Marketing and Product Essay

â€Å"Your boss has just returned from a Senior Executive Workshop for Marketing Directors. He explains to you that the focus of the workshop was on the importance of the positioning statement to effective strategy development. Full of new-found enthusiasm, he asks you to prepare a short paper on positioning for the next board meeting. He wants you to demonstrate the importance of positioning strategy to business success. Write that paper† Introduction STP (Segmentation, Targeting and Positioning) marketing is also called strategic marketing, involves finding correct segment in which to market your product, identify the proper target market and positioning the product to create maximum profits. The most important of STP marketing is determining exactly what benefits your product offers and who will benefit most from using it. STP is important for marketer to create a competitive advantage and marketing plan designed specifically for the customers who will be most likely to buy the product. The STP process allows marketer to identify the correct segment to market the product and use the marketing mix to maximize profits. Marketing Strategy: Segmentation, Targeting and Positioning Segmentation, targeting and positioning are essential parts in the marketing strategy that can help company to market their product better using the appropriate marketing mix. The following diagram illustrates the steps and connection between these three important plan that used by marketers to market their product efficiently. [pic] Diagram 1: The main steps in market segmentation, targeting and positioning Source: Doyle and Stern (2006) Segmentation Market consists of customers and customers vary from each other. The variation are depends on factors such as resources, wants, buying attitude, locations and buying practice. Segmentation means dividing a market by certain criteria such as geographical, demographic, psychographic and behavioral. By dividing the market, a marketer can easily identify what type of segment is suitable for the chosen product and large market can be divided into smaller segments which can be managed more efficiently and effectively. These criteria or variables that be used for segmentation are as follows: (1) Geographic Segmentation It refers to location including regions, continent, country, area size, village, city and the climate. A company needs to put attention on variability of geographic needs and wants. (2) Demographic Segmentation It refers to measureable statistics such as income, age, gender, education, occupation, religion, nationality, race, language and family size. It’s crucial to consider the demographic factors while defining market strategy. (3) Psychographic Segmentation It refers to a segment of lifestyle, personality, attitudes and values. A segment having demographically grouped customers may have different psychographic characteristics. (4) Behavioral Segmentation Other than the above, another basis for segmentation is behavioral segmentation. This is the most favorable segmentation as it uses the variables that really close to the product itself. Buying status, buying role and user type are the common behavioral segmentation. Some customers  are brand loyal; they tend to stick with their preferred brand. Effective segmentation is achieved when customers sharing the similar patterns of demand are grouped together, where each group different in the pattern of demand from other segments in the market. Basically, all the following have to be considered before segmentation: (1) Measureable: Able to measure in terms of potential customers in each segment which means it should be able to tell how many potential customers as well as how many competitors in the same segment. (2) Accessible: Able to reach selected market targets with its individual marketing efforts which means segment should be accessible through any types of communication method and distribution such as transportation, distributors and internet. (3) Meaningful: Able to differentiate preferences or needs and show clear variations in market behavior and response to each designed marketing mix. (4) Substantial: Able to lead to segments which sufficiently large to be economically and practically served as market targets with selected marketing mix. Targeting After segmentation, the next step is targeting. Targeting is the process of selecting a segment to aim. According to Kotler and Armstrong (2004), the following three main strategies that can be used to enter and exploit the segments. (1) Undifferentiated strategies (mass marketing) – The aim of the strategy is to offer a basic product that would suit and be used by almost all age groups and lifestyle. (2) Differentiated strategies (segmented marketing) – Focus on targeting two or more markets, each of them use different marketing programme. (3) Concentrated strategies (niche marketing) – The company focuses on targeting a large share of one or a few segments. The niche marketing defines the specific product features focus to satisfy specific market needs. Generally, targeting is depending on several factors as the followings: †¢ The existing level of competition and the ability to meet customer needs. †¢ The size of the segment (how large and how can it grow). †¢ The strengths of a company that can help to appeal a group customer (company reputation). †¢ The ability to communicate with the segment. Basically, the advantages of target marketing are: †¢ Marketing opportunities and ‘gaps† will be more accurately indentified. The gaps can be the real thing about the product or how customers view the product emotionally. By indentifying this, an appropriate advertising message can be implemented in the minds of customers. †¢ Market and product appeals through the manipulation of marketing mix will be more suitable to the needs of potential customers. †¢ Marketing effort can be focus on the market segment which would be a potential for the company to achieve it’s goal and maximize the profit. Positioning After segmenting a market and then targeting a customer, the next process is to position a product in the market. Positioning is about ‘perception’ and creating the image of the product in customer’s mind. In other words, positioning is about delivering the unique selling advantage of the product. Positioning is useful in order to understand what we can offer that the other products are not able to offer. On top of that, the customer’s needs and wants can be satisfied. . A product has to have a clear and distinctive image in the mind of the customer. This is exactly what positioning creates. Basically, the positioning strategy is mainly focusing on the following points: †¢ Provide value to customer with the competitive advantage, strengths and distinctive competencies. †¢ Market segmentation forms the basis for focused strategies. †¢ Finding the unique selling proposition by distinguishes a brand from its competitors. †¢ Conduct analysis to study on internal, market & competitor. Positioning is the process of creating, the image the product holds in the mind of customers about the product. For example, Gardenia and Federal  Bakery both are in the bakery industry. Although Federal Bakery may try to compete they will still be seen as down market from Gardenia. Positioning helps customers understand what is unique about the products when compared with the competitors. Gardenia has been positioned based on the process of positioning by direct comparison with other competitors such as Italian Baker (Massimo) and Silverbird (Hi-5), and have positioned their products to benefit their target market. Most people create an image of a product by comparing it to another similar product and the image of that has been positioned by the customers about Gardenia is particularly on the variety that they offers and its healthy ingredients. The company can use Point of Different (POD) and Point of Parity (PAP) in the effort to make a better positioning strategy. By using POD and PAP, the company would be able to see the difference and similarities between their products and competitor’s brand. It’s important to establish the POD but it’s also important to decrease the competition by matching it on the POP. [pic] Diagram 2: Point of Different and Point of Parity Using Point of Different (POD) and Point of Parity (PAP) for Gardenia and it’s competitors in the bakery industry, the result are as shown below: Point of Different (POD) †¢ Large variety of breads such as sunflower seed loaf, honey loaf. †¢ No preservatives and use natural ingredients. Point of Parity (PAP) †¢ Produce the basic thing like the competitors (loaf, bun). Some customers prefer to buy Gardenia than it’s competitor such as Federal Bakery, Massimo and Hi-5 because of the differences that other competitors can’t offer. The variety of bread (other than normal white loaf) that they are offerings is not available with competitor’s brand and they also sell  other things like waffles and muffins. The Importance of Positioning It is important for a successful business to market itself right. Through positioning, a lot of advertising money can be saved. Positioning is about communication of the overall value proposition that has been created and maintains it to the customers. In order to be effective, the basic value proposition by the company has to be something relevant to the target market and it must be differentiated from the competitors. It must also sustainable and communicated clearly to that market. Therefore, differentiation at product, brand or company level is now been recognized as one of the key element of establishing a stable market positioning. The differentiating can be based on the features or attributes of the product (actual) or based on the image of the product (perceived). Differentiation can be done with different element of the marketing mix. It may involve the features of attributes that gives customers more benefits than the competitor or from the brand unique image itself. A good and quality product is not a guarantee to be success in the market. The most important is the product has to have a clear and distinctive image in the mind of the customers. This is the reason why positioning needs to be created. Positioning has to be managed at every aspect where customers have the contact with the company mainly in communication and telephonic interaction. This is one of the effective ways to avoid any confusion about the product in the mind of the customers. Positioning helps company to give a direction to their marketing plan. Prior to that, what’s important is the company must develop it core competencies before announce to others what it can offer. [pic] Diagram 3: Implementing Chosen Image and Appeal to Chosen Segment Positioning is important when the company wish how it’s products to be viewed by customers. From here, the company can decide where it wants to compete and it would be able to compete. The perception from customers is what they believe about certain product. The product competitive advantage not only related to the features and attributes of the product alone, but also related to it’s perceived image. For example, Research In Motion (RIM), the company that produces Blackberry phone has chosen to position itself as the maker of Qwerty-Key’s smartphone which enable to compose and read the e-mail better. Hence, RIM has done a lot through it’s advertising to promote the features. The perceived image of the product is very important if the company wants to compete in the minds of target customers. What