being offered by the Settlement, because that portion of the relief will no longer affect you.
15. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?
The Court will hold a hearing to decide whether to approve the Settlement and Class Counsel’s request for an award of attorneys’ fees and costs. You may attend, and you may ask to speak, but there is no requirement that you do so.
The Court will hold a Final Approval Hearing on October 27, 2010, at 10:00 a.m. PDT at the United States District Court, Western District of Washington, before the Honorable Richard A. Jones, Courtroom 13128, 700 Stewart Street, Seattle, Washington 98101.
At that hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate to the Settlement Class and Settlement Subclass, as well as Class Counsel’s request for an award of attorneys’ fees and costs. The Court will consider any objections made according to the procedures described above. You cannot speak at the hearing if you exclude yourself from the Settlement. After the hearing, the Court will decide whether to approve the Settlement and how much to award Class Counsel in attorneys’ fees and expenses. It is not known how long those decisions will take.
16. DO I HAVE TO ATTEND THE HEARING?
No. Class Counsel will answer questions that the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you don’t have to come to the Final Approval Hearing to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
17. WHAT HAPPENS IF I DO NOTHING AT ALL?
If you do nothing, you will not get a credit benefit from this Settlement. Furthermore, unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants involving the claims released through this Lawsuit.
18. ARE THERE MORE DETAILS ABOUT THE SETTLEMENT?
Yes. This Notice is only intended to summarize the Settlement. If you would like more information concerning the Litigation or this Settlement, you should inspect the complete settlement documents, papers and pleadings filed in the Litigation. You may also learn more about this Settlement by contacting the Settlement Administrator at the address set forth in Section 5 above. Additionally, information about this Settlement is available at the following website: www.cmemailsettlement.com.
PLEASE DO NOT CALL THE COURT, THE CLERK, CLASSMATES ONLINE, INC.,
CLASSMATES MEDIA CORPORATION, OR UNITED ONLINE, INC.
Please do not reply to this message. We are unable to respond to inquiries sent in reply to this email. For more information, please visit the official Settlement Website at www.cmemailsettlement.com.
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The United States District Court for the Western District of Washington has ordered this email notice be sent. If you wish to UNSUBSCRIBE from future email messages please reply to: Unsubscribe@cmemailsettlement.com from the email address to which this notice was sent.
Monday, May 24, 2010
Adobe update, again.
It's Adobe Update time again today. Hurray!
No, actually this company is a pain in the ass.
Do we have to update so damn often?
I think they are just selling something.
This time they are touting Carbonite Backup.
No, I don't want this product.
What will it be next week I wonder.
Stay tuned.
No, actually this company is a pain in the ass.
Do we have to update so damn often?
I think they are just selling something.
This time they are touting Carbonite Backup.
No, I don't want this product.
What will it be next week I wonder.
Stay tuned.
Tuesday, April 6, 2010
CFPA with Elizabeth Warren, webinar
...currently listening to Elizabeth Warren who has outstanding credentials in her field.
www.ourfinacialsecurity.org she referrences to write congress.
www.protecttheconsumer.org focuses on telling the chamber of commerce to quit lying about the Consumer Financial Protection Agency.
April 29th, wall street demonstrating. Financial reform is a must, folks. Deregulating has brought our country to it's knees. This woman is leading the fight for us. We must stand behind her and organize.
Check out her column on Huffington Post.
www.ourfinacialsecurity.org she referrences to write congress.
www.protecttheconsumer.org focuses on telling the chamber of commerce to quit lying about the Consumer Financial Protection Agency.
April 29th, wall street demonstrating. Financial reform is a must, folks. Deregulating has brought our country to it's knees. This woman is leading the fight for us. We must stand behind her and organize.
Check out her column on Huffington Post.
Java updates, again
Java wants to update me again, and try to get me to click on installing something that I don't want. Carbonite Online Backup now. No, I don't need this as I have a Netgear Stora 1tb network backup I use, thank you. It's cheapest in the long run and besides, I have complete control over it. And, the usual Openoffice suite offered for install. But, I already installed it over a year ago but I never use it as I have M/S Office 2007. I hate crappy software and Adobe has proven itself that it has crappy software. Yeah, it has us all hooked into the Java of course. Nobody else is doing it is why or maybe not.
Time for an online seminar, more rants and raves to come later...
Time for an online seminar, more rants and raves to come later...
Sunday, March 28, 2010
Damn, over a year since I posted anything here
I got this email from Amazon about monetizing my blog here so I'm going to take a little time to see what I can do with that. Like everything else in my life there just isn't enough time to do everything. This will probably be another one. Oh, I did get a new computer just after my last post, last year. It's a nice slimline HP that I love. It did come with Vista Premium and I can say I've not had a problem with it either. Well, there is a little printer problem now and then but nothing I can't fix.
On to monetizing this blog....
On to monetizing this blog....
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