Showing posts with label PSA. Show all posts
Showing posts with label PSA. Show all posts

Saturday, July 23, 2011

What a crock

I've long suspected that my digital BF% Scales are not as accurate as they could be, not for digital scales which, one would assume, should be quite accurate.

Although I don't believe in them yesterday could be considered my "cheat day". Liz drove into downtown to join me for lunch and we ended up at the Eastside Market where I consumed an entire sausage & meatball sandwich. I've been pretty good for the last few weeks and my voluntary commute change means I now walk 2 miles to work and back, plus daily workouts on the Wii Fit, so it's not like I undid the past few weeks work.

This morning, post workout, I weighed 185 lbs. I got dressed, shorts & t-shirt, then weighed myself again. 187 lbs. Really? Okay, I'll take your word for it. I hit the button to measure my Body Fat (allegedly via Bioimpedance) and the scales said I was at 22%.

I'm sorry. 22%? Yesterday, at 182 lbs, you said I was at 20%. Now, I weigh 5 lbs more and you say I'm back up to 22%? I decided to conduct a very simple test, grabbed a 5 lb weight and my two 10 lb dumbbells, and returned to the scales. With 5 lb weight in hand I stepped on and now I weighed 192 lbs. Ok, fair enough. I stepped off, grabbed my two 10 lb weighs and stepped back on.

209 lbs.

I see.

I hit the button to measure my body fat, the scale ran it's alleged bio-impedance test and a few seconds later the number 27 appeared on the screen.

Really?

Because while I might "weigh" 20 lbs more than before, I'm pretty sure that's not an extra 20 lbs of fat, so my body fat percentage should have not changed. In fact, if anything, it should have gone down, because now the fat-to-weight ratio has decreased...or increased, depending on how you look at it.

So the Body Fat Calculator doesn't really calculate your actual body fat via bio-impedance but simply goes off your height and weight. What a fucking crock.

I also know the scales are not entirely accurate either. I can weigh myself prior to using the toilet, then immediately afterward, and the scales will give me the same weight. I can drink a large glass of water between weighings and the scales will tell me no change.

FWIW, this was a Taylor Body Fat Analyzer & Scale, Model #5564, which are no longer available.

If you have a combination Scale & BFA, I'd like to ask you to conduct this simple test and post the results in my Comments section. Weigh yourself and calculate your BF%, then weigh yourself again while holding a heavy item. Does your BF% change? If so, which way?

Monday, March 08, 2010

Neilmed Sinus Rinse

The following post contains scenes and descriptions that may upset weak stomachs. Reader discretion is advised.

Inspired by the latest post on Borderline TMI I would like to bring your attention to Neilmed Sinus Rinse.
I got one of these at the family Christmas gift exchange a couple of years ago, and I'm still not sure if it was meant as a gag gift or if the giver was genuinely sincere in her espousing of its effectiveness. Given my wife's family's fondness for holistic medicines, vibrating massage thingies, etc, the cousin who claimed she used it and loved it probably actually did. (No, I don't think she actually gave me hers...) Not too sure about it myself I took it home and put it in the kitchen cupboard, where it sat, unopened, for a loooong time.

Eventually my clogged sinuses got too much for me, and when I recalled that my father used to snort a cup of slightly salty warm water to alleviate his sinuses, I figured I had nothing to lose (except snot) and a whole lot to gain...like clear sinuses.

I nuked a cup of water to just warm and mixed it with a packet of salt in the little squirt bottle, screwed on the cap, stuck it up my right nostril, looked sheepishly at myself in the vanity mirror, then leaned over the sink and began slowly squeezing the bottle.

The instructions recommend that not only do you not hold your breath while doing this, but that you breathe through your mouth to avoid putting pressure on your middle ear. And so I did. I leaned over the sink while carefully & slowly breathing in and out my mouth as I squirted warm, salty water up my nose.

At first nothing happened. Oh sure, I could feel the warm water slowly filling up my sinus cavity but it wasn't coming out my left nostril (the cap seals your nostril pretty good, and I have big nostrils) and then it happened.

No, the water didn't begin pouring out my left nostril.

It began running down the back of my throat, into my mouth, and out my mouth into the sink.

Warm, salty water. From my nose. Was coming out of my mouth.

Along with...other stuff.

It was disgusting, in a satisfyingly cathartic way.

When I'd finally squeezed the bottle to almost flat I removed it from my nostril, and now I had water running out of my nose AND my mouth.

But my nose felt kind of good.

As I walked to the kitchen to warm a second cup of water for my left nostril more salty water dripped out of my nose. Oops.

