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Thank you for your interest in MeasureOne, Inc. ("MeasureOne," "We" or "Us")!
These Terms of Service (this "Agreement") represent a legally binding agreement between You (or our "Customer") and Us governing Your access to and use of our Services. "You" in the case of an individual accepting this Agreement on his or her own behalf, means that individual, and in the case of an individual accepting this Agreement on behalf of a company or other legal entity, means the company or other legal entity for which that individual is accepting this Agreement, and affiliates of that company or entity (for so long as they remain affiliates).
If You use Our Services, You are agreeing to the Terms of Service set forth in this Agreement. If You do not agree to the Terms of Service set forth in this Agreement, You must not access or use Our Services.
This Agreement begins on the date on which You first access or use the Services. We call that date the "Effective Date" of this Agreement, and Your rights and obligations begin on that specific date.
Please note that We may decide to modify this Agreement from time to time. We have the right to make modifications under this Agreement and You should take a look at Section 8.3 to further understand Our ability to implement modifications.
Here are the specific legal rights and obligations that You and We have under this Agreement:
1. ACCESS RIGHTS; RESTRICTIONS
1.1 Access. Subject to Your compliance with this Agreement, You have the non-exclusive right during the applicable term to: (i) internally use the package of application programming interface materials that We provide to You (the "API Package") for the sole purpose of making Your application work and interoperate with the Services that We provide (those services, together with the API Package, and the reports, analytic and predictive models, scores (including Our MeritScore and GradScore and future products that We may offer) and other deliverables from our Service, being collectively referred to in this Agreement as the "Services"), and (ii) use the Services for the benefit of Yourself and Your clients and product end users (Your clients and the users of Your products being collectively referred to as "End Users") through the Customer Application and not for any other purpose (subject, in all cases, to applicable privacy and data protection laws, regulations and obligations).
Any Customer Data (as defined) or other information You provide to Us will be accurate, complete and up-to-date, in all material respects, and You will immediately notify Us if any previously provided information is out-of-date or becomes materially inaccurate. You understand that Our Services depend on the accuracy and completeness, among other things, of Customer Data submitted to Us, and We assume no responsibility or liability for Services obtained on the basis of inaccurate, outdated, incomplete or misleading Customer Data.
Your access to our Services is conditioned on, and subject to, Your (x) having obtained, prior to the submission of Customer Data (as defined) to Us, all Requisite Consents (as defined) (and, if We require confirmation of that Requisite Consent, You will provide Us with any evidence that We believe appropriate to document the provision of that Requisite Consent) and (y) representation, which will be deemed to have been made each time You use our Services. that You have complied, and are in compliance, with all laws and regulations (including those related to data and privacy) applicable to Your activities, Your use of the Services and Your submission, or the submission by any of Your End Users, of Customer Data to Us. If We determine that You have made misrepresentations to Us, breached Your obligations to Us, or there are improprieties involved with Your access to, or use of, Our Services, We may, in addition to other rights or remedies We have, immediately suspend Your access to, and use of, the Services (in which event any Permitted Users will also have their access immediately suspended), without notice or liability.
For purposes of this Agreement, We have defined the following terms:
"Content" means information that We obtain from publicly available sources or Our third party content providers that We make available to You through the Services
"Customer Data" means electronic data and information submitted by, for, through or on behalf of You (including data and information submitted to Us by, or for the benefit or at the request of, any End User through an API Package or otherwise delivered in connection with Your products and use of Our Services) to Us for processing in connection with Your use of Our Services, but does not include Content, any Non-MeasureOne Applications or any non-Customer Data that we create, develop or prepare as part of Our Services.
"Non-MeasureOne Applications" means a Web-based, mobile, offline or other software application functionality that interoperates with the Service, that is provided by You or a third party.
"Requisite Consent" means the informed and knowing consent and permission of You and Your End Users or any other persons that submit Customer Data to Us for processing in connection with Your use of Our Services and to which You and any End User grants to us, as part of the Requisite Consent, an irrevocable, royalty-free license to use that Customer Data in, and for the benefit of, the Services and for the other purposes permitted by this Agreement, including the use of anonymized, masked and aggregated Customer Data (which will not identify any specific End Users), and quantitative meta-data that We derive from delivery of the Service to improve, maintain and enhance the Services, for industry analyses, for benchmarking purposes and for other business purposes incidental thereto.
1.2 Restrictions. Unless We otherwise permit You in writing to do otherwise, You will not,: (i) attempt to reverse engineer , decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services; (ii) modify, translate, or create derivative works based on the Services, except as otherwise expressly permitted and contemplated by this Agreement; (iii) make the Services available to, or use the Services for the benefit of, anyone other than Yourself for Your business purposes or Your End Users; (iv) sell, resell, license, sublicense, distribute, rent or lease any Services to any third-party, or include any Services in a service bureau, time-sharing, or equivalent offering; (v) publicly disseminate information from any source regarding the performance of the Services; or (vi) attempt to create a substitute or similar service through use of, or access to, the Services. You will use the Services in compliance with (a) Our developer policies , which may change from time to time and (b) any agreements or arrangements that You may otherwise have with Your End Users that affect Your ability to use Our Services, including Your ability or rights to share and use Customer Data with Us. You will not assist, enable or encourage any other person to undertake actions that would violate any of the foregoing restrictions to which You have agreed.
1.3 Ownership and Service Improvements. Except for the rights expressly granted under this Section 1, We reserve and retain all right, title, and interest in and to the Services (other than Customer Data, which shall continue to belong to You, or the End Users, even after You submit that Customer Data to Our Service), including, without limitation, the API Package and all reports, analytic and predictive models, algorithms, scores (including Our MeritScore and GradScore and future products that We may offer), software, products, deliverables, works, and other intellectual property created, used or provided by Us, and any derivatives, enhancements, improvements or extensions of any of the foregoing. You and Your End Users will own all right, title and interest in and to the Customer Data that You provide to Us in connection with Your use of the Services, except that We have the right, and an irrevocable, royalty-free license, to use (i) Customer Data during the term of this Agreement as necessary to provide You with the Services and (ii) anonymized, masked and aggregated Customer Data (which will not identify any specific End Users), and quantitative meta-data that We derive from delivery of the Service , to improve, maintain and enhance the Service, for industry analysis, for benchmarking purposes and other business purposes incidental thereto, including the improvement, development and enhancement of Our predictive and performance models and Our MeritScore, GradScore or any future products that We may offer.
If You provide Us with Feedback ( as defined) relating to the Services (including, without limitation, feedback related to volumes, usability, performance, interactivity, bug reports and test results) (all such feedback being collectively referred to as "Feedback"), We will own all right, title and interest in and to the Feedback (and You hereby make all assignments necessary to perfect that ownership in Us). If You are not permitted for any legal reason to assign to Us all rights in the Feedback, You hereby grant to Us a worldwide, perpetual, irrevocable, royalty-free license, and sublicense, to use and incorporate into Our Services any suggestion, enhancement, request, recommendation, correction or other form of Feedback that You or any of Your End Users provide or communicate to Us.
In further consideration of Your access to the Services, (a) if You use Our MeritScores, GradScores, or similar scoring data, You hereby agree, if requested by Us, to deliver and provide to Us data and information regarding the efficacy, accuracy and predictive analytics that the use of Our Services (and Our MeritScores, GradScores or any similar scoring data) may have enabled in Your business, including, on an anonymized, masked or aggregated basis, the performance or non-performance and related characteristics of End Users that may have obtained services or other products from You in connection with, or related to, Your access to, and use of, Our Services; (b) We may disclose that You are a customer of Ours and make reference to Your corporate names and use Your logos and trademarks consistent with that limited purpose; and (c) We may include in Our website, case studies, marketing materials, and conference presentations and other speaking opportunities that, subject to Our confidentiality obligations to You, make use of Your access to Our Services. If You request, We will, however, discontinue, as soon as reasonably practicable, Our use of Your name, logo, trademarks and other information as permitted by the preceding sentence, except to the extent that any of that information was included in printed materials existing prior to the date of Your request (but We will not print any further materials of that nature after We receive Your request).
1.4 Privacy and Authorizations. Because of the nature of the Customer Data that We expect to receive and process in connection with Your use of Our Services, You are required to obtain the Requisite Consent before any End User engages with a Customer Application that accesses or uses the Services. To ensure that the Requisite Consent is properly informed and knowingly made by any End User, We expect that all Requisite Consents upon which We base Our determination to offer access to, and use of, Our Services will include a consent from Your End Users that is substantially and substantively consistent with the following:
"To access our services and products, you are required to submit your academic transcript and related data and information to our service providers and partners or to submit that data and information to us for further delivery to those service providers and partners. We will provide you with a link or other method for delivering to us, or our service providers and partners, your academic and related data and information. By submitting that data and information, you consent, and grant permission, to our use, and the use by our service providers and partners, of that data and information to create, develop and prepare predictive and analytic scores and models that we may use to make credit, employment or other decisions affecting you. You expressly consent, and hereby grant an irrevocable, royalty-free license, and sublicense, to the foregoing uses and applications, to sharing your data and information with our service providers and partners for those purposes, and for those service providers and partners to process and use your data and information to operate, maintain and enhance the services and products of our service providers and partners, for industry analyses, for benchmarking purposes and for other business purposes incidental thereto, which may include collecting, retaining and using anonymized, masked or aggregated versions of the data and information you have provided (which will not specifically identify you) for any of the foregoing purposes."
You represent that You have provided all notices and obtained the Requisite Consent, and any other consents or permissions necessary or advisable under applicable laws and regulations and Your data and privacy policies to enable Us to provide the Services and to process all Customer Data necessary to deliver the Services. You will not make representations or other statements to Your End Users or other third parties regarding Our access to, and use of, Customer Data that are inconsistent with the terms of this Agreement.
1.5 Permitted Users. You are authorized to provide Your employees, authorized agents, authorized contractors and designated third-party service providers with access to the Services on Your behalf if consistent with the purposes of this Agreement (each such person being referred to as a "Permitted User"), provided that, in any such case, You will remain entirely responsible for compliance with this Agreement by any Permitted Users and understand that access to, or use by, a Permitted User does not modify the express purpose, and other restrictions, for which You are provided the Services. You are fully responsible under Section 2 (Payments) of this Agreement for any fees or charges incurred by Permitted Users. We do not assume responsibility to provide support or technical assistance to any Permitted Users nor do We have any liability, and You expressly agree to indemnify and hold Us harmless, for use of the Services by a Permitted User.
