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FAQs
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As a defense attorney, how would you handle having to “break” someone on the witness stand that you may believe is a victim of y
Shades of Nero Wolfe! I am not and never have been a criminal defense attorney, but in my articles I have occasionally been assigned issues of criminal law or procedure, so have isolated bits of knowledge. I do believe, however, that criminal defense lawyers are in the front lines of those who defend democracy since their constant job is to see that every defendant receives a fair trial before an impartial adjudicator and that the result is supported by the trial evidence properly admitted. Plus they seem to always have the best stories.I once did have a witness, not mine, who more or less “broke” during a trial. This was a state court matter. My client owned a business selling cell phones and leasing service for them. The future defendant came in and purchased a cell phone and service, and for some reason signed the related documents over the course of two days instead of all at once. I don’t remember why and it didn’t matter to the trial. He paid the phone fee on the second day, but refused to pay for service over the course of nearly three months. His reason for not paying, he said, was that he was “testing” the service. My client had records of the numbers he called and the length of time for each call. I had taken his deposition, and he had admitted he signed each document I showed him concerning the purchase. The only real issue was whether his claim of testing the phone service was going to stand up.For our trial judge, we drew an older man who probably presided at God’s case against Cain, but was one of my favorites because he was experienced, didn’t like having his time wasted but would listen politely, and knew contract law. It was an excellent draw for us since I wouldn’t have to spend time explaining how contracts worked.The defendant showed up for trial with another fellow he introduced as his cousin and said he had been with him on the second day when he signed the rest of the documents and picked up his phone. I assumed the cousin was there to try to bolster the defendant’s claim of testing. But if they hadn’t already discussed the case, I was going to deny them the opportunity to coordinate further, so I invoked the “Rule” at the start, meaning the exclusionary rule that said anyone not a party had to wait outside in the hall until called.I started with the defendant. I put him on the stand and we began the basic stuff - the contract and its terms. I asked him the same stuff I had in the defendant’s deposition - “do you recognize this exhibit? what is it? is that your signature on page #?” Usually these are pretty routine, but the defense hadn’t wanted to stipulate admissibility, so I was just laying the groundwork. Needless to say, there was nothing in the documents about a period for testing, but there were warranties. So I am just loping along doing something I had done lots of times before and then …For some reason never made clear, the defendant decided to deny he had signed the second day’s paperwork. This really was the less important stuff, but it had warranty language in it, so one would think he would want it in. I suspect he just lost track or panicked. I am standing there with the transcript of his deposition in plain sight in front of me. It even had little paper tabs in it. I was careful not to react in any way to his denials - just a bit about being sure he looked in the right place and knew he’d seen them before. I took him through the rest of the paperwork and he insisted he hadn’t signed anything on day 2. No one seemed to catch it except my client. But what I did next got the judge’s attention because it was unusual.I asked the judge if I could suspend the defendant’s testimony for a bit, subject to recalling him later, while I called another witness out of order to “clarify” a point. Still no penny dropped with the defendant or, as far as I could tell, with his attorney, although I noticed the trial judge changed his posture so I figured he knew something was up and it had to do with the signatures. The judge let me call the cousin in from the hall, and now looked alert, waiting to see what was going on.The defendant went back to his seat beside his attorney and there was a lot of whispering until the judge shushed them. I called the cousin in from the hall, telling him only that we were going to be there for a while yet, and were taking him early so he wouldn’t have to stand around in the hall any longer than necessary. Now he is not my witness, so I designated him as hostile before I called him in so I could lead him some, but there really wasn’t much need.He obligingly recognized his cousin’s signatures on all of the documents, even correcting me when he thought I missed one, and explaining that he was present when the paperwork was all signed. He was pleasant, cheerful, and completely oblivious to the implications, so I knew they hadn’t discussed denying the signature beforehand - plus I still had the deposition statements to whack the defendant with if necessary. But it wasn’t.After the cousin finished and was excused, subject to later recall by the other side, the judge invited counsel up to the bench. And here is where experience mattered. The judge caught on that I wouldn’t have done what I did if the defendant hadn’t lied about signing some of the documents.I don’t use profanity, so I will use *** instead. The judge was annoyed by the defendant’s obvious lies. In whispers, the judge asked me if I had any further evidence regarding the question of the defendant’s signatures on the documents we’d been discussing and this was when the defendant’s lawyer woke up. He tried to object to the question, but the judge burnt him with a look that was better than a ruling. I just said I had a transcript of his deposition during which his memory was different, and that was all I said. The judge gestured to the defendant’s lawyer to come a bit closer (he’d backed up some during the burning) to the bench and the judge said words to the effect that his “G**D*** client had better settle with me before he was judicially determined to be a ***** perjurer and maybe recommended for prosecution for wasting the court’s time on a ****show like this case, and he was giving us a recess to resolve it without his [the judge] having to listen to any more **** from the *********** defendant.So we went outside, the defendant’s attorney “conferred” with his client, and we did just what the judge ordered. I never did find out why the defendant thought three months of free testing was appropriate.
