Steven has quite a background when it comes to his career in entertainment.
Starting his career in school Steven was involved in a lot of drama productions were he was an actor and studied drama and choreography. From there Steven became a part of a team who were starting their own in-house and school mobile disco which became a huge sucess! Due to his comitment and hard work Steven became the Entertainments manager for the school which was overseeing all things entertainment related such as discos, karaoke club, bingo nights and so much more.
Steven is also a main stage presenter which he still does to this day.
Since leaving school he has completed a sound production course and is now studying 'NQ Radio & Sound Production' at New College Lanarkshire.
Joining Cumbernauld FM in 2017 as 'The Drivetime Show' Presenter he continues to make people smile.
Steven currently DJ's and provides kids entertainment part time in the Cumbérnuld area.
Where there is a Cumbernauld FM event that involves entertainment you will find Steven there for sure.
Join Steven M every weekday 4pm-6pm for 'The Drivetime Show'.
Takes you on a journey from Ed Sheeran to Anne Marie, Ryan plays all the best songs with his vast experience in radio he sure knows how to put a good show together. Tune in and listen to all the best songs if your looking to wake up in the morning then this is the show to listen to.
Newly moved to Cumbernauld, Emma studied radio broadcast many moons ago but has always had a passion for music. She's currently studying civil engineering and can usually be found with her nose in a book and pens in her hair. Ideally, Emma would play nothing but Biffy Clyro, but she understands that's not everyone's cup of tea! Her show features all types of music, as long as it makes you feel good! The 2'Oclock Pick Me Up is all about getting you through the last part of your day, when you've had your lunch and you're counting down till you can put your feet up!
Graham Forrest has been hosting his Saturday Lunchtime Show for well over a year now and he enjoys playing faster paced music from the 80's onwards with a few current chart hits thrown in for good measure. His love of pop trivia and his 'Backtracker Quiz' make for a varied show.
Join Graham Forrest every Saturday from 12pm-2pm with 'The Backtracker Show'.
Joan joined Cumbernauld FM last summer after three years experience with a college radio station. She is currently looking for submissions from new and unsigned acts.
Joan has very diverse tastes, playing everything from punk to disco, from rock to hip hop. She has recently been joined on her show by her grandson Ryan, so there's quite a bit of input from the younger generation as well. Joan is also happy to play requests and to do shout outs, so get in touch.
Join Joan every Thursday evening from 6pm – 8pm.
Although relatively new to the world of broadcast media, George is no stranger to bringing music to the public.
For more than thirty years, he has been a musician recording, touring and composing with various artists throughout Europe, primarily in the bands White and DMP with whom he has released a handful of acclaimed albums.
More recently, George has been involved in providing music for independent film and stage productions in London and is currently working on a number of screenplays, one of which is based on his youthful adventures in the music business.
His eclectic show on Cumbernauld FM has attracted followers from all over the globe with regular listeners tuning in from Cape Town, Stockholm and Los Angeles as well as a small but devoted following from closer to home.
Javed has over 30 years of Community Media experience. A lecturer at NCL Cumbernauld. Involved in third sector with WSREC and part of Community Radio with Awaz FM. A Council Member of Community Media Association and Scottish Community Broadcasting Network.
Campbell is a well-known face on the Glasgow rock scene, attending as many gigs as his wallet and liver could cope with over the last 40 years, and has been presenting the Fatman's Rock Show online for the last 5 years. His passion for music is stronger than ever and when he says the rock scene is currently in the best health for decades, you better believe it!
His show covers most aspects of the rock world over the last 50 years, from the amazing unsigned new talent out there to the established legends and everything in between. You'll hear anything from traditional classic rock to prog, metal, blues and punk, so it can be an eclectic and intriguing mix to match his taste in music, and you'll never know quite what to expect each week, but you can guarantee, it will rock!


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House at the End of the Street (2012)
Written by: David Loucka (screenplay), Jonathan Mostow (story)
Directed by: Mark Tonderai
Starring: Jennifer Lawrence, Elisabeth Shue and Max Thieriot
Fear reaches out for the girl next door.
Just about everything about House at the End of the Street--from its title (how many houses have we visited since the last one on the left?) to its psycho-next-door setup--is so rote and mechanical that it's almost shocking when the film takes an interesting turn about midway through. For the briefest of moments, its direction is uncertain, and it has just enough goodwill built with its cast to intrigue with this mid-movie hook. Unfortunately, it turns out it's just the bait, as House at the End of the Street switches to preposterous tedium and PG-13 schlock that diffuses whatever unnerving impact the film might have given its various psychological twists and turns.
As the trailer itself intones, however, let's backtrack to the beginning: Elissa (Jennifer Lawrence) and her mother (Elisabeth Shue) have moved to a small town, where they've decided to rent a spacious house out in the woods. Mistakenly, the two believe the house next door to be vacated after a heinous double murder involving a young girl killing her parents occurred there four years ago; however, it turns out that Ryan (Max Thieriot), the family son who was sent away to live with an aunt for several years, has returned to his childhood home. He and Elissa hit it off immediately, much to the dismay of her mother, but it turns out that her maternal instinct is right since Ryan is actually keeping his brain-damaged, deranged sister in the cellar of the house.
Even though that sounds like the film's big hook, there are plenty of secrets left to discover as the film crawls ahead. It doesn't make it easy on itself since it seemingly unpacks everything early and often--we open on the murder scene featuring 13 year old Carrie-Ann stabbing her parents to death, and the story is retold ad nauseam, even when Ryan finally shows up in the movie. After their first encounter, Elissa visits Ryan at his home and essentially has him retrace all of the tragic steps leading up to his parents' murder at the hands of his sister. Because the script wants to spoon-feed the information to its audience, it has its characters (particularly Elissa, whose conversational ice-breaker is "your parents were murdered") act nothing like normal human beings. While it's natural that Elissa would be curious about something like this, it comes off as stilted and unnatural, as if the film would rather just bury you under an avalanche of exposition instead of truly liking its characters.
The obviousness of it all nearly lulls you to sleep, so much so that House at the End of the Street feels more like a typical teen movie. Elissa and her mom are constantly clashing because the latter's just now decided to be a decent mom after Elissa's dad has raised her all this time. No real details are provided to flesh this stuff out (a flaw that permeates throughout the script), but Shue's character was apparently a bit of a wild child, so she's grown up to be the overprotective type. Elissa's first few days in town reveal some pretty slim social prospects; during a potluck, she's set up with what seems like the town's most upstanding young citizen, a guy who started a famine relief club and everything. However, one date rape attempt later, and the weird, brooding boy next door suddenly seems pretty appealing. It's either Night of the Living Bro or a college guy housing a psychotic, long thought-dead sibling down in his basement.
She chooses the latter, and, in doing so, seemingly hinges all the suspense on the central dramatic irony--just how long will this budding romance last until Carrie-Ann bursts forth from her prison to wreck everything for her brother? Instead, the film takes a hard left just when it looks resigned to trudging through all of the motions, and it treads into exciting territory for all of five minutes before utterly careening into the wall is it attempts to wind and wend through a series of ludicrous twists. Each is more absurd than the last, and the film ultimately pilfers from a few different (and mostly better) horror flicks from the past, and they come at such a rate that everyone involved must have counted on the audience simply refusing to think about the logic behind it all. None of it stands up to the faintest of scrutiny, but even that'd be forgivable if the film had anything in the way of genuine scares or imagery; instead, it just boils down to another scantily-clad girl in peril poking around a creepy house, a recipe that's only full of loud jolts and tame violence. Whatever interest it might have actually had in its characters is sacrificed for inane plotting that actually contorts the character dynamics into an unappealing position that almost justifies a savage mob mentality that emerges out of left field (can you tell I'm tip-toeing around spoilers here?).
Anyway, I guess it's true that most films like this can't boast Jennifer Lawrence as its girl in peril, and she's pretty good here. Anyone who's seen her in Winter's Bone knows she's the real deal, and that shows through here too, even when she's saddled with unbearable dialogue and character beats. Shue is also solid, while Thieriot can effectively brood in the role of the sad guy with the sad story that everyone wants to repeat for maximum sadness. For a movie that's so ridiculous, House at the End of the Street sure is dire and severe; had it any sort of manic pulse, I'd say it's destined to be future bad-movie classic (I think My Soul to Take is inching towards that status as we speak). However, it's never really that bad, so it'll instead go down in the same category as stuff like Dream House (which shares screenwriter David Loucka in its credits, so go figure): movies that waste an enormous amount of talent both on screen and off of it, as the fine cast goes wasted along with the involvement of Jonathan Mostow, who penned the original story. Ultimately, it'll probably just serve as a footnote and the answer to future trivia questions that ask which horror movie Jennifer Lawrence starred in early in her career. Just about everybody has at least one--some are lucky enough to land in some worth claiming many years later, but House at the End of the Street will be forgotten by the time you exit the theater lobby. Rent it!

