Welcome to the Apex Nutrition Calculation website and application. The Website located at http://mealviser.com/ is a copyrighted work belonging to Apex Nutrition Calculation Inc. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features ("Supplemental Terms"). All such additional terms, guidelines, and rules are incorporated by reference into these Terms. The MealViser™ Application is available through the App Store® and Google Play™ for iPhone® and Android™ devices.
2. Use of the Services and Our Properties. The Application, the Software (as defined below), the Website, the Services, and the information and content available on the Website and in the Application and the Services (collectively, "Our Properties") are the exclusive property of Apex and are protected by copyright laws throughout the world. Subject to the Terms, Apex grants you a limited license to reproduce portions of Our Properties for the sole purpose of using the Services for your personal purposes. Unless otherwise specified by Apex in a separate license, your right to use any of Our Properties is subject to the Terms.
2.1 License. Solely for your own personal, noncommercial use and subject to your compliance with the Terms, Apex grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use Our Properties which includes the limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Application on mobile devices and/or computers that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Some of the software in our Application may be offered under an open source license that we make available to you. There may be provisions in the open source license that expressly override some of the Terms, and you agree to be bound by the terms of such open source license. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.
2.3 Open Source Software. Some of the software in our Application or Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of the Terms, and you agree to be bound by the terms of such open source licenses.
2.4 Updates. You understand that Our Properties are evolving. As a result, Apex may require you to accept updates to Our Properties that you have installed on your computer or mobile device. You acknowledge and agree that Apex may update Our Properties with or without notifying you. You may need to update third-party software from time to time in order to receive the Services or use Our Properties.
2.6 Third-Party Materials. As a part of Our Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for the Apex to monitor such materials and that you access these materials at your own risk.
2.7 Food Database. As part of the Website, Application and Services, Apex maintains a food database that contains a combination of nutritional information obtained directly by Apex, entered directly by Apex or otherwise licensed directly by Apex from third parties ("Food Database"). Please be advised that nutritional information found in the Food Database has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. APEX DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL APEX BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE FOOD DATABASE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND SUCH USE IS AT YOUR OWN RISK (PLEASE SEE FURTHER DETAILS UNDER SECTION 12). Nutritional information in the Food Database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Apex.
3.1 Registering your Account. In order to access certain features of Our Properties you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a User who has registered an account on the Website or Application ("Account"), has a valid account on the social networking service ("SNS") through which the User has connected to the Services (each such account, a "Third-Party Account"), or has an account with the applications provider for the User's mobile device.
3.2 Access through an SNS. If you access the Services through an SNS as part of the functionality of the Website, the Application and/or the Services, you may link your Account with Third-Party Accounts, by allowing Apex to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Apex and/or grant Apex access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Apex to pay any fees or making Apex subject to any usage limitations imposed by such third-party service providers. By granting Apex access to any Third-Party Accounts, you understand that Apex may access, make available and store (if applicable) any Content (as defined in Section 4.1) accessible through Our Properties that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through Our Properties via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined in Section 4.2) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Our Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Apex' access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Our Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND APEX DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Apex makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement and Apex is not responsible for any SNS Content.
3.3 Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Our Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Our Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Apex immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Apex has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Apex has the right to suspend or terminate your Account and refuse any and all current or future use of Our Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Apex reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party's rights. You agree not to create an Account or use the Our Properties if you have been previously removed by Apex, or if you have been previously banned from any of Our Properties.
3.4 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Our Properties, including but not limited to, a mobile device that is suitable to connect with and use Our Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Our Properties.
3.5 Premium Versions of the Sites and/or Application. Apex may offer certain premium versions of the Website, Application or Services (the "Premium Services") in exchange for the payment of fees. The Premium Services may provide you access to certain enhanced features and functionality such as enhanced visual output and data analysis, ad-free browsing and Application use and other similar features. By signing up for and using the Premium Services, you agree to pay any fees due for and incurred by you in your usage of the Premium Services. When you sign up for the Premium Services, you must designate and provide information about your preferred payment method ("Payment Method"). You may switch to a different Payment Method or update your information by visiting the "Settings" page within the Website and/or Application. You may elect to make payment for the Premium Services on a monthly or annual subscription basis. All fees due for the Premium Services are payable in advance. Fees due for the Premium Services will be billed automatically to the Payment Method at the start of the monthly or annual subscription period, as applicable, and will auto-renew until you elect to cancel your access to Premium Services. The subscription renewal fees will be the same as the initial charges unless you are otherwise notified in advance. You expressly authorize us to charge your Payment Method for the appropriate fees charged for the Premium Services and for any other purchases you elect to make via Apex. We will administer and apply payments you transmit for the Premium Services via the online billing mechanisms of any of our affiliated websites and third party providers in a timely and commercially reasonable manner. We reserve the right to terminate your access to a Premium Service for any nonpayment of associated charges. If you want to discontinue a Premium Service, then you must cancel that Premium Service per applicable cancellation procedure set out on the Website or in the Application; you may also cancel that Premium Service by emailing us at [email protected] The cancellation of a Premium Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Premium Service through the remainder of such billing cycle. For example, if you are billed on a monthly subscription basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Premium Services through the end of that month. ALL PURCHASES OF PREMIUM SERVICES ARE FINAL, AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF ANY PREMIUM SERVICES UPON TERMINATION OR CANCELATION. We reserve the right to increase fees charged for the Premium Services or to institute new fees at any time upon reasonable notice posted in advance on the Website and/or Application. Your only remedy regarding the increase of fees or imposition of new fees in connection with the Premium Services is to cancel the Premium Services per the cancellation procedure set out above.
3.6 Email Communication. In providing the services, you may receive periodic email communications regarding the services, new product offers and information regarding the services, which are part of the services and which you cannot opt out of receiving. You may also receive periodic promotions and other offers or materials Apex believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in your account.
4.1 Content. "Content" is defined as any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Our Properties, but specifically excludes User Input Data.
4.2 Types of Content. You acknowledge that all Content, included in Our Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Apex, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through Our Properties ("Your Content"), and that you and other users of Our Properties, and not Apex, are similarly responsible for all Content they make available through Our Properties ("User Content").
5. Storage. Unless expressly agreed to by Apex in writing elsewhere, Apex has no responsibility or liability for the deletion or accuracy of User Input Data; the failure to store, transmit or receive transmission of User Input Data; or the security, privacy, storage, or transmission of other communications originating with or involving use of Our Properties. Certain Services may enable you to specify the level at which such Services restrict access to User Input Data or Your Content. You are solely responsible for applying the appropriate level of access to User Input Data and Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Apex retains the right to create reasonable limits on Apex's use and storage of User Input Data and Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Apex in its sole discretion.
6.1 Our Properties. Except with respect to User Input Data, Your Content and User Content, you agree that Apex and its suppliers own all rights, title and interest in Our Properties (including but not limited to, any titles, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, moral rights, documentation and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Our Properties.
6.2 Trademarks. MealViser and other related graphics, logos, service marks and trade names used on or in connection with Our Properties are the trademarks of Apex and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Our Properties are the property of their respective owners.
6.3 Other Content. Except with respect to User Input Data and Your Content, you agree that you have no right or title in or to any Content or other data that appears on or in Our Properties.
6.4 Your Content. Apex does not claim ownership of User Input Data or Your Content. However, when you as a Registered User post or publish Your Content on or in Our Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
6.5 License to User Input Data and Your Content. Subject to any applicable account settings that you select, you grant Apex a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, User Input Data and Your Content (in whole or in part) for the purposes of operating the Services and providing Our Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of User Input Data or Your Content that you submit to any "public" area of Our Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Apex, are responsible for all of User Input Data and Your Content that you Make Available on or in Our Properties.
6.6 Username. Notwithstanding anything contained herein to the contrary, by submitting User Input Data or Your Content to any forums, comments or any other area on or in Our Properties, you hereby expressly permit Apex to identify you by your username (which may be a pseudonym) as the contributor of User Input Data or Your Content in any publication in any form, media or technology now known or later developed in connection with User Input Data or Your Content.
6.7 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Apex.
6.8 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Apex through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that Apex has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Apex a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Our Properties.
7. User Conduct. As a condition of use, you agree not to use Our Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through Our Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Apex' prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Apex; (vi) interferes with or attempts to interfere with the proper functioning of Our Properties or uses Our Properties in any way not expressly permitted by the Terms; or (vii) to attempt or engage in, any potentially harmful acts that are directed against Our Properties, including but not limited to violating or attempting to violate any security features of Our Properties, using manual or automated software or other means to access, "scrape," "crawl" or "spider" any pages contained in Our Properties, introducing viruses, worms, or similar harmful code into Our Properties, or interfering or attempting to interfere with use of Our Properties by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing", or "crashing" Our Properties. You agree and understand that you may be held legally responsible for damages suffered by other members or third parties as the result of your remarks, information, feedback or other content posted or made available on the Services that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, Apex is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Services.
8. Investigations. Apex may, but is not obligated to, monitor or review Our Properties and Content at any time. Without limiting the foregoing, Apex shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Apex does not generally monitor user activity occurring in connection with Our Properties, if Apex becomes aware of any possible violations by you of any provision of the Terms, Apex reserves the right to investigate such violations, and Apex may, at its sole discretion, immediately terminate your license to use Our Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