1.6 Development Accounts. We offer free sandbox or development accounts for You to evaluate Our Services (these evaluation accounts are referred to as "Development Accounts"). You may use Development Accounts solely for internal evaluation of Our Services to determine whether to submit a paid Order Form for purchased Services. Our Development Accounts may not be used for commercial deployment by You. If You use Our Development Accounts, You must comply with all evaluation documentation, policies, restrictions and instructions. We may make available different types of Development Accounts, and each Development Account may have limited functionality, availability, support and other access or usage restrictions. We may modify or disable Development Accounts (and delete Customer Data therein without prior notice and without liability). Subject to the foregoing provisions of this Section 1.6, all Development Accounts remain subject to all other applicable terms of this Agreement, including Sections 1.2 (Restrictions) through 1.5 (Permitted Users), 6 (Warranty; Disclaimer) and 7 (Limitation of Liability).
Payments for any charges or other fees ("Payments") must be made within fifteen (15) days from the date of Our applicable invoice. Unpaid invoices are subject to a finance charge of 1.5% per month or the maximum rate permitted by law, whichever is higher, plus all expenses, including attorneys' and filing fees and court costs, that We incur if We have to pursue collection against You. You are fully responsible for all taxes associated with Services other than taxes based on Our income. All Payments are non-refundable, non-cancellable, not subject to rights of set-off and must be paid even during any suspension of Service. Unless otherwise specified, all Payments must be made in United States Dollars.
3. TERM; TERMINATION
3.1 Term of Agreement. This Agreement will commence on the Effective Date and will continue in effect unless terminated in accordance with its terms. When termination of this Agreement becomes effective, We will terminate all further access to, and use of, Our Services and You will immediately terminate Your ongoing use of Our Services.
3.3 Termination. Both We and You have the right to terminate this Agreement for the following reasons:
(i) For Cause. Either We or You may terminate this Agreement in the event the other party materially breaches this Agreement and that breach (if susceptible of cure) is not cured, to the reasonable satisfaction of the non-breaching party, within ten (10) days after receipt of a written notice detailing the breach. In addition, We may immediately suspend the Services if We believe that (a) there is unauthorized access to, or use of, the Services through Your account or that of Your Permitted Users, (b) continued provision of the Services by Us may materially harm Our business or reputation or otherwise subject Us to liability for any reason, or (c) You materially breach Section 1, 2 or 4 of this Agreement.
(ii) For Convenience. If We are not actively providing Services. We or You may terminate this Agreement for any reason, and without cause, upon at least thirty (30) days' prior written notice to the other party.
(iii) Effect of Termination. Upon termination of this Agreement, all rights granted to You hereunder will terminate and You will make no further use of the terminated Services or the applicable API Package (copies of which will be immediately returned to Us or destroyed). Upon termination or expiration of this Agreement, You will have the right, within thirty (30) days of termination or expiration of this Agreement, to request that We return to You any Customer Data that You or Your End Users provided to Us that remains in our possession at the time of termination, which We will do as promptly as reasonably practicable, at Your cost, in our standard database export format, or to destroy that Customer Data (which We will do in any event if You do not request the return of that Customer Data with the thirty (30) day period referred to in this sentence), subject in all cases to applicable laws.
During the term of this Agreement, We or You (a "Disclosing Party") may disclose to the other party (a "Receiving Party") confidential and/or non-public, proprietary materials and information ("Confidential Information"). All materials and information disclosed by Disclosing Party to Receiving Party under this Agreement and identified at the time of disclosure as "Confidential" or bearing a similar legend, and all such other information that the Receiving Party reasonably should have known was the Confidential Information of the Disclosing Party, will be considered Confidential Information; for the avoidance of doubt, the Service, pricing information, Feedback, Our API Packages and terms of this Agreement constitute Our Confidential Information and Customer Data constitutes Your Confidential Information. Except for any rights otherwise granted under this Agreement to use Confidential Information of the Disclosing Party as contemplated by this Agreement, the Receiving Party will maintain the confidentiality of the Confidential Information and will not disclose such Confidential Information to any third-party without the prior written consent of Disclosing Party. Receiving Party will only use the Confidential Information for the express purposes permitted by this Agreement. Confidential Information will not include any information that: (i) is made generally available to the public without breach of this Agreement, (ii) is developed by the Receiving Party independently from, and without use of, the Disclosing Party's Confidential Information, (iii) is disclosed to Receiving Party by a third-party without any restriction or other obligation of confidentiality, or (iv) was in the Receiving Party's lawful possession prior to the disclosure to the Receiving Party and was not obtained by the Receiving Party either directly or indirectly from the Disclosing Party. The Receiving Party may disclose Confidential Information if legally compelled by law or court order upon advice of external legal counsel; provided that the Receiving Party delivers prior written notice of its obligation to make that disclosure to the Disclosing Party and reasonably cooperates with the Disclosing Party, at the Disclosing Party's expense, if the Disclosing Party desires to prevent or limit that disclosure. At any time, upon Disclosing Party's request, Receiving Party will return to Disclosing Party all Disclosing Party's Confidential Information in its possession, including, without limitation, all copies and extracts thereof (subject, in the case of Customer Data, to the further provisions of Section 3.3(iii), and the rights and licenses granted to Us in this Agreement with respect to Our ability to use Customer Data). Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information to any third-party to the limited extent necessary to exercise its rights, or perform its obligations, under this Agreement; provided such third parties are bound in writing by obligations of confidentiality and non-use at least as protective of the Disclosing Party's Confidential Information as this Agreement.
You will defend, indemnify and hold Us fully harmless from and against all claims, actions, proceedings, regulatory investigations, damages, losses, judgments, settlements, costs and expenses (including attorneys' fees), arising out of or in connection with: (i) Your breach of any of Your representations hereunder, including Your failure to obtain the Requisite Consent or other permissions applicable to the use of Our Services, or Your violation of any laws or regulations (including data and privacy laws and regulations) or agreements, contracts or policies to which You are party or subject that affect or otherwise implicate Your access to, and use of, Our Services or the interaction with Our Services of any End Users; (ii) Your unauthorized or inappropriate use of Our Services and (iii) the determinations or decisions You may make, or not make, that affect or involve any of Your End Users, whether based, in whole or in part, on access to, or the use of, Our Services, including claims, actions or proceedings under any theory of contract, tort (including negligence), strict liability, or otherwise that are initiated or prosecuted by any of Your End Users or other third parties, including any government or agencies thereof, that name, implead or involve Us in any manner.
6. WARRANTY; DISCLAIMER
WE PROVIDE OUR SERVICES "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OF ANY OF OUR OFFICERS, DIRECTORS, AFFILIATES, SUPPLIERS, AGENTS, LICENSORS OR DISTRIBUTORS MAKE ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY WARRANTY THAT THE SERVICES ARE FREE FROM DEFECTS. WE DO NOT MAKE ANY WARRANTY AS TO ACCURACY, COMPLETENESS, DEPENDABILITY OR RELIABILITY OF THE MERITSCORES, GRADSCORES OR ANY OTHER SCORING DATA OR INFORMATION THAT MAY BE DELIVERED OR PROVIDED IN CONNECTION WITH THE SERVICES NOR DO WE MAKE ANY WARRANTY REGARDING THE PREDICTIVE VALUE OR PERFORMANCE CHARACTERISTICS OF THAT DATA OR OTHER INFORMATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, AFFILIATES, SUPPLIERS, AGENTS, LICENSORS OR DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOSS, ERROR, OR INTERRUPTION OF USE OR DATA OR OTHER INFORMATION (IN EACH CASE, WHETHER DIRECT OR INDIRECT); OR (C) COST OF COVER OR LOSS OF BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE OR FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF US AND ALL OTHER PERSONS REFERRED TO IN THIS SECTION 7 IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY (PROVIDED THAT, IF NO FEES ARE PAID OR PAYABLE, SUCH AMOUNTS WILL BE LIMITED TO ONE HUNDRED DOLLARS (US$100.00)). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE OR ENLARGE THE FOREGOING PAYMENT LIMITATION. THE PARTIES AGREE THAT THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 7 APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
8.2 Titles; Survival; Third Party Beneficiaries. Titles and headings of sections of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement. Sections 1.2, 1.3, 1.4, 1.5, 2, 3, 4, 5, 6 and 7 of this Agreement will survive any termination of this Agreement. Except for Section 5 (Indemnification). there are no intended third party beneficiaries of this Agreement.
8.3 Assignment. This Agreement is not assignable or transferable by You without Our prior written consent; provided, however, that You may (x) upon prior written notice to Us, and subject to clause (y) hereafter, transfer and assign Your rights and obligations under this Agreement to a wholly-owned affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Your assets to which this Agreement relates and (y) not transfer or assignment this Agreement to one of Our direct competitors. We may freely assign this Agreement.
8.3. Entire Agreement; Waivers and Delay. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter hereof. The terms of this Agreement apply to the exclusion of any other terms that You may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. You acknowledge that You have has not relied on any statement, promise or representation made or given by or on behalf of Us that is not set forth in this Agreement. Your orders are not contingent, and You have not relied, on the delivery of any future functionality regardless of any verbal or written communication about Our future plans. This Agreement may be executed in counterparts, each of which shall be deemed to be an original. All waivers and modifications of this Agreement must be in a writing signed by both parties, except that We may modify this Agreement at any time upon not less than ten (10) days prior written notice to You (provided that for Development Accounts, You must accept the modifications to continue accessing or using Your Development Accounts and if You object to the modifications, Your exclusive remedy is to cease any and all access and use of those Development Accounts. You may be required to click to accept or otherwise agree to the modified Agreement in order to continue accessing or using the Services, and in any event continued access or use of the Services after the modified version of this Agreement goes into effect will constitute Your acceptance of the modified version. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) this Agreement; and (2) the applicable documentation, if any.
8.4 Relationship of Parties. The parties are independent contractors. No agency, partnership, joint venture or employment is created as a result of this Agreement.
8.5 Notices. Except as otherwise provided herein, all notices shall be in writing and deemed given upon: (i) personal delivery; (ii) when received by the addressee if sent by a recognized overnight courier (receipt requested); (iii) the second business day after mailing; or (iv) the first business day after sending by email with confirmation of receipt (except that email shall not be sufficient for notices regarding a Claim). You consent to receive any notices to which this Agreement refer from US electronically, including by email or by posting notices on Our website. You agree that any notices we provide to You electronically satisfy any legal requirements that those communications be in writing.
8.6 Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (excluding Your failure to pay amounts owed when due), when and to the extent such failure or delay is caused by or results from acts beyond the affected party's reasonable control, including without limitation: strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), trespassing, sabotage, theft or other criminal acts, failure of energy sources or transport network, acts of God, export bans, sanctions and other government actions, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, explosions, collapse of building structures, fires, floods, storms, earthquakes, epidemics or similar events, natural disasters or extreme adverse weather conditions (each a "Force Majeure Event"). The party suffering a Force Majeure Event shall use reasonable efforts to mitigate against the effects of such Force Majeure Event.
8.7 Export Controls. Each party shall comply with applicable export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not export, re-export or provide access to the Services in violation of any export or import laws or regulations. In addition to the foregoing, You shall not export or re-export the Services into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has prohibited exports, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List.
8.8 GOVERNING LAW; JURISDICTION AND VENUE. This Agreement shall be governed by the internal laws of the state of California, without regard to its conflict of laws principles. The parties hereby irrevocably consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in San Francisco County, California, for the purposes of adjudicating any dispute arising out of this Agreement. Each party hereto expressly consents to service of process by registered mail. To the extent permitted by law, choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods shall not apply. Notwithstanding the foregoing, either party may at any time seek and obtain appropriate legal or equitable relief in any court of competent jurisdiction for claims regarding such party's intellectual property rights.