redpajama_set_name: RedPajamaCommonCrawl


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Q: Proof of renormalizability based on analyzing the symmetry of effective action: isn't regulator also important? In QFT Vol2 written by Weinberg (Chap 16-17), or very much similarly in Adel Bilal's notes (Chap 7), a powerful way of proving renormalizability is presented: Analyze the symmetries of the quantum effective action (QEA), and since QEA generates all 1-particle irreducible diagrams, the symmetry of it tells us what kind of counterterms are needed. If the symmetry is strong enough to limit the form of counterterms such that they are already contained in the original Lagrangian, the renormalizability is proved.
But it seems that, for the terms in their intermediate derivations to make sense at all, they must be understood as already regularized. However, it is not obvious that there exists a regularization scheme that respects all the utilized symmetries (In the QCD case they are Lorentz invariance, global gauge invariance, antighost translation invariance, ghost number conservation). Is this a missing step in their proof?

A: Not an expert on this, but I would think about from a top-down approach rather than the other way round: So we start from a "fundamental" theory (FT), valid at all energy scales (high energy included) and we then derive the low energy effective field theory (LEFT), which is sufficient to describe physics at the low energies. There are two logical possibilities:
i)The LEFT is "of the same type" as the FT, ie the terms in the lagrangian for both of them are of the same type, or
ii)The LEFT is of "different type" than the FT, ie the lagrangian of the LEFT contains more terms that are needed to describe the effects of the high energy effects that have been integrated out.
If for a given low energy theory all the counter-terms are constrained by the symmetries to be of the same type as the ones we already have, then clearly we are in case i) and the theory is renormalizable. I do not see why the existence of a regulator would affect the argument. Maybe in one regularization scheme you can prove that the counter-terms are of the same type and in another one you cannot, so you should choose the scheme that works best if you are trying to prove renormalizability. However, this choice should not change the fact that the theory is renormalizable or not. It just makes it easy/hard to give a proof for it. Furthermore, I don't think it tells you anything about which scheme to use to actually make the calculations easiest.
Finally, regarding the statement "dimensional regularization is essential to the renormalization of QCD", I would interpret it as "dimensional regularization is essential to QCD, because it respects the gauge symmetry" and not as "dimensional regularization is essential to prove the renormalization of QCD".
Hope this helps!

redpajama_set_name: RedPajamaStackExchange


The New England Fluency Program is an integrated therapy program that combines both fluency shaping and stuttering modification approaches to treat individuals who stutter. Clients first confront, identify and become desensitized to moments of stuttering and listener reactions through clinic and community transfer activities. The program concentrates on developing the individual's awareness of physical, emotional, and cognitive components of stuttering and to restructure their beliefs about stuttering so that they can become more comfortable communicators.
Clients are also taught to physically reconstruct the motor behaviors necessary for fluent speech. Research supports that the muscle movement patterns associated with respiration, articulation, and phonation in individuals who stutter are initiated incorrectly. A disturbance in the flow of speech (stuttering) results when these muscle movements are initiated with excessive pressure, speed, and force. By retraining the individual's control of the oral musculature, larynx, and diaphragm, dysfluent speech becomes more fluent. Systematic transfer activities such as the use of the telephone, group conversations, and public speaking activities away from the clinic are completed in the final week of the therapy program.
The program also emphasizes mindfulness-based stress reduction techniques and promotes different ways for an individual to use their internal resources, even in challenging situations. Individuals are assisted in making alterations in their attitudes and belief systems in order to support the physical changes (fluency) that occur as a result of therapy.
Individuals completing the program make significant improvements in their overall level of fluency with approximately 80% of clients achieving fluency levels within the normal fluent range. Clients also report positive changes in the way they manage their stress, in attitudes that they hold about themselves and those around them, and in levels of confidence overall. Weekly post treatment contact with the clinician, for a minimum of two months, helps maintain the important changes derived from therapy. There is no additional fee for the two-month maintenance program following the intensive therapy program. In the case of school age children, support is offered to the public school speech/language pathologist working with the children completing the program.
The program is currently offered several times a year. Children participate in therapy during the summer months. Participants attend therapy for sixteen days, engaging in six - seven hours of therapy daily, four days a week. This intensive schedule is an essential factor in the success of the program.
The program is conducted by Adriana DiGrande, an experienced fluency specialist with over twenty-five years of experience and, since 1982, has worked exclusively with individuals who stutter. When possible, it is preferred that interested individuals attend a pre-program consultation. The purpose of the consultation is to discuss the program in greater detail and to determine appropriateness for the program.
If you have further questions regarding this program, or if you would like to schedule a consultation meeting, contact Adriana DiGrande at (781) 665-6623 or by e-mail at digrande@bu.edu. Click here for the current program schedule.


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US-Gulf summit to discuss Iranian 'interference'
A file photo showing a previous GCC meeting. (File photo: Reuters)
Staff writer, Al Arabiya English Tuesday, 19 April 2016
The GCC's secretary general said the upcoming US-Gulf summit on Thursday in the Saudi capital would address Iranian "interference" in the region and support of terrorist groups.
In an interview published Tuesday in the London-based Asharq al-Awsat daily, Abdul Latif bin Rashid al-Zayani said the summit aims to strengthen the close ties between the GCC and the US.
He also said the issue of maintaining security and stability in the Gulf will be comprehensively discussed by Gulf leaders and US President Barack Obama, who will be travelling to Saudi on Wednesday to meet with King Salman.
Zayani said the talks will also address the security and political developments in the region, particularly in Syria, Yemen, Libya and Iraq, as well as international efforts to fight terrorism and extremism.
The article was first published on the Arabic website of Al Arabiya News Channel on April 19th, 2016.
Last Update: Tuesday, 19 April 2016 KSA 16:58 - GMT 13:58
Kerry to meet Iran foreign minister on Tuesday
US Secretary of State John Kerry will meet with Iranian Foreign Minister Mohammad Javad Zarif in New York on Tuesday to ...
Jordan recalls its ambassador to Tehran
Jordan recalled its ambassador from Iran, Al Arabiya News Channel reported on Monday, saying the diplomat had been ...
Obama's visit: Cementing Gulf alliances and détente with Iran
President Barack Obama will not bring a new US policy with him to the summit with the Gulf nations next week in Riyadh, ...
The GCC secretary general said the summit aims to strengthen close ties between GCC and the US


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just_so_you_dont_have_to
Providing a Fresh Take on Hallmark Movies. Because I Care. I Really Do.
#104 – A Ring For Christmas
JustSoYouDon'tHaveTo	Christmas, romance, small town, weddings, winter	 November 24, 2020 November 24, 2020 12 Minutes
Thanks to the one Twitter follower who answered the poll, I've decided to dive into A Ring for Christmas. This one is not from Hallmark – it's from UPTV, the channel that doesn't seem to know what it is, but which is apparently short for Uplifting Entertainment. Sure, whatever. Let's dive in!
Starting with stock footage of NYC, so that's nice! There's a girl with brown hair doing rich girl things in Manhattan. She's so rich, she just dumped a huge amount of $20 bills in a street Santa's bucket while she goes around taking selfies at Rockefeller Center and Bryant Park. Who is she, and why is her mom Lorraine Bracco?
Full Disclosure, I do not like Lorraine Bracco. I don't like anything she does, she always seems to be eating her face as she talks, and why is she renovating a house in Italy on TV? But whatever, I will get over this to watch this movie.
Lorraine Bracco as mom is cutting off daughter who is spending way too much on spin cycles and charity dresses. Daughter is named Angie, and has until December 24 – to do what, ultimatum mom? Get her act together? Find a job? Why, if this family is so wealthy that she can afford $3500 at Saks, does Lorraine Bracco have to take a train somewhere – wouldn't she have a car? There are so many questions, and I don't really feel like this movie is going to give me any answers, and I'm only 3 minutes in.