When I repeated the procedure with my left nostril it mustn't have been as blocked as the right (or vice versa) because this time around the water began running out of my right nostril. Along with...more stuff. Big, long, thick chunks of...stuff.

And when it was done and I'd blown my nose into a paper towel (because a tissue would have disintegrated) I felt great. My sinuses felt clearer than they had in a long, long time. The snot was gone, the pressure was gone, and the pain that accompanies blocked sinuses? Gone.

I used it almost every day for a couple of weeks - because every time I did there was the cathartic relief that comes with the removal of large chunks of snot - before scaling back to just a couple of times a week as I felt necessary. And except when my sinuses get really clogged up the water goes in one nostril and out the other, accompanied usually by a thick string of snot that feels so good to be rid of.

If you're plagued by blocked sinuses, forget the old "head over a bowl of steaming water" trick, that won't cut it. Instead try sending 8oz of warm, salty water up each nostril. You might be surprised at how good it feels, despite how disgusting it sounds...or looks...or tastes ;P

Tuesday, December 01, 2009

Facebook: A vehicle for propaganda

It never ceases to amaze me how people can blindly spread misinformation just because it sounds like a good idea. Because I "play" the Facebook game Mafia Wars, I have over 800 Facebook "Friends" (more than many, not as many as some), and so I probably experience this more than those who use Facebook for it's originally intended social/networking purpose. The one doing the rounds at the moment are the people updating their status with a message encouraging their Friends to send a card to A Recovering Soldier c/o Walter Reed Hospital (a futile gesture. Military installations, of which Walter Reed is one, are under orders not to accept any mail not addressed to identified personnel.)

It takes just a few seconds to verify (or refute) this information, about as long as it does to copy and paste the message into your Facebook status. Of course it also takes more work than a simple Copy & Paste, unless you know how to use Google's "Block/Hightlight & Search Google For..." feature, in which case it does take literally seconds to verify or refute the information you're about to pass on. But how many people actually do that?

Filled with good intentions it appears most people just blindly copy, paste, & forward the misinformation, and other people see it and say "Hey! That's a good idea!" and before you can step in to say, "That's a good idea, but..." it's too late; five other people have copied, pasted, & forwarded the misinformation. And twenty-five people will see the new message and pass it on, and that is how...

"A Lie can travel halfway round the world while the Truth is still putting on its shoes." - Mark Twain

Wednesday, June 10, 2009

Happy Father's Day


I know, I know, it's not Father's (or should that be Fathers'?) Day yet, but I just got this in my email and thought I'd share.

Beretta's products are a little on the pricey side (for me, or maybe I just don't buy outdoors gear at full price) so any chance to save a few dollars is always appreciated. I'm also very happy with my Beretta products, and they're a name I've come to associate with quality. You don't have to support Beretta if you don't want, this is just one choice of many available to you to help make this Father's Day a little more special, while also saving you money.

One last word of advice from the Cap'n. Treat every day you spend with your parents as if it's the last, because one day...it will be.

Thursday, June 04, 2009

Update on the War on Starbucks

It's (almost) a month down the road and I've heard nothing back from Starbucks. Zip. Nada. Absolute Zero (which is technically less than nothing).

I had a couple of $2 gift cards for Subway I got in the mail (as a result of a Class Action Lawsuit) so I thought I'd eat there today. I couldn't pass up a (as it turned out) $1.46 Footlong Sub. It was funny walking over there because they're right next to the Starbucks...which I almost walked into. By sheer force of habit I started to walk into the Starbucks store and had to stop myself and continue on into the Subway.

Where I ran into one of the Starbucks' girls getting her lunch.

I told her I hadn't heard anything back from Starbucks and she said, "You won't, they don't care" and she's probably right.

At the very least I expected something along the lines of:

"We're sorry you feel this way, but this is a long standing policy of Starbucks. Please note that we only request our staff cover any tattoos, we do not discriminate against our customers."

I've been steadfast in my resolve, and while I've only been to Coffee Bean a couple of times during the last month, I've also not given in and gone to the much closer Starbucks.

The natural result of this is I've also greatly cut down on my coffee consumption, both at work and at home, with the result that when we went out for breakfast last weekend and I drank my typical 4 (or 5) cups of coffee I could feel it kicking in. It wasn't pleasant, and actually left me feeling nauseous, or maybe it was just that breakfast was at IHOP :P So now I have one or two cups of coffee from our machine here in the office, and a couple of cups during the weekend, and that's it.

