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Terms and Conditions of Use
1. Binding Legal Agreement
A. These Terms and Conditions of Use (the "Terms of Service") are a binding legal agreement between you and Garcia Media LLC ("Garcia Media") regarding your use of any sites owned by Garcia Media, including but not limited to this website, any affiliated LatinLover website (collectively, the "Websites") and any products or services available from the Websites. Please read the Terms of Service and any linked information carefully.
B. By accessing or using the Websites, you signify your agreement to comply with these Terms of Service (including those available by hyperlink), the Privacy Notice and the Community Guidelines incorporated herein and made a part hereof by this reference, and all applicable local, national, and international laws and regulations. The Terms of Service apply to all users of the Websites, whether or not you contribute any content, such as graphics, drawings, pictures, photos, illustrations, videos, recipes, commentary, information or other materials or services on or to the Websites. If you do not agree to any and all of these terms and conditions, you are not authorized to use the Websites and therefore please do not do so.
C. Garcia Media, in its sole discretion, may modify, amend, or revise the Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you if, and when, major changes are made to the Terms of Service, it's your responsibility to review these Terms of Service for any changes. Your use or accessing of the Websites following any modification, amendment or revision of these Terms of Service will signify your assent to, and acceptance of, its revised terms.
D. Garcia Media reserves the right to discontinue any aspect of the Websites or services at any time.
E. Nothing in the Terms of Service shall be deemed to confer any third-party rights or benefits.
2. Content and User Submissions, Defined
A. Illustrations, drawings, graphics, photos, images, and/or any other pictorial or other content including without limitation, text, software, scripts, graphics, photos, sounds, music, audio, visual, audio-visual, effects, pictures, illustrations, recipes, commentary, interactive features and the like ("User Graphics") and/or recipes, commentary and/or any other textual content ("User Recipes") submitted by you or others to Garcia Media are collectively referred to as "User Submissions".
B. Any content on the Websites, other than User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, audio, video, articles, stories, visual, audio-visual, effects, pictures, illustrations, recipes, commentary, interactive features and the like is referred to as "Content," and the trademarks, service marks and logos contained therein are referred to as ("Marks").
3. Permissions and Restrictions for Your Use of Websites
Garcia Media hereby grants you a revocable, non-transferable, and non-exclusive permission to access and use the Websites as set forth in these Terms of Service, provided that:
A. You comply with the terms and conditions of these Terms of Service (including those available by hyperlink), the Privacy Notice, the Community Guidelines and all applicable local, national, and international laws and regulations; and,
B. You agree not to:
1. Distribute, use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any part of the Websites (including but not limited to Content and User Submissions) in any medium, other than as expressly permitted herein without Garcia Media's prior written consent, including any use, copying, or distribution of User Submissions obtained through the Websites for any commercial purposes.
2. Alter or modify any part of the Websites, including but not limited to Studio Garcia Media's technologies.
3. Access User Submissions or Content through any technology or means other than as authorized by the Terms of Service or a written agreement between you and Garcia Media.
4. Circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use or copying of any Content and User Submissions or that enforce limitations on use of the Websites or the Content and User Submissions therein.
5. Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Websites in a manner that sends more request messages to Garcia Media servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Garcia Media grants the operators of public search engines permission to use spiders to copy materials from the Websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Garcia Media reserves the right to revoke these exceptions either generally or in specific cases.
6. Impersonate any person or organization.
7. "Stalk" or harass any other user.
8. Collect or harvest any personally identifiable information from the Websites, use the communication systems provided by the Websites for any commercial solicitation purposes, or solicit, for commercial purposes, any users of the Websites with respect to their User Submissions.
9. Use the Websites for any commercial use without the prior written consent of Garcia Media. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Garcia Media's express written consent:
a. Sale of access to the Websites, Content, User Submissions, or services via another website or medium (such as a mobile application);
b. Use of the Websites, Content, User Submissions or services for the purpose of gaining advertising or subscription revenue;
c. The sale of advertising, on the Websites or any third-party website, targeted to the content of specific User Submissions or the Content;
d. Any use of the Websites, Content, User Submissions or services that Garcia Media finds, in its sole discretion, has the effect of competing with or displacing the market for the Websites, Content or User Submissions.