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Why was the F-117 retired so quickly?
.“If it don’t look right, then it don’t fly right.” Ancient aviation saying. I thank Donnie Morrow for sharing it with us.Okay, military pilots and people, get ready for a good laugh: the reason the F-117 was retired early was simple:It didn’t look right.Oh, I can hear the gales of laughter right through my screen. Look, you really don’t have to flame me. Just two words will do: you wrong.But look at this:And this:Yuck! That is not a plane a self-respecting USAF fighter pilot could love. One Commenter, Erin Samai, saw this “fighter” at the Farnborough UK Airshow and likened it to a “flying tent.”While we’re talking fighter, I notice that no other Answer gives the real reason this “boutique bomber” —Rajan Bhavnani’s great term—was strangely designated F-117.The reason was that crafty Air Force brass wanted to lure high caliber pilots. Those would be fighter jocks. A jock would see that F and think, ‘Oh boy, I’m gonna be flying some super secret high performance fighter!’ Certainly not a flying tent. Or, more technically, not flying a “stealth attack aircraft,” aka, invisible bomber.Fighter pilots live and love to dogfight, not driving bomb dumpers. Yawn. And there was no way in hell F-117 could dogfight: it carried no weapons for air-to-air combat. So imagine those hi-cal pilots’ dismay when they clapped eyes on the Nighthawk: “WTF is this? Guys, this thing ain’t no fighter! We been hornswoggled!”In Operation Desert Storm, Saudi’s named the F-117 "Shaba,” Arabic for "Ghost."Since other Answers provide such extraordinary technical details—I’ve learned a lot—I shall do what I always do in these circumstances: tell stories.In the late ’70s, I was in flight training at Burbank Airport (now Bob Hope Airport), north of L.A. I chose this field for its interesting array of flight operations: training, airline, corporate (flying “heavy iron,” pilot-speak for biz jets such as Gulfstream, Bombardier, et al) Many of these sleek mini-airliners were owned by movie stars from nearby Hollywood.There was another operation, an extremely secretive one: Lockheed’s famed Skunk Works. The U-2 and SR-71 Black Bird spy planes were designed here by aeronautical super star Clarence L. “Kelly” Johnson. (February 27, 1910 – December 21, 1990) His sinister black hangar stood just across the field from my training base, wreathed in mystery.Johnson (left) with Gary Powers and U-2. On 1 May 1960, Powers was shot down over the USSR, causing a major Cold War incident. The Soviets, in their frantic efforts to down his U-2, shot down one of their own MIG-19 fighters, killing the pilot.“Oh hey! Sure, come on up. I bet we won’t be able to do this in the future ….”At Burbank I befriended the tower controllers and would often climb up to the glassed-in cab—impossible these days, of course. One morning I came up and a controller said, Oh, you missed some fun last night, Cameron.Seems the Air Force had called up and ordered them to douse the lights on the field at precisely midnight. The controllers pointed out that legally they couldn’t do that. The Air Force played their ace: the “national security” card. The controllers didn’t fold. Nope. USAF had to settle for dimmed lights.At midnight, a gigantic C-5 ( for you non-pilots, this is the largest USAF cargo plane) landed and trundled over to the Skunk Works, sticking its monster snout into their black hangar. Tall shrouds were erected to block view of the C-5’s loading ramp. Grim USAF security in trademark blue berets and automatic weapons established a perimeter around the mammoth plane. It hastily gobbled up something skunky and flew off.Lockheed C-5 Galaxy. Its cargo deck is 1 foot longer than the Wright Brother’s first flight.Next day, the field was abuzz as controllers, pilots and ramp boys speculated on That Top Secret Thing snatched from the Skunk Works. Was Lockheed “reverse engineering” an alien craft? Gee, do you think the government really has…alien pilots on ice? Whatever. It was the usual UFO clap trap.Now, this amuses me about our Air Force. They love to go: “DON’T LOOK! THIS IS TOP SECRET!” So, of course, we all look. If that midnight C-5 had just landed at high noon, trundled in like any normal C-5 and, ho hum, gobbled up some plain ol’ package—no shrouds, no blue berets—and took off, well, no one would have batted an eye. No alien nonsense. But no fun for USAF, either.Much later, we’d learn that the skunky thing was Have Blue, prototype of a revolutionary aircraft designed to evade radar detection. Ironically, the father of stealth was Soviet mathematician Petr Ufimtsev. Fortunately for the United States—remember, this was in the Cold War—Lockheed engineer Denys Overholser took Ufimtsev’s work seriously; his own people, the Soviets, hadn’t.Have Blue incorporated decades of secret aeronautical design work. Now, in the belly of that C-5, she was headed for her first flight at a field so secret, it didn’t exist. There, an assemblage of Air Force brass and Lockheed engineers would watch, holding their breath. Then, as Have Blue climbed away, there would be cheers, high fives and hugs, and, sure, a tear or two from aeronautical engineers who had labored so long and secretly on this peculiar airplane.Have Blue. 60% scale F-117 prototype. (Scott Hanson informs me these weird names are produced by a random name generator to remove human bias)Top photo below: Until the advent of Google Earth, the Air Force denied Area 51 existed. “Don’t you look, ‘cause it ain’t there!”Bottom Photo: F-117s at Langley AFB , Virginia. 