Angie is pensively looking at some kind of blue glass snowflake in her apartment, and then we flashback to 3 years earlier, and it seems the dead dad in this movie used to be the dad from Family Ties. Dad gave her the snowflake, telling her that the good life is not defined by what you own, but by what you have inside. But before she can find what's inside her, she gets a call from a harried looking lawyer, saying that he's missing a signature on her "Marriage Trust" that her parents set up for her, and she needs to sign it in order to get the money. He also mentions a wedding in June – but I don't know that that happened, so wait and see. The size of the trust is enough for the producers to splurge for a snippet of the Hallelujah Chorus. Oh – the lawyer thought he was calling her sister – but now Angie has a great idea to get married by Christmas in order to inherit a lot of money. But do we know that this trust is set up for BOTH sisters? And why did the lawyer call Angie, and not Sophia, when it's not like they live in the same house and they're both on cell phones – how did the lawyer get Angie's number and not Sophie's? The mind boggles.
She then spends a montage calling men she knows and asking them to marry her for money and keeps getting rejected. She must be an awful person, right? Her friend helping her is some girl with red hair, and she is trolling Angie's Facebook page and finds Angie's high school crush (quarterback, prom king from high school). Crush is named Tyler. Tyler has a best friend named Gabe, who was a nerdy friend to her in high school. WHICH WILL SHE CHOOSE? But first, she has to get her butt back home to Greenwood, which seems to be in Vermont, or the Himalayas, judging by the stock mountain footage. FYI, found out that this was filmed somewhere in New England – Newburyport, MA, to be exact.
She drives her Mini Cooper into smalltown USA where the snow has been thoughtfully plowed against the sidewalk, and where her car just conveniently breaks down right where her nerdy friend Gabe was working in his dad's diner. He's not that nerdy now! And then Tyler shows up in his flannel shirt glory, but Angie immediately spills coffee on her cashmere sweater. While her car gets towed, she maneuvers her many bags to her mom's house, breaking a heel in the process.
Oh, it turns out Lorraine Bracco is the town's mayor. Mayor mom is happy that Angie is back home, but her sister is not, and wears her disapproval better than the grotesque green sweater dress and bland bob that the costumer has put that actress in. Angie doesn't want to talk about dead dad, and again, WHY DO THEY ALL HAVE TO HAVE DEAD PARENTS? People can have growth without death, you know.
Angie shows up at her old elementary school to see her favorite teacher, but is put on the spot to be a roll model to the teacher's class, since she was such a good student back in the day. She makes things up, says she's a Consultant. Old Teacher says she always thought Angie and Gabe would have ended up together. Seems Tyler is also a nice person, giving back to the school coaching football. Weirdly, also the teacher asks Angie to come back and teach math. How is that a thing? Can we say Background Check?
Angie gets a call from her NYC friends, and apparently Angie made a great donation to a Thanksgiving charity, and we know that the NY person who ran that charity who just said "any time you need help let me know" will come into play later. But not yet. Now we have to go shopping in downtown Greenwood, where another of Angie's high school friends runs the show. Ok, bone to pick. I live in the same area (roughly) from where I grew up and I NEVER see people from my high school unless it is a) Christmas Eve Mass b) Facebook or c) a funeral. How are all these people still home?
Angie's friend Chrissy runs the shop, and has consignment shelves for people to sell things, and Angie has helped with the window display, and she gets more people to come into the shop, and then she heads off to this bar party where Tyler does not remember who she is, but is happy enough to talk about himself and his dreams.
The dreams are nice, though – he wants to give back to the community through sports. Angie sees a need she can fill with money and tries her hardest to reel him in – and here we strain credulity once again, because she just said "Oh, I love this song, we should dance" and the song is freaking JINGLE BELLS. Tyler is rightly affronted at having to dance to that song, but before they can cut a rug, she falls off her bar stool into Gabe's handsome waiting arms.
Weirdly, Angie's NYC friend calls her phone, and Tyler answers, and friend is like, oooh, Tyler, aren't you excited to marry Angie and get money? And Tyler runs out of the bar, and Angie makes Gabe drive her home, despite the fact that Gabe just got to the bar and didn't get anything to drink yet. But Gabe is fine with it, and it's obvious that he has liked her since high school.
Angie is at her mom's house talking to NYC friend who spilled the beans to Tyler the night before, but friend does not tell her what she did, and then we cut to after school where she is helping children with math and the teacher has mentioned word problems for like the fifth time this movie. WORD PROBLEMS ARE FROM THE DEVIL. There, I said it. But these children don't seem to think so. Tyler is at the school and freaks out at the sight of her. They have another awkward conversation, and Angie puts on a big hat and leaves.
Gabe has drama with his dad and worries about the diner. Seems no one wants to go to a storefront diner, and so Angie gets to help by looking at their books. Stop giving him smiling looks Angie, and do math to save the diner. It's not time for you to figure out that you like Gabe yet – we still have 90 minutes left of this piece of crap. She has some nice ideas to fix up the diner's finances, and even suggests a charity dinner on Christmas Eve, and then we get into a roast chicken montage. I love roast chicken. My grandma used to make it. And we hear about how she feels her father would be disappointed in her because she hasn't really doesn't anything with her life. And Gabe mentions that they should go to the town tree lighting. TREE LIGHTING!
Famous NY charity girl comes through to assist Gabe and the diner, and then Angie gets a text from Tyler. They are off for coffee, and Tyler confesses about the call he intercepted, and he says yes, he'll marry her in order to get the money, and everyone is happy. But, as Keith Morrison would say "Or are they?"
Another montage, this time of kids with construction paper, so Angie can go talk to the teacher about how she's just gotten everything she's ever wanted but it feels wrong. Why can't she talk to her mother about this? Maybe because Lorraine Bracco only has to learn lines for like 4 scenes? Who knows. She shows up at the Tree Lighting, though, to count it down, and Angie leaves Gabe in the dust in order to clap along with Tyler by the underwhelming tree, alongside the fake Pentatonix they booked to sing another version of Jingle Bells. But Tyler gets in front of the whole group of assembled townspeople with the microphone and proposes to Angie in public!!! And she doesn't want to say yes because she sees Gabe's face but then she does, and the ring looks like rock candy. Gabe storms away.
At the party at Mayor Mom's house, sister is looking very disapproving and Gabe is still very unhappy and he baked cookies at the house for the party? That seems weird for a caterer. He also is doing that passive aggressive thing – saying he's not upset but in the most upset way possible. But then Gabe gets to know that Angie called in a favor to help him, and maybe all is not lost?
Next day, Angie is looking at her rock candy ring and mom shows up in her purple velvet pajamas and ropes of pearls. Mom seems to think it's too sudden, but Angie says no it's not, and then is saved by the doorbell, and it's Gabe, who's there to say Thank You and invite her to decorate a tree for his charity dinner. Montage! Lots of hands touching hands like we're in Sweet Caroline as they pass each other ornaments and don't break a single one.
It's the most ugly tree ever, except she pulls out dad's glass snowflake from her purse to put on the one blank spot – does she just carry this antique glass ornament in her purse every day? Weird. And then Tyler shows up and breaks the glass ornament, and she runs away crying.
Angie's NYC redhead friend is a huge money hungry person. We hate her. Angie is having second and third thoughts, and she really doesn't want to go through with this and is tired of lying to Gabe. Cut to Gabe talking to his dad about how he has a chance to open his own restaurant and dad totally guilt trips him into staying at this broken diner. It doesn't even have any chrome in it! If there's no chrome, can we call it a diner?
Angie is back at the school and again with the word problems! Teacher is really surprised Angie's going to marry Tyler. Angie is also not happy about it, but is masking it. Cut to the house, where redhead friend has arrived to make sure Angie doesn't chicken out, and where sister Sophia gets a call from the lawyer from earlier in the movie, who provides sister with the motive behind Angie's sudden nuptials. Gabe also arrives to tell her he has to cancel the charity dinner he was going to put on (and for which they decorated and she sacrificed her blue snowflake). But Gabe can't afford it, and he needs to buckle down and save the diner.
And now we have a wedding dress montage at the mayor's house? And one looks like it was in the movie Midsommar. How did they figure out how to do all these dress fittings at her house? Maybe being the mayor has its perks? Angie is freaking out, and mom makes sister go help her out, and tells her that she knows all about the marriage trust, and how Angie needs her mom's approval in order to get the money, and upshot, bitch sister makes Angie invite Tyler over for dinner. Got all that?