DV247 Forums - A Global Community for Music Makers - View Single Post - Apple iDJ/iProduce anyone?
For iPod Touch and iPhone users, there's some cool s**t happening.. Apple have applied for a US patent which seems to indicate they're looking to produce a touch screen DJ app?
Looks cool if it gets realised commercially, but I reckon someone should tell them about that turntable on the left though..
It can be bpm synced (by tapping), has 80 or so presets to kick off with, and costs about £4! On top of this, the company are working on release of a digiridoo and flute emulator - cor blimey!


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TPR urged to go further on DB investment
Open-access content Monday 10th February 2014
The Pensions Regulator should do more to inform defined benefit pension trustees of their scope to invest in businesses outside their covenant 'net', actuarial firm Hymans Robertson has said.
A TPR consultation on DB funding closed on February 7. It included a draft funding code providing practical guidance to help pension trustees meet legislative requirements and a draft strategy setting out its future approach to regulation. These would help pension trustees understand and manage risk in their schemes.
In its response to the consultation, Hymans Robertson said that while it was broadly supportive of the proposals, there was room for improvement.
Calum Cooper, a partner at the firm, noted that sustainable growth of the sponsoring employer was now a central objective for TPR, but was not a statutory responsibility for trustees.
He said: '[TPR's] primary focus is on fulfilling their schemes' pension promise, and it has long been the case that trustees had to ensure that the contributions they sought in the short term didn't damage their chances of further contributions in the future.
'We would welcome more guidance on the extent to which it's appropriate for trustees to allow companies to invest in businesses outside their covenant "net" provided the trustees can share in the upside from that investment.'
Chris Hurry, Cooper's fellow partner at Hymans Robertson, explained: 'Essentially there will be some companies within a typical corporate group which form part of the group which ultimately supports the pension scheme and which the pension scheme can call on for its covenant. And there will be some businesses that sit outside that structure.
'For instance, a company might have some subsidiaries in a different country, and the profits from these companies might flow up into the group at a higher level in the corporate structure then the pension scheme currently has any access to.'
Hymans Robertson also noted that TPR had 'understandably' decided to prioritise larger schemes in the consultation but said guidance could be inapplicable and inappropriate for smaller and leave them 'scratching their heads'.
Cooper suggested that TPR could consider separate guidance or practical examples and case studies to help ensure that these schemes are not left behind.
The Financial Reporting Council also welcomed TPR's consultation and stated that it would it would like to work with the regulator as the Council was currently reviewing its technical actuarial standards and how they might be modified to support the proposed code of practice.

redpajama_set_name: RedPajamaCommonCrawl


AMARILLO, TX (KFDA) - The American Quarter Horse Association is exploring the idea of relocating from Amarillo to Fort Worth, and local community members say they are concerned about how that move could impact the area.
Craig Huffhines, the executive vice president of AQHA, recently announced the possible relocation.
"Efforts from key industry stakeholders, external to AQHA staff, to raise funds to support a move to Fort Worth have accelerated," said Huffhines.
AQHA members and stakeholders met with a project planning group in Fort Worth to discuss the potential project.
"While there remains a great deal of business case evaluation and economic considerations for such a proposal, it is important that we keep you informed as details become available," said Huffhines.
Huffhines also announced that AQHA stakeholders might plan fundraising activities towards financing the potential relocation.
"You may hear of stakeholders, external to AQHA staff, commencing business planning and fundraising activities that will be necessary to make such a proposal financially feasible," Huffhines.
Local community members are concerned about the impact of the move if it occurs. Dan Quandt, the senior vice president of the Amarillo Convention and Visitors Council, hopes the AQHA decides to stay in Amarillo.
Quandt feels the overall impact of a potential move varies upon if they move both the headquarters and museum.
"If we are to lose an extreme quality attraction that we have in the [The American Quarter Horse Hall of Fame Museum], that is just a staggering loss in Amarillo," said Quandt.
While the AQHA continues to explore the possibility of relocating we will keep you updated on their plans.