customer believes or perceives are actually influence the purchase decision. A strong brand positioning direct marketing strategy by explaining the brand details, the uniqueness of the brand and it’s similarity with competitor’s brand in the market. Positioning is the basic strategy for developing and enhancing the knowledge and perception of the customers. For example, Maybelline cosmetics represent youth and excitement to their target customers; young girls who looking for affordable and quality cosmetics. A systematic positioning can create the brand identity and a proper brand image. The company can increase the market share and company profits if the right positioning used in their marketing strategy. Moreover, it can prevent the company making a wrong positioning. There are various positioning mistakes such as: (1) Under Positioning Under this scenario, customers are unable to get the clear idea of the brand. It happens when the company failed to present a strong central benefits and reason to buy the product. For example, MonaVie Inc is the company that markets a supplement in liquid form called â€Å"MonaVie† but many customers do not know what sort of product that they are actually selling. Some customers think that they are selling normal juices. (2) Over Positioning Under this scenario, customers have a limited awareness of the brand. It happens when the company makes the product too specific for certain group of customers and other customers may believes that the product is not for them maybe because of the high price or other reasons. For example, ‘Uluwatu†, a clothing brand from Indonesia has position itself as a premium Indonesian boutique although they are also selling medium priced clothes. (3) Confused Positioning Under this scenario, customers have a confused opinion of the brand. It is because the company claimed two or more benefits that contradict each other. For example, Tutti Frutti claims that the company is serving a healthy and low fat frozen yogurt but there are certain topping which is from a preserved canned fruits that are not really good for health. Which is more important, the healthy aspect or taste ? (4) Doubtful Positioning Under this scenario, customers do not accept the claims of a brand. Customers will doubt on the benefits that the brand can actually deliver. For example, Garnier has market a facial wash that claims to be effective in making a skin fairer but no successful testimonial has been shown so far. The Approaches in Positing Strategy Positioning strategy can be developed in object attributes, application, target customers and the characteristics of the product itself.  These factors represent a different approach in developing positioning strategy. Once a company decides what approach to be chosen in positioning, it must start to communicate the message to the customer at every contact point. The following are the approaches to position strategy: (1) Using Product Characteristics or Customer Benefits The characteristic of the product or customer benefits are the main focus in this strategy. For example, motor vehicles are usually emphasized on product characteristic such as fuel economy, power and other features. Certain products are positioned along with more than single product characteristics at the same time. (2) Using Pricing Sometimes, customers tend to relate the price of the products and the quality (price-quality). This is the perception that most of the customers perceive that expensive product is often to have a higher quality than a cheap one. This so called quality approach is important if the marketer wants to set a premium image in their product. (3) Based on Use or Application In this type of strategy, a second or third position is using to expand the brand’s market. By introducing the new uses of the product, automatically it will expand the brand market. For example, Milo for many years positioned itself as an energy drink other than normal chocolate drink. (4) Based on Product Process Under this strategy, the product is associated with its users or a class of users. For example, Longines, a watch brand has appointed Aishwarya Rai as the product ambassador to develop a fashion and luxury image in their brand. In this case, the expectation is the model or celebrity will influence the product’s image by reflecting their image which communicated as a product  user. (5) Based on Product Class Some products require critical positioning. For example, coffee powder needed to position itself with creamer or condensed milk. For example, Nescafe has positioned itself with the instant creamer. (6) Based on Logo / Symbol Symbol or logo is being used to differentiate their brands from other competitors. Using and implementing trademarks generally follow this type of positioning. For example, Malaysian Airline’s logo which is â€Å"traditional kites-wau† logo can be recognized by many peoples. (7) Based on competitors In this strategy, one or more competitors are using as a reference. Basically, the similar positioning strategy used by the competitors or use a new strategy by taking the competitor’s strategy as the basis. For example, Celcom has published an advertisement that compares their services with other competitors such as Maxis and Digi using the competitor’s corporate colors. Brand Positioning: Princess Shoes One of the most important things in managing a brand positioning is positively compare it with competitor’s brand in the mind of customers in target market. It’s essential for the brand to communicate the key values of the products and the business. â€Å"Princess† is the Malaysian company which produces women shoes for the medium price market segment. Previously known only as a brand that only sells shoes for low income customers, but today it’s already expanded to medium price market segment. Princess has developed elements such as pride and fashion with their product and within its unique selling proposition. They are successfully building their own unique brand image and reaching their target customers. Their marketing objective is to reposition it’s brand (from normal shoes to high fashion shoes) and capturing new markets. The marketing strategy aimed to the follows: †¢ Introduce the new design which is more up-to-date †¢ Make customers excited about the brand †¢ Create a sense of â€Å"fashionable† about the brand. Analyzing the marketing mix (the 4Ps) that they are implementing, basically it’s like the follows: Target: Low and medium income women. †¢ Product: Fashionable and comfortable shoes. †¢ Price: Sell at affordable price. †¢ Place: Sell at shopping malls and shop lots. †¢ Promotion: Uses internet and newspaper to announce their new products. Conclusion Positioning is how the target market defines the brand in relation with the competitors. It’s what we called the brand identity. A brand is a relationship between the company and customers. When we form a relationship, we have to show who we are to our customers. Through positioning, the company should be able to communicate with the customers effectively and efficiently. One of the benefits of good business planning is strategic positioning especially in the modern world where technology is improving from time to time and market grow constantly and become more defined. The marketer can use the business plan with review and revision is done as and when needed, in order to keep track on the right positioning. The constant change in segmentation sometimes can happen. Take broadcasting industry as an example, 15 years ago we have not more than 4 channels, now we have various channels under Astro. Therefore, in certain situation, some broadcasting companies have to review and revise their positioning in order to keep on being competitive in the growing markets. Even when a marketer involve in the process of choosing a brand name, create design, develop promotion strategy and define the pricing strategy, they have to remember the most crucial above all this are a good positioning. When defining a positioning strategy, the marketer should consider how the positioning makes the brand unique and more importantly, all the qualities can be perceived as value added by the target customers. For example, if one shoes brand is hand made from rare leather, how many customers in the target market actually would see this as strength (in point of different). If they really see this as a unique point, then it can be used as positioning. Otherwise, being different cannot bring any special attraction no value added or benefit to the brand or customers. Indeed, the effort to branding a product is time consuming and positioning is just a first step to build a relationship with the customers. Before start with the brand positioning, the marketer have to see who are the competitors that already in the market before the unique positioning can be planned. By measuring the competition, the marketer would know whether the customers in the target market already satisfied with competitor’s brand or there is any chance for another brand can take advantage of. For example, if a new brand is going to be marketed although there are 5 brands already in the market, it’s really important for a marketer to think how to compete. Without a strong positioning, the product will be seen as imitator or copycat rather than a fresh new brand. The competitions allow the customers to know what they can expect from certain brand. The marketer should think how to compete by showing the different to the customers compared to other similar brands in the market. The key is to exhibit what the brand can offer as â€Å"value added† if the competitors have similar product offerings and know how to overcome them if the competition is too high. The purpose of market study is to help the marketer to realize what market and potential customers that they will targeted before making an investment. There are varieties of strategy that the marketer can use when determining positioning. The great thing about this is when the similar product or concept already in the market, the marketer can use a specific positioning strategy and identify the point of different. For example, 100 Plus is positioned as an isotonic drink brand focusing on active lifestyle while the competitor, Excel (another isotonic drink’s brand) is now positioned as â€Å"cola flavoured isotonic drink†. They are basically the same products, the base is same which is isotonic drinks, but each of them are focusing on different positioning that giving them a competitive advantage and unique identity. Having a good product does not guarantee success. Some great products failed in the market because they cannot position themselves correctly. A marketer should think about positioning before anything else like design and packaging. As a conclusion, the positioning strategy is a must if a product needs to compete in the market. The image that creates in the mind of customer will determine whether the product can be sold because that is one of the reasons before customer make a purchase. By having the comprehensive positioning strategy, the company would survive and more importantly to increase the market share and maximise the profits. Bibliography http://en.wikipedia.org http://www.ehow.com/info_8693419_stp-marketing.html Kotler, P., and Armstrong, G. (2004) â€Å"Principles of marketing†, 10th edition, N.J., Pearson Education. http://www.managementstudyguide.com/brand-positioning.htm Callin Gilliam(2010) Marketing Segmentation, Targeting and Posistioning ,p339 http://www.ivoryresearch.com/nicole-johnson.php