To Anon (who disagreed with me in the comments of the last post, but was so polite about it) - I really hope you weren't serious and you didn't ramp up your coffee purchase (& consumption) on my behalf. While that was a noble gesture, it would seem Starbucks don't care about me not going there any more, and they probably don't care that you're going more often, either. We're just a drop in the ocean to them.

That said, I'm going to send them one last letter, explaining what I've done so far, and how I'm disappointed that I haven't received any response from them at all, so clearly they don't care about losing me as a customer. I don't really expect to receive a reply to that second letter, and yet I've done things like this before with different companies and have received responses, so if other giant corporations can take the time to respond to concerned customers, why can't Starbucks? Perhaps they've been losing so much money that they've laid off their Customer Service staff...

Friday, May 08, 2009

The Cap'n goes to war

Not literally. I'm not being shipped off to Iraq, or Afghanistan, or anywhere like that.

Can I eradicate World Hunger? Cure Cancer? Solve the Global Warming problem? No, I can't (although I can do my small part). What I can do is pick my battles, which is why I've declared war on Starbucks. Now in case you were not aware of it Starbucks has a policy which discriminates against a select group of their employees, and by having this policy they inadvertently discriminate against me. Maybe I'll make a difference, maybe not, but if nobody ever tried nothing would ever get done around here, so the Cap'n is declaring war on Starbucks.

Because Starbucks forces their employees to cover up their tattoos with clothing, bandages, or even stickers, I feel it would be hypocritical of me to continue giving them my business. So today, instead of going to the Starbucks across the road from my office, I walked a couple of blocks to the closest Coffee Bean & Tea Leaf. Then back at my office I stapled the Coffee Bean receipt to my protest letter (for extra weight), and with Coffee Bean drink in hand I delivered my letter to the Starbucks across the road. I apologized to the girls there, told them they were fantastic, that I even said so in the letter, and explained that I was doing this for them as much as for myself.

Starbucks bends over backwards to cater to the individual, and the staff there will make your drink exactly how you like it, regardless of how you like it. But for a company which respects the individuality of the customer, they do not respect the individuality of their employees.

Wednesday, February 04, 2009

It's official

Ever wondered what I sound like? Do I really talk like a Pirate? Ever wanted to fall asleep as I read you a bedtime story? (Please don't say Yes to that last one. That would be kind of creepy.)

In conjunction with Saylah of Mystic Worlds, (& a couple of other Bloggers), we're putting together a series of Podcasts where we'll be doing readings of our own stories.

So if you've a mind to hear my voice so maybe you can imagine me reading my Blog entries to you (again with the creepy), just head on over to the temporary home of our Podcasts and click the links you find there.

And in case you're wondering, yes, I will also (eventually) be doing a reading of my last entry, "Becoming the Hunter". I'm also currently working on another Kwazimoto story. Got to have material for the Podcasts, you know.

Friday, January 30, 2009

PSA

I'd just like to take this opportunity to say...

OH MY FUCKING GOD!!!



Are you still here?
Whadda ya think yer doing?
Get over to their website, NOW!


This is insane. They're releasing this on not just the PC & XBox, but the PSP and the DS! I can't imagine trying to play it on the DS...actually I can, but Damn! When you've got a game like this, you want it on at least a 19" screen.

Damn. Guess I'll be buying two copies of Diablo 3 and two copies of Bloodbowl this year...or next year :P

Monday, December 08, 2008

Tagging

I've got about 100 posts left to Tag and I've noticed Blogger's main Edit Comments page allows you to Tag a bunch of posts all at once...except without exploding an entry, the title doesn't always tell me what it's about, especially when you're looking at a 2 y/old post.

Also I can only apply 1 tag at a time to multiple posts and that seems counterproductive. I'd need to explode every post, look at the first Tag, then go through every post to see if that Tag applies to that post, if so, check it, do that for every Post, then apply that first Tag. Uncheck every post, review every post with respect to the second Tag, apply second Tag, uncheck every post, and so on.

I think it's going to be faster to review every post, apply relevant Tags, then republish it.

I don't know if that means I'm about to spam the Readers of anyone who subscribes to my Blog or not, or if it doesn't count for Edits and re-publishes.

If it does, I apologize in advance for the next 100 or so spammed Posts just for me to get my Tags up-to-date.

Monday, October 27, 2008

The lesser of two evils?

It doesn't have to be this way, so don't be a sheep and don't allow the media to brainwash you. A vote for someone other than one of the two evils is not a wasted vote.

When it's not compulsory to vote you should be free to vote for the candidate of your choice, in fact you should be commended for taking an interest in the running of your country, not made to feel guilty for doing so.