64 were built.Flash forward a couple of years. I open the Los Angeles Times and, wow, there’s this big article about some USAF plane crashing in the remote mountains above Bakersfield. Now, normally such an event might rate a few lines of copy on page 15. Not this one. What was the big deal?The big deal was that the Air Force had called up all the major news outlets for an important press conference. OK, about what?Well, the Air Force Press Officer told the assembled journalists, we’ve thrown a “National Security Zone” around a crash site up in the mountains. Huh? Say what? One reporter asked to what altitude this zone extended. “To infinity.” WHAT? “Don’t look! Don’t look!” Big article. Much more fun than just saying nothing—which would have been logical given the remote location of the crash.Years later, we’d learn that the unfortunate craft was our little Have Blue. From the first, she had stability issues. Pilots nicknamed her the Wobblin’ Goblin. Luckily the pilot bailed out okay.F-117s were temperamental and required exceptional maintenance.Let’s return to my point about pilots and the (sexual) aesthetics of their fighter jets. Oh go ahead, laugh! I say sex is an unspoken factor here—and sometimes spoken, as you’ll see in a sec.There’s an old adage in the world of business: sex sells. Never truer than in the fighter jet business.In 1993, the Pentagon established a massive $200 Billion winner-take-all Joint Strike Fighter competition. Two candidates, Boeing’s X-32 and Lockheed Martin’s X-35 went nose-to-nose.I looked at them. Now, I’m no fighter jet expert, but without knowing anything about them, I knew, knew the Lockheed would win. Hands down. End of discussion.Boeing X-32Lockheed Martin X-35Why so certain? Well, look at them. The Lockheed is sleek and sexy in its graphite paint scheme, its come-hither canopy and raked tails. It’s a fighter jock’s dream! The X-32 is anything but. It’s more like—forgive me, Boeing—a happily vomiting albino frog with wings. Am I too unkind?In the testosterone-drenched world of fighter pilots, flying a sexy airplane is like going on a hot date. Seen Top Gun? The Grumman Tomcat is as much the star as that other Tom. I’ll go out on a wing: Tomcat was the sexiest airplane ever to fly. Show me another airplane that could upstage a movie star.Beyond the beauty of its lines, swing-wing Tomcat could fly faster—1544 mph and further, 575 mi—than its successor, the uninspiring McDonnell Douglas Hornet, (1190 mph and 460 mi.) And Tomcat regularly blew off Air Force jocks in mock air battles.But Sec of Defense Cheney had an inexplicable hostility toward the plane: it was a Grumman “jobs program.” (Oh come on! What defense program isn’t?) It had “60’s technology”(ever heard of…upgrading?) He denied a last-minute Navy plea to keep a few beloved, yowling Tomcats around.Some say he was bribed by Boeing. Could be. He certainly went to extraordinary lengths to make sure Tomcat never flew again, ordering Grumman to destroy all its machine tooling, making it impossible to build future planes. (Can you imagine being the veteran Tomcat builder ordered to do that?)The only ones flying now (July 2019) are Iranian. Which it is why it’s illegal to own one. Parts. Tomcats can be found on static displays around the country. Note: for those of you interested in owning a fighter, you can have an F-4 Phantom for $3MM.By any measure, the F-14 Tomcat was a magnificent fighter. It’s “variable geometry” swing wings were unique. It certainly deserves a place in the pantheon of fighter greats: Spitfire, MIG-15, Bf-109, P-51 Mustang, Mitsubishi Zero, Sopwith Camel. You probably have other candidates.I am saddened that Mr. Cheney lacked the vision to appreciate Tomcat.Oh, well—’sigh’—we’ll always have Top Gun.Grumman F-14 Tomcat, retired 2006. The Navy misses it…bad.Back to the Joint Strike Fighter competition:Strangely, the drooling jocks didn’t name the Lockheed plane and pilots love to name their craft. Examples: the unlovely Fairchild Republic A-10 is lovingly called Warthog, or simply Hawg. The Boeing B-52—in service 67 years!—is the BUFF: Big Ugly Fat Fucker—oops! I meant “Fellah.”(A pilot wouldn’t be caught dead uttering a warplane’s official name: A-10 Thunderbolt II, B-52 Stratofortress)Warthog firing its Avenger Gatling gun. Google up its unique “BRRRRT!” sound.The jocks did name Boeing’s X-32 and it wasn’t a nice name like Hawg. The test pilots called her…Monica. I tell you, that name was her death knell.Why Monica? A jock would happily tell you with a wink and snicker: she’s got a big mouth, she’s ugly and…she sucks. Scratching your head? Remember Bill Clinton’s presidency? Yeah? Good. That Monica. Aha!Now, if you’re still scratching at my stupid hinting, please Google up “Monica Clinton.” There’s your answer. And dear reader, I’m not being coy; we’re talking airplane sexuality here, not human. We’re not going there.Cool Cat won, of course. (pilots had begun calling her Panther) And to be fair, her win wasn’t all on sexy looks. She could refuel in flight and hover like a helicopter. Monica could do neither.She’s now the most expensive Pentagon program in history: $1 Trillion. Think of all the cool stuff we could have had for that: high speed rail, health care for all, a chromebook