9. Interactions with Other Users.
9.1 User Responsibility. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that Apex reserves the right, but has no obligation, to intercede in such disputes. You agree that Apex will not be responsible for any liabilities incurred as the result of such interaction.
9.2 Content Provided by Other Users. Our Properties may contain User Content provided by other Users. Apex is not responsible for and does not control User Content. Apex has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
10.1 Third-Party Websites, Applications & Ads. Our Properties may contain links to third-party websites and applications ("Third-Party Websites & Applications") and advertisements for third parties (collectively, "Third-Party Websites, Applications & Ads"). When you click on a link to a third-party website, application or ad, we will not warn you that you have left Our Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Applications & Ads are not under the control of Apex. Apex is not responsible for any Third-Party Websites, Applications & Ads. Apex provides these Third-Party Websites, Applications & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Applications & Ads, or their products or services. You use all links in Third-Party Websites, Applications & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites & Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party. In the event of any inconsistency between terms and conditions relating to Third-Party Websites, Applications & Ads and the terms and conditions of these Terms, those additional terms and conditions will control, although only with respect to such Third-Party Websites, Applications & Ads services that may be used by you.
10.2 App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third-party from which you received the Application license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that the Terms are between you and Apex and not with the App Store. Apex, not the App Store, is solely responsible for Our Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Our Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using Our Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
12.1 Risk Assumption; Services Provided on an As Is Basis. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR PROPERTIES IS AT YOUR SOLE RISK, AND OUR PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE APEX PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, YOU HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY APEX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
(a) THE APEX PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) OUR PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF OUR PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN OUR PROPERTIES WILL BE CORRECTED.
(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH OUR PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS OUR PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. APEX MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM APEX OR THROUGH OUR PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(e) From time to time, Apex may offer new "beta" features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Apex's sole discretion. The provisions of this section apply with full force to such features or tools.
12.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE APEX PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE APEX PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
12.3 The Website, Application and Services Do Not Provide Professional Medical Advice; No Doctor-Patient Relationship. APEX DOES NOT OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH OUR PROPERITES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE SERVICES ARE NEITHER REGULATED NOR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION, AND ARE NOT DESIGNED TO DETECT OR PREVENT CAUSES OF ANY MEDICAL CONDITION. THE WEBSITE, APPLICATION AND SERVICES ARE NOT CERTIFIED WEIGHT LOSS PROGRAMS. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT INCLUDING BEFORE BEGINNING ANY WEIGHT LOSS, WEIGHT GAIN, OR WEIGHT MAINTENANCE PROGRAM, PHYSICAL ACTIVITIES OR ANY OTHER PLANS THAT MAY BE REFERENCED, DISCUSSED OR OFFERED UNDER THE WEBSITE, APPLICATION AND SERVICES. IF YOU ARE BEING TREATED FOR AN ILLNESS, TAKING PRESCRIPTION MEDICATION OR FOLLOWING A THERAPEUTIC DIET TO TREAT A DISEASE, IT IS ESPECIALLY RECOMMENDED THAT YOU CONSULT WITH YOUR DOCTOR BEFORE USING THE WEBSITE, APPLICATION AND SERVICES. YOU HEREBY REPRESENT TO APEX, WHEREBY SUCH REPRESENTATION SHALL BE DEEMED TO BE MADE EACH TIME YOU USE THE WEBSITE, APPLICATION AND SERVICES, THAT YOU ARE NOT USING THE WEBSITE, APPLICATION AND SERVICES OR PARTICIPATING IN ANY OF THE ACTIVITIES OFFERED BY THE WEBSITE, APPLICATION AND SERVICES FOR THE PURPOSE OF SEEKING MEDICAL ATTENTION. FURTHERMORE, YOU HEREBY AGREE THAT PRIOR TO YOUR USE OF THE WEBSITE, APPLICATION AND SERVICES YOU SHALL CONSULT WITH YOUR DOCTOR, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR DIET. IF YOUR PHYSICAL CONDITION CHANGES IN THE COURSE OF USING THE WEBSITE, APPLICATION AND SERVICES, AS, FOR EXAMPLE, YOU BECOME ILL, ARE DIAGNOSED WITH A MEDICAL CONDITION, BECOME PREGNANT OR IF OTHER SIMILAR CHANGES OCCUR, YOU HEREBY AGREE TO CONTACT YOUR DOCTOR IN ORDER TO RECEIVE THE NECESSARY MEDICAL CARE AND DISREGARD ANY INFORMATION YOU MAY OBTAIN FROM USING OUR WEBSITE, APPLICATION AND SERVICES THAT IS CONTRADICTORY TO YOUR DOCTOR'S ADVICE OR GUIDELINES. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE. YOU SHOULD CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND APEX.
13.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE APEX PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, PRIVACY, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH OUR PROPERTIES, WHETHER OR NOT APEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUR PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH OUR PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON OUR PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO OUR PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
13.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE APEX PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY APEX AS A RESULT OF YOUR USE OF OUR PROPERTIES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM. IF YOU HAVE NOT PAID APEX ANY AMOUNTS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM, APEX'S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE DOLLAR ($1). YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN APEX AND YOU. THE WEBSITE, APPLICATION AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
13.3 User Content. THE APEX PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE USER INPUT DATA OR ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
13.4 Applicability of Disclaimers. THE DISCLAIMERS, WAIVERS AND LIMITATIONS CONTAINED IN THESE TERMS DO NOT IN ANY WAY LIMIT ANY OTHER AGREEMENT BETWEEN YOU AND APEX OR BETWEEN YOU AND ANY OF APEX'S THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE DISCLAIMERS, WAIVERS AND LIMITATIONS CONTAINED HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. APEX'S THIRD-PARTY WEBSITES & APPLICATIONS LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS.
15.1 Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Our Properties, unless terminated earlier in accordance with the Terms.
15.2 Prior Use. Notwithstanding the foregoing, if you used Our Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Our Properties (whichever is earlier) and will remain in full force and effect while you use Our Properties, unless earlier terminated in accordance with the Terms.
15.3 Termination of Services by Apex. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if Apex is required to do so by law (e.g., where the provision of the Website, the Application, the Software or the Services is, or becomes, unlawful), Apex has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Apex' sole discretion and that Apex shall not be liable to you or any third-party for any termination of your Account or any Services.
(a) If Apex becomes aware of any possible violations by you of the Terms, Apex reserves the right to investigate such violations. In the event that Apex determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Our Properties, Apex reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to Apex) that you have violated the Terms; (ii) delete any of Your Content provided by you or your agent(s) to Our Properties; (iii) discontinue your registration(s) with any of Our Properties, including the Services or any Apex community; (iv) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) pursue any other action which Apex deems to be appropriate. If, as a result of the investigation, Apex believes that criminal activity has occurred, Apex reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Apex is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Our Properties, including Your Content, in Apex' possession in connection with your use of Our Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Apex, its Users or the public, and all enforcement or other government officials, as Apex in its sole discretion believes to be necessary or appropriate.
(b) If your Account is terminated by Apex due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Our Properties through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Apex reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
(c) You agree that all terminations for cause shall be made in Apex' sole discretion and that Apex shall not be liable to you or any third-party for any termination of your Account.
15.4 Termination of Services by You. If you want to terminate the Services provided by Apex, you may do so by (a) notifying Apex at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Apex' address set forth below.
15.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Apex will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
16. International Users. This Website can be accessed from countries around the world and may contain references to Our Properties and Content that are not available in your country. These references do not imply that Apex intends to announce Our Properties or Content in your country. Our Properties are controlled and offered by Apex from its facilities in the United States of America. Apex makes no representations that Our Properties are appropriate or available for use in other locations. Those who access or use Our Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
17.1 Electronic Communications. The communications between you and the Apex use electronic means, whether you visit Our Properties or send Apex e-mails, or whether Apex posts notices on Our Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Apex in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Apex provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
17.2 Release. You hereby release the Apex Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Services or any other of Our Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
17.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Apex' prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
17.4 Force Majeure. Apex shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
17.5 Compliance. If you believe that Apex has not adhered to the Terms, please contact Apex by emailing us at [email protected] We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
17.6 Limitations Period. YOU AND APEX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, OUR PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Apex that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Apex, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Apex should be sent to: CEO, One Commerce Center – 1201 Orange Street, Suite 600, Wilmington, Delaware, 19899, [email protected] After the Notice is received, you and Apex may attempt to resolve the claim or dispute informally. If you and Apex do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Apex made to you prior to the initiation of arbitration, Apex will pay you the greater of the award or $2500. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(e) Time Limits. If you or Apex pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Apex, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Apex.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Apex in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND APEX WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Apex.
(m) Small Claims Court. Notwithstanding the foregoing, either you or Apex may bring an individual action in small claims court.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York County, New York, for such purpose.
17.8 Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
17.9 Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
17.10 Notice. Where Apex requires that you provide an e-mail address, you are responsible for providing Apex with your most current e-mail address. In the event that the last e-mail address you provided to Apex is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Apex' dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Apex at the following address: CEO, One Commerce Center – 1201 Orange Street, Suite 600, Wilmington, Delaware, 19899, [email protected] Such notice shall be deemed given when received by Apex by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
17.13 Export Control. You may not use, export, import, or transfer Our Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Our Properties, and any other applicable laws. In particular, but without limitation, Our Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using Our Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Our Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Apex are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Apex products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
(a) You acknowledge and agree that (i) the Terms are concluded between you and Apex only, and not Apple, and (ii) Apex, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Apex and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Apex.
(d) You and Apex acknowledge that, as between Apex and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Apex acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third-party's intellectual property rights, as between Apex and Apple, Apex, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f) You and Apex acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
17.15 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
17.16 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.