Nursing as a career Essay

           Nursing as a Career, Vocation, or Job? Nursing as a Career, vocation or just a job is a question that may receive many different answers. In my own personal opinion, I think that Nursing could be all three for different people or even all three things for the same person. Is it so hard to believe that someone’s job is their career, and even that the person is lucky enough to have a career/job as their vocation in life? I think not. A job is something that one gets paid for, makes a living off of it and takes pride in their work. A career is a lifelong commitment to a job or line of work. You get paid for it, you sometimes get benefits and even get to retire. A vocation is a calling in life. It is God’s chosen area for one to work in or do. It is a special talent. â€Å"Individual nursing practice is determined by the career path selected and is dependent upon education, experience, work setting and geographical location. Nurses may follow their personal and professional interests by working with any group o f people, in any setting, at any time. There is no profession which offers as many opportunities for diversified roles as does nursing.† (Sigma Theta Tau,2014) â€Å"Using Blum’s model of vocations it is argued that such occupations are socially expressed within practices embodying traditions, norms and a range of meanings: industrial, social, personal and moral. Vocational workers are those who identify in certain ways with these traditions, norms and meanings.†(PubMed, 2002) â€Å"Nursing as a job requires not only treating patients who are sick and injured, but also offering advice and emotional support to patients and their families, taking care of paperwork (lots and lots of paperwork), helping doctors diagnose patients and providing advice and follow-up care.† (Snagajob,2014)