OH MY GOD at this dinner Lorraine Bracco has arranged a gingerbread house competition. here's no food, just prefab gingerbread houses. Seriously. This is to showcase teamwork, and to show that Angie and Tyler can't get along, but they do really well with the house and with the grilling from Mayor Mom. BUT never fear, we can still have drama because at the bar, Gabe toasts Tyler and Angie and bartender spills the beans about the marriage trust and Gabe is like what? Gabe is very disgusted.
How many cigarettes has Lorraine Bracco smoked to get her voice like that? She and Angie have a heart to heart, and Angie realizes that Gabe is the one, not Tyler, not Tyler after all and she runs off to find Gabe, but he's already at her house calling himself an idiot for believing that Angie was still the same person from high school and he calls her shallow, basically, and leaves. And she says "Gabe, wait" and then doesn't follow him out the door.
Next scene is a dream sequence because Family Ties dad is back to tell her it's not too late to back out. Angie is like, I've let everyone one down, but ghost dad is like, nah, everyone will be fine, and Angie awakes with a start and a new lease on life. Off she goes to sell her clothes on consignment to help Gabe and his charity dinner. Angie also manages to get the local health food bigwig to donate more food for this dinner. And Angie runs down the street to tell Gabe the good news and sees Gabe talking to another brunette in his diner and so runs away. MY GOOD LORD how many people are going to run away from confrontation in this movie.
NY charity girl calls Angie with a possible job opportunity, which does sound good for her – helping struggling businesses. Good for her, she's going to get a job. Cut to yet another montage to Jingle Bells, where kids are playing at a Christmas party, and then they help her with a mock interview. that part is cute. She then heads out to the interview, where they are dressed in their finest holiday garb. They ask if she's ok moving away from NYC and she says yes, and then rambles into a long thing about how she's more in love with Gabe than she ever thought possible. She gets the job.
It's Christmas Eve! Wedding Day! Gabe's charity dinner night! Gabe finds out that Angie helped him out yet again and has to run to her to explain his feelings (and he has a small wrapped package) but before he can give it to her, he's intercepted by bitchy redhead and she lies to Angie and says the gift is from Tyler and it's a necklace made out of the shards of glass from the shattered snowflake (it's nicer than it sounds) and Angie is still going to go through with this wedding because she believes her bitchy friend and her wedding bouquet is atrocious.
Mayor Lorraine Bracco officiating, but before they can say I do, she finds out that friend lied, and she breaks up with Tyler right at the altar, and Tyler is like, it's because you're in love with Gabe. Angie is like, but I saw him with a girl, and Tyler is like, that's Gabe's cousin. And all of this is in front of all the guests. And then Angie runs away in her wedding dress and heads to find Gabe in her dress and pours her heart out to him and again, she has an audience. She found her self again after her dad died and she's in love with Gabe and will this movie ever be over? Gabe then says let's get married, but she says no, let's just date and have fun until the day we actually do get married. Angie hands Tyler an envelope of cash like she's paying off a hitman, and there's some kind of musical montage and we're DONE.
Oh my GOD this was a wild ride. On the one hand, it had almost every Christmas movie cliche known to man – dead parent, small town, gingerbread houses, tree lighting, tree decorating, annoying children. On the other hand, the acting was truly horrendous. And there were so many unanswered questions. How did the lawyer suddenly get the right sister's phone number? Why is she still friends with the redhead when that girl is such a bitch? How did she get from her house to the town hall without messing up her wedding gown? How is Tyler ok with it all? (Oh, big envelope of money, right). Anyway, I hope you enjoyed this. I certainly didn't, but I watched A Ring for Christmas, just so you don't have to.
Published by JustSoYouDon'tHaveTo
Unapologetic viewer of Hallmark movies and reader of sappy romances, I'll take one for the team and recap them for you - just so you don't have to	View all posts by JustSoYouDon'tHaveTo
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Amazing Things I've Found
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Another Christmas Miracle – Train Edition
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ANOTHER HALLMARK CHRISTMAS MOVIE COMING!
Netflix is Stepping.Up.
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Tuesday, April 2, 2019– With the first quarter of 2019 officially in the history books, investors are increasingly concerned with on which side of this historic rally they sit. It may appear that equities had more gas in the tank thanks to a quick start to the year with a V-shaped rally that helped them reclaim most of their 4thquarter losses, but most of the gains came in January with the markets since showing signs of increasing fatigue. In fact, the S&P 500 remains more than 3% below it's peak of 2,939 and now investors have another red flag to worry about with a short-lived inversion of the yield curve, at least as measured using the 3 month and 10-year Treasury yield. Could this foreshadow when the rally will finally fail or does the hope of a more permissive Fed signal better times ahead?
Patient investors will have to wait for time to answer that question, but the quarterly reallocation of our ETFG Dynamic Model Portfolios, with all 4 base portfolios and the 8 "tilts" were updated on April 1st. The recent upheaval in the markets has led to a major shift in the models positioning. First is the domestic sleeve where the more balanced and growth-oriented names have been replaced by value funds.
Leaving the strategy are the iShares Russell Midcap ETF (IWR) and the SPDR Portfolio S&P 500 Growth ETF (SPYG) while the Direxion NASDAQ 100 Equal Weighted Fund (QQQE), and the SPDR S&P 600 Small Cap ETF (SLY) remain in the strategy for another quarter. Joining them will be two frequent fliers, the SPDR S&P 400 Mid Cap Value ETF (MDYV) and the SPDR S&P 600 Small Cap Value ETF (SLYV) which you may think will give the strategy a distinct leaning towards both smaller and bank stocks, but you would only be half right. While the Fed's recent decision to hit the pause button on further rate hikes has brought significant short-term pain to bank shares, the two value funds joining the line-up have slightly-below average financial exposure compared to other funds in the value space. When working with a more balanced small-cap fund and an equally-weighted NASDAQ 100 ETF, the overall impact is only a slight overweight to financials compared to the broader market.
Our international equity exposure however is a different story where our Quant models are swapping out all four of the developed international funds this quarter with the strategy taking on a more core feel. Joining the allocation are two broad funds from Schwab, the Schwab Fundamental International Large Company Index (FNDF) and its small cap equivalent, FNDC. Two country-specific funds, the iShares MSCI funds for Singapore (EWS) and Spain (EWP) also join the lineup. Although the model has often favored Europe over other parts of the EAFE arena, we were surprised by the strong scores for more broad-based funds this quarter, which will provide this sleeve of the portfolio with more diversification. We were less surprised to see the departure of the iShares MSCI United Kingdom fund (EWU) whose presence tends to ebb and flow with the latest Brexit drama, although we should point out that the fund solidly outperformed most Eurozone country specific funds in the 1st quarter.
Finally, the emerging market sleeve also saw changes as the broader iShares MSCI Emerging Markets ETF (EEM) joined the program while the iShares MSCI Mexico ETF (EWW) was dropped from the model while the First Trust Chindia Fund (FNI) remains. It was a strong quarter for Chinese stocks with A-share funds strongly outperforming their Hong King equivalents as investors hoped for an end to the trade war. While they were disappointed in the first quarter, political concerns heading into an election year might be enough to force the President's hand into coming to terms on even a modest proposal to restore the old order.
To learn more about our ETFG Model Portfolio strategy, please email us at [email protected] or call us at (212) 223-ETFG (3834).
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Employee of the Month: Rhean H.
Congratulations to Rhean Harris for becoming employee of the month!!! Rhean has been a caregiver with Companion Services of America since 2013 and is a Certified Nursing Assistant. She is married and has a four-year-old son. She has worked with a variety of clients, including the mentally challenged and the elderly. She enjoys travel and spending time with family. She is not only an exceptional caregiver, but a wonderful person!! We are lucky to have Rhean as part of our family!!


Strict laws and regulations govern employee Pension and Retirement Benefits. However, in a changing economy, workers on all levels must be vigilant in order to obtain or protect those hard-earned benefits.
Lebau & Neuworth has represented thousands of Pension and Retirement Plan participants and beneficiaries in connection with claims to maintain and recover Plan benefits. We have recovered large monetary awards and settlements in righting the wrongs committed by Plan sponsors and administrators who committed misconduct or fraud. In addition, Lebau & Neuworth employment lawyers know ERISA (the Employee Retirement Income Security Act) inside and out.
What's more, Federal legislation has brought historical changes to employee benefits, such as the Pension Protection Act and the Affordable Care Act. Employees, retirees and beneficiaries should retain the tried-and-tested legal guidance of Lebau & Neuworth whenever Pension and Retirement Benefits issues arise.