Monday, September 21, 2015 at 6:30 p.m.
First Friday: James Agee's "Knoxville: Summer of 1915"
"We are talking now of summer evenings in Knoxville, Tennessee, in the time I lived there so successfully disguised to myself as a child." So begins the famous short piece entitled "Knoxville: Summer of 1915" by James Agee. This year marks the centennial of his reminisced summer of 1915.
We are a Blue Star Museum!


text:
Why Become Age-Friendly
Age-Friendly Action in Niagara
Niagara Aging Strategy and Action Plan
South Confederation Park serving up a new sport
The popular game of pickle ball has recently found a new outdoor home in Thorold
Photo: Pictured (l-r) Sue Den Besten, Jancie Kroetsch, Kate Lammers and Nancy Nowicki enjoy the popular game of pickle ball, courtesy of South Confederation Park's newly painted tennis courts. Bob Liddycoat / Thorold News
Two tennis courts in South Confederation Park have been revamped to serve a dual purpose.
In response to a request from Thorold's Age-Friendly committee, new yellow lines have been painted inside the white tennis boundaries on both courts, allowing fans of the rapidly growing sport to play pickle ball—which is particularly popular among seniors, said Jean D'Amelio Swyer.
As chair of the Age-Friendly committee, "We want to let people know that it's free to use and it's a great way to exercise in the summertime," she told ThoroldNews. At the Thorold park, "The courts are lit at night so they can play when it's cooler," D'Amelio Swyer added.
Described by Sue Den Besten as being "like badminton, tennis and table tennis," Janice Kroetsch agreed: "It's a real mixture of sports."
And while still providing a decent workout, pickle ball courts are slightly smaller than tennis, and the game requires a plastic ball that doesn't bounce as much as a tennis ball, so it means less running, and "not as much pounding on your legs," explained Den Besten. The tennis net is also lowered while playing pickle ball, making it easier to lob the ball.
For Kroetsch, "It's a very social thing, too. You need at least four people because it's mostly doubles."
The social aspect—as well as exercise—is critical to maintaining seniors' health, said D'Amelio Swyer.
"Weak social connections are proven to carry a health risk, equivalent to smoking 15 cigarettes a day, equivalent to being an alcoholic, more harmful than not exercising, and twice as harmful as obesity," she added, quoting a 2019 Canadian Longitudinal Study on Aging presented by Dr. Parminder Raina of McMaster University.
Thorold's Age-Friendly committee continually strives to maintain recreational opportunities for older adults, as well as enhance social participation, recreation, outdoor spaces and communications.
According to the World Health Organization (WHO), "An age-friendly community encourages active aging by optimizing opportunities for health, participation and security in order to enhance quality of life as people age."
For those who prefer indoor sports in the summertime, the Thorold Community Activities Group (TCAG) offers pickle ball in air-conditioned facilities all year long. More information is available on their website.
Source: ThoroldNews.com
AgeFriendly2019-05-24T15:35:15-04:00
Copyright 2020 Age-Friendly Niagara Network