Terra Gatson Essay

They similar because they tend have we as people questioning and have also different perceptions about the world we live in. Hey both were misled as to what the world we live in is and how it operates as a whole. There are also other topics as well that can be pointed to show exactly what else can be depicted about the comparison between them. The Matrix is Greek philosophy which is very interesting to a lot of people. The definition behind is the idea of freeing one's soul or mind as even presented in the Allegory of Cave is a well-known idea attached to Greek philosophy.The difference between them is that The Matrix and The Plat's tend to have reasons that justify and reasons as to why they tend to do what they do. It is something that they come up to make whatever wrong they are doing to give a good reasons as to why they are doing it. Seems like a wrong thing to do, but looking at my life I have ran into a lot of people that make up excuses to cover their behinds so others will be believers of their wrongs. A wrong is a wrong and a right is a right not the other way around.The bible is a great source to find out the truth to a lot so if you want to know if something is true pick up a bible to retrieve some of your information so you will have a better understanding. At the end of the Matrix we were left with a piece to my understanding that had me thinking we were living in a computer based world but looked passed it, but it sometimes have me thinking. The Matrix is really based on Descartes which is about the human race being deceived in many different ways.Many scientist research a lot to prove that we are not living in this or that but it is left to only one person to determine what our lives are and that is the man up above. I have my doubts about a lot but I know God is the reason for everything but would have to say were are not computer based which is my opinion and I'm sticking to it. The world that we are living in today is a test of our faith but the devil will not take the faith that I have in my awesome God because I know it is him who has watched over me for 21 years ND I love him for that.I WOUld have to say for me that the in question three that I don't like either but if I had to decide would say Ignorance is bliss because it's something I tend to say a lot. I don't want to dwell on that topic because the most important one is question and I think it was covered well. The three synopsis were good but its nothing like watching the actual movie to get every fine detail as to why this happened and how it actually occurred, but the synopsis was great to go by because I'm sure everyone doesn't have time to look at three movies in a week.

Management Skills and Organisation Essay Example | Topics and Well Written Essays - 1500 words

Management Skills and Organisation - Essay Example But not all persons learn well nor do they learn in the same way. In many cases there are barriers to learning that prevents effective transfer of knowledge, which can be social, economic, technical, or cognitive. This paper is a personal reflection on social barriers to learning. The importance of learning: In the context of this paper, learning is related to management and employment and not to university or school education. Hence education can be of a personal nature or a part of the organization (referred to as organizational learning). Learning on an individual level can be defined as â€Å"an exercise of constructing personal knowledge that requires the learner to be mentally active rather than passive; interpreting rather than recording information† (Maine Higher Education—Glossary 2007). Personally, I have another perception with regard to this topic. For me, learning is a lifelong process which can include both formal and informal approaches. As mentioned earlier, it is not always easy to keep updated because of certain socially constructed barriers. Another factor that signifies the need to learn is the concept of credential inflation which simply means the need for additional credentials in instances of equal qualification (Bills, p. 35). So, when I apply for a job, my architectural qualification alone may not be sufficient. I have to be proficient in communication skills, working in teams, cultural diversity, and any other skills that may be required by an employer. Apart from individual learning, an employee is required to be a part of the organizational learning as well. Argyris and Schon provide a simple concept of organizational learning which they define as â€Å"detection and correction of errors† (Dodgson, 1993, p. 52). Learning, according to them, can be single-looped or double-looped. The mere detection and correction of errors

Case Study Comparisons Essay Example | Topics and Well Written Essays - 250 words

Case Study Comparisons - Essay Example paper also analyzes the importance of CDHPs and how they help the insured understand and use information regarding costs as presented by the Institute of Medicine et al (2010) et al. Additionally, it provides in depth analysis of why CDHPs are comparatively cheaper compared to HMO and PPO plans (The Balser Group, 2013). To this end, the paper presents a comparative analysis of the available health insurance plans with an objective of determining the most feasible plan for an individual with no access to any form of federal assistance. Following the above analysis of PPO, HMO and CDHP plans, the benefits of CDHP plan far much outweigh its disadvantages, and offers comparatively better benefits compared to the other plans explored. For instance, the program offers additional and/or supplemental medical benefits to the insured. Further, research show that the program is popular among employees because it offers more design flexibility, and is favored by employers due to its package that allows employers to promote consumerisms and a framework for educating and motivating employees to be active participants concerning their individual health management. However, it is worth noting that enrolment of CDHP plans still lags behind PPO plan, this is attributed to the fact that PPO plans have high deductibles, thereby yielding immediate lower costs compared to CDHP. However, a point to note is that such an argument is skewed since employee objective is never concerned solely with immediate lower premium costs hence we expe ct the trend to change in the near future. Institute of Medicine (U.S.), Yong, P. L., Olsen, L. A., McGinnis, J. M., & National Academies Press (U.S.). (2010).  Value in health care: Accounting for cost, quality, safety, outcomes, and innovation : workshop summary. Washington, D.C: National Academies

Ethical Issue Essay Example | Topics and Well Written Essays - 1250 words

Ethical Issue - Essay Example While specialization is increasing in every area, hospitals are shuffling nurses from one unit to another with increased patient loads. Such cost effective measures compromise with the safety and quality and questions are raised on how ethical it is to do so. To make nurse staffing safe and appropriate, it was decided not to use nurse-to-patient ratios as a baseline standard for minimum safe staffing (Gallagher, Kany, Rowell, & Peterson, 1999). Nursing shortage in the United States is largely responsible for shifting nurses from one department to another. It is estimated that by 2010 there will be a shortage of about 800,000 nurses and this shortage already shows dire results (Bodley & Davis, 2003). The shortage is leading to delegation of patient care activities to nurses’ aides and unlicensed assistive personnel. Nurses do not have the managerial support or the control over their environments. Shifting nurses from unit to unit, imposing mandatory overtime, attrition in the p rofession is unlikely to abate. Psychiatric nursing is a specialized area where the availability of appropriate personnel remains a perennial problem. Patients in the mental health department need kindness and compassion during the acute phase of their illness but Nolan and Bourke (2001) point out that they were forced to live in poor social environment while they were being treated for severe mental illness. The nurses lacked the skills in interpersonal relationships. Nurses in the mental health department reported that the type of intervention had changed and there was a decreased emphasis on dynamic therapy (Nolan & Bourke). Treatment is now based on pharmacology and there was an increased use of cognitive therapies. Independent practice opportunities were lost while advanced certification and prescription authority had increased the scope