4. Use of Content and User Submissions
You may access Content, User Submissions and Website services only as permitted under the Terms of Service. In addition to the general restrictions above, the following specific restrictions and conditions apply to your use of Content and User Submissions on the Websites.
A. The Content on the Websites, the Marks and the User Submissions, are owned by, or licensed to, Garcia Media, subject to copyright and other intellectual property rights under the law. Content on the Websites is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, published, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Garcia Media and/or the respective owners. Garcia Media reserves all rights not expressly granted in and to the Websites, the Content and the Marks.
B. User Submissions are made available to you "as is," for your information and personal use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as expressly authorized under the Terms of Service.
C. You understand that when using the Websites, you will be exposed to User Submissions from a variety of sources, and that you may be exposed to User Submissions that are inaccurate, offensive, unpalatable, inedible, unsafe, poisonous, indecent, or objectionable. You further understand and acknowledge that Garcia Media is not responsible for the accuracy, usefulness, safety, taste, palatability, results, or intellectual property rights of or relating to such User Submissions and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Garcia Media with respect thereto, and agree to indemnify and hold Garcia Media, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Websites.
D. Garcia Media does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Garcia Media expressly disclaims any and all liability in connection with User Submissions.
5. Your Representations, Warranties and Grant of License
A. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You understand that whether or not such User Submissions are published, Garcia Media does not guarantee any confidentiality with respect to any User Submissions.
B. You hereby affirm, represent, and warrant that: You are the sole creator of your User Submission(s) and the sole owner of the rights herein granted, or you own or have all the necessary licenses, rights, consents, and permissions to use and authorize Garcia Media to use all patent, trademark, trade secret, copyright or other intellectual property (including privacy, personality and publicity rights) or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and the Terms of Service. You further represent and warrant that you have no reason to believe that your User Submission infringes or violates any copyright, right of privacy, personality, publicity or other right of any person or entity. You agree to indemnify Garcia Media, its affiliates, officers, shareholders, members, directors, publishers, licensees, sublicensees, representatives, and transferees for any breach of the above representations and warranties.
C. FOR AVOIDANCE OF DOUBT, YOU RETAIN OWNERSHIP OF ALL COPYRIGHTS YOU MAY HAVE IN YOUR USER SUBMISSION, AS WELL AS IN ANY DERIVATIVE WORKS THERETO. However, subject to the provisions of Section 5 D below, by submitting User Submissions to Garcia Media, you hereby grant Garcia Media the perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, adapt, modify, edit, crop, flip, resize, animate or otherwise manipulate, sell, reproduce, repurpose, publish, syndicate, merchandise, advertise, promote, distribute, offer and sell subscriptions, grant permissions, transmit, prepare derivative works of, display, and perform the User Submissions, in whole or in part, for any purpose whatsoever, and to incorporate User Submissions in other works in any form, combination, media, or technology now known or later developed. Any combination or compilation of User Submissions, in any form, format or media, whether now known or later developed, shall be defined as a "Collective Work." The foregoing license shall be broadly construed, and shall include, without limitation the right to:
1. promote, exploit and redistribute part or all of the User Submissions (and derivative works thereof) in any form, media, media formats, including without limitation, digital, internet, online, linear, non-linear and computer, and through any medium or media channels, including without limitation, digital, internet, online, linear, non-linear and computer, currently known or unknown;
2. incorporate the User Submissions on tangible products (e.g., prints, calendars, mugs, clothing and tea towels) and intangible products (e.g., mobile, telephone, software, web and other applications ("Applications")) for resale, subscription or otherwise; and,
3. use the User Submission for marketing, promotional, advertising, subscription or any other income generating purposes, whether to promote the Website, other Garcia Media products or services, or third party products or services. To the extent necessary for Garcia Media to exercise its rights under the foregoing license, you hereby grant Garcia Media a perpetual, non-exclusive, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to the User Submissions and in your likeness as contained therein. You also hereby grant each user of the Website a non-exclusive license to access your User Submission through the Websites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under the Terms of Service. For clarity, you acknowledge that Garcia Media cannot guarantee that Garcia Media will actually use or distribute the User Submission as contemplated herein.