redpajama_set_name: RedPajamaCommonCrawl


text:
Q: Debugging UIAutomation scripts in Instruments I have recently tried using UIAutomation framework for some simple automated UI tests for iOS devices. While interesting and relatively powerful, I find it quite tedious to write the scripts without having the possibility of debugging them.
Is there any way to debug the UIAutomation scripts ? The emphasis here is on the debugging of the script itself, i.e. the javascript part, I have already found the explanation of how to debug the tested application itself here.

A: I use these techniques to debug UI Automation scripts:

*

*window.logElementTree();  // to see where you are in the UI structure

*UIALogger.logMessage(msg);  // ... and where you are in your script

Jonathan Penn describes it here.

redpajama_set_name: RedPajamaStackExchange


text:
Quad Restrictions: Addressing PRC Investment Concerns in the Indo-Pacific
By Ashley Feng and Sagatom Saha
Washington has recently taken a tougher tack to growing inbound investment from the People's Republic of China (PRC) by strengthening the Committee on Foreign Investment in the United States (CFIUS), but its security partners in the PRC's backyard have not all followed suit (US Congress, August 13, 2018).
In the United States, the primary concern is that the PRC is using foreign direct investment (FDI) as a Trojan horse: When PRC companies invest in critical sectors like energy, transportation, and communications in traditionally open economies, Beijing can gain access to critical technologies, data, and infrastructure it can use for military ends. Such investment can also set the ground for technology transfer—both licit and otherwise—and weaken longstanding alliances, put central governments at odds with their regional counterparts, and co-opt business interests as lobbyists for Beijing.
India, Japan, and Australia, America's partners in the Quadrilateral Security Dialogue (the Quad), face the same national security threats as the United States, but not all have responded by strengthening scrutiny of inbound PRC investment. In addressing these issues, Japan, which has managed to allow some inbound investment without exposing itself to national security risks, can serve as a starting point for its Quad partners.
Read the full article in China Brief.
Modi's Victory Is America's Opportunity
History's largest election has swept Narendra Modi's Bharatiya Janata Party back to power in India. More than six-hundred-million Indian voters cast ballots that decisively ga...
By Richard Fontaine
Global Security Review
Two Ways for the United States to Deepen Diplomatic Engagement with ASEAN
The time has come to demonstrate again that the United States seeks to engage partners in Southeast Asia at the highest levels of government. As the region's economic and secu...
By Chris Estep
Contested Spaces
As the competition between the United States and China to shape the course of the 21st century intensifies, Southeast Asia has become a contested space....
By Patrick M. Cronin, Abigail Grace, Daniel Kliman & Kristine Lee
Take India's Side, America
The moment of maximum danger in the latest India-Pakistan conflict appears to have passed. But after a major attack by Pakistani militants on an Indian military base in Kashmi...
By Elbridge Colby