A perspective of modern labour relations Orange Business Services Research Paper

A perspective of modern labour relations Orange Business Services - Research Paper Example According to the research findings it can therefore be said that Charles Leadbeater one of the world’s leading authorities on innovation and creativity in organisations said, the primary role of organisations is to get work done. This necessitates that (1) organisations must motivate its people to work so that they contribute most effectively to the collective behaviour; (2) coordinate the collective output to ensure that it fits together and takes place in the right order; and (3) they must innovate continuously by learning, adapting and evolving with the demand of the environment in which they operate and explore opportunities for change. Yet experience dictates that this seemingly simple analogy: motivate; coordinate; innovate is in fact is most complex task for corporates across continents and commerce, some of which apparently are in the state of civil war. As old industrial world recipes of organisation, work and leadership are gradually becoming passà ©, organisations are innovating to find newer ways of motivating, coordinating and innovating simultaneously with more and more open and networked organisations. Wikipedia, Linux, eBay, YouTube, and many more organisations operating in that direction have raised questions on the concepts of traditional, top-down closed organisations. Organisations are now moving from highly collectivised and unionised environments to highly individualist entities bringing newer realities for labour relations. Amidst this, the author made an attempt to get the current perspective of labour relations in a successful multinational technology enterprise – Orange Business Services. The author interviewed unofficially the officials engaged in labour relations division. The objective was to understand how an old world enterprise such as French Telecom has evolved its labour relations to become one of most successful branded service provider worldwide. The choice of Orange business services was obvious as it is a glo bal leader in communication services with a highly technical workforce that are able to deliver coherent innovative services in spite of working in areas such as cloud and convergence where organisational hierarchies are difficult to prevail . Besides, Orange with a clientele of over 3700 multinational companies in the sphere of collaboration, customer relationship management, mobility, M2M and vertical solutions was a fit case for the study as the company is a recipient of many awards and accolades including the Best Global Operator award at the World Communications Award for four consecutive years (2006-2009) (the only company to have this); and the ‘World Class’ ranking for superior customer satisfaction for the tenth consecutive time (SITA, 2011). 2. Labour relations at Orange Business Services The author interviewed the Labour Relations Manager of Orange Business Services, by a prior appointment in their newly acquired premises where nearly over 2000 employees in v arious cadres were engaged. This office now housed all the employees which were working in three different parts of the city. However, the Labour Relations Manager agreed for this interview on an informal and anonymous basis. For the purpose of referencing, he advised to approach the company headquarters and obtain permission prior to interviewing. However, due to paucity of time and the requirement being largely to meet academic needs, the author went ahead with the interviews. Due to this

Famuss car rental Essay Example | Topics and Well Written Essays - 1750 words

Famuss car rental - Essay Example By doing a vigorous market research, the current trends, customer car rental habits and the intensity of rivalry among the existing rivals might be easily analysed. Along with this, market segmentation is also done to determine the target customers among others. Other than this, this essay also presents the unique selling proposition that might easily fascinate the customers towards itself among many other existing rival players in the market. And finally, the essay might also include a conclusion and a recommendation as well, that may enhance the operations and functions of the business in long run. The aims and objective of ‘Famus’s car rental’ The prime objective of Famus’s car rental is to offer value-added services to its customers at a competitive price so as to fulfil their level of satisfaction. This might act optimistically thereby helping, Famus’s car rental to enhance its position and loyalty within the hearts of the customers among others. Along with this, they also desire to present a very relaxing journey in all seasons so as to make it a memorable one for all its customers. This might prove effective for the organization of Famus’s car rental to improve its range of customer bases and its profitability as well. As a result, its demand and image in the market of UK might also get enhanced to a significant extent among many other rival players. The location of operations of Famus’s car rental Famus’s car rental might start up its new business in order to fulfil the demands and needs of the customers of United Kingdom as it is quite less competitive as compared to other markets i n the entire globe. Definition of trends The term is defined as the style or fashion or tendency of the customers of a specific region. However, the trends or preferences of the customers do not remain constant, but it keeps on changing at a rapid pace. Therefore, to cope up with the trends and preferences of the target customers, maximum extend of the entrepreneurs or brands desire to introduce varied types of inventive features within their products or services as presented by the theory of personality (McDonald & Hawkins, n.d). Similarly, the entrepreneurs operating in the segment of rented cars always try to offer the facility of vocational tours at a quite competitive cost. This is done to fulfil the desires or interests of the customers of United Kingdom to spend short holiday trips in varied places such as London, Britain, Wales, Netherlands and many others. It is done to attain refreshment from their monotonous working schedules and this enhanced the craze of rented cars in these regions. Thus, such trends of the market of UK might act as a boon for the organizations like Famus’s car rental to enhance its brand image and reputation in the market among others. It might also improve the

Seminar Unit 6 Research Paper Example | Topics and Well Written Essays - 250 words

Seminar Unit 6 - Research Paper Example of accessing and holding an idea yet to be manifested and have the familiarity of the inventive process, discipline, strength of will and enthusiasm to sustain that vision via the entire creative course and at the same time lead others into the materialization of that vision. Creativity is about appreciating the concepts overriding the creative process, which governs our creative deeds. Visionary leader is able to associate the entire globe as it is and the environment that will be influenced by that vision. It is important to study leadership because it is a fundamental element of human conditions. Leadership deals with managing people, therefore, leaders need to understand the traits of employees. Leadership is an art because it can be developed and enhanced. This is because it is easy to study leadership skills and techniques (Denhardt, 2012). The leadership I posses is transformational style because this type of leadership advocates for what would be referred to us intellectual stimulation. Offering a room for creativity free from many red tapes predisposes leader’s followers to a greater level of confidence. As a leader, it is better to be feared because it is easy to exert control, make popular decisions, and give

Persuasive Essay Example for Free

Persuasive Essay Obama Immigration Policy Illegal immigration has been a major issue in the United States (US), for those who leave their home countries for the American dream. These people are deported when found; completely up-rooted from lives they built. This affects illegal immigrants from men and women, which migrate illegally, to their children often, brought to the United States for a better chance at life. Furthermore, this piece will illustrate the issues illegal immigrants face along with a new policy, which has the potential to change lives for illegal immigrants with productive intentions. In June 2012, President Barrack Obama announced a new policy, which could delay illegal immigrants from experiencing deportation. The new policy is aimed at those who illegally came to this country as children, and who have generally stayed out of trouble since they got here (Simon, 2012). Under the administrations new plan, these immigrants would get a temporary, two-year waiver from deportation, and would also be eligible for a work permit (Simon, 2012). Those eligible can seek what amounts to a two-year deferment of any prosecution for being in this country illegally, a deferment, which is infinitely renewable (Fischer, 2012). Scott Horsley from the National Public Radio News (NPR) Stated, â€Å" the policy is aimed at people who came to the U. S. when they were under the age of 16, and whove lived here for at least five years. Those who have gone to school, finished school, gotten their GED, or served in the military, and who are not yet 30 years old. These are, if you will, the most innocent of illegal immigrants, those of whom Mr. Obama said they are Americans in every way but on paper. † This move could affect 800,000 to 1. million illegal immigrants. A few of my own family members could be affected by this. I have cousins, which came to the US illegally with their parents and have excelled since being here in the United States, but the threat of deportation is a constant reality. Some have been victims of crimes, and didn’t contact the authorities, for fear of being torn out of the lives they built. The new policy could be beneficial to my family as well as many other families who fear f amily members not coming home at the end of the day. This could be a temporary solution for the working class immigrants. A few arguments are that some think this back-door amnesty. Gov Jan Brewer stated, What he has done today is he is going to give documentation to nearly a million people that have arrived in our country illegally and not by the rule of law. † Another argument is that the Obama administration has decided to stop following laws already passed by Congress and act as if its preferred policies are law. More particularly, the DREAM Act, which failed to pass Congress. President Obama has used executive power to bring back parts of the DREAM Act, and is going along with policy rather than law. What President Obama has done is legal, but could set a regrettable precedent, where presidents in the future could refuse to follow laws because of disagreement with certain elements of those laws. Illegal immigrants are can apply for the two year waiver from deportation, but it is clear this is not a path to citizenship. Non-citizens will not be able to vote. These immigrants will also have to complete the same application process as all others do for work permits. Federal work permits will be given to those, which are granted prosecutorial deferment. I believe this new policy is a morally right decision. I personally have served in the armed forces with some of these immigrants, and a few have even defended the US better than some US citizens, for a country that does not want them. For example, one of my brothers in arms is a Philippine National, and while serving a deployment in Iraq his wife and newborn son were deported , which led to a long strenuous application process. To be blunt, it is a smack in the face to deport or prosecute veterans for immigration laws because they have served the US government and supported and defended the Constitution were to approve the new policy, immigration courts would be able to shift their focus to the illegal immigrants, which have bad intentions, criminal records, no tax record, or more blatantly put the individuals who should be prosecuted and deported. Some did not even know they were not citizens until they applied for drivers licenses, or college scholarships, etc. I just do not think it is right to deport or prosecute people who are not doing anything to hurt the United States, and if they show promise. So to recapitulate, the immigration policy was announced in June 2012. It has the potential to help, those brought to the US not by their own doing. Specifically, it helps anyone who was under the age of 16 upon illegal entry, has been in the US for five years, not more than 30 years old, veterans, and those with no criminal records.

What Social Factors Can Contribute To Mental Illness?