For over 20 years The Mastermyne Group Ltd has been a leading provider of a range of specialist contracting services.
The strength of the Mastermyne Group is in their ability to deliver the full suite of quality mining services to the coal producing areas on the Australian east coast.
These are carried out through the group's subsidiary companies – Mastermyne Mining and Mastertec. Between them, they provide services including roadway development, outbye mine services, secondary support, ventilation, longwall installation, conveyor installation, directional drilling, mine operations, access solutions, protective coatings, mining and industrial consumables, and other major mining project requirements.
Mastermyne maintains a reputation of being a company that does what it says it's going to do. The business was built off the back of mateship and common work, quality safety practices and family values.
Two mates Andrew Watts and Darren Hamblin making a business out of "taking headaches away from the mine operators". Mastermyne's initial projects were undertaking specialists jobs that were a distraction to the permanent mine operators workforce. After years of significant growth and success, these values still hold true.
Their track record is the result of long-term business planning from company leaders in positioning Mastermyne as the premier provider of services for the Australian resource industry.
In 1996 Mastermyne was founded in Mackay by Andrew Watts and Darren Hamblin.
Mastermyne has enjoyed over 20 years of corporate stability and growth underpinned by a strong system of governance, policies and procedures. Mastermyne was publicly listed on the Australian Stock Exchange (ASX) in 2010.
Strategic acquisitions have diversified and bolstered Mastermyne's capacity and capability such that the company has become a one-stop-shop supplier for our clients.
In choosing to work with the Mastermyne Group, mine operators and owners are given the security of a financially strong company with the ability to provide a wide range of specialist services in house. Their multi-disciplined approach is supported by proven business, project and HSEQ management systems.


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Blind father gets second chance at life
August 05, 2018 | Jushua Marga
As their token of their gratitude, Nelson Poliquit's family brought fruits and vegetables for the Tzu Chi volunteers. 【Photo by Jushua Marga】
Tzu Chi Foundation's two-day eye mission in Ormoc City helped a father, who had been blind for 32 years, to see his loved ones for the first time.
Nelson Poliquit spent the past 32 years of his life in total darkness. His eyesight deteriorated when he was 12 and by the time he was 15, he was completely blind. He believed that he lost his eyesight due to too much exposure to the sun since he started working in the fields as a farmer at a very young age.
When he was 18 years old, he met a woman who was kind and cares for him. Although he was blind, but he was certain of their love for each other. They decided to live together and they were blessed with two children.
His partner, 68-year-old Erlinda Andreano, was his eyes in their partnership. During his darkest times when he felt like he was a burden to the family, Erlinda did not abandon nor gave up on him. Instead, she patiently encouraged him to carry on.
Despite his condition, 48-years-old Nelson would accompany his wife and son to work in a sugar plantation. They would also plant vegetables and scavenge in the streets for scraps to sell as their livelihood.
"My father did everything he could to provide for the family. Even though he had lost his vision, he took care of us," said Nelson's youngest child, Jayson, 22.
However, the brunt of Nelson's condition was felt by the entire family. Jayson and his older sister had to quit school and work in order to help with the expenses. Jayson helps his parents in working in the plantation, while his sister is in Manila to find a job.
On July 14, a ray of hope shone on the family. Volunteer ophthalmologists from Tzu Chi Foundation's International Medical Association (TIMA) conducted free consultations for less-privileged patients in Ormoc City, Leyte. Nelson's wife and son brought him to have his eyes checked. From the free checkup, they found out the both of his eyes have cataract.
In August, the volunteer ophthalmologists returned to operate on cataract and pterygium patients – all for free. Nelson was among the 179 patients who benefitted from the two-day eye mission.
Waiting for his turn in the surgery room on August 3, Nelson was more excited than nervous. For more than three decades, he had waited for this moment when he could finally see.
The first operation, which removed the cataract on his left eye, lasted less than 20 minutes. The following day, Nelson came back for the surgery on his other eye. After all the procedures were done, TIMA ophthalmologists checked on his vision and the result made everyone happy. Nelson can now see things clearly from a distance of 20 feet. When he finally laid eyes on his wife, the first thing he said was that she is beautiful. He was also thrilled to see his son for the first time.
"I have never seen him since he was born. I am happy because he grew up to be a good person." Nelson shared.
Now that his vision is back, Nelson plans to make it up to his family. "I will find a job so that my wife will not have to work. It is now my turn to help her because I can finally see again," Nelson shared.
"For the rest of my life, I will never forget this day. Tzu Chi had helped me. They gave me a second life," he ended.
A Tzu Chi volunteer helps Nelson Poliquit wear surgical suit. Tzu Chi volunteers care for the patients as if they are family members. They are with them throughout the surgeries, attending to their needs. 【Photo by Jushua Marga】
Nelson Poliquit suffered from cataracts on both eyes for 32 years. Tzu Chi's cataract mission provided a chance for him to finally be treated. 【Photo by Jushua Marga】
Tzu Chi International Medical Association (TIMA) ophthalmologists personally assist the patients into the surgical bed and prepare them for the operation. 【Photo by Jushua Marga】
On August 3 and 4, Nelson Poliquit underwent surgeries to remove the cataract on both of his eyes. 【Photo by Jushua Marga】
After the surgery, the family and Tzu Chi volunteers assist the dazed Nelson Poliquit home. 【Photo by Jushua Marga】
For the first time since they built a family together, Nelson Poliquit laid eyes on his partner, Erlinda Andreano. Through life's challenges, Erlinda stuck with Nelson until he can see again. 【Photo by Jushua Marga】
Nelson Poliquit joins fellow patients for post-operation checkup. Tzu Chi International Medical Association (TIMA) ophthalmologists conducted a series of consultations with the patients after the surgery to follow-up on the latter's progress and provide post-operative care. 【Photo by Jushua Marga】
Cemetery recycling activity gets support from local media
Several news agencies featured Tzu Chi Foundation's recycling effort in the cemeteries during the observance of All Saints' and All Souls' Days.
Volunteers Inspire Camp Participants to Join
Senior commissioners and faith corps shared their experiences as Tzu Chi volunteers to the 75 camp participants last March 30, 2019.
A step in a plan to improve children's health
On the second day of Tzu Chi's three-day medical mission in Tacloban City, TIMA doctors realized the general situation regarding the local children's health. As most children live in cramped spaces and unsanitary environments, such factors give rise to a slew of issues ranging from colds to infections.
20180910 Ormoc Cataract Patient Nelson Poliquit
LAST UPDATED: September 14, 2018 18:09 PM


Stear clear of the mundane and make waves with the modern Mundaka W0J-6744 sneaker from Pikolinos(R).
Premium calfskin leather uppers with a round toe.
Adjustable speed-lacing for the perfect fit.
Removable, gel cushioned, leather-lined footbed for added comfort.