text:
IONIS (ΙΟΝΙΣ)
-Triton Ferries
Built in 1977 (age 46). Registered in Piraeus. Current line: None (under dyrdock in Perama)
The legendary ferry IONIS was ordered in 1968 by the Zakynthos-based company Kaparis Shipping. However, due to economic difficulties, she remained incomplete, until she was acquired by Ionian Lines in 1975. She was finally completed in Greece in 1977 and she began service on the Patras-Kefalonia-Ithaca line on the Ionian Sea. In 1978 she was deployed on the Patras-Kefalonia-Ithaca-Astakos-Paxoi-Corfu line. The following year, she was deployed on the Patras-Kefalonia-Ithaca-Paxoi-Corfu-Brindisi line. In 1984, following the financial issues of Ionian Lines, she was laid-up in Kefalonia. She was then transferred to the state-owned company Hellenic Coastal Lines in 1985, and she was deployed on the Kyllini-Kefalonia line. In 1986 she returned to the the Patras-Kefalonia-Ithaca-Astakos-Paxoi-Corfu line, while in 1987 she returned to the Patras-Kefalonia-Ithaca-Paxoi-Corfu-Brindisi line. The unsuccessful years of the company saw the ship being withdrawn from service in 1989. She was chartered by Seven Islands Lines (later known as Lefkaditis Lines), which deployed her on the Patras-Kefalonia-Ithaca-Paxoi-Igoumenitsa-Corfu-Brindisi line. Her charter ended in 1991, and, following a short stint on the inter-Cyclades service, she was laid-up in Elefsina, until 1993, when she was bought by the Zakynthos-based company Tyrogalas Ferries. She was converted to a day ferry in Perama, and she was deployed on the Kyllini-Zakynthos line as well as on the Kyllini-Kefalonia line, under the newly-formed Ionian Ferries joint venture, which also included Zante Ferries and occasionally ANEZ. She was converted again in 2007 in Piraeus, receiving side sponsons that were required by her registry. In 2015, with the arrival of the superb FIOR DI LEVANTE of Levante Ferries, Tyrogalas Ferries decided to operate the IONIS on the Saronic Gulf, deploying her on the Piraeus-Aegina-Methana-Poros line, under the new Ionis Ferries brandname, named after her. In 2016 she was sold to newly-established Leve Ferries, owned by Leventakis Shipping, thus marking the end of Tyrogalas Ferries' activities in the Greek coastal service. However she remained on the Saronic Gulf, operating exclusively on the Piraeus-Aegina line. Her first and eventually only summer with Leve Ferries was successful, but conflicts regarding debts owed to her previous owners kept the ship laid-up in Salamina for the 2017 summer season, until she was sold to the Neapolis Voion-based company Triton Ferries for service on the Kythira-Antikythira lifeline. Leve Ferries subsequently ceased operations, and the ship, following a refit in Perama, began service for her new owners in late 2017, being deployed on the Piraeus-Gytheion-Kythira-Antikythira-Kissamos line. In 2020 she moved to the Cyclades and was deployed on the Lavrion-Kea-Kythnos line.
PHOTOS (2012, 2013, 2014, 2015, 2016, 2018, 2019, 2020, 2021):
IONIS
The IONIS laid-up temporarily in Zakynthos, before returning to service for the high season (7/2012).
The IONIS in Zakynthos (7/2013).
The IONIS having just entered the port of Kyllini (7/2014).
The IONIS maneuvering in Kyllini (7/2014).
The IONIS maneuvering in Kyllini and ready to dock (7/2014).
The IONIS in Piraeus, my first picture of her while she was operating on the Saronic Gulf (7/2015).
The IONIS arriving in Piraeus and ready to maneuver in the E8 gate (7/2015).
The IONIS ready to dock in Piraeus (7/2015).
The beautiful IONIS resting in Piraeus (7/2015).
The IONIS having just entered Piraeus (7/2015).
The legendary IONIS undergoing her maneuvering procedure in order to dock in Piraeus (7/2015).
The IONIS leaving the port of Piraeus for her first trip of the day (8/2015).
The IONIS leaving the port of Piraeus, en route to Aegina (8/2015).
The IONIS leaving the port of Piraeus, en route to Aegina, during her first season on the Saronic Gulf, but the last one under the colours of Tyrogalas (Ionis) Ferries. She returned to the Saronic Gulf in 2016 with her new owners Leve Ferries (8/2015).
My first-ever photo of the IONIS under the ownership of Leve Ferries: Here she has just arrived in Piraeus from Aegina (7/2016).
The IONIS having just entered the port of Piraeus (7/2016).
The IONIS maneuvering in Piraeus (7/2016).
The IONIS seen maneuvering in Piraeus (7/2016).
The IONIS docking in Piraeus (7/2016).
The IONIS having just docked in Piraeus (7/2016).
Crossing the legendary IONIS on the Saronic Gulf, as she leaves Piraeus for Aegina (7/2016).
Crossing the IONIS on the Saronic Gulf, as she heads from Piraeus to Aegina (7/2016).
The IONIS on the Saronic Gulf, during her first season operating for Leve Ferries (7/2016).
The beloved and acclaimed IONIS leaving Piraeus for Aegina (7/2016).
The IONIS heading towards Aegina (7/2016).
The IONIS resting in the port of Piraeus (7/2016).
The IONIS seen from Northern Aegina as she heads for Piraeus (7/2016).
The IONIS approaching the port of Aegina, with the FLYING DOLPHIN XXIX of Hellenic Seaways in the background heading for Piraeus (8/2016).
The IONIS preparing to maneuver in Aegina (8/2016).
The IONIS having just docked in the port of Aegina (8/2016).
The IONIS in Aegina awaiting her evening departure to Piraeus (8/2016).
The IONIS seen in Aegina, awaiting her evening departure to Piraeus (8/2016).
A Greek ship and a Greek sunset: one of the best combinations in the world. The IONIS facing the sun in Aegina (8/2016).
The Saronic Gulf sunset along with the bow of the historical IONIS in Aegina (8/2016).
The IONIS having just left from the dock of Aegina (8/2016).
The IONIS having just departed from the dock of Aegina (8/2016).
The IONIS leaves Aegina and heads for Piraeus (8/2016).
The IONIS approaching the sunset near Aegina as she heads for Piraeus (8/2016).
The IONIS passes by the beautiful sunset and heads from Aegina to Piraeus (8/2016).
The IONIS in Aegina the following evening, awaiting her final departure of the day (8/2016).
The IONIS leaves Aegina and passes by the sunset, just like she had done the previous evening (8/2016).
Crossing the legendary IONIS on the Saronic Gulf as she heads from Piraeus to Aegina (8/2016).
Crossing the legendary IONIS on the Saronic Gulf as she heads from Piraeus to Aegina. This turned out to be my last-ever picture of the ship under Leve Ferries, as the latter ceased operations the following summer, and were forced to sell her to Triton Ferries (8/2016).
The IONIS in Piraeus, in her first summer under Triton Ferries (6/2018).
The IONIS seen in Piraeus (6/2018).
The IONIS resting in Piraeus (8/2018).
The IONIS seen in Piraeus, in her first summer featuring the new livery of Triton Ferries (7/2019).
The IONIS seen with the Triton Ferries livery printed on her hull (7/2019).
The IONIS seen resting in the port of Piraeus (7/2019).
The IONIS seen in Lavrion, during her first season on the Lavrion-Kea-Kythnos line. Picture taken by my mother, to whom I am truly grateful (8/2020).
The IONIS seen departing the port of Lavrion (9/2021).
The IONIS seen leaving the port of Lavrion (9/2021).
The IONIS seen heading towards the exit of the port of Lavrion (9/2021).
The IONIS having exited the port of Lavrion and heading towards Kea (9/2021).


Reviewed on Apr 28, 2014.
Langtang was very nice trekking tour, where I had opportunity to see amazing scenery, beautiful nature of rivers and forests. The Gosainkund lakes were of breathtaking beauty and it was a lifetime experience not to be missed.


From the west shore of Northern California's Clear Lake to the heart of Merced County sit two rural community hospitals caring for their region's most critically ill patients. Like many community hospitals across the country, Sutter Lakeside Hospital and Memorial Hospital Los Banos struggled to recruit critical care intensivists. Thanks to a $25 million investment made by Sutter Health a decade ago, patients at Sutter Lakeside Hospital and Memorial Hospital Los Banos receive 24-hour ICU monitoring and critical care support from two small rooms nearly 150 miles away.