D. In consideration of the rights granted by these Terms of Service to Garcia Media, you shall be entitled to the following:
1. If your User Submission (and/or a derivative work thereof) is published in a book, whether print or digital (e-book), that is licensed, sublicensed, sold, distributed or published by Garcia Media(a "Book"), Garcia Media shall (a) provide you with a free copy of the Book, with no shipping or handling charge; and, (b) promote your contribution by making commercially practicable efforts to include your credit (name, city, state, country and web address) in every copy of the Book and/or on the Website.
For avoidance of doubt, you acknowledge that this perpetual, worldwide, royalty-free license is irrevocable and you will not be entitled to any royalties or other payment as a result of any efforts by Garcia Media to exploit your User Submission for Books or any promotional activities related thereto or to the Website.
2. If your User Submission (and/or a derivative work thereof) is incorporated in or on any "Licensed Products" as that term is defined in Section 5 (D)(2)(c) below, Garcia Media shall pay you the following on a yearly basis:
a. Fifty percent (50%) of the Net License Income (defined in 5 (D)(2)(d) below) received by Garcia Media for any Licensed Product that uses or incorporates only your User Submission;
b. A pro rata portion of fifty percent (50%) of the Net License Income received by Garcia Media for any Licensed Product that uses or incorporates your User Submission as part of a Collective Work. For example, if your User Submission is incorporated in a Licensed Product, such as a 12 month calendar, along with 11 other User Submissions, Garcia Media shall pay you one twelfth (1/12) of fifty percent (50%) of the Net License Income actually received by Garcia Media for that calendar. In the event a Collective Work incorporates User Submissions in different ways, degrees or concentrations, or a clear pro rata division is impractical, Garcia Media shall determine, in its sole discretion, the pro rata share for each respective User Submission.
c. Licensed Products are determined at the sole discretion of Garcia Media and are limited to the following tangible consumer products: stationery, envelopes, art prints, decals, albums, bookmarks, bumper stickers, coasters, planners, paper napkins, paper plates, paper cups, gift bags, file cards, flash cards, flip books, food wrappers, pens, guest books, paper hand towels, magnetic boards, posters, banners, signs, placemats, table cloths, paperweights, party ornaments, pens & pencils, pen & pencil cases, pushpins, stickers, temporary tattoos; items of wearing apparel; tote bags, hand bags & luggage; computer and mobile phone accessories such as mousepads and skins; textile and fabric goods such as blankets, throws, sheets, pillowcases, and towels; magnets & metal signs; housewares, cookware, glassware and beverageware; fashion accessories, toys, board games; and food and beverages. For the avoidance of doubt, Licensed Products do not include any other tangible product or services; media of any kind; intangible products or services of any kind, including but not limited to Applications, and other than the above-listed Licensed Products, you will not be entitled to any royalties or other payment as a result of any efforts by Garcia Media to exploit any User Submissions in any manner.
d. Net License Income means all revenue actually received by Garcia Media and attributable, in Garcia Media's sole judgment to the Licensed Product, less all bona fide costs and expenses related to exploitation of the Licensed Product, including but not limited to its design, manufacture, sale, license, distribution, promotion, advertising, marketing, etc. Any such bona fide costs shall be determined at the sole discretion of Garcia Media and the determination by Garcia Media is final.
e. Garcia Media shall make payments due on Licensed Product within ninety (90) days after the end of the calendar year in which payment for Licensed Product is received by Garcia Media ("Calendar Year").
f. You shall be solely responsible for the payment of all taxes on any monies paid to, or otherwise received by you, from Garcia Media.
g. Garcia Media shall keep accurate books of account and records covering all transactions relating to the license(s) granted hereunder and shall either e-mail you, or make available on the Website, reports and/or statements based on those books, within ninety (90) days after the end of the Calendar Year ("the "Reporting Period"), such determination to be made in the sole discretion of Garcia Media. Reports shall show with respect to all Licensed Product distributed and sold by Garcia Media during the preceding Reporting Period the: (i) number of units; (ii) description of items sold; (iii) revenue attributable to the Licensed Product; and (iv) deductions from revenue attributed to the Licensed Product. Reports, if posted on the Website, shall be accessible only by those entitled to such Reports and you agree to keep all Reports, accountings and records strictly confidential. No audit rights are granted by the Terms of Service, and Garcia Media shall resolve any dispute relating to this Section 5 D, including but not limited to any payments, other consideration and/or credits due, in its sole discretion and the determination of Garcia Media shall be final.