text:
Differentially Private ADMM for Regularized Consensus Optimization
Xuanyu Cao, Junshan Zhang, H. Vincent Poor, Zhi Tian
Center for Statistics & Machine Learning
Princeton Environmental Institute
Due to its broad applicability in machine learning, resource allocation and control, the alternating direction method of multipliers (ADMM) has been extensively studied in the literature. The message exchange of ADMM in multi-agent optimization may reveal sensitive information of agents, which can be overheard by malicious attackers. This drawback hinders the application of ADMM to privacy-aware multi-agent systems. In this paper, we consider consensus optimization with regularization, in which the cost function of each agent contains private sensitive information, e.g., private data in machine learning and private usage patterns in resource allocation. We develop a variant of ADMM that can preserve agents' differential privacy by injecting noise to the public signals broadcast to the agents. We derive conditions on the magnitudes of the added noise under which the designated level of differential privacy can be achieved. Further, the convergence properties of the proposed differentially private ADMM are analyzed {under the assumption that the cost functions are strongly convex with Lipschitz continuous gradients and the regularizer has smooth gradients or bounded subgradients}. We
IEEE Transactions on Automatic Control
https://doi.org/10.1109/TAC.2020.3022856
Accepted/In press - 2020
Convex functions
10.1109/TAC.2020.3022856
Fingerprint Dive into the research topics of 'Differentially Private ADMM for Regularized Consensus Optimization'. Together they form a unique fingerprint.
Cost functions Engineering & Materials Science
Resource allocation Engineering & Materials Science
Machine learning Engineering & Materials Science
Multi agent systems Engineering & Materials Science
Cao, X., Zhang, J., Poor, H. V., & Tian, Z. (Accepted/In press). Differentially Private ADMM for Regularized Consensus Optimization. IEEE Transactions on Automatic Control. https://doi.org/10.1109/TAC.2020.3022856
Cao, Xuanyu ; Zhang, Junshan ; Poor, H. Vincent ; Tian, Zhi. / Differentially Private ADMM for Regularized Consensus Optimization. In: IEEE Transactions on Automatic Control. 2020.
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Cao, X, Zhang, J, Poor, HV & Tian, Z 2020, 'Differentially Private ADMM for Regularized Consensus Optimization', IEEE Transactions on Automatic Control. https://doi.org/10.1109/TAC.2020.3022856
Differentially Private ADMM for Regularized Consensus Optimization. / Cao, Xuanyu; Zhang, Junshan; Poor, H. Vincent; Tian, Zhi.
In: IEEE Transactions on Automatic Control, 2020.
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AU - Cao, Xuanyu
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AU - Poor, H. Vincent
AU - Tian, Zhi
N1 - Publisher Copyright: IEEE Copyright: Copyright 2020 Elsevier B.V., All rights reserved.
N2 - Due to its broad applicability in machine learning, resource allocation and control, the alternating direction method of multipliers (ADMM) has been extensively studied in the literature. The message exchange of ADMM in multi-agent optimization may reveal sensitive information of agents, which can be overheard by malicious attackers. This drawback hinders the application of ADMM to privacy-aware multi-agent systems. In this paper, we consider consensus optimization with regularization, in which the cost function of each agent contains private sensitive information, e.g., private data in machine learning and private usage patterns in resource allocation. We develop a variant of ADMM that can preserve agents' differential privacy by injecting noise to the public signals broadcast to the agents. We derive conditions on the magnitudes of the added noise under which the designated level of differential privacy can be achieved. Further, the convergence properties of the proposed differentially private ADMM are analyzed {under the assumption that the cost functions are strongly convex with Lipschitz continuous gradients and the regularizer has smooth gradients or bounded subgradients}. We
AB - Due to its broad applicability in machine learning, resource allocation and control, the alternating direction method of multipliers (ADMM) has been extensively studied in the literature. The message exchange of ADMM in multi-agent optimization may reveal sensitive information of agents, which can be overheard by malicious attackers. This drawback hinders the application of ADMM to privacy-aware multi-agent systems. In this paper, we consider consensus optimization with regularization, in which the cost function of each agent contains private sensitive information, e.g., private data in machine learning and private usage patterns in resource allocation. We develop a variant of ADMM that can preserve agents' differential privacy by injecting noise to the public signals broadcast to the agents. We derive conditions on the magnitudes of the added noise under which the designated level of differential privacy can be achieved. Further, the convergence properties of the proposed differentially private ADMM are analyzed {under the assumption that the cost functions are strongly convex with Lipschitz continuous gradients and the regularizer has smooth gradients or bounded subgradients}. We
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Cao X, Zhang J, Poor HV, Tian Z. Differentially Private ADMM for Regularized Consensus Optimization. IEEE Transactions on Automatic Control. 2020. https://doi.org/10.1109/TAC.2020.3022856


U.S. First Lady Michelle Obama joins Snapchat as 'MichelleObama'. Angela Moore reports.
U.S. First Lady Michelle Obama joins the popular messaging app Snapchat. Mrs. Obama joined Snapchat to promote her upcoming trip to Liberia, Morocco and Spain. Her Snapchat account is "MichelleObama" and according to the White House, it will be used to give "young people a fun way to follow her trip". The first lady will travel at the end of June with her teen daughters Malia and Sasha to promote girls' education - which is one of her signature issues. Obama already has 4.6 million followers on Twitter and 5 million followers on Instagram. Snapchat is a mobile app where posts disappear within 24 hours, and it has more than 100 million active users, most under the age of 25.


The next geometry seminar will be given by Giovanni Mascellani (Pisa) on 23 May, at 1.30pm, in the Salle des Profs. Giovanni will be joining us as a postdoc this September, so this is a good chance to meet him. His title is "Fourth-order geometric flows on manifolds with boundary" and his abstract is below.
Geometric flows are a class of objects that proved very powerful tools for solving problems in geometric analysis (the proof the the Poincaré conjecture by mean of the Ricci flow, completed in 2003 by Perelman, is probably the most famous example). A flow is a smooth evolution of the Riemannian metric on a manifold, regulated by a differential equation usually chosen in order to regularize its geometric features (e.g, the curvature).
when one wants to extend Bour's theory to manifolds with boundary, particularly considering short time existence.


Is your child ready for potty training? When is the right time to start potty training for your child?
Welcome to the potty training quiz created by Amanda Jenner, the UK's leading toilet training expert and creator of My Carry Potty and The Potty Training Academy.
It's a good idea to get your little one involved with this. Watch the quiz with them and see if they know the answer.