The truth is if everyone who could legally vote did so, and if everyone voted for the candidate of their choice, not just for one of the two evils, then both evils would probably be more than a little shocked at the result.

Although I am the famous Wizard 101 Blogger, I don't claim to have a huge readership, but perhaps the following will inspire others to get the message out and together we can educate the masses.

You have a choice, and it's your own choice to make. Don't make a choice out of fear, don't feel you have to vote for one of the two evils. Vote for the candidate you think actually has the knowledge and experience to run the country.

Because they already get enough air time I'm not going to name either of the two evils here (or even link to their pages), instead, here are the people the two evils would probably much rather you didn't know about.

The Libertarian Party candidate, Congressman Bob Barr.

The Constitution Party candidate, Pastor Chuck Baldwin.

The Green Party candidate, former Congresswoman Cynthia McKinney.

Independent candidate Ralph Nader.

Of particular note is that Cynthia McKinney is not just a woman, but an African-American woman! Now why the hell isn't she getting more press time?

Because the media want you to vote for one of the two evils, so they promote them and forsake everyone else.

Don't let the wolf lead you astray, or the shepherd pull the wool over your eyes.

Vote (or don't vote) for the candidate of your choice. Now if your choice is one of the two evils, good for you, but be true to yourself, make sure it's your choice, not that of the media.

Wednesday, October 08, 2008

Nintendo DSi - Now with less portability

Joseph alerted me to one of Nintendo's latest products, the DSi.

It's a revamped DS with bigger screens and TWO built-in cameras, and yet it's somehow lighter than its predecessor. Pretty fricking awesome, right?

But wait, there's more! It also comes with Regional Locking, just like your Gaming Console and DVD player!

Yeah! Regional Locking!

Wait a minute? Regional Locking? As in...I visit a games store in another country, like Japan, and find an awesome RPG that hasn't been released in my country...and there's no point buying it because it won't play in my DSi? That kind of Regional Locking?

Yes. That kind of Regional Locking.

You know the chip to incorporate Regional Locking had to increase the base cost of the DSi, even if only by a small margin. And once word gets out of the Regional Locking, other gamers like Joseph and myself, who may have bought a bigger, lighter DS with TWO Built-In Cameras, won't buy it now.

For some reason Nintendo increased the production cost of the DSi while also decreasing customer demand. The decision to incorporate Regional Locking will increase expenses while decreasing revenue. How on earth could that be perceived as a financially sound business decision?

Nintendo did issue a statement re: the DSi and Regional Locking, claiming: "DSi software (ie, DSi games/cartridges) is region locked, eg: European DSi software can only be played on European DSi consoles.

Nintendo DS software however is region free so you can play any DS software on DSi from any region. You can also browse the Internet on your DSi wherever you are in the world and exchange your photos with friends from around the world."


However, Nintendo did confirm that download-able games and future DSi-only cartridge-based games would be region locked.

So yes, you can play your old DS games on your new DSi, regardless of which country you bought those DS Carts...but your DSi Carts? You'll only be able to play them on a compatible DSi.

How can Nintendo ensure customers will buy the technically flawed DSi? By releasing DSi-only cartridges. How many new GBA-SP games do you see now? I don't mean units that have been sitting on the shelf for a year or more and haven't sold, I mean new releases? You don't see any, they're all DS, and by the time the DSi comes out Nintendo will have already begun phasing out the DS carts. After all, what better way to sell the DSi than by having some awesome new titles already available for it at release.

I wonder if Nintendo and the DSi will receive similar treatment from the gaming community as did EA & Spore? I feel that as a Gamer who vehemently objects to Regional Locking on a portable gaming unit, it's my duty to give the DSi a negative, 1-star review on Amazon, once they have a page up for it, that is.

The Nintendo DSi. Now with even less portability.

Thursday, October 02, 2008

AT&T DISH Customer Disservice

About a month or so ago, shortly after we switched to AT&T DSL, Liz tried to order DISH through AT&T as well. She went online because that was their best price, except when she got to their website and entered our Zip/Area Code, she was informed we couldn't order online, that we'd need to call an 800 number, so we did.

When we called we were informed the only way we could get the same online package & price was if we signed a 24-month contract. No contract is required if you order online, which pissed off Liz no end, so she hung up.

Tuesday afternoon she'd finally calmed down enough to go online and try again, and this time she was able to place the order online, except the order could not actually be completed online. A Service Rep would need to call us to complete the transaction and schedule the installation, so Liz left my Cell Phone number as the one to call and specified a time between 8am & 12pm.