"Silicon Valley is coming", Jamie Dimon, CEO of J.P. Morgan, anticipated in 2015. In his vision, this is due to "hundreds of startups with a lot of brains and money working on various alternatives to traditional banking".
After the $220+ million acquisition of WePay in October 2017, its first fintech move, the largest U.S. bank by assets has decided to step on the gas. This resulted in the launch of You Invest, investing app with a groundbreaking fee structure. It offers 100 free trades (stock or ETF) in the first year for new users, continuing thereafter for those having a $15,000+ Chase account and unlimited for Chase Private Clients ($100,000+ in holdings). User friendly and transparent, this constitutes serious competition for robo-advisors (automated investment managers) and online brokers. Share prices in TD Ameritrade and Charles Schwab declined after the announcement.
Targeting millennials is part of the bank's move towards unsophisticated, first-time investors. Indeed, 90 percent of You Invest users have not invested with J.P. Morgan before, and are on average 15 years younger than traditional clients.
Now, three years after Dimon's statement, J.P. Morgan is moving to Silicon Valley.
In 2019, a new "fintech campus" will be completed at Stanford Research Park in Palo Alto, hosting more than 1,000 employees, in what is probably the most expensive commercial real estate market in the US. Its neighbors will be no less than HP and Tesla, with Facebook up north and Google to the south. According to the constructor, the project includes two 115,000- and 80,000-square-feet buildings, comparable to the latest innovation centers commissioned by Visa and Ford to host and attract new engineering talent.
The 275 employees at WePay will also be transferred and its engineering team doubled, following plans agreed at the closure of the acquisition. Tina Hsiao, WePay COO, says that being under J.P. Morgan has benefited the company by bringing new partners and investments. "They're able to distribute us. We've got a huge pipeline", she added.
J.P. Morgan's Investment Banking office will remain in San Francisco.
The bank's involvement in IBM's $34bn acquisition of Red Hat has consolidated its second place in US tech M&A. With Goldman Sachs retaining its top-of-the-league status and Morgan Stanley striving through 2018, Jamie Dimon is willing to strengthen the firm's position even more. This comes also as a result of the departure of two of its top M&A executives. Kurt Simons, Global Chairman of M&A, joined Goldman Sachs as a Partner and Vice Chairman of its Investment Banking Division. Ethan Zweig, Co-Head of Technology M&A, is now a Partner at Qatalyst .
Thus, J.P. Morgan's Chief Executive has been an increasing presence in tech deals this year. Tim Maly, CFO of SurveyMonkey, whose recent IPO was led by the bank, said J.P. Morgan "impressed us with its dedication". Furthermore, his direct involvement on EMC's side during its takeover by Dell was the key to the closure of the deal and to a continued relationship with the client, as the bank can offer a wide range of products.
Some employees do not favor his frontline role, arguing that his presence would not be necessary if they had an adequate pool of bankers. Some others outlined his ambassador role, stating that the San Francisco M&A team was the one actually closing deals.
Smaller boutiques active in TMT may be perceived as more expert by tech companies, as compared to universal players such as J.P. Morgan. To contrast this line of thought, the continuous investments by the bank should act as an indicator of its long-term plan towards Silicon Valley.


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USC hires its first chief sustainability officer
By Gary Polakovic
Mick Dalrymple fills a cornerstone role for a university that's aiming for zero waste and carbon neutrality by 2028. (Photo/Tina Gibson)
Mick Dalrymple fills a cornerstone role for a university that's aiming for zero waste and carbon neutrality by 2028.
Michael "Mick" Dalrymple, whose career in environmental leadership and education spans more than 30 years, has been named USC's first chief sustainability officer, President Carol L. Folt announced today.
Dalrymple comes to USC from Arizona State University, where he served as the director of university sustainability practices for the past five years. He developed the department into ASU's internal consulting service to empower the university in attaining ambitious sustainability goals, including achieving carbon neutrality in 2019 — six years ahead of schedule.
"Mick Dalrymple arrives as our sustainability efforts reach a critical juncture," Folt said. "Many dynamic programs are in place, but the issues surrounding climate change are more urgent than ever and much more work needs to be done right now. It's heartening, though, to see how the USC community — especially our students — are stepping up to tackle these complex issues with creativity and compassion. Mick will bring inspired leadership to our work."
Dalrymple's position as USC's first chief sustainability officer comes with a charge of implementing a forthcoming 2028 sustainability plan that contains such goals as achieving carbon neutrality and zero waste.
USC continues to prioritize sustainability and build a greener campus
Dalrymple will co-chair Folt's Sustainability Coordinating Council and oversee the Office of Sustainability. He will begin Aug. 23 and report to David Wright, the senior vice president for administration.
"Mick Dalrymple's experience at a large university and a complex organization positions him well to maximize and expand USC's sustainability efforts," Wright said. "This position is a cornerstone to advance President Folt's sustainability vision and galvanize the campus into action."
Since Folt arrived nearly two years ago, USC has done a hard pivot to incorporate sustainability into its curriculum, operations, research and facilities. In that time, the university has completed a laundry list of projects big and small. To name just a few, USC has aligned to support Los Angeles Mayor Eric Garcetti's Green New Deal, installed solar arrays at two locations, expanded zero waste events and partnered with community groups to grow trees in vulnerable communities.
Among Folt's aggressive initiatives to promote USC sustainability are:
Phasing out single-use, nonessential plastics.
Attaining a zero waste campus.
Achieving carbon neutrality.
"President Folt has high goals for sustainability, and USC has the potential to accelerate this work and quickly become a best practices example of sustainability for the community and the world," Dalrymple said. "I jumped at the opportunity to take this on, apply lessons learned from my ASU experience and use them to help USC scale up fast. Climate change and sustainability demand an 'all hands on deck' approach."
USC's first chief sustainability officer practices what he preaches
Dalrymple earned an MBA at ASU and a master's degree at the Thunderbird School of Global Management in Arizona. His undergraduate degree is from the University of Arizona in Tucson. He's also undertaken intensive Spanish language studies in Mexico and elsewhere.
While at ASU, he previously served as practice lead in an externally facing sustainability consulting service and managed an urban-scale energy efficiency project in Phoenix. He also co-founded two Arizona businesses that provided green building construction materials and LEED consulting services.
On a personal level, Dalrymple strives to live sustainability values by driving an electric vehicle, which he bought used, "to advance transportation electrification and the circular economy." He retrofitted his Arizona house to be highly energy efficient and then added solar water heating and 3 kilowatts of solar photovoltaic panels. His family practices composting, recycling and avoiding toxins in household products.
Dalrymple previously worked in Los Angeles in the film industry in the 1990s and marveled at how far the city has come with its cleaner skies and mass transit. Dalrymple said and he and his wife, Alison, who runs her own business, are looking forward to finding a green home near a Metro stop so he can ride the train to USC — an option unavailable when he last lived here.


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Telekamery 2006 – dziewiąta gala rozdania Telekamer "Tyle Tygodnia" została zorganizowana 23 stycznia 2006. Nagrody za rok 2005 dla postaci telewizyjnych przyznano w dziewięciu kategoriach, poza tym wręczono Złote Spinki, nagrodę za całokształt twórczości, którą odebrał Jerzy Hoffman. Galę prowadzili Grażyna Torbicka i Marcin Daniec.

Gościem zagranicznym na gali była Laura Dern. Na nominowanych oddano łącznie ok. 300 tys. głosów.

Laureaci i nominowani
Lista nagrodzonych została sporządzona na podstawie materiału źródłowego:

Informacje
Wręczała: Danuta Dobrzyńska

Łącznie w tej kategorii oddano 339272 głosy.

Publicystyka
Wręczali: Magda Sakowska i Jacek Karnowski

Program społeczno-interwencyjny
Wręczali: Beata Gwoździewicz i Maciej Dowbor

Serial obyczajowy
Wręczali: Aneta Zając i Jakub Wesołowski

Serial kryminalny
Wręczali: Bartosz Obuchowicz i Anna Janocha

Rozdano 2 Telekamery, w kategoriach: Serial kryminalny dokumentalny i Serial kryminalny fabularny.

Serial kryminalny dokumentalny

Serial kryminalny fabularny

Aktor
Wręczała: Katarzyna Cichopek

Aktorka
Wręczał: Paweł Małaszyński

Rozrywka
Wręczał: Kabaret Ani Mru-Mru

Muzyka
Wręczali: Robert Kozyra i Magdalena Wójcik

Przypisy

Telekamery
2006 w Polsce

redpajama_set_name: RedPajamaWikipedia


Tip the flour, sugar, salt and yeast into a bowl and mix together. Pour in the egg and milk and whisk until a smooth batter is formed. Cover and set aside for at least 1 hour until the batter has risen and starts to bubble slightly.
Heat a frying pan until medium hot. Whisk the batter once more then add a little oil to the pan and swirl around. Add small spoonfuls of the batter to the pan. Cook for 30 seconds until bubbles just form on the surface and then flip over and cook for another few seconds.
Remove and set aside to cool while you cook the remaining batter.
Pour the cream into a bowl and whisk until soft peaks for then whisk in the icing sugar and orange zest and whisk until just firm.
Lay 8 blini onto a plate, top with a tiny blob of cream, then top with another 8 blini, more cream then another 8 blini.
Place a berry on top then secure with a cocktail stick and place onto a serving plate.