Here's a quick last minute gift from a brand new free pattern from the Plucky Knitter, The Conversationalist Hat.
I took a few liberties with the pattern, doing a bit of random "pixelating" (stranding the yarn) at the change between the colors, rather than having a firm demarcation, as the pattern dictates. A fun, quick knit with great gifting potential. I'm still deciding between a traditional yarn pom pom and one made of Alpaca.
All told, this took me less than half a skein of each color in snug worsted (pink a boo and twill) and only a few hours to knit. And, you can literally knit this one while carrying on a conversation once you get the tubular cast on done. It's a fun pattern. This one is a gift, but I'm tempted to do another for myself.


text:
Für unsere Gäste » t. Peters: The Peacocks snapped a 21-ga
pfotentalk.de -Das Hundeforum- » Empfangs-Café -Öffentlicher Bereich- » Für unsere Gäste » t. Peters: The Peacocks snapped a 21-ga
#1 | t. Peters: The Peacocks snapped a 21-ga 20.04.2019 04:03
COLLEGE PARK, Md. -- Marylands Brionna Jones got into a rhythm early and never slowed down against overmatched St. Peters.Jones scored 19 of her career-high 30 points in the first half and the No. 4 Terrapins remained unbeaten with a 101-49 victory over the Peacocks on Thursday night.I was just taking what was given to me, Jones said. My teammates were finding me when I was open. I was just working hard on every possession. I was definitely surprised that there wasnt a double-team coming.The Terrapins (10-0) are playing a stretch of five games over 12 days. However, coach Brenda Frese has kept the team fresh because of her deep bench. In the process, Frese has gotten contributions from her entire roster.Shatori Walker-Kimbrough added 16 points, Brianna Fraser had 13, and the Terrapins had a season-low six turnovers.I thought we started slow defensively and we looked sluggish from the games and practices weve had, Frese said. Obviously, we played through (Jones). I dont think they had an answer for her. I thought our bench-depth played with a lot of energy.Brianna Tarabocchia led St. Peters (1-7) with 11 points.St. Peters lost its first six games by an average of 29 points. However, the Peacocks stayed close early and a pair of free throws by Talah Hughes tied it at 13 in the final minute of the opening quarter.St. Peters tried to maintain possession until there were just a few seconds left on the shot clock to keep the ball away from Maryland. The strategy worked for a spell before the Terrapins wore them down.I think Maryland is very deceptive from watching them on film and then seeing them live, St. Peters coach Pat Coyle said. Theyre much quicker and more physical. What I like about their team is they dont do anything complicated. They just get the ball to their scorers.A 3-pointer by Walker-Kimbrough capped a 19-3 run and the Terrapins led 32-16 with 6:02 left in the half. Maryland continued to pull away and the lead ballooned to 51-25 at the break.The Terrapins shot 61 percent from the field and their backups outscored the Peacocks reserves 13-2.Marylands starters returned for the second half and consecutive baskets by Jones increased the margin to 62-29. Jones was 14 of 16 from the field in just 20 minutes and made the game easier for her team.As guards, we dont have to force anything up, Marylands Ieshia Small said. We know we can always look inside for her and depend on her to finish the play all of the time.Frese then went back to the bench to close out the game. Kiah Gillespie also had 10 points for Maryland.It was just the second meeting between the schools. St. Peters beat Maryland 66-61 in the first matchup on Dec. 30, 1997.INCREASED PRESSUREMaryland forced 28 turnovers with his its high-pressure defense. That led to 46 points.BIG PICTURESt. Peters: The Peacocks snapped a 21-game losing streak dating back to last year with a win over Marist on Sunday. Still, St. Peters is 1-1 in the MAAC and is getting battle-tested with its tough schedule.Maryland: The Terrapins have won six of their 10 games by at least 40 points. Maryland is deep and talented, showing signs of a Final Four-caliber team. The biggest test arrives Dec. 29 with a home game against No. 1 Connecticut.UP NEXTSt. Peters: The Peacocks are at St. Francis Brooklyn on Sunday.Maryland: The Terrapins make a 38-mile trip to Baltimore to face Loyola on Monday. Stitched Jerseys .Y. -- Canadas Kaillie Humphries and Heather Moyse have another World Cup gold medal after winning the two-women bobsled race on Saturday in Lake Placid, N. Wholesale Jerseys Free Shipping . James, who turned 29 on Monday, injured his groin Friday during the Heats overtime loss at Sacramento. He sat out the following game, a 108-107 win Saturday in Portland, before coming back to help send the Nuggets to their seventh consecutive loss. http://www.nfljerseysstitched.com/ . -- Arizona knocked off some quality opponents, rolled over a few overmatched ones and grinded out victories even when things didnt go so well. Cheap Jerseys 2019 . 24 Baylor in a Big 12 clash between teams trending in opposite directions. Andrew Wiggins made 10-of-12 from the foul line and scored 17 for Kansas (14-4, 5-0 Big 12), which capped a stretch of four straight games against ranked opponents unscathed. NFL Jerseys Wholesale . - The Oakland Raiders re-signed offensive lineman Khalif Barnes on Friday. PARIS -- The French tennis federation has provisionally suspended Kristina Mladenovic, Caroline Garcia and Benoit Paire for damaging its image at the Rio de Janeiro Olympics.Paire, who was seeded 16th at the Rio Games, was sent home after being kicked off Frances team.The 27-year-old Paire, ranked 34 in the world, broke team rules, the FFT said in its statement Sunday. He reportedly sometimes stayed away from the village, or came back late. He also made dismissive comments about the importance of the Games because there are no ranking points.Mladenovic and Garcia sharply criticized the FFT following their defeat in the first round of the doubles over a clothing mix-up, saying that they were not informed by their federation that, as doubles partners, they had to wear the same colors.The pair was told just before going on court that they could lose by default if they did not change their clothing, and Mlaadenovic had to lend Garcia some spare gear.ddddddddddddMladenovic was particularly angry, posting five tweets in which she lambasted what she called the incompetence of the FFT, blaming it for ruining their match.The FFT said all three showed an unacceptable attitude, adding that they are provisionally suspended from selection until a final decision is made on Sept. 24.Mladenovic and Garcia are key players in Frances Fed Cup team that will contest the final against the Czech Republic in November.France plays away to Croatia in the Davis Cup semifinals from Sept. 16-18, meaning that Paire is ineligible to play.However, he has yet to represent France and was not expected to be selected.The FFT added that the three will receive no help from the FFT during the suspension period. 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Tag: Singapore heritage trails
Last Updated: March 3, 2022 December 30, 2022 Shaheen Attractions, Singapore, Singapore Holidays, Singapore Travel & Tourism guided heritage tour Singapore, ightseeing Singapore, Singapore heritage trail, Singapore heritage trails Leave a Comment on Walking Through Singapore's Heritage Trails in 2023
Walking Through Singapore's Heritage Trails in 2023
Singapore has many fascinating aspects that make it an exotic tourist destination. Its heritage trail is one of them. People generally choose a heritage trail to link distinct sites and…