XL for every kid in the country. Think!Sure, Monica would have been way cheaper—Boeing had emphasized cost control—but trust me, there would have been a pilot mutiny if Air Force brass had embraced the Vomiting Frog over Panther.Many thanks to Howard Torman for sharing his first-hand knowledge of the Joint Strike Fighter competition.The F-117 was shot down once. It occurred in the Kosovo War of 1998–99 when NATO flew it against Serbia. The historic shoot-down date was 27 March 1999.A Serbian commander of an Air Defense Missile Brigade, former bread baker Colonel Zoltan Dani, made a study of the F-117 ‘s almost invisible radar returns. On Serbian screens the plane looked like a fuzzy sparrow, useless for missile lock. But Dani detected a chink in the stealth “armor:” when the bomb bay doors snapped open, that fuzzy little bird’s radar signature lit bright for a few seconds.Now add NATO complacency. Since F-117 was supposedly invisible, the air staff got lazy and ran the same course to targets in Belgrade, the Serbian capital, on every mission. Fatal. Unfortunately, Dani was an especially clever air defense commander. He now had the Initial Point of the bomb run and a probable course into Belgrade.Serbian “Goa” Surface to Air Missile (SAM)So, when the next Nighthawk came a-bombin’, Dani and crew pounced, hitting it with a brace of well-placed Goas. Badly damaged, the F-117 tumbled out of control, crashing in a field on its back. The pilot, Lt. Col. Dale Zelko (below) bailed out unhurt and evaded capture to be pulled out by USAF Pararescue six hours later.The ultimate irony: Dale Zelko is of Yugoslav ancestry.**Thanks to Desiree Arceneaux for shoot-down details.The gleeful Serbs then invited the Russians and Chinese in for some serious reverse engineering of the dead F-117. That ended the 25 year American monopoly on stealth technology.Despite this costly embarrassment, Nighthawk continued in service for another 8 years. The Air Force had expected at least 13. But the Ghost had been outed and in the most humiliating way: by a tiny Balkan air force (Serbia combines air force and air defense) To add insult to injury, Ghost was downed by obsolete Soviet SAMs. The Air Force was stunned. There were red faces at the Pentagon.Then there was the F-117’s record in combat with its Paveway II laser bomb system. After it’s first several missions, the Air Force crowed that the plane had destroyed 80% of its assigned targets. However, on closer examination this was found to be wildly overstated. Like about 100% wildly.So, here we had this weird black plane which hit targets barely half the time, which had embarrassed the Air Force and which was a bitch to maintain.And what was that impatient roaring in the wings? Panther! The expensive love of the fighter jocks, clawing to take center stage.No pilot ever loved The Black Jet—or at least confessed to. It was a revolutionary freak and revolutionaries are rarely lovable—nor are freaks.Nighthawk had been born in great mystery at the Skunk Works and out at Area 51—mystery made greater by Air Force antics. But now, in late middle age, it’s mystique was gone—and soon it would be, too..Colonel Dani gloating over his kill.“Get me Dimitri on the phone. And that Chinese guy. I can never pronounce his name.”But why did they have to rub it in? Why? The day after the shoot-down, the Serbs, giddy with their spectacular triumph, erected this huge, hand-painted banner over the shattered Nighthawk carcass for all the gathered international press to see:“S O R R Y ! .W E .D I DN’T .K N O W .I T .WA S **I N V I S I B L E!**”JerksThe author gratefully acknowledges the many suggestions and corrections from military and civilian readers. You improved this Answer—a lot! Thank you.** Zelko and Dani would later become friends.
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What are some great online tools for startups? Why?
Startups need something that can give then maximum at minimum invest because the number of risks is always high! We understand all your needs and hence we have got this product for you- PayUnow!Be it any startup: food, automobiles, e-commerce, travel, IT, education or homemakers, this one is for you! It is available for FREE for Android and iOS users. Let customers discover you as you upload pictures of delicacies. To collect online payments easily, anytime and anywhere, all you have to do is share a unique business link or website which you will create with us for FREE! Here’s why you should download the app NOW:It is FREEAllows you to create a business website with zero maintenance costHas the lowest TDR in the market i.e 1.99+GST!Lets you showcase your productsAllow you to add contact details and locationMultiple payment options supportedYour customers do not need an app! All you need to accept payments directly in your bank is one link: you can choose this link for FREE!Quick and paperless bank verification and documentationPayUnow is a product of India’s largest Fintech Company- PayU! Join the communtiy of 4.5 lakhs+ businesses like you! We look forward to empowering the SMBs and give them a relief from the hassles of payments so that the only thing you need to focus is your business growth! We are continuously creating a guide to assist you with the best. Learn how to sign up, edit, share and verify by visiting here:
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How do I register my company and logo in India?