For avoidance of doubt, you acknowledge that this perpetual, worldwide license is irrevocable and other than the consideration specified in this Section 5 D for Books and Licensed Products, you will not be entitled to any royalties or other payment as a result of any efforts by Studio SSS to exploit any User Submissions in any manner.
h. Garcia Media shall promote your contribution by making commercially practicable efforts to include your credit on Licensed Product, its packaging or on the Website.
3. No casual or inadvertent failure by Garcia Media or any third party to comply with the credit or payment provisions of this Section 5 D shall constitute a breach of this the Terms of Service, provided that Garcia Media shall use reasonable efforts to cure any such failure promptly following written notice thereof to the address of Garcia Media as set forth above (with confirmation copy to email@example.com) unless notification of a change of address is given in writing. All other matters with respect to the credit and/or payment to be accorded to you shall be within Garcia Media's sole and complete discretion.
E. Upon the request of Garcia Media, and at Garcia Media's cost, you shall promptly execute and deliver to Garcia Media such documents, assignments, releases, licenses and instruments as may be required or appropriate to effectuate completely the Terms of Service, including without limitation any and all such additional instruments that may be required or requested by, or otherwise appropriate for filing with, the U.S. Copyright Office, U.S. Trademark Office, U.S. Patent Office or any other U.S. or foreign governmental body or entity to protect the User Submission, Content and/or Website and/or document or evidence any of the matters set forth in the terms of Service.
F. You acknowledge and agree that Garcia Media may register and enforce the copyright in the User Submission in your name and that Garcia Media, or its members, shall have the exclusive right to register and enforce the copyright in any tangible or intangible products or media incorporating the User Submission(s), including but not limited to any Licensed Products, Collective Works, Books and Applications in the name of Garcia Media or one or more of its members.
G. You understand and acknowledge that you are an independent contractor. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms of Service.
H. If you provide feedback to us regarding the Websites, Content, or User Submissions ("Feedback"), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose. Notwithstanding anything to the contrary contained herein, in the event Garcia Media determines in its sole discretion that your feedback constitutes a User Submission, that feedback shall be treated as a User Submission, subject to the terms and conditions of these Terms of Service.
I. The Websites may contain links to third party websites that are not owned or controlled by Garcia Media. Garcia Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Websites, you expressly relieve Garcia Media from any and all liability arising from your use of any third-party website.
6. Termination Policy
You may terminate your use of the Website at any time. Garcia Media may suspend or terminate your access to the Websites or terminate these Terms of Service, at any time, for any reason. If Garcia Media suspects that you have violated any provision of these Terms of Service, Garcia Media may also seek any other available legal remedy. Your rights under these Terms of Service will terminate automatically if you breach any part of these Terms of Service. You remain solely liable for all obligations related to use of the Websites, even after you have stopped using the Websites.
7. Copyright Infringement
Garcia Media does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Garcia Media will remove all Content and User Submissions if properly notified in a manner consistent with law and Garcia Media' Copyright Infringement Notification policy that such Content or User Submission infringes on another's intellectual property rights. Garcia Media reserves the right to remove Content and User Submissions without prior notice.
8. Warranty Disclaimer
You agree that your use of the Websites or the products and services available therein shall be at your sole risk. The Websites, Content, User Submissions, and any products or services available on the Websites are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Garcia Media, its managers, members, employees, licensors, suppliers, and agents disclaim all warranties, express or implied, in connection with the Websites and your use thereof, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Garcia Media makes no warranties or representations about the accuracy or completeness of the Websites' Content or the content of any sites linked to these Websites and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Websites and the products and services available therein, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Websites, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Websites by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Websites. Garcia Media does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through any hyperlinked websites or featured in any banner or other advertising, and Garcia Media will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
9. Limitation of Liability
In no event shall Garcia Media, its managers, members, employees, licensors, suppliers, or agents, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your access to or use of the Websites, Content, User Submissions or the products and services available on the Websites. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. The maximum total liability of Garcia Media, its managers, members, employees, licensors, suppliers, or agents to you for any claim under these Terms of Service, whether in contract, tort, or otherwise, is one hundred U.S. dollars (US$100.00) and, in the event of any breach by Garcia Media of these Terms of Service, User shall be limited to User's remedy at law for these monetary damages, if any, and shall not have the right to terminate or rescind the licenses granted herein or to in any way enjoin or restrain Garcia Media's exploitation of the User Submissions. Each provision of the Terms of Service that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under this agreement between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of the Terms of Service. The limitations in this Section 9 will apply even if any limited remedy fails of its essential purpose. The Websites are controlled and offered by Garcia Media from its facilities in the United States of America. Garcia Media makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with their local law.