Yesterday morning, around 9:30am, they called us...at home. We missed their call because we weren't home which is why Liz had specifically requested they call my Cell Phone.

I'm a considerably patient person (most of the time) which is why I've just spent almost two hours on the phone, getting bounced around between AT&T and DISH, then AT&T again, then DISH again, and again, and again. Nobody could help me, nobody could find my order. They did confirm a note in my account left by "somebody" who logged that they'd called us at 9:30 yesterday, but nobody could actually determine which department or person had left the note.

Just like last time, the Reps who tried to help me could not honor the Online price until I was finally able to talk to somebody at the Online Order Dept., who even though they are the Online Order Dept. were still unable to find the order we'd placed ONLINE less than 48 hours ago.

Finally, after spending an hour & a half on the phone, I dealt with a woman who helped me place the order, and lo & behold, she got me a cheaper price than ordering online.

This Rant and seriously o_O moment brought to you by AT&T DISH Network.

Wednesday, October 01, 2008

Last Chance, allegedly ;)

This just in, from the W101 News Page in the Launcher:

I know, I know. I've been raving about Wizard 101, and I've even become known as the Famous Wizard101 Blogger ;)

$60 for a 12-month subscription. That's just $5 per month.
$60 is about the price of one, new release video game (@ $50+tax).

Now, there's no guarantees KingsIsle won't extend this offer, and maybe they'll even introduce a cheaper offer in the future, but if they do. Well, when they introduced the Family Plan (still not as cheap as two 12-month Subs at $60 each) anyone who'd bought several regular subscriptions and upgraded to the Family Plan got an in-game Crown allowance. Apparently enough Crowns to buy a couple of items, per account. And if you've seen what Crowns get you in W101, you'd realize that's not a bad deal.

At the very least, I encourage you to head over to the Wizard101 site, download the program for free and play it for a bit for free. Check it out, see if it's to your liking, and if you like what you see then now (and the next few days) is a good time to consider subscribing.

Monday, September 29, 2008

Local P.D. What's in your speed dial?

A long time ago I reprogrammed the #9 speed dial on my cell phone from 911 (its default) to the dispatch for my local Police Dept., and it's come in handy more than once when I've needed to reach my local P.D., the most recent occasion being today.

I'd picked up my kids from school and was two blocks from home when the light at the intersection ahead of me turned Red.

Cool, I thought to myself, I'm first in line. I don't have to sit behind someone in the left lane and wonder if they're going to switch on their turn signal after the light turns green.

Just as I pulled up to the intersection an SUV on the cross street to my left tried to make a left turn in front of a car on my right. And the inevitable happened.

I stared at the two cars on front me and the mess of glass, and looked at all the cars backing up on my right (the direction from which most of the traffic was coming), and my first thought was of self preservation.

Crap, I thought to myself, they're blocking the intersection and now I'm stuck.

Then almost without thinking I grabbed my cell phone from under the radio (where it was charging), flipped it open and pressed & held 9 to engage the Speed Dial.

Then my light went Green and miraculously the cross traffic stopped, and thank heavens I have a little car because I had room to get around them, even steering with one hand, as I spoke to my local Dispatch who'd answered within seconds.

"Hi. We've got a two-car collision at..." I reeled off the intersection. "We're going to need at least one unit and possibly paramedics."

I could hear the quaver in my voice and the dispatch girl (it always seems to be the same girl) asked me to repeat the intersection, then started asking me about the accident, what cars were involved, their color, etc., then she thanked me for calling and hung up. I drove into the 7-11 parking lot right on that corner and pulled into a parking spot, got my kids out of the car, and hit 3, the Speed Dial for Home, as I walked over to the corner.

The young lady driving the sedan had got out practically as I drove behind her car, and she was now on the corner with her little brother. She was also on the phone, but she was obviously talking to her parents, and she was freaking out. By now I had calmed down, explained to Liz that we were going to be a tad late but if she wanted, she could come up to the 7-11 and pick up the kids. She declined. Before I'd finished talking to her we could hear the sirens, and it must have been a slow afternoon because we had two cars, a K-9 unit, a Fire Truck and the Paramedic's Truck all pull up.

They wasted very little time in assessing the situation and quickly had both vehicles moved out of the intersection and also parked in the 7-11 lot...fortunately beside, not behind my car. Then I noticed the 7-11 Clerk beside me. As we're both immigrants from British Colonies we have a bit of connection, so we chatted about the accident. He'd been on his break and seen it happen, too.