Sutter Health's electronic ICU (eICU) marks its 10th anniversary in 2014. The first of its kind on the West Coast (and only the second eICU in the nation), Sutter's eICU has supported approximately 150,000 patients across 18 Sutter Health hospitals (23 campuses) by ensuring the sickest patients at both rural and large metropolitan areas have access to a team of physicians and nurses specially trained in the care of critically ill, 24 hours a day, seven days a week.
Sutter's eICU helps save lives.
Since 2004, Sutter's eICU has supported approximately 150,000 Northern California patients.
Average of 30,000 interventions a year from eICU to bedside clinicians.
The eICU, in conjunction with Sutter Health's systemwide sepsis initiative programs, helped reduce sepsis mortality rates by 32 percent since 2008, with more than 4,000 lives saved. Length of hospital stay for sepsis patients was lowered from 14.5 to 10 days, with an estimated cost savings of $88.6 million.
eICU intensivists and nurses monitor up to 431 ICU beds around the clock from two central "hub" locations in Sacramento and San Francisco.
Using secure, high-speed data transmission, in-room cameras and remote diagnostic tools, the eICU acts as a second set of eyes to provide timely crisis interventions to some of the sickest patients in Northern California. Sophisticated alarm monitors allow intensivists real time alerts to abnormal vital signs and lab results, leading to improved clinical quality.
Sutter Health's eICU team, consisting of 49 doctors and 57 nurses, average about 80 calls for service and up to 150 calls a day from ICU clinicians around the system.
Sacramento's eICU hub announces expansion.
Sutter Health will expand how it uses this innovative technology so it can continue to provide patients with exceptional, personal and consistent care. In the near future, Sutter Health will test eICU mobile carts in the Emergency Departments of Sutter Coast Hospital, Sutter Solano Medical Center, Sutter Amador Hospital and Memorial Hospital, Los Banos. These carts will enable caregivers to identify patients at risk for sepsis, a deadly blood stream infection, at an earlier stage—for earlier treatment.
San Francisco's eICU hub grows to support hospitals outside the network.
In addition to monitoring 10 Sutter Health hospitals, the San Franicsco eICU hub has grown to support hospitals outside the network including San Leandro Hospital in San Leandro, El Camino Hospital in Mountain View, Marin General Hospital in Greenbrae and Petaluma Valley Hospital.


Winner of the Civic Trust Award, Australian Housing Institute Award for Professional Excellence, Urban Development Institute of Australia (UDIA) Award for Excellence in High Density Housing.
Located in Adelaide's CBD, consisting of 3 multistorey buildings with passenger lift access housing over 90 apartments with private on site carparking.
Secon provided Mechanical, Electrical, Electronic, Hydraulic, Fire, Vertical Transportation and ESD services.
At Afton House the air conditioning control systems have been designed to not allow air conditioning operation if outdoor conditions are suitable to open windows.


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Ownership and Feedback
4.1 Customer Data. As between the parties, Customer retains all right, title, and interest (including any intellectual property rights) in and to the personal information used to set up an account in ClearOPS, data about Customer's privacy and cybersecurity operations, questionnaires and data about who are Customer's vendors that Customer uploads into the ClearOPS Service (excluding any ClearOPS intellectual property) (the "Customer Data"). Customer hereby grants ClearOPS a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Customer Data to the extent necessary to provide the ClearOPS Service as provided in these Terms. Customer also grants ClearOPS and its successors a perpetual, irrevocable, worldwide royalty‑free, nonexclusive, sublicensable right and license to use de-identified or anonymized question-data for the purpose of improving the Services. Customer expressly authorizes ClearOPS to use and process Customer Data (including any Confidential Information contained therein) as described in these Terms and in the ClearOPS Privacy Policy, which provides for, but is not limited to, delivering and sharing of policies, questionnaires or other documents as directed by Customer's use of the ClearOPS Services with third parties (e.g. individuals/legal entities) that Customer invites to assist with Customer's use of the Services. These licenses and permissions extend to our affiliates and trusted third parties we work with.
4.2 Aggregate/Anonymous Data. Customer agrees that ClearOPS will have the right to generate aggregate or anonymous data and that aggregate or anonymous data is owned by ClearOPS, which ClearOPS may use for any business purpose during or after the term of this Agreement (including without limitation to develop and improve ClearOPS's products and services and to create and distribute reports and other materials). For clarity, ClearOPS will only disclose aggregate or anonymous data externally in a de-identified (anonymous) form that does not identify Customer, Authorized Users, or end users, and that is stripped of all persistent or personal identifiers. Customer is not responsible for ClearOPS's use of aggregate or anonymous data.
4.3 ClearOPS Data & Intellectual Property. This is a subscription agreement for access to and use of the ClearOPS Services. Customer acknowledges that it is obtaining only a limited right to use the ClearOPS Services and that irrespective of any use of the words "purchase", "sale" or similar terms, no ownership rights are transferred to Customer (or its Authorized Users or end users) under these Terms. Customer agrees that ClearOPS (and its suppliers) retain all rights, title and interest (including all intellectual property rights) in and to all ClearOPS Services, and all related or underlying documentation, technology, code, compilations, know-how, logos, templates, anything delivered as part of support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed ClearOPS's Confidential Information) and that ClearOPS reserves any licenses not specifically granted in these Terms. The ClearOPS Service is offered as an online, hosted product. Accordingly, Customer acknowledges and agrees that it has no right to obtain a copy of the software behind any ClearOPS Service and that ClearOPS at its option may make updates, bug fixes, modifications or improvements to the ClearOPS Service from time-to-time.
4.4 Feedback. If Customer elects to provide any suggestions, comments, improvements, information, ideas or other feedback or related materials to ClearOPS (collectively, "Feedback"), Customer hereby grants ClearOPS a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise. Nothing in these Terms limits ClearOPS's right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
5.1 ClearOPS Privacy Policy. The information you provide to us or that we collect will be used as described in these Terms and in the ClearOPS Privacy Policy. Please carefully read the ClearOPS Privacy Policy as it contains important details about our collection, use and retention of information.
5.2 Security. The information you provide to us or that we collect from you will be secured as described in these Terms and the ClearOPS Security Statement. Please carefully review the ClearOPS Security Statement as it contains important information about how we secure information from unauthorized use or disclosure.
Customer Obligations
6.1 Customer agrees to: (i) maintain a legally-adequate privacy policy on its website(s); (ii) obtain all necessary rights, releases, and consents to allow Customer Data or other information (including any personal information) to be collected, used, and disclosed in the manner contemplated by these Terms and to grant ClearOPS the rights and licenses set out in these Terms; (iii) use the ClearOPS Service in compliance with any ClearOPS's posted Acceptable Use Policy; and (iv) not take any action that would cause ClearOPS or the ClearOPS Service to become subject to any third-party terms (including open source license terms).
6.2 Customer represents and warrants that the collection, use, and disclosure of Customer Data will not violate any third-party rights, including intellectual property, privacy and publicity rights. Customer further represents and warrants that its collection and use of any personal information or data provided to ClearOPS complies with all applicable data protection laws, rules, and regulations. If Customer receives any take down requests or infringement notices related to Customer Data, it must promptly: (i) stop using the related item with the ClearOPS Service; and (ii) notify ClearOPS. If ClearOPS receives any take down requests or infringement notices related to Customer Data, ClearOPS may respond in accordance with its policies, and will notify and consult with the Customer on next steps.
7.1 Subscription Plan. The prices, features, and options of the ClearOPS Services depend on the Subscription Plan selected by Customer (including any usage or overage fees). ClearOPS does not guarantee that your particular Subscription Plan will be offered indefinitely. We reserve the right to change the prices, features, or options included in a particular Subscription Plan without notice, provided that such changes shall not take effect until your next applicable subscription term.
7.2 Recurring Charges and Upgrades. By signing up for a Subscription Plan, Customer authorizes ClearOPS to charge Customer's payment method on a recurring basis (e.g. monthly, quarterly, or yearly depending on Customer's Subscription Plan) without an invoice. Customer expressly authorizes ClearOPS to charge its payment method (such as a credit card) for the applicable subscription charges, any usage or overage charges, and any and all applicable taxes and fees. Such authorization is effective until the end of the Subscription Term and any applicable renewal term, or until Customer cancels all of its subscriptions.  If Customer exceeds their subscription plan's usage limits, Customer will be automatically upgraded into the next highest Subscription Plan and Customer expressly acknowledges and agrees that it will pay for the upgraded Subscription Plan. All upgrade fees and charges are non-refundable, even if Customer did not use the full usage allotment of the applicable Subscription Plan.