Incorporating a company in India is slightly difficult than you may think. Its better you hire a CS, CA or a Lawyer to do it for you. Nonetheless, here is the process:(1) Obtain DIN (Director Identification Number) from Registrar of Companies, Ministry of Corporate Affairs of all the proposed Directors in your Company. (2) Obtain DSC (Digital Signature Certificate) from any of the authorities recognised by Registrar of Companies of all the Directors. (3) Apply in a prescribed format to the Registrar of Companies for the approval of name of your company. You need to provide a minimum of 5 options to the Registrar in this form.(4) Once you receive the name approval from the Registrar of Companies, you need to file the following documents with that office: (a) Memorandum of Association(b) Article of Association(c) Form 32 (Details of Directors)(d) Form 18 (Registered Office details)(e) Form 1 (Compliance with the Act) FEESThe official fees for which you will receive receipts (for a Company with an Authorised Capital of Rs 1 lakh) will be approximately Rs 11,000. Rest of it will be the fee of the working professional. On an average you're likely to spend Rs 5000 to Rs 10000 in addition to the official fee, so that the total price comes out to somewhere between Rs 16000 and Rs 21000.TIME FRAMEIf everything goes smoothly, you can register your Company within 20 to 30 days. However, if an objection is raised on an issue, it may take longer, as well. Good luck!Nitin
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What is it like to interview with Y Combinator? It seems like a short interview (10 minutes). What happens during that time, and
We get rejected for YC S15 (April 2015). It was a great experience yet painful. We were disappointed since we put so much effort. Our startup already made 7 digits revenue. We were lucky to get strong recommendation by a few YC alumni that landed us with the interview. We had a high hope. What happened during the interview:We went to YC office early in the morning to prepare. There were at least 5 nice alumni gave us mock interviews. All of them said we should be good based on our traction, team and market size. We were told the partners just want to know more about us, not to tear us apart. We also talked to the other teams. They said the interview was smooth and friendly. The partners didn't cut them in between sentences. It was not like what you read on Quora.We felt confidence we are going to nail it. At the same time, we might have let down our guard. We were called in to the room. It was Sam Altman with 4 other partners. Sam didn't smile. He looked serious. The nightmare begins. While we were shaking the partners hands, Sam shoot the question, “What are guys working on” before we had a chance to sit. I was caught off guard. I pitched him our product but just on the second sentence, Sam said “no, your product is not what you said”. It sounded that Sam didn’t even know what we are doing. That was when the whole dynamic changed. It was intense and we were dragged into motion. If English is not your everyday language, the interview is intimidating. 5 partners sitting in front of you with a small table in between. We get questions from the other 2 partners, while the other two didn’t ask anything.10 minutes felt like 3 minutes. I’m not joking. It depends on luck. Some teams got friendly partners.After the interview, we were told to go for second interview. Basically we failed the first interview even some people tried to pep talk us. At least we got a second chance.On the second interview, there were 4 partners. It was less hostile. We already affected by the 1st interview so we changed our strategy. We thought we should pitch more about the product.The second interview more on rapid fire questions. We did worse than the first. Again, it felt like 3 minutes. It was the fastest 10 minutes in my life.After the second interview, we felt bad. We felt the chance to get in was only 30%. Later that evening we received the rejection email stating our growth and strategy is weak. What we did wrong:We were confused what to focus on our pitch, should we pitch on the product or the growth strategy? Our product already launched for a while. We were not sure if all the partners already know about the product. So we spent quite a while to introduce the product but we didn’t have enough time to explain our growth and strategy.The alumni told us in order to show a strong team, we need to make sure all the founders have a chance to answer some of questions. Which turned out to be chaotic.The interview questions you found on the internet mostly about how do we know people need our product. Which is not applicable to us since we already have 7 digits revenue. Even then we were told it was too small based on the market size. What could be improved:I respect YC. YC must have a strong reason to do 10 minutes group interview. But the 10 minutes group interview may not work for everyone. Especially when they put 5 partners in a small room. My suggestion to YC is to give 1 minute for a startup to pitch before any question. Once the beginning is bad, the rest will be bad. What's next:In general YC look for Team, Traction and Market. We feel they are looking for certain unwritten traits from the team. YC is looking for a team that can communicate very well. If English is not your everyday language, this is pretty big weak point. Some said, the 10 minutes group interview represents the investor meeting. No, it’s not. We have raised money from VC. We never had such an intense meeting. Or at least we know who to answer, we know what the investor already know. With investor meeting, we have at least 1 - 3 minutes to explain about our product before we got any questions. Getting into YC will definitely accelerate our business. But if we don’t get in, the show must go on. Make your own fortune. YC rejection is not end of your startup. It doesn’t mean we don’t have the potential to be big. YC rejection means we are not the team they are looking for. That was it. It has nothing to do with the product or the team. There are many successful startups didn’t go through YC applications at all. Should you apply for YC? Yes, you should! Are we going to apply for YC again? No, not with this startup since we are closing our Series A.