What Social Factors Can Contribute To Mental Illness? A mental illness is a psychological abnormality of an individual, and significantly affects the individuals emotional stability. There are different types of mental illnesses with different degrees of severity such as; depression, anxiety, eating disorders, schizophrenia, bipolar mood disorder and personality disorder. When a person develops a mental illness, emotions can be so overwhelming that they develop an inability to cope with everyday activities such as: work, socialising, and maintaining a relationship. In extremity, people who suffer from depression may find it difficult to physically care for themselves, or leave their home. The less common mental illnesses may involve psychosis; these include bipolar mood disorder and schizophrenia. People experiencing these types of psychosis lose their sense of reality, feelings and the world surrounding them. A psychotic episode may involve delusions and/or hallucinations which can confuse or threaten the individuals peers. (Sciencemus eum.2012) This essay will explore the social factors that can contribute to mental disorders, it will analyse the three dominant theories: the stress theory, social structure theory and the labelling theory. It will explore each theory in turn and look at the research, assumptions and criticisms. The sociological approach looks at the environmental or social factors, which are external to an individual. It suggests that, these factors can cause an overwhelming stress; leading to a breakdown in mental health. (Horwitz Scheid 1999:121) The stress theory is derived from the notion that when social stressors are accumulated, mental health problems are more likely to occur. The term stress or stressors was introduced in the mid 1930s by a physiological researcher, Hans Selye. When using these terms it is meant that stress is anything that causes the body wear and tear. Selye used laboratory animals to experiment; the stressors he used were extreme hot and cold temperatures, overcrowding of the animals in cages, and electric shocks. (Horwitz Scheid 1999:122). This experiment showed that when animals are exposed to such stimuli, they show three stages of reactions known as general adaptation syndrome (G.A.S). The first stage of reaction was flight or fight, the animal becomes aggr essive and ready to fight or retreat from the threat. In the second stage, the animal reacts with resistance; regaining equilibrium, it continues to combat the effects caused by the stress. The final stage is exhaustion; the bodys ability to defend itself becomes depleted leaving the individual more susceptible to infection or disease. Selye experiment proved a link between prolonged exposure to stress and illness. In the years to follow the research began to focus on the effects of stress in humans and social stressors (mainly major life events) (Horwitz Scheid 1999:122) Researches regarding major life events were carried out by Thomas Holmes and Richard Rahe. They defined major life events as: external changes which occur in peoples lives and require them to make major psychological adjustments. They proposed that increased amounts of readjustments could cause exhaustion of the ability to cope; this would cause the person to be at a higher risk of illness. Holmes and Rahe devised a life events checklist with 43 life stresses that may cause a person to make adjustments. The checklist was named the Social Readjustment Rating Scale (SRRS) Each event on the checklist was called a Life Change Unit (LCU), with a different weight for each type of stress. The more events the patient added up, the higher the score became. The higher the score meant the larger the weight of each event; this made the individual more likely to become ill. (McLean Link 1994:162) The checklist allowed social researchers to determine whether being exposed to social stressors coul d cause a breakdown in a persons health. The problems with Holmes and Rahes SRRS are that there were many major life events missing from the list, such as: exposing ones homosexuality and losing custody of a child. It also assumes that both positive and negative life events cause behavioural adjustments, leading to overtaxing ones ability to cope. Later research found that negative life events had a more severe impact on individuals psychological health than positive life events. (Ayers.S 2007:131). After years of research into the mental health effects of stressors, considerable variations have been found. There are three dominant approaches to explain these variations. The first approach looks at the stressor itself and examines its characteristics. When looking at the characteristics of the stressor and familiarising with Holmes and Rahes SRRS, there is a clear indication of the difference in the severity of affect for negative life events. Each event can vary in how stressful it is or how it affects a person emotionally; this is because of the differences in their desirability, predictability, controllability or their magnitude. (Thoits 1983:33-103) Research shows that the undesirable or uncontrollable events are the ones which have a greater detrimental effect. (Ibid). Although the first approach was originally designed to categorize the different ways that stressful situations effect people psychologically, what it actually helped to do was establish that different types o f stress manifest in different ways. For example, work or family based issues, effect people differently to financial problems or illness. Furthermore, the different characteristics of each instance in life alter how it affects the mind. So, the timing and circumstances surrounding a life event make a difference to how a person copes and any long term effects it will have.(Ibid). In contrast, the second theoretical approach focuses on the characteristics of the person who is experiencing the stressor. Variations in the effects of stressors, is a function of variations of a persons vulnerability or how they react to stressors. There has been a lot of research on coping and social support. When a person is dealing with negative stressors they rely upon social and personal characteristics, also known as coping resources. (Perlin Schooler 1978:2-21) The social and personal characteristics can be found in an individuals social network, this is where the individual will seek emotional or practical support. Such support systems can raise a persons self esteem, and help them to stay in control. Research examines to what extent individuals or groups vary in how much personal or social resources they possess e.g. self esteem, mastery and social support.(Ibid) The research indicates that the more of these resources people have, the greater the negative impact of stress ful life events are buffered. Overall, the studies carried out for this approach signify that people who have strong coping resources and have access to functional, structural and emotional support have the advantage of being able to tackle the psychological consequences of stressors, easier than those whom do not have personal or social resources.(Ibid) Lastly, the third theoretical approach attributes variations in psychological harm caused by stressful life events to variations in the larger social context surrounding stressors. Advocates of this approach argue that when an event or strain occurs, the social circumstances are important for explaining variations of their psychological effects. This is because they form the personal meanings and emotional significance of the stressors. Blair Wheaton (1990:209) shows that; a role loss such as divorce is often less distressing to individuals who have experienced a lot of marital stress, than for those who have a less stressful marriage. A similar study by Deborah Umberson (1987:306) indicates that widowhood brings more depression to people who suffer from household and financial strain than those who do not experience these stressors. The stress theory is well suited for the purpose of explaining why lower class people are more likely to have a mental illness than middle or upper class people. (Horwitz Scheid 1999:128) However, the theory is non specific for example, it does not explain how some groups are more susceptible to certain disorders than other groups such as: depression and anxiety are mostly experienced by women, and men are more susceptible to anti social disorders. (Ibid) Furthermore, this theory does not apply to all mental disorders such as psychoses: a very complex and serious disorder, which is better explained by biological explanations or ones childhood socialization. Price et al (1988) show experiments which indicate that interventions which alter an individuals coping strategy and offer social support and encouragement, do reduce negative emotional reactions to major life events. Therefore, the stress theory is a promising tool for administering mental health interventions. (Horwitz Schei d 1999:129) A blanket term used to describe more specific sociological theories regarding mental illness etiology is structural strain theory; which looks at the broader organizations of society and finds the basis of distress, and where some groups are at a disadvantage when compared to others. (Ibid) A useful example of structural strain theory is Mertons (1938) anomie theory; this theory attempts to explain criminal behaviour, rebellious behaviour, addictive behaviour, as well as mental illness. Merton uses the American society to explain his theory, he argues that the American culture highly emphasize how wealth and success are the most important values an individual can posses. They are taught that the highest goal in life is to strive for success, with education being the key means to achieve economic success. Mertons assumption is that most people agree that education is the most legitimate route to achieving success. There is a majority of the society who unfortunately have their means t o success blocked. (Horwitz Scheid 1999:130)These groups live in neighbourhoods which are poor and lack school facilities and competent teachers. Thus, they lack encouragement, preparation and funding for progression onto higher education. This causes class and race based discrimination within the schools and the workforce, leading to a defeat in efforts made to succeed when attempting to follow the legitimate paths.(Ibid) Mertons use of the term anomie describes a gap between the desire to be financially successful and the means of entry to acceptable education or employment. He argues that individuals who experience the gap will adapt by changing their goals or looking for alternative means. Merton described 5 adaptive responses, which are; conformity, ritualism, innovation, retreatism and rebellion (Morine.N:2009). The people who conform follow rules shared by the cultures goals, and carry out legitimate means to achieve them. Even if they are doubtful that their efforts will pay off. Ritualists give up on achieving success. However, they continue to behave in a socially acceptable manner; for instance working steadily in a job with low income and low prospects. The conformist and ritualist do not cause society many problems. Whereas, the innovator, retreatists and rebels cause major problems for society. (Ibid)This is because: innovators give up on success, but they still desire wealth and use ille gitimate means to achieve it such as; committing fraud or tax evasions. Retreatists also give up on success and retreat from the world surrounding them into substance abuse or become mentally ill.(Ibid) Rebels use threatening behaviour to achieve success, they reject socially acceptable goals and create new goals with new ways of achieving them such as; being involved in riots or social movements (Ibid). The main point of this analysis is to show how mental illness is a reaction to environmental demands and the result of an individuals legitimate pathways being blocked; due to the hierarchical or structure of society causing a disadvantage for some social groups. (Ibid) Most structural strain ideology of mental illness suggest that, macro strains in social and economic systems can cause increased rates of mental illness for certain groups. (Horwitz Scheid,1999:131) Emile Durkheim (1897) analyzed the social factors which can cause suicide; he found that the distributions of suicide within and across societies were unequal. Durkheim argued that the social integration of groups and societies differ. People are bound together by the balance of shared norms. These norms regulate a persons passion and maintain the ties to one another; in order to prevent unreasonable behaviour from acts of passion or emotional impulses. If a society is too weakly, or too strongly integrated, or are subjected to rapid changes it can cause conditions of structural strain. There are two main assumptions of this theory; the first is that, minority groups, women, the poor, unmarried people and the elderly are all at a socioeconomic disadvantage.(ibid) The second assumption is that high rates of mental health breakdowns are caused by the socioeconomic disadvantage. In comparison to the stress theory, the structural strain theory is better suited for explaining that mental illness is not distributed randomly in society, rather it is closely linked to socially or economically disadvantaged groups of society.(Ibid) It conveys that, the structure of society itself could contribute to the epidemiology of mental illness. The stress theory does not fully capture this idea and biological and psychological theories bypass it altogether. The disadvantages of the structural strain theory are that, structural theorists do not present how the broad social structures and socioeconomic trends are actualized in individuals lives. They also tend to give priority to econom ic factors and disregard other large scale changes such as, poor quality family relationships (absentee fathers, increased divorce rate and child or spouse abuse) which could affect mental health. (Horwitz Scheid 1999:132) Therefore, it is unclear of how the macro social trends cause psychological distress. It is not only socioeconomic disadvantage that are sources of stress, but interpersonal relationships can also be a contributing factor. It is interesting to note that, the structural strain theory has the same basis as the stress theory. The concept that the stress theory is essential to support the structural strain theory makes this theory weak.(Ibid) The societal reaction theory (labelling theory) is similar to the structural strain theory in the sense that they both offer a unique sociological explanation for the cause of mental illnesses; it is often referred to as the radical sociological explanation. The fundamental idea of the labelling theory is how the identity and behaviour of an individual can be influenced by how they are described and categorized by others in the society. (Pilgrim Rogers 1999:13) The theory looks at the linguistic tendency of a majority to negatively label those perceived as deviant from the shared norms, and is connected with the idea of a stereotyping and self-fulfilling prophecy. As a use of phenomenology, the theory speculates that the labels which can be applied to an individual can influence their behaviour. In particular, the application of stigmatizing or negative labels such as: criminal can promote deviant behaviour and therefore becomes a self-fulfilling prophecy. Consequently, the labeling theory assumes that social deviance can be prevented by using a social shaming reaction and replacing moral anger with tolerance.(Ibid) The labeling theory has been closely linked to the mentally ill. In 1966, Thomas Scheff published his writings: Being Mentally Ill. Scheff questioned the common perceptions of psychological disorders by declaring that mental illness is exhibited entirely as a result of societal influence. Scheff disputed that society perceives certain behaviour as deviant, and certain expectations are then placed on the individuals. Over a period of time this will unconsciously alter the individuals behaviour; in order to fulfil the expectations. The criteria given for different mental disorders are not always filled by the people who are diagnosed with them just because they all suffer from the same disorder. Scheff believed they are simply fulfilled due to the mentally ill being led to presume they are supposed to conform and act in a certain manner and eventually they do. (Pilgrim Rogers 1999:14) Scheff received multiple criticisms for his theory; the most notable critic is Walter Gove. (Pilgrim Rogers 1999:15) Gove has frequently argued an almost opposite of his theory; he feels strongly that society has very little influence on mental illness. Instead, he argues that any societal perceptions of people who are mentally ill are derived as a result of the individuals behaviour. Goves ideology is that, the mentally ill behave uncommonly due to their disorders, so they come to be treated as being different. Most of the sociology theorists view labeling and mental illness between the extremes of Scheff and Gove. It is difficult to deny, given both research findings and common sense; that perception society gives to crazy people has had a detrimental effect on them. Realistically, it seems that labeling can accentuate and perpetuate a mental illness. However, it is rare that it is the complete cause of the symptoms. (Ibid) Each of the sociological theories can be integrated. For example, structural strain theories have indicated that risks for certain social groups are created by the way in which societies are organized. (Horwitz Scheid 1999:137) The stress theory can assist in helping to bridge the gap between micro and macro structure, by giving an explanation of how structured risks are actualized as stressful events in peoples lives(Ibid) Also, the stress theory suggests that accumulation of strains and life events can overwhelm an individuals psychosocial resources and their ability to cope; thus leading to mental illness. This is similar to primary deviance in the labelling theorys terms. (Ibid) In conclusion, there has been a lot of research to prove a link between sociological ideology and mental illness. The stress theory proves how the more an individual is subjected to major negative stressors; the higher risk they have of psychological breakdown (flight or fight). Also, it indicates how an individuals coping resources can assist with overcoming psychological breakdowns (resistance) and lastly, how overwhelming exposure to stressors can cause exhaustion and a breakdown of an individuals mental state (exhaustion). (Horwitz Scheid 1999:122). The structural strain theory focuses more on society as a whole and determines which groups are more susceptible to mental illness. Groups of low social status, living in poor and disadvantaged areas are more susceptible to unemployment, being victims of crime etc and are more likely to become involved in illegitimate means to success or mental illness. (Horwitz Scheid 1999:130) The labelling theory then explains how the individuals who suffer from mental illness as a reaction to overwhelming stressors and/or being disadvantaged due to hierarchical or societys structure are then stigmatized and unfairly stereotyped. (Pilgrim Rogers 1999:13) It also shows a link that those who receive the label find it difficult to remove the label and often causing the individual to become entrapped with no other choice but to act in the way that they are meant to. (Ibid)