Eventually I gave my statement to one of the officers, and when he asked who'd been driving the SUV I said I thought it had been the guy. He asked if I was sure. I said I wasn't positive, and explained how the young lady had got out and been in the road as I drove around her, and after parking my car I was more concerned with keeping her out of the road as she tried to go back to her car. Apparently the couple in the SUV were saying the girl was driving, and maybe she was. I thought I'd seen her in the passenger seat of the SUV but I couldn't be positive, so I told the Officer I couldn't honestly say Yes or No either way, and he seemed satisfied with that.

Finally we were finished and I bundled the kids back into the car, and home we went.

And this is exactly why I like to have my local P.D. speed dialed into 9 on my cell, instead of the default 911. In California, if you dial 911 from your cell it doesn't go to the closest Emergency Dispatch Center, it goes to CHP. I've called 911 before from my cell, they're not always quick to answer your call. And in my case today they'd have needed to reroute my call to my local P.D., or notify them themselves, and that all takes time. Today, within seconds of dialing, I was speaking to my local Dispatch, and within minutes we had emergency services on the scene.

Isn't that the response time you'd like to see if(when) you have an emergency?

Software EULAs

Are they worth the paper they're not printed on?

Your rights as a consumer are fairly varied, but in most cases, if you're not satisfied with a product, you're usually entitled to a refund or some form of remuneration.

Buy a shirt, take it home, try it on and Ow! That tag scratches! So you take it back and get a refund.

Buy a pair of jeans. Take them home and...woah! My butt looks huge in these! (Yes, yes, it's the jeans. Of course it is :P) So take them back.

You order a Medium Rare steak at a restaurant and they bring one out that's Medium Well, so you send it back. They bring you another, this one Medium. You send it back. Now you've pissed off the Chef so this time you get a steak that's seared on the outside but not even cooked in the middle. You call the Manager over, the Chef gets chewed out, and you get your meal for free.

You buy a PC Game. Take it home, start to Install it and the EULA pops up. So you sit there and read it.
You read the EULA??? Sure you do.
No really, you do. You read the EULA and you decide that you cannot in good faith Agree to it. So you click Cancel, or Disagree, and the EULA window closes along with the Installation program. Unless you Agree to the EULA you cannot Install the game, so you package it up and return it to the Store and get your money back.
HA!!! That's almost as good as the one about you reading the EULA!!! Get your money back for opened software? Yeah, right!

Why can't you get your money back?

The software contains a EULA to which you were not privy at the time of purchase. At least not unless you went online prior to purchase and checked it out, but, is that a reasonable expectation? I doubt the Courts would think so. The Courts usually like all terms and conditions of a contract to be made available at the time into which said contract is entered.

If I read the terms of the contract, decide I don't like one part and change it, we now have a new contract. If you'd already signed it, I cannot make the change then sign it and insist we have a binding contract. We'd both have to initial & date the change to show we both agree to it, and if we do so, then we'd have a binding contract.

Likewise changing the terms of the contract after the contract has already been established requires both parties to agree to it. This is what makes a EULA enforceable: you agreeing to it, ipso facto. You've already purchased the software. You take it home, start to Install it and the EULA pops up. You scroll down and click Accept and away you go. You accepted the terms of the EULA, so you now have an established contract between you and ACME Software Company for Game®. The only thing that makes the EULA unenforceable is if it places unrealistic demands or expectations upon you, the consumer.

EULA
1. You, the User, agree to become a walking billboard and will allow us to tattoo ACME Software Company on your forehead.

That's not going to be enforceable.

1. You, the User, agree that ACME Software Company retains the sole, property rights to all virtual objects created or acquired through the use of Game®.

That's more likely to be enforceable.

So you read that first line in the EULA and say to yourself, "Hell NO! I'm going to eBay everything I make/find in Game®."

If you click Agree to the EULA, later you'll be in violation of it when you do try to eBay your virtual goodies.

But if you don't agree to it and you click Disagree, as stated earlier the EULA window closes, as does the Installation program.

Now you've got an item you purchased that comes with a EULA with which you disagree, so you cannot in good faith install and run said program.

With that said, why are you unable to return Game® to the store for a full and total refund?

Technically, you'd be well within your right to do so. The Store may have an internal policy that opened Software can only be exchanged for the same title, but in your case that creates a problem. You don't want another copy of Game®, you want your money back. At the very least the store should offer you Store Credit, but realistically they should offer you the Refund you're demanding. If they don't, you could file a case with the Small Claims Court. You're entitled to a Refund because the product you purchased came with an additional Terms Of Use to which you weren't privy at the time of purchase, you'd probably win your case, too. Unfortunately in California, filing with the Small Claims Court costs you $30 (at this point in time), so you pay $30, win your case and get your $40/$50 back. You win! Or do you?