7.3 Taxes. ClearOPS's fees are exclusive of all taxes, and Customer must pay any applicable sales, use, VAT, GST, excise, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of ClearOPS. Customer will not deduct any applicable taxes from the payments to ClearOPS, except as required by law. If such deduction is required by law, Customer will increase the amount payable as necessary so that after making all required deductions and withholdings, ClearOPS receives and retains (free from any such liabilities) an amount equal to the amount it would have received had no such deductions or withholdings been made.
7.4 Auto-renewals and Trials. IF YOUR ACCOUNT IS SET TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD AND YOU HAVE PROVIDED A METHOD OF PAYMENT TO CLEAROPS FOR THE SERVICES, CLEAROPS MAY CHARGE YOU AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS YOU NOTIFY CLEAROPS THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION.
7.5 Purchase Orders. Customer agrees that it will pay all amounts owed, including recurring charges, without requiring any purchase orders or reference(s) to purchase order numbers.
7.6 No Refunds. Subscription and usage or overage fees (and any other fees associated with the services, including higher subscription fees for upgrades) are non-refundable and non-creditable, except where required by law. ClearOPS subscriptions may be cancelled, and such cancellations take effect at the end of your then-current subscription term (for example, if you are on a paid monthly subscription the cancellation will take effect the following month, but if you are on a paid yearly subscription the cancellation will take effect the following year). Once your cancellation is effective, you may be downgraded to a free plan and will lose subscription features and functionality. If you don't pay for your subscription(s) on time, we reserve the right to suspend you or remove subscription features. A monthly subscription or an annual subscription, together, are referred to herein as "Subscription Term."
7.7 Late Fees & Collection Costs. Late payments may be subject to a service charge equal to the lesser of 1.5% per month of the amount due or the maximum amount allowed by law. You agree to reimburse ClearOPS for any costs or expenses incurred by ClearOPS to collect amounts that remain unpaid after the due date. Amounts due to ClearOPS may not be withheld or offset by you against amounts due for any reason.
Terms and Termination
8.1 Term. These Terms are effective until all Subscription Terms for the ClearOPS Services have expired or are terminated as expressly permitted herein.
8.2 Subscription Term and Renewals. Customer agrees to pay applicable fees for the entire Subscription Term. Customer can cancel or terminate a Subscription Term at any month-end provided Customer is current on all payments. If no subscription start date is specified on the applicable order form, the subscription starts when Customer first obtains access to the applicable ClearOPS Service. Each Subscription Term will automatically renew monthly (e.g. if Customer initially has an annual plan then the subscription will renew on a monthly basis after expiration of the initial 12-month term). Pricing for any Subscription Term renewal, new order form, or order form changes will be at ClearOPS's then-applicable rates.
8.3 Suspension of Service. ClearOPS may suspend Customer's access to the ClearOPS Services if: (i) Customer's account is overdue; or (ii) Customer has exceeded its service allocations / service limits. ClearOPS may also suspend Customer's access to the ClearOPS Services or remove Customer Data if it determines that: (a) Customer has breached any portion of these Terms, or (b) suspension is necessary to prevent harm or liability to other customers or third parties, or to preserve the security, stability, availability or integrity of the ClearOPS Service. ClearOPS will have no liability for taking action as permitted above. For the avoidance of doubt, Customer will remain responsible for payment of fees during any suspension period. However, unless these Terms have been terminated, ClearOPS will cooperate with Customer to promptly restore access to the ClearOPS Service once we verify that Customer has resolved the condition requiring suspension.
8.4 Effect of Termination. Upon any expiration or termination of these Terms or an order form: (i) Customer's license rights terminate and it must promptly: (a) stop use of the applicable ClearOPS Service; (b) delete (or, at ClearOPS's request, return) any and all copies of any ClearOPS code, documentation, passwords or access codes, and any other ClearOPS Confidential Information in Customer's possession, custody, or control; and (ii) Customer's right to access any Customer Data in the applicable ClearOPS Service will cease and ClearOPS may delete the Customer Data at any time after 30 days from the date of termination. Any unpaid amounts due from Customer must be paid immediately by Customer. Except where these Terms specify an exclusive remedy, all remedies under these Terms, including termination or suspension, are cumulative and not exclusive of any other rights or remedies that may be available to a party.
8.5 Survival. The following Sections survive any expiration or termination of these Terms: (Account Registration and Use); (General Restrictions); (Beta Releases and Free Access Subscriptions); (Use of Public Data); (Ownership and Feedback); (Payment Terms); (Term and Termination); (Warranties and Disclaimers); (Indemnification Obligations); (Limitations of Liability); (Third-Party Products and Integrations); and (General).
9.1 Confidential Information. "Confidential Information" means (a) for ClearOPS, the ClearOPS Services, instructional videos, tutorials and documentation; (b) for Customer, Customer Data; (c) any other information of a party that is disclosed in writing or orally and is designated as confidential or proprietary at the time of disclosure (and, in the case of oral disclosures, summarized in writing within thirty (30) days of the initial disclosure and delivered to the recipient), or that due to the nature of the information the recipient would clearly understand it to be confidential information of the disclosing party; and (d) the specific terms and conditions of these Terms, and any amendment and attachment thereof, between the parties.
9.2 Confidentiality Obligation. Each party (as the receiving party) must: (i) hold in confidence and not disclose the other party's Confidential Information to third parties except as permitted by these Terms; and (ii) only use the other party's Confidential Information to fulfill its obligations and exercise its rights under these Terms. Each party may share the other party's Confidential Information with its, and its Affiliates', employees, agents or contractors having a legitimate need to know (which, for ClearOPS, includes providing the Services and sharing with the subcontractors referenced herein) provided that the party remains responsible for any recipient's compliance with the terms of this confidentiality section and that these recipients are bound to confidentiality obligations no less protective than these Terms.
9.3 Exclusions. These confidentiality obligations do not apply to (and Confidential Information does not include) information that: (i) is or becomes public knowledge through no fault of the receiving party; (ii) was known by the receiving party before it received the Confidential Information; (iii) is rightfully obtained by the receiving party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by the receiving party without using the disclosing party's Confidential Information. A party may also disclose the other party's Confidential Information to the extent required by law or court order, provided it gives advance notice (if permitted by law) and cooperates in any effort by the other party to obtain confidential treatment for the information.
9.4 Remedies. The parties acknowledge that disclosing Confidential Information may cause substantial harm for which damages alone may be an insufficient remedy. For any breach of this confidentiality section, each party is entitled to seek appropriate equitable relief in addition to any other remedies it may have at law.
ALL CLEAROPS SERVICES, VIDEOS, DOCUMENTATION, AND SITES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. NEITHER CLEAROPS NOR ITS SUPPLIERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CLEAROPS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT CLEAROPS SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS, THAT CUSTOMER DATA OR CLEAROPS RESULTS (INCLUDING, WITHOUT LIMITATION, ANY MODEL OUTPUT) WILL BE ACCURATE, COMPLETE, OR PRESERVED WITHOUT LOSS, OR THAT CLEAROPS SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE. CLEAROPS DOES NOT GUARANTEE THAT SECURITY MEASURES WILL BE ERROR-FREE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS BEYOND ITS REASONABLE CONTROL. CLEAROPS WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CUSTOMER PROPERTIES, CUSTOMER DATA, THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT, OR NON-CLEAROPS SERVICES (INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SECURITY FAILURES, AND OTHER PROBLEMS CAUSED BY THESE ITEMS), FOR THE COLLECTION, OR THE USE AND DISCLOSURE OF CUSTOMER DATA AUTHORIZED BY THESE TERMS. THE DISCLAIMERS IN THIS SECTION 10 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CUSTOMER AND SITE VISITORS MAY HAVE OTHER STATUTORY RIGHTS, HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES UNDER APPLICABLE LAW, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification Obligations
11.1 Customer agrees to defend, indemnify, and hold ClearOPS, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to, as applicable: (a) Customer's access to and use of the Services; (b) violation of these Terms by Customer or its Authorized Users, as applicable; (c) infringement of any intellectual property or other right of any person or entity by Customer; (d) the nature and content of all Customer Data processed by the ClearOPS; or (e) any products or services purchased or obtained by Customer.