10. Indemnity
You agree to defend, indemnify and hold harmless Garcia Media, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party or to Studio SSS. This defense and indemnification obligation will survive these Terms of Service and your termination of use of the Websites.
11. Privacy
Garcia Media may collect registration and other information about you through the Websites. Garcia Media's collection, use, and disclosure of this information are governed by the Garcia Media Privacy Policy.
12. Paid Products and Services
Some of our Websites allow you to purchase products and services from Garcia Media or its suppliers. You will be asked to provide billing information (e.g., your credit card information) and to authorize a charge to your credit card for the applicable fees, taxes and shipping, as applicable. Generally, charges associated with your purchase of Garcia Media's products and services will appear on your credit card bill as Garcia Media. You represent and warrant that you have the right and authority to charge payment to the account associated with the credit card information you submit. If you have any questions about a purchase you made on our Websites and the corresponding credit card charges, please contact us at email@example.com. All sales are subject to Garcia Media's Terms of Sale, which are incorporated herein by reference in their entirety.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
14. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Garcia Media without restriction.
15. Notices
By using the Websites, you consent to receiving electronic communications from Garcia Media. These communications will include notices about your account and information concerning or related to the Websites and/or Garcia Media products and services. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
16. Governing Law, Arbitration and Statute of Limitations
These Terms of Service shall be governed by the laws of the State of New York, as if the Terms of Service were a contract wholly entered into and wholly performed within New York, without respect to its conflict of laws principles. Any claim or dispute between you and Garcia Media that arises in whole or in part from the subject matter of these Terms of Service, including but not limited to the Websites and User Submissions, regardless of when submitted; shall be settled by confidential and binding arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate Garcia Media's intellectual property rights or the intellectual property rights of its affiliates, partners or licensors, Garcia Media may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Any arbitration will be conducted in New York, New York, in accordance with the commercial arbitration rules of the American Arbitration Association and judgment on the arbitration award may be entered into any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any cause of action arising out of or related to these Terms of Service, including but not limited to the Websites and any and all User Submissions, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
17. Entire Agreement, Validity and Waiver
These Terms of Service, together with any other legal notices published by Garcia Media on the Websites, or sent to you electronically, shall constitute the entire agreement between you and Garcia Media concerning the subject matter of these Terms of Service, including but not limited to the Websites and any and all User Submissions, regardless of when submitted; and supersedes any and all prior or contemporaneous agreements or representations, written or oral, between you and Garcia Media concerning the subject matter of these Terms of Service, including but not limited to the Websites and User Submissions, regardless of when submitted. You hereby waive all rights and remedies, at law or in equity, arising or which may arise, as the result of your reliance on any such prior or contemporaneous agreements or representations, written or oral, between you and Garcia Media concerning the subject matter of these Terms of Service, including but not limited to the Websites and User Submissions, regardless of when submitted. In the event that any provision of these Terms of Service shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Service unenforceable or invalid as a whole. Garcia Media will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Garcia Media as reflected in the original provision. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Garcia Media's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
18. Survival
It is understood and agreed that whether or not it is specifically so provided herein, any provision of the Terms of Service which by its nature and effect is required to be observed, kept, or performed after the termination or voidability of the Terms of Service shall survive such termination or voidability, and shall be and remain binding upon and for the benefit of the parties hereto until fully observed, kept, or performed.
19. Construction
The fact of authorship by or at the behest of Garcia Media shall not affect the construction or interpretation of these Terms of Service.