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Ethiopian Airlines Flight 302 Pilots Initially Followed Correct Steps Before Plane Crash
April 3, 2019 By Edward Pizzarello1 Comment
The pilots of Ethiopian Airlines Flight 302 that crashed shortly after takeoff appear to have initially followed proper procedures. They disabled power to electric motors that control the MCAS system. The MCAS system is believed to be a contributing factor to both this crash and the crash of Lion Air Flight 610. Both flights were operated by the Boeing 737 MAX aircraft. The MCAS system automatically pushes the nose of the plane down to prevent stalls.
According to a recent Wall Street Journal article, the pilots diverted from the prescribed procedure, likely after failing to be able to gain control of the aircraft:
After turning off a flight-control system that was automatically pushing down the plane's nose shortly after takeoff March 10, these people said, the crew couldn't get the aircraft to climb and ended up turning it back on and relying on other steps before the final plunge killed all 157 people on board.
The pilots on Ethiopian Airlines Flight 302 initially reacted to the emergency by shutting off power to electric motors driven by the automated system, these people said, but then appear to have re-engaged the system to cope with a persistent steep nose-down angle. It wasn't immediately clear why the pilots turned the automated system back on instead of continuing to follow Boeing's standard emergency checklist, but government and industry officials said the likely reason would have been because manual controls to raise the nose didn't achieve the desired results.
The Wall Street Journal is a subscription site, so you may not be able to read the entire article. You may have luck Googling the title Ethiopian Airlines Pilots Initially Followed Boeing's Required Emergency Steps To Disable 737 MAX System).
The article goes on to say that the information is preliminary. A more full report is likely to be released in the coming days. That may shed more light on the sequence of events that ultimately lead to this crash.
The Final Two Pennies
These are far from the final two pennies on this subject. It will be many months before a final determination is made as to the cause of the crash of both the Lion Air and Ethiopian Airlines flights. The Boeing 737 MAX continues to remain grounded worldwide after initial resistance by the FAA to do so, leading to disruptions for many airlines and their customers. A fix is in the works that should be rolled out soon. However, there's no clear timeline for when the planes will return to the air. Airlines could see the 737 MAX grounded for months to come. That throws a serious wrench in summer travel schedules. Airlines like Southwest are already feeling the pain of canceling flights during busy spring break travel.
In the interest of full disclosure, I'm a Boeing shareholder and a big fan. My natural bias is to assume Boeing did the right thing. Still, this most recent information is fairly damaging, if true. The pilots seemed to be following their training, only to lose control of the aircraft. There may be other contributing factors here besides MCAS, the system meant to help prevent stalls in the new MAX. Either way, it seems that this new system will remain at the heart of the controversy surrounding the Boeing 737 MAX for some time to come.
Did you enjoy this post? Please share it! There's plenty of ways to do that below.
You can also follow me on Twitter, Facebook and Instagram.
And, I hope you'll check out my podcast, Miles To Go. We cover the latest travel news, tips and tricks every week so you can save money while you travel better. From Disney to Dubai, San Francisco to Sydney, American Airlines to WestJet, we've got you covered!
AviationBoeing 737 MAX, Ethiopian Airlines, Flight 302, MCAS, Plane crash
I'm a huge Boeing fan and I really feel like they have not done the right thing on any level here. They have accepted no responsibility for anything, from introducing a new system without requiring any training, requiring inadequate training to begin with, not vetting the new system, or grounding the plane when it seemed pretty obvious that something was seriously wrong. There's obviously more, but Boeing has acted terribly here. They've lost an enormous amount of trust. Making this out to be some minor glitch is not going to help.
Did Hyatt Hit a Milestone With Their Latest Announcement?
Did the Internet Find Images of United Airlines' New Livery?


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Hidden TV lift cabinets with a built-in, motorized Touchstone WhisperLift II TV lift to raise and lower a TV on demand. Modern, heirloom and traditional styles. Leather wrapped, espresso, white, unfinished and more. Custom finishes available.


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Future portfolio success will be built on impact
The volatility throughout this global pandemic has served as a blunt reminder of the vulnerability of our financial system to global shocks. Having spent 35 years in the private equity space, I have witnessed numerous economic cycles, but this downturn appears to be unique.
As we move further along the dreaded "second wave", the main issue paralysing the finance sector is uncertainty. Concern over when consumer and investor confidence will return is widespread—and unfortunately, there is no immediate end in sight.
Why impact investors don't have to sacrifice financial returns
Families and private investors say long-term impact investing delivers social and environmental outcomes while growing capital and managing risks in an era of global disruption.
More than 300 respondents with an estimated accumulated net worth of $264 billion from 41 countries surveyed by Campden Wealth reported an average return on impact investments of 9% in 2019, compared to 12% for traditional investments.
Impact invest in water intelligence with PureTerra Ventures
PureTerra Ventures has been involved in water in various aspects for more than 25 years, from senior management experience in technology companies to organisation of one of the largest water and wastewater exhibitions globally.
Is Impact the new black?
Impact investing is an investment strategy which has grown dramatically since its infancy. Its objective is to make a positive difference and target progress on environmental, social and governance (ESG) matters. Whilst still in the initial stages of development, impact investing continues to grow and mature.
Here Samantha Steele outlines what impact investing is and how Russell Investments is seeing increased momentum around its incorporation into private market investment plans.
What is impact investing? Why now?
Sustainable investing in the private wealth sphere: How can fiduciaries balance the risks with the rewards?
Risk and reward are concepts that everyone thinks about when considering investment strategy. However, in the context of sustainable investment, fiduciaries and family offices are often more concerned with risk, particularly if they are new to this area of investment.
Will the coronavirus crisis make or break impact investing?
The ethos of impact investing for positive change seems tailor-made to tackle the devastating repercussions of the coronavirus crisis as states buckle and a recession looms, but cometh the hour, cometh the family impact investor?
The $502 billion impact space is where investments are made with the aim of generating measurable environmental or social impacts while giving a competitive financial return. The strategy has been increasingly attractive to families of sustainable wealth since the Rockefeller Foundation first coined the term in 2008.
How Dilmah is taking care of family business against the coronavirus
Dilmah, the global Sri Lankan family tea producing business, has moved swiftly to safeguard its workforce and adapt its manufacturing when confronted by the coronavirus, and calls for humane family values to recalibrate the post-Covid-19 world.
How families can make positive impact investments and get results
A quarter of family offices are already engaged in impact investing, a sector with assets worth $502 billion in 2019, roughly double the year before, but how can families really make a positive impact and return?
FB Roundup: Kering, Koch and Soros, and Tipping Point Fund
Pinault family's Kering explores a Moncler takeover, Charles Koch and George Soros unite against the US war industry, and Blue Haven, Rockefeller and Ford foundations help launch an impact fund.
Pinault family's Kering explores Moncler takeover
The rivalry between the Pinault and Arnault luxury family businesses appears to be intensifying with Kering in talks to acquire Moncler only weeks after LVMH bought Tiffany and Co for $16 billion.
Sustainable performance to The Fore in Hoare family-backed venture philanthropy
A Hoare family-backed sustainable impact funder says its social welfare startups are beating performance expectations in its benchmark study.
London-based seed funding initiative The Fore found 74% of the nascent charities it supported around the United Kingdom succeeded in meeting their targets over the past two years. More than 70% of grantees surpassed their expectations for expanding their charitable activities after one year of funding. More than 50% exceeded their forecasts for income generation after a year of funding.