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History of Craps – The origin of Craps in the Middle Ages
The History of Craps goes much further back than the time immigrants of America. Even at the time of the Middle Ages. In the time of the Crusades, a game by the name of "azzahr" is mentioned. This game would later manifest itself as the game Hazard in the United States. Hazard was originally an English game, although there are stories that the Arabs attribute to hazard. Never become entirely clear who has introduced the game. Craps event grew into a classic. The English played the game through the centuries. At any of the fair play casinos out there you will find that they have the standard bets only and nothing funny. Many wealthy Englishmen lost their entire existence to the game with the dice.
History of Craps – Craps takes to the street
When Craps finally hit the street later at a later stage, it was at this point in its history that it inherited the name Street Craps. The game was not initially in the casinos, but played on the streets, hence its name. The game soon became very popular among the local population and would eventually find its way to the casinos.
Now there was in addition to the normal Craps, Bank Craps it was called, suddenly a half version. Street Craps played on the street was a simple game that you could easily play in the street while Bank Craps many more features and actually had a craps table to be played.
Bank Craps proved to be more tailored to the casino life. It was further expanded with additional rules and dice. In this way, the game had more structure and had a better chance in the Casinos. Bank Craps is the variant as we know it today, with shooters, boxmen and dealers. If you play at a free cash casino you need to remember that the wagering requirements usually exclude playing craps. At Bank Craps players played well only against the house and not against each other.
History of Craps – The emergence of online Craps
Craps Street seemed the worst of many to go to the enhanced variant Bank Craps. It was the thanks to the invention of the Internet and the online casinos that street craps did breathe new life. In almost all online casinos these days you have the option of this version of Craps online play.
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A Complementary Couple
by Ryan Cochran
Rarely in history do we find a couple so astoundingly complementary as Amherst College president and geologist Edward Hitchcock and the artistically gifted Orra White Hitchcock. Edward was active as a professor of geology and botany at Amherst during the middle of the nineteenth century, and was appointed state geologist of Massachusetts in 1830. His lectures were enhanced by the use of several classroom charts which were carefully crafted by Orra. Museum Textile Services has the privilege of working at restoring sixty-one of these classroom charts for the Amherst College Archives.
Detailed classroom chart depicts a giant octopus devouring a ship, ca. 1828-1840
These charts vary in size, ranging from rather small 20"x 20" pieces to large charts several feet in length. Many are diagrams displaying geological strata and their formations, with special detail often attached to local New England geology. These pieces are in relatively good condition, but occasionally contain damage in the form of holes and stains. An example of this damage can be seen in the section across Massachusetts pictured below.
Geological features across the state of Massachusetts, ca. 1828-1840 (Click to enlarge)
Perhaps the most intriguing aspect of Orra White Hitchcock is her persistent quality of work in an effort to further the career of her brilliant husband. There is no doubt that in the modern age, Orra herself could have been a scientist and may have worked her way up to be president of a prestigious college or university. This seemingly selfless effort of work makes for an incredibly interesting story.
Elephas shows Orra's skill with presentation of fossil remains, ca. 1828-1840
Orra White Hitchcock's charts took a lot of intellectual research to accomplish. Orra was no doubt quite gifted scientifically as well as her husband. She would have had to know a lot of the science taught by her husband given the extensive detail and content of these painted textiles. Her strongest skills seem to have been in the field of botany, but her geological and biological subjects in the classroom charts are very finely done.
The Mead Art Museum at Amherst College exhibited the art of Orra White Hitchcock in its 2011 exhibit, An Amherst Woman of Art and Science," which can still be viewed online.
Christine Lloyd
Very interesting and well written. What a fascinating couple!
Linda Barrett
A very well written and informative article.


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package org.nognog.freeSquare.persist;

/**
 * @author goshi 2014/11/18
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public class InvalidLoadDataException extends LoadFailureException {

	/**
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	private static final long serialVersionUID = 1L;
}

redpajama_set_name: RedPajamaGithub


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Q: Find IP of program trying to connect to ServerSocket Although I searched about it I couldn't find an answer.
Let's say I have the following Java code:
    ServerSocket serve = null;

    try {
        server = new ServerSocket(5567);
    } catch (IOException e) {
        System.err.println("Problem with port 5567");
        System.exit(1);
    }

    Socket clientSocket = null;
    try {
        clientSocket = server.accept();
    } catch (IOException e) {
        System.exit(1);
    }

When server.accept() is being called the program blocks until someone connects to my server. Is there a way, to be able to find the IP of the program/user who connects to my server?

A: Try
Socket clientSocket = null;
    try {
        clientSocket = server.accept();
        System.out.println("Connected from " + clientSocket .getInetAddress() + " on port "
             + clientSocket .getPort() + " to port " + clientSocket .getLocalPort() + " of "
             + clientSocket .getLocalAddress());
    } catch (IOException e) {
        System.exit(1);
    }