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Example of Business Contract 1. Your Relationship with PCFS Solutions. A. Introduction. The sale and performance of Professional Services (defined below) hereunder is subject to the terms of this Professional Services Agreement (the Agreement) between you (hereinafter you or Client) and PCFS Solutions, Inc. and its affiliates (hereinafter PCFS Solutions). PCFS Solutionss sale and performance of Professional Services under this Agreement shall be solely for Clients own internal use and not for resale. B. Definitions. Deliverables means the tangible and intangible materials, including reports, studies, base cases, drawings, findings, manuals, procedures and recommendations prepared by PCFS Solutions or its suppliers, licensors or subcontractors in the course of performing the Professional Services. Materials means all content and other items included with or as part of the Professional Services, Software or Deliverables. Professional Services means the services performed by PCFS Solutions as described in one or more Statements of Work. Software means any software, library, utility, tool, or other computer or program code, in object (binary) or source-code form, as well as the related documentation, provided by PCFS Solutions to you in connection with the Professional Services. Software includes software locally installed on your systems and software accessed by you through the Internet or other remote means (such as websites, portals, the PCFS Solutions Platform, and cloud-based solutions). Statements of Work are separately signed mutually agreed upon documents that outline the scope of the Professional Services, time period for service delivery (including any milestone requirements), requisite service steps, and payment terms. Third-Party Products means any non-PCFS Solutions-branded products, software or services. C. Additional Agreements. This Agreement together with any accompanying Statements of Work, forms a legally binding contract between you and PCFS Solutions in relation to your purchase and PCFS Solutions performance of Professional Services. Each Statement of Work will be interpreted as a single agreement, independent of any other Statement of Work, so that all of the provisions are given as full effect as possible. In the event of a conflict between these agreements, the terms of these documents will be interpreted in the following order of precedence: (1) Statement of Work; (2) this Agreement. D. Payment. I. Payment Terms. Unless otherwise agreed to by PCFS Solutions, payment of invoices must be received by prior to commencement of the Professional Services. Client will pay PCFS Solutions fees for the Professional Services calculated using the rates set forth in the Statement of Work within 30 days after receiving invoice(s) for such fees. 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All amounts invoiced pursuant to this Agreement are payable in full and without reduction for Taxes. If PCFS Solutions has a legal obligation to pay or collect Taxes for which Client is responsible under this section, the appropriate amount shall be invoiced to and paid by Client, unless Client provides PCFS Solutions with a valid tax exemption c ertificate authorized by the appropriate taxing authority. IV. Prices. The prices charged for Software and Professional Services purchased under this Agreement shall be the amounts set forth in the Statement of Work. 2. Scope of this Agreement. This Agreement authorizes you to purchase Professional Services from PCFS Solutions in accordance with one or more Statements of Work that explicitly incorporate this Professional Services Agreement. 3. Confidentiality. In connection with this Agreement, each party may have access to or be exposed to information of the other party that is not generally known to the public, such as Software, Materials, product plans, pricing, marketing and sales information, Client lists, know-how, or trade secrets, which may be designated as confidential or which, under the circumstances surrounding disclosure, should be treated as confidential (collectively, Confidential Information). Confidential Information may not be shared with third parties unless such disclosure is to the receiving partys personnel, including employees, agents and subcontractors, on a need-to-know basis in connection with this Agreement, so long as such personnel have agreed in writing to treat such Confidential Information under terms at least as restrictive as those herein. 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PCFS Solutions may suspend, terminate, withdraw or discontinue all or part of the Professional Services or your access or one or more users access to the Software upon receipt of a subpoena or law-enforcement request, or when PCFS Solutions believes, in its sole discretion, that you (or your users) have breached any term of this Agreement or an applicable Statement of Work or are involved in any fraudulent, misleading or illegal activities. 8. Software. A. Accompanying License. Software and Materials may be provided subject to a separate software license agreement, product guides, operating manuals or other documentation included with the software or presented to you during the installation or use of the Software. You agree to be bound by such license agreements. B. Software License from PCFS Solutions. 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You may not license, sell, assign, sublicense or otherwise transfer or encumber the Software; may not use the Software in your own delivery of managed-services to third-parties or in a service bureau arrangement; and may not use the Software in excess  of the authorized number of licensed seats for concurrent users, sites or other criteria specified in the applicable Statements of Work. In addition, Client may not access the Software or monitor its availability, performance or functionality, or for any other benchmarking or competitive purpose.You are further prohibited from (1) attempting to use or gain unauthorized access to PCFS Solutions networks or equipment; (2) permitting other individuals or entities to use the Software or copy the Software or Professional Services; (3) attempting to probe, scan or test the vulnerability of Software or a system, account or network of PCFS Solutions or any of its Clients or suppliers; (4) interfering or attempting to interfere with service to any user, host or network; (5) transmitting unsolicited bulk or commercial messages; (6) restricting, inhibiting or otherwise interfering with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Software (except for tools with safety and security functions); or (7) restricting, inhibiting, interfering with or otherwise disrupting or causing a performance degradation to any PCFS Solutions facilities used to deliver the Professional Services. II. Audit. You hereby grant PCFS Solutions, or an agent designated by PCFS Solutions, the right to perform an audit of your use of the Software during normal business hours; you agree to cooperate with PCFS Solutions in such audit; and you agree to provide PCFS Solutions with all records reasonably related to your use of the Software. The audit will be limited to verification of your compliance with the software licensing terms of this Agreement. 9. Additional Terms. A. Limited Warranty. PCFS SOLUTIONS WARRANTS THAT ITS SERVICES SHALL BE PERFORMED BY QUALIFIED PERSONNEL IN A MANNER CONSISTENT WITH GOOD PRACTICE IN THE INFORMATION TECHNOLOGY SERVICES INDUSTRY. IF PCFS SOLUTIONS BREACHES THIS WARRANTY, IT SHALL SUPPLY SERVICES TO CORRECT OR REPLACE THE WORK AT NO CHARGE. THE REMEDY SET FORTH IN THIS SECTION IS CLIENTS EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. PCFS SOLUTIONS WARRANTS THAT IT HAS THE RIGHT TO GRANT THE LICENSES TO THE SOFTWARE LICENSED IN SECTION 8 ABOVE, AND SUCH SOFTWARE WILL SUBSTANTIALLY CONFORM TO THE FUNCTIONAL SPECIFICATIONS AND CURRENT DOCUMENTATION PROVIDED BY PCFS SOLUTIONS. THIS WARRANTY DOES NOT COVER SERVICE NOT PERFORMED OR AUTHORIZED BY PCFS SOLUTIONS (INCLUDING INSTALLATION OR DE-INSTALLATION), USAGE NOT IN ACCORDANCE WITH SOFTWARE INSTRUCTIONS, OR USE OF PARTS AND COMPONENTS NOT SUPPLIED OR INTENDED FOR USE WITH THE SOFTWARE OR SERVICES. EXCEPT AS EXPRESSLY STATED IN THE THIS SECTION 9(A), PCFS SOLUTIONS, (INCLUDING ITS AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS (COLLECTIVELY, THE PCFS SOLUTIONS PARTIES) MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY OF THE SOFTWARE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY OR NON-INFRINGEMENT; (2) RELATING TO THIRD-PARTY PRODUCTS; (3) RELATING TO THE PERFORMANCE OF SOFTWARE OR PCFS SOLUTIONSS PERFORMANCE OF THE SERVICES OR WHETHER THE SOFTWARE OR SERVICES ARE SUITABLE FOR HIGH-RISK ACTIVITIES; OR (4) REGARDING THE RESULTS TO BE OBTAINED FROM THE SOFTWARE OR SERVICES OR THE RESULTS OF ANY RECOMMENDATION BY PCFS SOLUTIONS. B. Limitation of Liability. TO THE EXTENT PERMISSIBLE BY LAW, PCFS SOLUTIONS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR SERVICES PROVIDED HEREUNDER. EXCEPT FOR YOUR BREACH OF SECTION 1.D.I. OR SECTION 8, OR ANY CLAIM BROUGHT PURSUANT TO SECTION 9(C), NEITHER PARTY SHALL HAVE LIABILITY FOR THE FOLLOWING: (1) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (2) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (3) LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; (4) BUSINESS INTERRUPTION OR DOWNTIME; OR (5) DELIVERABLES OR THIRD-PARTY PRODUCTS NOT BEING AVAILABLE FOR USE. IN NO CIRCUMSTANCES, SHALL PCFS SOLUTIONSS TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO PCFS SOLUTIONS UNDER THE APPLICABLE STATEMENT OF WORK. THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR PCFS SOLUTIONSS SALE OF SOFTWARE OR SERVICES TO CLIENT, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. C. Indemnification. PCFS Solutions shall defend and indemnify you against any third-party claim or action that Software, Professional Services or Deliverables (excluding Third-Party Products and open source software) prepared or produced by PCFS Solutions and delivered pursuant to this Agreement infringe or misappropriate that third partys U.S. patent, copyright, trade secret, or other intellectual property rights (Indemnified Claims). In addition, if PCFS Solutions receives prompt notice of an Indemnified Claim that, in PCFS Solutionss reasonable opinion, is likely to result in an adverse ruling, then PCFS Solutions shall, at its option, (1) obtain a right for you to continue using such Software, Deliverables or allow PCFS Solutions to continue performing the Professional Services; (2) modify such Software, Professional Services or Deliverables to make them non-infringing; (3) replace such Software, Professional Services or Deliverables with a non-infringing equivalent; or (4) refund any pre-paid fees for the allegedly infringing Professional Services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing Product, Deliverables or Software. Notwithstanding the foregoing, PCFS Solutions shall have no obligation under this Section for any claim resulting or arising from (1) modifications of the Software, Professional Services, or Deliverables that were not performed by or on behalf of PCFS Solutions; (2) the combination, operation, or use of the Software, Professional Services or Deliverables in connection with a Third- Party Product (the combination of which causes the claimed infringement); or (3) PCFS Solutionss compliance with your written specifications or directions, including the incorporation of any software or other materials or processes provided by or requested by you. PCFS Solutionss duty to indemnify and defend under this Section 9.C. is contingent upon: (1) PCFS Solutions receiving prompt written notice an Indem nified Claim, (2) PCFS Solutions having the right to solely control the defense and resolution of such Indemnified Claim, and (3) your cooperation with PCFS Solutions in the defense and resolution of such Indemnified Claim. This Section 9.C. states Clients exclusive remedies for any third-party intellectual property claim or action, and nothing in this Agreement or elsewhere will obligate PCFS Solutions to provide any greater indemnity to Client. You shall defend and indemnify PCFS Solutions against any third-party claim or action arising out of (1) your failure to obtain any appropriate license, intellectual property rights, or other permissions, regulatory certifications, or approvals associated with technology or data provided by you, or associated with software or other components directed or requested by you to be installed or integrated as part of the Software, Professional Services or Deliverables; (2) your breach of this Agreement; (3) any inaccurate representation regarding the existence of an export license or any allegation made against PCFS Solutions due to your violation or alleged violation of applicable export laws, regulations, or orders; or (4) your providing of (or providing access to) Excluded Data (defined below) to PCFS Solutions. Each party shall defend and indemnify the other party against any third-party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying partys gross negligence or willful misconduct in the course of performing its obligations under this Agreement. D. Independent Contractor Relationship; Assignment; Subcontracting. The parties are independent contractors. No provision of this Agreement will or shall be deemed to create an association, trust, partnership, joint venture or other entity or similar legal relationship between PCFS Solutions and Client, or impose a trust, partnership or fiduciary duty, obligation, or liability on or with respect to such entities. Neither party will have any rights, power or authority to act or create an obligation, express or implied, on behalf of another party except as specified in this Agreement. PCFS Solutions has the right to assign, subcontract or delegate in whole or in part this Agreement, or any rights, duties, obligations or liabilities under this Agreement, by operation of law or otherwise, provided that PCFS Solutions shall remain responsible for the performance of Professional Services under this Agreement. Otherwise, neither party may assign this Agreement, in whole or in part, without the permission of the other. E. Force Majeure. Neither party shall be liable to the other for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control, such as fire, flood, war, cyber warfare, including, but not limited to, Internet-based conflict and attacks on information systems designed to or resulting in the disabling of websites and networks, embargo, strike, riot or the intervention of any governmental authority (a Force Majeure). In such event, however, the delayed party must promptly provide the other party with written notice of the Force Majeure. The delayed partys time for performance will be excused for the duration of the Force Majeure, but if the Force Majeure event lasts longer than 30 days, then the other party may immediately terminate, in whole or in part, this Agreement or the applicable Statement of Work by giving written notice to the delayed party. G. Entire Agreement; Severability. This Agreement, together with any Statement of Work, is the entire agreement between you and PCFS Solutions with respect to its subject matter and supersedes all prior oral and written understandings, communications, or agreements between you and PCFS Solutions. No amendment to or modification of this Agreement, in whole or in part, will be valid or binding unless it is in writing and executed by authorized representatives of both parties. If any provision of this Agreement should be found to be void or unenforceable, such provision will be stricken or modified, but only to the extent necessary to comply with the law, and the remainder of this Agreement will remain in full force and will not be terminated. H. Governing Law. This Agreement, any related Statement of Work, and ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND PCFS SOLUTIONS, including their affiliates, contractors and agents, and each of their respective employees, directors and officers arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement) any related purchase (a Dispute) shall be governed by the laws of the State of California, without regard to conflicts of law. I. Venue. The parties agree that any Dispute shall be brought exclusively in the state or federal courts located in Orange County, California. Client and PCFS Solutions agree to submit to the personal jurisdiction of the state and federal courts located within Orange County, California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. J. Bench Trial. The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute. K. No Class Actions. NEITHER CLIENT NOR PCFS SOLUTIONS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CLIENTS, OR PURSUE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. L. Limitation Period. NEITHER PARTY SHALL BE LIABLE FOR ANY CLAIM BROUGHT MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION FOR SUCH CLAIM FIRST AROSE. M. Dispute Resolution. Client and PCFS Solutions will attempt to resolve any Dispute through face-to-face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mediator agreed to by the parties, rather than through litigation. The existence or results of any negotiation or mediation will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a state or federal court in Orange County a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitations period, or preserve a superior position with respect to other creditors, although the merits of the underlying Dispute will be resolved in accordance with this paragraph. In the event the parties are unable to resolve the Dispute within 30 days of notice of the Dispute to the other party, the parties shall be free to pursue all remedies available at l aw or in equity. N. Scope of Services. Subject to the terms and conditions of this Agreement, Company will perform those services (Services) with respect to the Company products separately purchased by Client (Company Commercially-Available Software) as set forth in one or supplemental document(s) (Statement of Work), attached hereto as Exhibit A and as amended and/or supplemented from time to time by the mutual written agreement of the parties and incorporated herein by reference. A Statement of Work will be, at a minimum, a written document that (i) references this Agreement, (ii) describes the Services to be performed (and if said Services shall include the creation of object code, such object Code is defined herein as Deliverable), (iii) specifies the corresponding rate schedule or other fee information, and (iv) is signed by both parties or is issued by one party and signed by the other party. Company will use commercially reasonable efforts to complete the Services by the applicable dates set forth in the attachment (Target Dates). O. Change Orders. Any changes to the scope of the Services must be made in writing and signed by both parties (Change Order) or if the Change Order is made via email to the other partys designated contact person, the receiving party will have five business days to reject the Change Order. If said rejection is not made within the 5 business day period, the Change Order is deemed mutually accepted. Each accepted Change Order will be incorporated herein by reference and subject to the terms and conditions of this Agreement. P. Execution This Agreement may be executed and delivered by facsimile/PDF and the parties agree that such facsimile execution and delivery will have the same force and effect as delivery of an original document with original signatures, and that each party may use such facsimile signatures as evidence of the execution and delivery of this Agreement by all parties to the same extent that an original signature could be used. IN WITNESS WHEREOF, the parties by their duly authorized representatives have executed this Agreement as of the Effective Date.