On the plus side, most establishments hate drama as much as Average Joe hates causing it, so if you're willing to stand up, be a loud mouth, and insist on a refund or you're going to file with the Small Claims Court, you're probably going to get what you want. But don't expect to shop at that store much in the future, because they're well within their right to refuse you service from that point forward.

Everyone has rights. Know yours.

Tuesday, September 16, 2008

These girls are crazy!

(but should be admired, nonetheless.)

A few of my female coworkers are teaming up to take part in the Ketchum-Downtown YMCA Stairclimb event, which helps raise money to support the YMCA's various community programs.

On Friday September 26, 2008, the four of them (& many others equally crazy) will climb the stairs of the U.S. Bank Tower in downtown Los Angeles. At 1,108 feet tall (with 75 stories and approx. 1,500 stairs), the U.S. Bank Tower is the tallest building west of the Mississippi.


You can show your support for these crazy young ladies, and the YMCA, by making a small contribution to their cause. Don't worry about their health & safety, they're young, fit, and as government employees have a great Health Insurance plan ;)

Visit their team webpage here to read more about the Ketchum-YMCA Stairclimb, and show your support, if you feel so inclined.

Thursday, August 21, 2008

DSL vs Cable

For several years our Cable TV provider has also been our ISP, and so we enjoyed the speedy internet access of Cable Modem Broadband, up until recently. Running online Speed Tests I was pretty happy with our morning download speed of 5Mb/s, but in the evening, when my neighbors started downloading porn or streaming music videos, that 5Mb/s could drop by up to 90%. The problem with Cable Modems is that your PC shares internet bandwidth not just with the other PCs in your house, but with that of your neighbors, so the more of you there are in your neighborhood using the same Cable Modem service at the same time, the slower that service becomes. Running Speed Tests in the evening would reveal not the lightning-fast 5Mb/s download speed of the AM, but a little old lady on her way to church slow rate of 500Kb/s.

When playing WoW I could have a 50ms latency in the morning (lower is better), and have over 1,000ms latency in the evening. I'd get horrible periods of lag where the action would pause for up to 10 seconds at a time, then everything would get crammed into one to two seconds. This wasn't too bad for my Hunter, Rogue and Druid, who would perform their basic Auto-Attack if left to their own devices (at least once combat was initiated), but for my Priest and Mage who require me to actually press buttons to cast their Spells, 10 seconds of lag can often spell Certain Death.

Cable Modems are great, if you're one of the few people in your neighborhood using them. Their 5Mb/s rate is three times faster than standard DSL, and almost twice as fast as premium DSL packages. Where DSL shines is in providing a dedicated pipeline for your Modem, and yours alone, and so this week we finally said goodbye to our Cable Modem service and subscribed to the inherently slower 1.5Mb/s DSL service of Yahoo! AT&T.

While the Cable Modem's 5Mb/s would be down to 3Mb/s (or slower) by the afternoon, and down to 500Kb/s (or 0.5Mb/s) in the evening, the 1.5Mb/s of DSL is 1.5Mb/s in the morning, afternoon, and evening. Last night I played WoW for a couple of hours, and except for a second or so of lag every now and then (which is not unusual), it was a very smooth experience. On occasion my latency was faster than it's ever been with the Cable Modem service (not sure how accurate it is, though) and at the worst of times it increased to just a little over 100+, which is nothing like the 1,000ms latency I'd experience with the Cable Modem when all of my neighbors would get online.

It's now that I recall AT&T's anti-Cable Modem ads, where neighbors were feuding over slow internet speeds, and I laughed that people would prefer the slower DSL over the much faster Cable Modem. Now I am one of those slower people, grateful for a dedicated, stable, reliable internet connection. Slow and steady wins the race :)

If I could afford it, I'd love to have the same connection as at my office.
Who needs Cable Modems when you can have Ludicrous Speed!

Thursday, July 17, 2008

Joss Whedon's "Dr. Horrible"

I've not been here yet, but knowing the genius that is Joss Whedon I'm not sure how he can go wrong.

"Dr. Horrible’s Sing-Along Blog" is only available online for a limited time.

ACT ONE went up on Tuesday July 15th.

ACT TWO goes up today, Thursday July 17th.

ACT THREE (the finale) will go up Saturday July 19th.

All acts will stay up until midnight (PST? GMT -10?) Sunday July 20th.