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Obaseki, FG Strengthen Basic Education In Edo, Distribute 25 Motorcycles To 18 LGEAs For Monitoring
As part of efforts by the Governor Godwin Obaseki-led administration to sustain reforms in the basic education sector, the Edo State Government has distributed 25 motorcycles to Quality Assurance Officers in the 18 Local Government Education Authorities (LGEAs) across the state.
Executive Chairman, State Universal Basic Education Board (SUBEB), Dr. Joan Osa Oviawe, who spoke to journalists in Benin City, said the distribution of the motor bikes to the LGEAs will strengthen the implementation of the Edo Basic Education Sector Transformation (EDOBEST) programme as the officers are now better positioned to carry out their duties of monitoring and inspection.
Osa Oviawe said: "What we are seeing today is part of efforts by the Governor Obaseki-led government to tap from the federal government's counterpart funding. Such grants made the purchase of these motor bikes possible.
"This was made possible with the collaboration of the Universal Basic Education Commission (UBEC) and the Edo State Government. It was facilitated through the financial effort and support of Governor Obaseki. Initially, eighteen (18) motor bikes were distributed in the first phase to each of the LGEAs and today, additional 25 motor bikes were distributed."
Dr. Osa Oviawe said the motor bikes will strengthen monitoring of schools under the EDOBEST programme across the state by Quality Assurance Officers, adding: "Our Quality Assurance Officers are now more empowered to visit schools daily for monitoring and inspection. These motor bikes will further enhance their work.
The Edo State Coordinator, UBEC and a Quality Assurance Officer, Mrs. Beatrice Okei, said the monitoring is to improve and guarantee quality teaching and learning in primary and junior secondary schools across the state.
She added: "We expect the Quality Assurance Officers who could not visit their various schools to take advantage of these motor bikes to carry out their schedules in their various LGAs and give feedback to stakeholders in the basic education sector."
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It seems bands are coming out of hibernation this week, after long hiatuses and lineup shifts. Unless you're Zac Brown Band. In that case, you're constantly touring. Also– is Death Cab and CHVRCHES a match made in musical heaven? Read on, readers.
It's been a while since we've heard from our friends on the other side of the world, but after a three-year hiatus from touring the U.S., New Zealand's musical comedy duo Flight of the Conchords are back. They'll embark on a thorough 28-date tour of the U.S., including a headlining slot at Newport Folk Festival on July 22. Click here for more info.
It's a match made in indie/electro heaven, as CHVRCHES and Death Cab will join forces for a five-show run this June. Sandwiched in between those five shows is Bonnaroo (have you heard of it?), in which both acts are slated to perform. The co-headlining tour begins on June 7 and ends on June 16. Click here for more info.
Although they're still on tour with Jeckyll and Hyde, Zac Brown Band have announced yet another slew of shows taking place this summer. The "Black Out the Sun" tour will begin on May 19 in Hartford, CT, and sees them at major amphitheaters and arenas across North America. After a two-night run at Fenway Park in Boston, the tour ends on September 3 in Upstate New York. Click here for more info.
Despite a major lineup shift, a new (and improved?) Crystal Castles is back with a batch of tour dates plus the promise of new music. Catch Ethan and Edith on the SXSW circuit in March, as well as slots at Spring Awakening and the Reading & Leeds Festival(s) in August. Click here for more info.
After keeping pretty quiet since 2012, Yeasayer is back with new tunes and a headlining U.S. tour. They'll traverse the coasts from May 12 to June 3, before heading off to Europe for the remainder of the month. You can also catch them on March 16 in Brooklyn, NY, at the House of Vans. Click here for more info.


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New Drug PTK/ZK May Boost the Benefit of Chemo in Metastatic Colorectal Cancer
New Drug PTK/ZK May Boost the Benefit of Chemotherapy in Metastatic Colorectal Cancer
According to results recently presented at the 2005 annual meeting of the American Society of Clinical Oncology, a new drug known as PTK787/ZK222584 (PTK/ZK) may improve the initial treatment of metastatic colorectal cancer when given in combination with the chemotherapy regimen known as FOLFOX.
Colorectal cancer is the second leading cause of cancer related deaths in the United States. Colorectal cancer is a malignancy that involves both the large intestines (colon) and a distal portion of the colon known as the rectum. Current treatment options for colorectal cancer include surgery, radiation and chemotherapy. Chemotherapy is often used to destroy tumor cells, stabilize tumor growth or to control symptoms associated with colorectal cancer. The addition of newer drugs that target the cancer cells specifically are demonstrating promise at improving survival or long-term outcomes when combined with standard combinations of chemotherapy. PTK/ZK is a new agent that targets the vascular endothelial growth factor (VEGF) receptor that is responsible for establishing blood vessels (angiogenesis) that support cancer growth.
In this recent study, the focus was to evaluate the addition of PTK/ZK to a common chemotherapy regimen known as FOLFOX4 (5-fluorouacil, folinic acid, Eloxatin). The study included 1,168 patients who had received no prior treatment for metastatic colorectal cancer. Each patient was randomized to receive either PTK/ZK with FOLFOX4 or FOLFOX4 alone. Overall analysis failed to show a significant reduction in the risk of disease progression among the PTK/ZK/FOLFOX treatment group compared to FOLFOX4 alone. Further analysis, however, revealed that blood tests measuring elevated levels of the enzyme lactic dehydrogenase (LDH) may be associated with a response to PTK/ZK. The average progression-free survival was 7.7 months in the PTK/ZK group and 7.6 months in the FOLFOX4 alone group. However, patients with an elevated LDH who received PTK/ZK had an average progression-free survival of 9.6 months compared to 5.8 months in the FOLFOX4 alone group. Patients with a low LDH had no improvement in progression-free survival. Side effects associated with PTK/ZK included hypertension, dizziness and blood clots.
Researchers concluded that PTK/ZK appears to show promise in the treatment of metastatic colorectal cancer when added to the FOLFOX4 regimen, particularly among patients with elevated LDH levels. Further studies are indicated to determine the optimal dosing schedules of PTZ/AK.
Reference: Hecht J, Trarbach T, Jaeger E, et al. A randomized, double blind, placebo-controlled, phase III study in patients with metastatic adenocarcinoma of the colon or rectum receiving first-line chemotherapy with oxaliplatin/5-fluorouracil/leucovorin and PTK787/ZK 222584 or placebo (CONFIRM-1). Proceedings from the 2005 annual meeting of the American Society of Clinical Oncology (ASCO). Presented May 13 2005. Abstract #LBA3.
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Erbitux® Promising as Initial Treatment for Metastatic Colorectal Cancer
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By CancerConnect Jan 1, 2012
Smokers May Benefit Less from Camptosar® than Nonsmokers in Colorectal Cancer
Smokers May Benefit Less from Camptosar® than Nonsmokers in Colorectal Cancer.
Oxaliplatin/Raltitrexed Combination Effective in Metastatic Colorectal Cancer
New Antibody Improves Response Rates for Persons with Colorectal Cancer
New Monoclonal Antibody Improves Response Rates for Persons with Metastatic Colorectal Cancer.