My First Car Essay -- Observation Essays, Descriptive Essays

It was a cold December night shortly after dusk, a likely setting for an event that would prove to be life altering. As fate would have it, this would be the night that I lost the material possession that truly meant the most to me. I would lose the one thing that gave me much pride and joy and excitement. I often think back and liken us to a newlywed couple, for we had only been together for 18 months and were still very much honeymooning. It was a night, a moment, that even now scoffs and mocks me as I travel thither and yonder with her replacement. But she can never be truly replaced and to call my current fix a replacement seems like a sort of blasphemy. I called her my Blue Angel. That's right! She was a brand new 1999 Atlantic blue Ford Mustang fully equipped with white racing stripes on each side, dark window tint, a rear spoiler, and a post-factory sound system that I installed personally just to complete the "dream ride" effect. We met on April 24, 1999,when my parents introduced us and told me she was all mine as a reward for graduating high school as valedictorian. And what a reward she turned out to be. We went everywhere together. I took her out to eat. When I'd go play ball somewhere, she went with me. Every day from April 24, 1999, to December 22, 2000, we were together. We were bonding in a way a young man can bond with no other, and there truly was no other for me. Other guys had bigger trucks and faster cars, but where my Blue Angel was lacking in size and power, she more than made up for in pure, unadulterated, raw emotion, She never let me down; she was always looking her best and never longing for attention from me or any of the other countless admirers and fans she won over for... ...ere living on love, my new friend and I are nothing more than meager acquaintances. His windows are not tinted, he does not have a backseat, and he lacks a decent stereo system, not to mention the whole appearance issue that made my previous relationship so special. He's not as fast or comfortable. He doesn't hug the road well at all. He's harder to handle and maneuver. He does have more cargo space and a wider wheel balance but what does that really mean? Really? I am fairly confident that one day I will meet another very similar to my beloved Blue Angel; but at this point in my life she could never mean the same. That level of thinking has passed. Things of importance are much different now than they were back then, but that hardly changes what she meant to me. She was special and will always hold a special place in my heart- I miss her dearly.

Human Cloning: Science or Madness? Essay -- Argumentative Persuasive T

Human Cloning: Science or Madness?      Ã‚  Ã‚   Despite evidence that nearly all cloned animals are plagued by significant genetic abnormalities, two scientist groups have announced their plans to impregnate women with cloned embryos, each proposing to create the world's first cloned human being.    Clones are created by injecting genetic material from a single cell of one person is into an egg cell that has had its genes removed. The cell is then stimulated to act like a fertilized egg and divide, becoming an embryo. Once the embryo reaches an appropriate stage it is then implanted into a woman's womb, and the resulting baby would be like an identical twin to the donor.    Since the cloning of the sheep named Dolly in 1997, scientists have been working hard to create cloned human embryos for research and reproduction. During a hearing on human cloning, Panayiotis Zavos, a Kentucky based reproductive expert, told scientists, "The research must go on." Zavos is working with Italian fertility specialist Severino Antinori, who gained headline news in 1994 when he enabled a 62-year old woman to have a baby. Along with the Zavos and Antinori team are the scientists with Clonaid, an extraterrestrial Raelian movement based in Canada who claims cloning our bodies is the next step towards everlasting life.       Dr. Bridgette Boisselier is a Raelian Bishop and director of the human cloning project at Clonaid. The Raelian movement claims humanity was created by "space scientists," and "once we can clone exact replicas of ourselves, the next step will be to transfer our memory and personality into our newly cloned brains, which will allow us to truly live forever. Since we will be able to remember all our past, we wil... ...t proponents of human cloning claim this technology will help couples with infertility problems. Bragdon v. Abbot, 118 S.Ct. 2196 (1998), is cited as evidence that infertility is a disability and reproduction is a major life activity that is a fundamental human right. Human cloning advocates argue the development of a technology that can give an infertile and childless couple the right to reproduce, have a healthy biological child of their own, completing their biological "life cycle," is a constitutional right that should not be outlawed.    Works Cited: National Institutes of Health, NIH Update on Existing Human Embryonic Stem Cells, August 2001 The Associated Press, Votes Kill Efforts to Use Embryos for Research, August 2001 The White House: Office of the the Press Secretary, White House Fact Sheet Embryonic Stem Cell Research, August 2001