11.2 ClearOPS retains the exclusive right to settle, compromise and pay, without Customer's prior consent, any and all claims or causes of action which are brought against us. ClearOPS reserves the right, at Customer's expense, to assume the exclusive defense and control of any matter for which Customer is required to indemnify ClearOPS and Customer agrees to cooperate with our defense of these claims. Customer agrees not to settle any matter in which we are named as a defendant and/or for which Customer has indemnity obligations without our prior written consent. ClearOPS will use reasonable efforts to notify Customer of any such claim, action or proceeding upon becoming aware of it.
12.1 Disclaimer of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLEAROPS OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF THESE DAMAGES.
12.2 Cap on Damages. CLEAROPS'S AND ITS SUPPLIERS' TOTAL LIABILITY WILL NOT EXCEED IN AGGREGATE THE AMOUNT ACTUALLY PAID BY CUSTOMER TO CLEAROPS FOR THE APPLICABLE CLEAROPS SERVICE OR RELATED SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. FOR FREE ACCESS SUBSCRIPTIONS OR BETA RELEASES, CLEAROPS'S TOTAL LIABILITY WILL NOT EXCEED IN AGGREGATE FIFTY U.S. DOLLARS ($50 US).
12.3 Exceptions. NOTWITHSTANDING THE FOREGOING, NONE OF THE LIMITATIONS IN THIS SECTION EXCLUDES EITHER PARTY'S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY A PARTY'S NEGLIGENCE. IN ADDITION, THE LAWS IN SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY IN THIS SECTION. IF ANY OF THESE LAWS IS FOUND TO APPLY TO THESE TERMS, THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.4 Failure of Essential Purpose. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, ANY CLEAROPS SERVICE OR ANY RELATED SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Third Party Products and Content
ClearOPS may provide, or third parties may provide, links to other third-party websites, services, or resources that are beyond our control. ClearOPS is not responsible for these third-party products or content and just by linking does not mean we endorse them. ClearOPS makes no representations or warranties as to the quality, suitability, functionality, or legality of any third-party products or third-party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such. Always check the security of any service provider. Customer agrees that ClearOPS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party products or third-party content.
14.1 Assignment. These Terms will bind and inure to the benefit of each party's permitted successors and assigns. Neither party may assign these Terms without the advance written consent of the other party, except that ClearOPS may assign these Terms without consent to an affiliate or in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of its assets or voting securities. Any attempt to transfer or assign these Terms except as expressly authorized under this Section will be void.  14.2 Notices. Any notice or communication under these Terms must be in writing. Customer must send any notices under these Terms (including breach notices) to ClearOPS, in English, at the following address, leal@clearops.io, and include "Attention: Legal Department" in the subject line. ClearOPS may send notices to the email addresses on Customer's account or, at ClearOPS's option, to Customer's last-known postal address. ClearOPS may also provide operational notices regarding the ClearOPS Service or other business-related notices through conspicuous posting of the notice on ClearOPS's website or the ClearOPS Service. Each party consents to receiving electronic notices. ClearOPS is not responsible for any automatic filtering Customer or its network provider may apply to emails.  14.3 Publicity. Unless otherwise specified in an applicable order form, ClearOPS may use Customer's name, logo, and marks to identify Customer as a ClearOPS customer on ClearOPS's website and other marketing materials.  14.4 Subcontractors. ClearOPS may use subcontractors and permit them to exercise the rights granted to ClearOPS in order to provide the ClearOPS Service and related services. These subcontractors may include, for example, ClearOPS's hosted service providers. However, subject to all terms and conditions of these Terms, ClearOPS will remain responsible for: (i) compliance of its subcontractors with the terms of these Terms; and (ii) the overall performance of the ClearOPS Services if and as required under these Terms.  14.5 Subpoenas. Nothing in these Terms prevents ClearOPS from disclosing Customer Data to the extent required by law, subpoenas, or court orders, but ClearOPS will use good faith efforts to notify Customer where permitted to do so.  14.6 Independent Contractors. The parties to these Terms are independent contractors, and these Terms do not create a partnership, joint venture, employment, franchise, or agency relationship. Neither party has the power to bind the other or incur obligations on the other party's behalf without the other party's prior written consent. Non-parties do not benefit from and cannot enforce these terms. There are no third-party beneficiaries to these Terms. Customer must not represent to anyone that it is an agent of ClearOPS or is otherwise authorized to bind or commit ClearOPS in any way without ClearOPS's prior written authorization.  14.7 Force Majeure. Neither party will be liable for any delay or failure to perform its obligation under these Terms (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.  14.8 Export Control. Customer acknowledges that the ClearOPS Services, documentation, website, and all related products, information, technology, and software are subject to export control laws and regulations of the United States (including, but not limited to, the US Export Administration Act, sanction regulations from the U.S. Department of Treasury Office of Foreign Assets Control "OFAC"), and of other jurisdictions. Customer is responsible for obtaining any required export or import authorizations for use of the ClearOPS Services. Customer represents and warrants that it, its affiliates, and its Authorized Users are not on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country. Customer must not access or use the ClearOPS Service in violation of any U.S. export embargo, prohibition or restriction.  14.9 MANDATORY ARBITRATION; WAIVER OF CLASS ACTIONS. IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: We Both Agree to Arbitrate. You and ClearOPS agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate within 30 days of first registering your account by contacting us at legal@clearops.io. Arbitration Procedures and Fees. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, New York (NY), or any other location we agree to. The AAA rules will govern payment of all arbitration fees.  Exceptions to Agreement to Arbitrate. Either you or ClearOPS may assert claims, if they qualify, in small claims court in New York or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in New York County, New York to resolve your claim. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.   14.10 Amendments; Waivers. Any modification or amendment to these Terms must be made in writing and executed by an authorized representative of each party. However, if ClearOPS modifies these Terms during Customer's Subscription Term, the modified version will take effect upon Customer's next Subscription Term renewal. In addition: (a) If ClearOPS launches new products or optional features that require opt-in acceptance of new terms, those terms will apply upon Customer's acceptance or use; (b) changes to any terms will take effect immediately for Free Access Subscriptions; and (c) during a Subscription Term, ClearOPS may update ClearOPS's Security Statement, Privacy Policy and Acceptable Use Policy from time-to-time to reflect process improvements or changing practices, and these changes will take effect immediately from the date of posting so long as they do not substantially diminish Customer's rights or create substantial additional Customer obligations during a Subscription Term, in which case Customer may terminate is subscription upon becoming aware of the unhappy changes or requirements. ClearOPS's documentation is available online and constantly being developed and improved, and as a result, during a Subscription Term ClearOPS may update the documentation to reflect best practice with the relevant ClearOPS Service, provided that these changes do not substantially diminish Customer's rights or create substantial Customer obligations. In the event of any conflict between these Terms and any order form, these Terms will take precedence unless otherwise expressly provided. No waiver will be implied from conduct or failure to enforce or exercise rights under these Terms. Waivers must be made in writing and executed by an authorized representative of the waiving party. The waiver by either you or ClearOPS of any breach of any provision of these Terms does not waive any other breach. The failure of any party to these Terms to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party's right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.  14.11 Severability. If any provision of these Terms is found by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that these Terms may otherwise remain in effect.  14.12 No Third-Party Rights. Nothing in these Terms confers on any third party the right to enforce any provision of these Terms. Customer acknowledges that each order form only permits use by and for the legal entity or entities identified in the order form(s) as the Customer, and not any Customer affiliates.  14.13 Entire Agreement. These Terms represents the parties' complete and exclusive understanding relating to the subject matter of these Terms. It supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the ClearOPS Service or any other subject matter covered by these Terms. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms. Any terms provided by Customer (including as part of any purchase order or other business form used by Customer) are for administrative purposes only, and have no legal effect.  14.14 Governing Law & Venue. These terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of New York, U.S.A., without reference to its choice of law rules to the contrary. The parties agree to submit to the exclusive jurisdiction of, and venue in the federal or state court of competent jurisdiction located in New York, NY, U.S.A.  14.15 Language and Translations. ClearOPS may provide translations of these Terms or other terms or policies. Translations are provided for informational purposes and if there is an inconsistency or conflict between a translation and the English version, the English version will control.  14.16 How to Contact Us. If you have any questions about these Terms, please contact us at legal@clearops.io.
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