Lately, you might feel like you don't have any time for yourself. You might feel rushed. You might feel the pressure to be "productive," so you hyper-focus on your list of unfinished tasks. You might feel like every second is scheduled—and "me time" is sadly not included.
And yet you yearn for some time to yourself. Time to explore what you're thinking and feeling. Time to make sense of what's happening inside your heart. Time to breathe. Deeply.
What can help is focusing on the margins: the small moments, the small pockets of time you do have in your day. Your commute. Your lunch break. A long line. A child's nap. A doctor's appointment. Just before bed.
Below are 10 quick journal prompts from Adam J. Kurtz's newest book Pick Me Up: A Pep Talk for Now and Later to explore in the margins of your days, when you have a mere moment and yearn to reconnect with yourself.
Write down your emotions. Don't worry about explaining them; just write what you feel.
Describe the dream you had last night in three words.
Apologize to yourself (e.g., "Sorry I didn't trust you," "Sorry I stayed up so late").
Write something to work on or grow through right now.
Write thank-you notes to yourself (e.g., "It meant a lot when …" "I appreciate …" "Thank you for …").
Think about everything that you didn't know you could do, until you did it. Start a list. Return to this list, and add on.
Write down something you need to remember.
Write down things you're definitely going to forget but don't want to.
What feels like home right now?
Our days are often full with responsibilities. Finding 20 minutes to yourself might feel absolutely impossible. Which is OK. Because spending even just a few minutes self-reflecting can be incredibly nourishing.
It can help us to not only better understand ourselves but to figure out a next step. To figure out how we want to live our lives. And there is nothing small about that.


Israel Film Festival selections depict a society coping with the Islamist enemy which France has blamed on Israel, but now must confront herself.
Filmmakers of pictures to be screened in the final week of the 29th Israel Film Festival, "Hagiga- History of Israeli Cinema," "Sabena Hijacking: My Story" and episodes from the controversial, Palestinian-depicting, Israeli TV series "Fouda" speak at their screenings the Israel Film Festival in Beverly Hills and San Fernando Valley, California.
Nati Dinnar, producer "Sabena Hijacking: My Story" tells the story of the 1972 Sabena Airline hijacked en route to Tel Aviv, whose rescue became seminal in the careers of Israeli Defense personnel, who became politicians. Dinnar states that the story has become textbook handling in the profession of hostage negotiations throughout the world.
The grandson of Capt. Reginald Levi, the real-life pilot depicted in docu-drama, "Sabena Hijacking: My Story" reveals how the event depicted affected their lives. Yaron Lipschitz had not yet seen the movie at the time he spoke with our camera. "Sabena" screens Saturday Nov 14th at 5pm.
Arik Bernstein, producer of "Hagiga- History of Israeli Cinema" which shows the attempt of Holocaust survivors to re-establish careers of artistic film production in the fledgling, desert country- and how it evolves. Created as a documentary series for IBA Channel 1, several episodes screen together on Sunday and Monday at the Israel Film Festival in the Valley.
Arik Bernstein answers audience questions at the series episodes screening in Hollywood. "Hagiga" will screen on Sunday and Monday, Nov 15-16 in the Valley.
Please refer to the Israel Film Festival website for locations and schedules.


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Q: Can I back up my Xen-based VPS Remotely? I have a Xen-based VPS instance of Ubuntu Server 12.04. I'd like to maintain my own offsite image of my install. The vendor does offer a variety of backup options for additional costs. I'm doing an inexpensive snapshot option, but would feel safe if I could clone the environment. I'm only using about 8 GB right now and I have good bandwidth on my site. What is an option for imaging this?

A: In Linux everything is a file.
So there is no need for an image here.
I would suggest to use rsync  to replicate your file systems.

redpajama_set_name: RedPajamaStackExchange


Despite being tarnished, Coeur's shares appear attractively valued after an earnings miss.
Shares of Coeur Mining (NYSE:CDE), a silver and gold mining company with properties located throughout North and South America, tumbled a whopping 26% during February, according to data from S&P Global Market Intelligence. There appear to be two primary catalysts that weighed on Coeur's share price last month.
If there's a clear-cut reason why Coeur Mining's share price was throttled, it's the company's disappointing fourth-quarter results, released on Feb. 8.
For the quarter, Coeur reported $159.2 million in revenue, which was down modestly from the $164.2 million in sales reported in the year-ago quarter. Total tons milled dropped from 301,274 in Q4 2015 to 287,569 in Q4 2016, with the silver recovery rate notably lower by more than 6 percentage points.
In terms of its bottom line, Coeur Mining reported a net loss of $8.3 million, or $0.03 per share, which was considerably better than its one-time charge-riddled $303 million loss in Q4 2015. However, on an adjusted basis, Coeur delivered a $0.01 per-share profit in Q4 2016, which was nicely improved from the $0.31 adjusted loss from the year-ago quarter.
Comparatively, though, both Coeur's sales and adjusted profit missed the mark. Wall Street had been looking for $181.9 million in sales and $0.11 in adjusted earnings per share (EPS). It simply wasn't even close.
The other issue for Coeur, and precious-metal miners in general for that matter, is that the likelihood for a March Federal Reserve rate hike has been rising substantially over the past couple of weeks. The U.S. economy has mostly produced solid growth and jobs data, and the Fed governors have predominantly hinted at an orderly increase in the federal funds target toward the 3% mark within a few years.
Higher interest rates aren't typically good news for precious metals like gold and silver, because neither metal offers a dividend. As interest rates rise, the yields on interest-bearing assets, such as savings accounts, bonds, and CDs, will start rising, too. If those yields move nicely above the rate of inflation, they'll probably attract investors away from gold and silver, hurting the spot prices for both precious metals.
Though Coeur Mining delivered subpar results in Q4, there's simply too much good news to ignore.
For example, despite having relatively high all-in sustaining costs (AISC) compared to its peers, the company's move from a hybrid of surface mining and underground mining to an entirely underground operation should lead to higher ore grades and lower capital expenditures. In other words, in a matter of a few quarters, Coeur Mining could have one of the lowest AISC's of the silver-mining industry.
Also, Coeur Mining has a veritable bounty of catalysts. The underground development of its flagship Palmarejo mine is expected to drive an estimated 3.4 million silver equivalent ounces of growth in 2017. What's more, investments in the Rochester mine have doubled production and reduced unit costs by nearly half over the past three yeas. Coeur also has the ability to trim its costs at the Wharf mine.
With Coeur having reduced its debt by more than 50% on a year-over-year basis, to $211 million, and Wall Street anticipating $1.57 in cash flow per share by 2018, I'm inclined to think this dip is a very attractive buying opportunity for precious-metal investors.


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Today, we're going to be taking a look at the betting behemoth that it 10Bet.co.uk. First founded way back in 2003, 10Bet is a well-respected industry member that holds gambling licences from the Malta Gaming Authority, the Curacao Gaming Association, and the prestigious UK Gambling Commission.
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George Thorngate Weston (21 October 1876 – 19 September 1957) was a New Zealand lawyer and cricketer.

Weston was born on 21 October 1876 in Hokitika. The publisher Walter Weston was his twin brother. The judge Thomas S. Weston was their father. Thomas Shailer Weston Jr. and Claude Weston were brothers, and Agnes Weston was his sister-in-law. Weston received his education in Christchurch at Christ's College and Canterbury College. He graduated from the university with a bachelor of art in 1897 and a bachelor of laws in 1898. In the same year, he was admitted to the bar by Justice Edward Conolly.

Weston played in four first-class matches for Canterbury from 1903 to 1905.

Weston was a lecturer in law at his alma mater from 1902 to 1906. He served on the board of governors of Canterbury College from 1907 to 1916. In 1919, he was elected fellow of Christ's College. In 1917 and 1918, he was lieutenant in World War I. He was a prominent lawyer in Christchurch, where he founded the firm Weston Ward & Lascelles (which, as of 2022, is still operating). Later in his career, he had the rank of major in the New Zealand Army and worked in their legal department. For a time, he served as president of the Canterbury District Law Society.

A Freemason, Weston served as grand registrar of the Grand Lodge of New Zealand Freemasons from 1930 to 1932.

Weston engaged architect Cecil Wood to design a stately house. It took two years to build, located on Park Terrace and looking out over North Hagley Park. Completed in 1924, the building became known as Weston House and was later registered as a Category I heritage building by Heritage New Zealand. It was demolished after irreparable damage from the 2011 Christchurch earthquake.

On 14 November 1923 at St Luke's Church, he married Maude Cargill. In 1953, he was awarded the Queen Elizabeth II Coronation Medal. Weston died on 19 September 1957 aged 80 at his home in Park Terrace, and was survived by his wife, two sons, and one daughter. His wife died in 1976.