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What are some of the most ingenious ways to increase traffic to a website?
If you want traffic that lasts, use something like SEMRush to see the rankings for some of your (very) closely related competitors keywords. Mix these in with your own until you have between 10 and 20 thousands keywords overall.Next, take rankings for that entire set for yourself and your top two 'most relevant' competitors. Include all your own keywords, too. Still with me? Good. Now get regional search volume data for all those thousands of keywords and divide the search volume by the ranking position to get a basic, pure mathematical visibility figure for each keyword across your sit...
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What do you do everyday to promote your website?
Great question!There are several ways that you can promote your website. Here are a few of my favorites:Schedule social media posts (blog articles, quotes, bit size content from your website) via Hootsuite to post on multiple channels such to get maximum signNow.Channels such as Facebook, Instagram, LinkedIn, TwitterLook up hashtags specific to your business on Twitter and engage with others or even better yet provide them a free resource that you’re giving away (preferably one that leads back to your site).Engage with people on Twitter, Facebook, LinkedIn, and Instagram by asking questions, answering questions, and starting new conversations.Pin new content on Pinterest a couple of times a week.There are many ways you can promote your website and it’s hard to not to get overwhelmed–so pick a few and give them a try. Once you’re ready you can always do more to promote.
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What are the regulations for online beer sales in the UK?
Selling online: an overview of the rulesThis is an edited version of a guide for businesses.E-commerce TMT & Sourcing TMT Retail Education UKThere has been a steady growth in the variety and volume of goods and services which are available on-line to both businesses and consumers, and on-line selling is increasingly seen as a major way for all businesses to save costs. Almost inevitably, as the practice of on-line selling proliferates so does the amount of legislation governing it. This article provides an overview of the law governing on-line sales in the UK and an analysis of the issues that a business should consider before setting up an on-line sales process.The law governing online salesThere are two distinct types of legislation that affect on-line retailers. Firstly, traditional consumer protection regulations apply to all consumer sales made on-line. These regulations are well established, but it is important to remember that they apply to on-line retailers as much as they do to traditional ones. Secondly, there are regulations designed specifically to deal with problems and issues facing retailers on-line.Traditional consumer protection regulationsThese protect purchasers and consumers whether they are buying the goods over the counter of a shop or over the internet. For instance the Sale of Goods Act gives certain rights to purchasers about the quality of the goods they receive, and their rights if the goods fail to live up to these standards. The Consumer Credit Act protects consumers' rights when they enter into an agreement for someone to provide them with loans or credit facilities including circumstances where they buy goods or services using a credit card. The Unfair Terms in Consumer Contract Regulations protect consumers' rights where they enter into agreements with retailers who try to impose unfair terms in the agreement. There are also numerous other pieces of legislation, many of which will apply to different contract and product types.Online regulationsThese regulations are new, and were brought into force largely to protect consumers' rights when they buy products either over the internet or by telephone. They largely derive from EU Directives, and include the E-commerce Regulations , the Distance Selling Regulations and the Electronic Signatures Regulations . These are the regulations that control the actual on-line sales process and they provide the starting block from which we can consider the practical business requirements of on-line retailers.Although the traditional consumer regulations are important for all sales processes, this article focuses on the on-line regulations and how they affect the various stages of the on-line sales process. The next five sections take you through what the regulations require including information that must be provided to a purchaser, the use of electronic signatures, contract formation issues and ensuring your contract is legal.Information that must be suppliedThe various regulations share a central theme: companies should not hide themselves from purchasers, and should provide as much information to purchasers as possible.Company information that must be supplied under the E-Commerce RegulationsThe E-Commerce Regulations require that all commercial web sites make the following information directly and permanently available to consumers via the website:the company's name, postal address (and registered office address if this is different) and email address;the company's registration number;any Trade or Professional Association memberships;the company's VAT number.All of this applies regardlessof whether the site sells on-line. In addition, any commercial communication – that is any email or even SMS text message – used in providing an "Information Society Service" must display this information.The E-Commerce Regulations also require that all prices must be clear and unambiguous, and web sites must state whether the prices are inclusive of taxes and delivery costs.Contractual information that must be supplied under the E-Commerce RegulationsWhen it comes to actually going through the contractual process the requirements for information increase once again and the consumers must be told:the steps involved in completing the contract on-line;whether the contract will be stored by the retailer and/or permanently accessible;the technical means the site uses to allow consumers to spot and correct errors made while inputting their details prior to the order being placed;the languages offered to conclude the contract;The website must also provide links to any relevant Codes of Conduct to which the retailer subscribes and set out the retailer's Terms and Conditions, in a way which allows users to save and print them.All of this information must be provided before the purchaser selects the product and starts the contractual