After that you may only be able to see them if you're prepared to pay for them. But for now, they're free to view.

I'm not saying Dr. Horrible is the best thing since sliced bread or the next Rocky Horror Picture Show. This is just a PSA for those who might have otherwise missed it, like Liz and I did with Firefly and Serenity.

Wednesday, May 21, 2008

Samurai Sudoku

I've been getting pretty good at Sudoku. I can do a lot of the hard/expert level Sudoku puzzles w/o a cheat sheet or penciling in "possible" numbers. Then I ran across a Samurai Sudoku puzzle. Five Sudoku grids with four of them each sharing one corner with the central square, making an X of interlocked Sudoku puzzles.


Well hey! I thought, that looks fun! And I'm getting pretty good at this game, how hard can it be?

So I printed out a puzzle and gave it a try, and it kicked my arse. I can usually tear through a Hard-level puzzle in 10-15 minutes, so a Hard Samurai Sudoku shouldn't take more than an hour, right? An hour later and I hadn't even completed one grid. I had a full 3x3 square here and there, but WOW! Is this thing tough!

If you're getting bored with regular old Sudoku, why not give Samurai Sudoku a try.

Wednesday, April 23, 2008

Starbucks and the case of the missing Short

I did a spot of research on Starbucks' mysterious 'Short' drink and discovered some interesting information. Way back when Starbucks was nothing more than a little known coffee shop in Seattle, they had just two commonly recognized sizes of drinks. They had their current Tall size, being the larger of their two drinks, and they had their shorter drink being, quite naturally, the Short.

Short and Tall. It makes perfect sense, and it explains why Starbucks' smallest drink is called a Tall, because once upon a time it wasn't their smallest drink, in fact it still isn't, because right now, at this very moment (hang on...) ok, right now I'm sipping a Short Cafe Latte from Starbucks, and typing one-handed, and burning my lip. Ow!

So originally you had a choice of Short and Tall.

Actually, originally you didn't have a choice of Short or Tall, because Starbucks originally just sold coffee beans and brewing equipment, then Howard Schultz came along and everything changed. Actually everything stayed the same because Starbucks' original owners ignored Schultz and his recommendation that they sell coffee drinks, so Schultz quit his job with Starbucks and founded his own coffee shop chain, Il Giornale.

Now Starbucks was still a successful chain in its own right, and in 1984 the owners bought out their original supplier, Peet's Coffee & Tea.

Meanwhile Schultz was also successful, and Il Giornale was growing, so much so that in 1987 Schultz made his move, approached his former employers, and bought them out. He then rebranded his Il Giornale stores as Starbucks and the coffee shop world changed overnight.

Accurately predicting the American consumer's desire for more, Schultz introduced a larger sized drink. Starbucks already had a Short and a Tall, so the larger drink was given the name Grande, which means Large in Italian. But the American consumer still wanted MORE!!! and so the Venti was born; Venti being Italian for Twenty. Seriously. You can check for yourself if you don't believe me.

In those days the price boards were the old style, with letters on pegs that you could move around to customize their appearance and change the wording, and Starbucks staff, or Partners as they prefer to be called, began getting tired of the clutter caused by four different sizes and their accompanying prices. With the American consumers' penchant for more, More, MORE, and one of the sizes needing to go, Short lost out and disappeared from the board, but it still exists. You can still order it. And with Starbucks policy of "Just say yes" you should not be denied your Short-sized drink.

You might get Partners telling you the Short is the Kids' drink, and so they aren't available for anyone over 12. They may tell you they don't have any Short-sized cups. Like Xinh said in her post on my previous thread, you may even be asked if you mean a Tall. But stick to your guns and insist on getting your 'Short' drink.

It's possible if you order your Short in one of the chains located inside a Barnes & Noble, or in my case my local Toyota dealer, that the staff really may not be aware of the Short drink, but it exists. If they try the "We have no Short-sized cups," smile at them nicely! and reply, "That's ok, I'll take a Short in a Tall-sized cup," but don't let them charge you for a Tall.

The Short does exist, it's $2.45 for a Short Latte, and it's a pretty good drink at that. You get the same amount of Espresso as with a Tall Latte (so the same amount of caffeine), but less milk so less fat & less calories. And because you have less milk you have a higher Espresso to Milk ratio, which means your Short Latte has a bolder flavor than the Tall. It really does. In fact I'd even go so far as to say that the Short Latte is one of Starbucks' better tasting drinks.

I wonder if Coffee Bean & Tea Leaf do an 8oz Latte...