See also
 List of Canterbury representative cricketers

References

External links

 Weston Ward & Lascelles

1876 births
1957 deaths
20th-century New Zealand lawyers
New Zealand cricketers
Canterbury cricketers
People from Christchurch
George
People educated at Christ's College, Christchurch
University of Canterbury alumni
New Zealand military personnel of World War I
New Zealand Freemasons


text:
Welcome to Roswell Park
Should I come to my appointment in light of the COVID-19 pandemic?
You will be notified by your Roswell Park Center if your appointment has been cancelled, rescheduled or moved to a virtual visit. If you do not hear from Roswell Park, please assume your appointment is still scheduled and your doctor prefers to see you in person. If you are required to come to one of our centers for your appointment, please know that we continue to provide a safe environment for our patients and employees. Keep up to date with the latest on Coronavirus.
Click to view larger version
Located on 28 acres in downtown Buffalo, between the shores of Lake Erie and Lake Ontario, Roswell Park Comprehensive Cancer Center is a 10-minute drive from the Canadian border.
It is served by the Buffalo-Niagara International Airport, which offers 110 daily nonstop flights, and the Niagara Falls International Airport, which accommodates international charter and cargo flights.
Elm & Carlton Sts.
GPS address:
Please note that the above address is not Roswell Park's mailing address.
View our other locations
From within the United States
Take the New York State Thruway (Interstate 90) to Exit 51W;
Exit and merge onto Route 33 West/Kensington Expressway
Exit at Locust St.
Turn right at the first traffic light (Michigan Ave.)
Continue on Michigan Ave. for two blocks to Carlton St.
Turn left at the traffic signal onto Carlton St.
The entrance will be on your right at the end of the block.
Take the QEW toward Buffalo, NY
Cross the Peace Bridge into the U.S.
Follow signs for the I-190 South to the Elm St. exit
At the end of Elm St., turn left onto Goodell St.
Merge into the right lane and turn right onto Ellicott St.
Follow Ellicott St. to Carlton St.
Turn right onto Carlton St. and proceed to Elm St.
The entrance will be on your left.
From Carlton or High streets, proceed west to Main St.
Turn right onto Main St.
Turn left on to North St.
Continue on North St. (which becomes Porter Ave.) and follow signs to the Peace Bridge
Turn right onto Bridge Plaza
Roswell Park's parking garage is on the southeast corner of Carlton and Elm streets, across from the hospital entrance. Clearance in the parking garage is 6' 5". Our valet service has now reopened.
Travel by Plane
Buffalo/Niagara International Airport is approximately six miles from Roswell Park. Many area hotels offer shuttle bus transportation from the airport. Taxi service and rental cars also are available.
Travel by Bus
Buffalo is served by a number of bus lines at the main bus station, which is about two miles from Roswell Park. Visit Niagara Frontier Transportation Authority (NFTA) to see routes, schedules and fare information, or call 716-855-7211.
Travel by Metro Rail
The city's metro rail stop at the Allen/Medical Campus Station is one block from Roswell Park; the station is at Main and Allen streets. For schedules and fare information, visit the NFTA website or call 716-855-7211.
Travel by Train
Amtrak provides rail service to Buffalo, and taxi service is available at the train station.
Roswell Park is conveniently located in downtown Buffalo, NY. The main entrance is on Carlton Street between Michigan Avenue and Elm Street. Valet parking and wheelchairs for patient use are available at the main entrance to the hospital.
When arriving at Roswell Park, you may park in the parking ramp on Carlton St. Handicapped parking spots are available on the ramp's first floor. Use the enclosed walkway on the ramp's third floor to enter the hospital or cross Carlton St. at the crosswalk. The walkway is particularly useful in inclement weather.
Parking Ramp Rates
Less than 2 hours: $4
From 5 to 24 hours: $9
Our Parking & Transportation Team has developed thorough safety protocols that will allow this important patient service to return.
News that will be welcomed by many of our patients and visitors, our Valet Services have resumed. After weeks of safety planning and training, including consulting with other valet providers and healthcare facilities, our Parking & Transportation Team has developed thorough safety protocols that will allow this important patient service to return.
Hours for Valet Service will be 5:45 a.m. to 7 p.m. Monday through Friday (excluding holidays).
Wheelchair assistance will remain available on the third floor of the parking garage for those who do not wish to use valet.
Valet prices will remain $5 for patients ($1 more than reduced parking garage rate for patients) and $10 for visitors/non-patients.
Drop-off for other vehicles (i.e. taxi cabs and other transportation services) will remain at the front circle for the time being. This will be re-evaluated based on valet volume, which is expected to ramp up slowly.
Discounted Patient Parking
Inpatients (or their drivers) may obtain a stamp for reduced parking rates on their day of admission or discharge, and outpatients may obtain the stamp on their visit days by presenting their patient card and ramp parking ticket at the Information Desk in the lobby on the hospital's ground floor.
The reduced-rate stamp parking fee is $4 for 24 hours; add $1 if you use the valet service.
Roswell Park also offers a discounted 11-visit pass for $40 (a savings of up to $59) for patients and visitors. Please visit the parking office on the ground floor of the parking ramp to purchase a pass.
Metered on-street parking is also available. However, please consider the length of your visit and meter expiration times to avoid getting a City of Buffalo parking ticket.
The Buffalo Roam app allows you to pay for metered parking on your phone. You may download the app on your iPhone or Android device at Buffaloroamapp.com. Look for signs for where Buffalo Roam is accepted.
The Metro Rail Allen/Hospital station is at Main and Allen Streets, three blocks from Roswell Park. Bus lines also run nearby. For route, schedule and fare information, call the Niagara Frontier Transportation Authority at 716-855-7211 or visit NFTA.com/metro.
Many local hotels and hospitality houses in downtown Buffalo offer special rates to Roswell Park patients, their families and visitors. Patients or family members from outside the area who have Medicaid may qualify for lodging assistance.
The Kevin Guest House
782 Ellicott St., Buffalo, NY 14203
Kevin Guest House, America's first healthcare hospitality house, provides a comfortable and supportive home-away-from-home for out-of-town patients and their families. In addition to 10 guest rooms in the main house, Kevin Guest House maintains four transplant-recovery apartments for blood and marrow transplant patients and for extended-stay guests. Kevin Guest House is immediately adjacent to the Roswell Park campus.
The suggested donation for lodging at Kevin Guest House is $25 per person per night for the main house rooms and a $50 flat rate per night for the apartments. To make reservations, call 716-882-1818 or e-mail info@kevinguesthouse.org.
Wyndham Garden Hotel
125 High St., Buffalo, NY 14203
The Wyndham Garden is a 100-room hotel located on the Buffalo Niagara Medical Campus. Guests can safely and quickly travel via an indoor walkway to reach Roswell Park, Buffalo General and Oishei Children's Hospital. The hotel, a smoke-free property, offers the following amenities in each room: microwave, refrigerator, in-room safe, hairdryer, free Wi-Fi and coffee maker. On-site laundry facilities, a business center, fitness center and restaurant are available. The hotel has a complimentary shuttle for travel in the immediate downtown area. Nightly room rates are $99.00 and are available to all patients, family members, doctors, consultants, direct bill reservations, etc. This rate will always be available (as long as the rooms are available) through the rest of 2020 and all of 2021. They will not increase the rate, even on high demand dates and will never charge a fee for a cancelled room. Please click the link above for the discounted rates. For more information, call 716-845-0112 or 1-866-697-3524.
The Ronald McDonald House
780 West Ferry, Buffalo, NY 14222
The Ronald McDonald House provides safe, comfortable and affordable lodging to families of pediatric patients (under age 21) in Buffalo area hospitals. The 107-year-old mansion, located on a lovely residential street, offers each family a private bedroom, fully stocked kitchen, playroom, free laundry facilities and van service to and from their hospital. The room fee is $15 per night, with check-in available from 8:30 a.m. to 8:30 p.m. Reservations are recommended.
Hyatt Regency Buffalo
2 Fountain Plaza, Buffalo, NY 14202
The Hyatt Regency offers a discounted rate of $97 per night for friends and family of patients. This 396-room property provides deluxe amenities and a convenient location. The standard room rate includes complimentary shuttle service to and from Roswell Park. For more details, call 716-856-1234.
510 Delaware Ave., Buffalo, NY 14202
Best Western offers discounted rates to Roswell Park patients and their loved ones starting at $75 per night for double occupancy. Amenities include free parking, continental breakfast and shuttle service to the hospital.
For more information about other lodging options near Roswell Park, visit the Buffalo Niagara Visitors Bureau.


text:
using Microsoft.WindowsAzure.Mobile.Service;

namespace jbbBackEndV2.DataObjects
{
   public class Staff : EntityData
    {
        public string Name { get; set; }
        public string Title { get; set; }
        public string Desc { get; set; }
        public string PicUrl { get; set; }
    }
}

redpajama_set_name: RedPajamaGithub