process and it is possible to convey it early on in the sale, without deterring users with an unwieldy sales process. The most common route is to bundle as many of these details into the terms and conditions as possible, and ensure that consumers are appropriately directed to read them.Information that must be supplied under the Distance Selling RegulationsThese Regulations set out the information which must be provided to a consumer prior to the conclusion of the contract.The information must be provided in a clear and comprehensible manner which is appropriate to the means of distance communication used. This means that the information can be set out on a web page, provided that the information is brought to the attention of the consumers before the contract is entered into. The information to be provided includes all of the information which a supplier should, in any event, wish to provide in relation to:the identity of the supplier;the main characteristics of the goods or services;their price;arrangements for payment and delivery; andthe existence of the right of cancellation created under the Distance Selling Regulations.Information that should be set out in the terms and conditionsThe terms and conditions should:make it clear who is selling the product, together with the geographical and email address;describe clearly what the customer is getting and what it will cost, including all taxes and delivery costs; andidentify the arrangements for delivery of the product.The terms and conditions of the site are very important, and will vary for every retailer. It is important that the terms and conditions are properly drafted, as poorly drafted terms and conditions will expose the retailer to unnecessary risk.Electronic signaturesThe Electronic Signature Regulations apply to any contract and not just those entered into with consumers. In order for there to be a binding contract the following essential elements of a contract must be present:an unconditional offer;an unconditional acceptance of that offer;consideration passing from both parties other than in Scotland where consideration is not a requirement; andan intention to create legal relations, i.e. the parties must intend to enter into a legally binding contract.There must also be certainty as to the terms, parties and subject matter of the contract. For the majority of contracts there is no legal requirement for a signature.Whenever a person buys or sells something he or she is entering into a contract, no matter how small the purchase. In the newsagents, when a person buys a newspaper he or she contracts with the newsagent for the purchase. The newsagent makes an 'Invitation to Treat' by placing the publication on sale. The person offers to purchase it from the newsagent, proffering money, and the offer is accepted (concluding the contract) by taking the money. This is still a contract, although not a word needs to be said, and nothing is written down. However, the essentials of a contract have been formed: an offer (to buy, or sell), an acceptance of that offer, and (everywhere except Scotland) consideration (whether money being paid, or some other form of consideration) for the sale. The various stages of the contractual process will be discussed in more detail later, as it is important to distinguish between who is making the offer and who is accepting it.Signatures are not actually necessary for the conclusion of every contract (your visit to the paper shop could become a chore), but they can have three essential functions when we consider on-line contracts:To identify the person who has bought the product;To indicate a personal involvement, or trustworthiness; andTo indicate an intention to be bound to the contract.The principal, and simple effect of the Electronic Signature Regulations is to make electronic signatures legally valid. Most of the discussion, and further interpretation of electronic signatures actually comes from a report published in December 2001 by the Law Commission entitled "Electronic Commerce: Formal requirements in Commercial Transactions", and in subsequent guidance from the DTI.Depending on exactly what is being sold the method of collecting the electronic signature will vary. In most cases, the function required of the electronic signature is the third one listed above – indicating that the purchaser is making an offer to contract. However, for more complex products being sold on-line, for instance financial services products, the role of the signature may become more important for one or both of the first two reasons.Depending on the value and/or importance of the transaction the parties may want a greater degree of certainty as to reliability of the signature. This may involve the use of public key infrastructure, for example.Contract formation issuesThe main issues considered in this section are how, when and where the contract is formed. This involves an analysis of the contract formation procedure based on the principle of offer and acceptance and the significance of the "country of origin" principle.The offer and acceptance procedure onlineStep 1: Establishing the offer and acceptance procedureThis is where the E-commerce Regulations can be used to the seller's advantage. It is possible to sell on-line and take payment by credit card without concluding the contract on-line. The solution is to provide that the customer is making an offer on the site and that the contract will be formed only if the customer's order is accepted – and that taking payment from the customer's credit card does not indicate cceptance.On-line merchant accounts provide for making refunds to a customer's credit card. Therefore, the terms should explain that, while the customer's card may be debited before the contract is formed, if the customer's order is ultimately rejected, a refund will be made immediately.Step 2: Completing the order formThe customer is taken to the order form where he completes the quantity of goods and his delivery details. It would be good practice to offer three buttons: submit, clear and cancel. The "clear" button is needed because the E-Commerce Regulations require a means for the customer to correct any errors.Step 3: Incorporating the terms and conditionsAt the bottom of the terms and conditions page the purchaser should, ideally, be required to check a box to indicate that he or she has read, understood and accepted the terms and conditions, before clicking the "Accept" button. The "Accept" button should not work until the box has been checked. Equally the page should be designed in such a way that the consumer cannot check the box and click "Accept" until the page has fully loaded onto the screen. By doing this, you improve your position in the event that a purchaser claims there was no opportunity to read your terms.While there is no responsibility on the retailer to ensure that the consumer has in fact read them, following this procedure will demonstrate that reasonable efforts have been made to bring them to purchasers' attention. The terms and conditions should be in a format that can be printed or saved – therefore avoid pop-up windows and ensure that they fit within the width of the page and are presented in a way that they will print properly.It is wise to also include a term like the following:"By clicking the 'Accept' button you agree to these terms and conditions. By completing and submitting the following electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract."The words, "if accepted by us," are very important.This approach is the suggested 'best practice' approach for relaying the terms and conditions, and ensuring that the consumer has read them. However, it is not the most consumer friendly approach to present the purchaser with a screen of 'small print' in the middle of what, to the consumer, was an otherwise normal shopping experience. Therefore a number of on-line retailers adopt a second-best approach, which is to include a link to the terms and conditions, and make the consumer tick a box to confirm that they have read and accepted the terms and conditions, before they click the main button to buy the product. This approach, while not as legally secure, is probably acceptable in a number of purchasing models.Step 4: Taking the consumer's credit card details on-lineAt this stage, the user should be taken to the page on a secure server where his credit card details are taken. This page should state: "Your card will be debited with the sum of £X when you click the Submit button. This will be refunded if your offer is refused." Repeat the choice of submit, clear and cancel.Step 5: Acknowledging receipt of the orderWhen the card details are validated, the E-Commerce Regulations require that you give the customer an acknowledgement page and send an acknowledgement email. This should not confirm a contract; it should instead confirm that the order has been received and that the order is being "processed". It is helpful to give the customer an order number at this stage so that he or she can chase-up any problems. It is good practice, though not legally required, to ask the user to click a button on a confirmation page to indicate that he has read the confirmation – e.g. a "Continue" button, linking to the homepage of the site.Step 6: Providing confirmation of the information provided and the right to cancelThe Distance Selling Regulations now require the supplier to provide the consumer in writing or in another durable medium confirmation of the information provided prior to the conclusion of the contract and details of the right of cancellation. Generally a consumer has a period of seven working days within which to cancel the contract and return the goods to the supplier. The only cost to a consumer will be the cost of returning any goods received by it to the supplier.A consumer will not be entitled to cancel a contract after it has been entered into, where the supplier has commenced the provision of services with the consumer's agreement prior to the end of the cancellation period then the consumer will not have the right to cancel the contract for the provisional services. However, in order to benefit from this exception, the supplier must have advised the consumer that the consumer will not be able to cancel the contract once the performance of the services has begun with the consumer's agreement.It is not possible to contract out of the Distance Selling Regulations. Any term which attempts to do this will be void to the extent that it is inconsistent with the provisions of the distance Selling Regulations.Step 7: DeliveryFinally, dispatch the goods. If a typo mislabelled an item costing £200 at £2 and someone ordered 500 of them, the site could politely – and legally – refuse the order. This is because by following the procedure set out above the dispatch of goods is in effect the acceptance of the offer made by the consumer at the start of the process. Until this point there has been no acceptance and only an acknowledgement.The "country of origin" principleThe E-commerce Regulations apply a "country of origin" principle. In its simplest form, this means that as long as a UK business complies with UK laws, it can "ignore" the laws of other Member States. In general terms this is a definite bonus for on-line retailers. However, recognising that such an approach would be bad news for consumers, this basic rule is qualified.The E-Commerce Regulations do not apply the country of origin principle to the terms of consumer contracts. In practical terms, this means that a UK-based e-commerce site's terms and conditions should meet the laws of every Member State in which consumers can buy its products, not just UK laws.As a result of the consumer contract exception, any site selling to French consumers must provide its terms and conditions in French – otherwise they may be considered invalid. If selling into Denmark, consumers must be given a 14 working day cooling-off period during which the consumer can change his or her mind about the purchase and return the goods for a refund. In the UK, the cooling-off period is only seven working days. These are only examples, of course there are many other differences.Despite this signNow qualification, there are still advantages in the Regulations' country of origin principle that can benefit a UK-based business. For example, the UK's retail laws are among the most relaxed in Europe. This can give UK businesses advantages over, say, German competitors. A German e-tailer must comply with any German restrictions on promotional offers; its UK rival escapes such restrictions, even when selling to German consumers.Ensuring your contract is legalIt is important for e-commerce retailers to ensure that the contract which is formed with the consumer under the process described above is both legally correct and also affords the retailer the maximum protection. There are various ways in which the contracting process can be structured to be legally correct, and it is important to balance absolute best practice, and a more commercial approach which is still legally correct. Equally, it is surprisingly easy to structure the process in a way which is legally incorrect, and which exposes the company to more risk than is necessary.
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