20. Contacting Garcia Media
If you have any questions or concerns about these Terms of Service or the Websites, please send us a thorough description by email to email@example.com.
Updated 10. April 2015.


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Shop Rite Supermarket
Hours And Locations for Jersey City, New Jersey
Category: Grocers-Retail
ShopRite Today … Families Serving Families
From a small, struggling cooperative with eight Members – all owners of their own grocery stores – Wakefern Food Corp., the merchandising and distribution arm for ShopRite, has grown into the largest retailer-owned cooperative in the United States and the largest employer in New Jersey. The cooperative is comprised of 50 members who individually own and operate supermarkets under the ShopRite banner. Today, Wakefern and ShopRite together employ more than 50,000 people throughout New Jersey, New York ...
There are over 300 Shop Rite Supermarket locations in the US.
Shop Rite Supermarket Hours And Locations for Jersey City, New Jersey NJ
Luis Marin Blvd &Amp; 6th St
Hours — Tue: 7:00am-12:00am
Hours — Tue: 7:00am-12:00am
400 Luis Marin Blvd.
Hours — Tue: 9:00am-10:00pm
Hours — Tue: 9:00am-10:00pm
Locations currently open are Green and those currently closed are Red.
As of:4:40 am (EDT) Tue Sep 17. [Change]
As of:4:40 am (EDT) Tue Sep 17. [Change]
See all Shop Rite Supermarket locations nationwide.

subset: commoncrawl


text:
2007 Chevrolet Avalanche Z71 Review - Long-Term TestPosted in Vehicle Reviews on May 1, 2008
After triumphantly beating out its GM brethren to win the title of 2007 Four Wheeler Pickup Truck of the Year award (March '07), we were excited to get our hands on Chevy's modular pickup truck and see what living with the SUV/pickup hybrid (no, not that kind of hybrid) for a year was like. Would the trade-offs be too great or just right? Would we find uses for the shortbed? Would there be enough room and storage in the cabin to balance out the SUV side of the equation? And would we see the 20-mpg highway mileage promised by the window sticker?
When our Avalanche was delivered, it was loaded with options that took it to an as-tested price of $47,310, from the base price of $36,040. The most important being the $1,795 Z71 Off-Road package, which includes a handful of goodies such as off-road suspension, body-colored wheel flares, a unique front fascia, high-capacity air cleaner, locking rear diff, and 18-inch wheels and tires, although we could do without the tubular side steps that are also included. Other options that have been added to our Avalanche are the $3,450 LT3 equipment group, which adds such luxuries as leather bucket seats, dual-zone climate control, power adjustable pedals, and rear parking assist. Other options include Navigation ($2,250), a rear-seat entertainment system ($1,295), a sunroof ($250), a rear camera ($195), luggage-rack side rails ($95), and rain-sensing wipers ($45).
The engine is the flex-fuel 5.3L OHV Vortec V-8 featuring General Motors' corporate Active Fuel Management cylinder deactivation system making 320 hp and 340 lb-ft of torque. The engine is teamed with the venerable four-speed automatic, and diffs stuffed with 3.73:1 gearing. While we would love to see the General's new six-speed, we have been impressed with fuel economy averaging close to 16 mpg, with a highest of over 18 mpg. We are hoping as the engine breaks in we can improve on those numbers, but are really enjoying the over 400-mile range per tank.
5PhotosView Slideshow
We were able to get those numbers on the Avalanche's first road trip to the central California coast, as well as the Sequoia National Park and Yosemite. With only a couple thousand miles on the clock, our family of four enjoyed the quiet and smooth ride, plenty of room for the kids in the backseat, as well as full use of the rear entertainment system.
So far, the bed has proven useful for light hauling, from keeping luggage dry under the lockable tonneau to hauling supplies for our 2008 PTOTY competition. Kudos also go to the deep storage bins in the bedsides. We haven't had a chance to use the Midgate yet, but have plans to in the near future.
Other high points during the Avalanche's short stay are fit and finish, ride quality, and brakes that are inspiring. The Avalanche has even won over staffers who claim this is the first GM product they have ever loved. These are early indications that our Avalanche will be very popular in the long-term fleet.
So far our only complaints were from the misguided soul who must have figured the Avalanche for a gas-guzzler and keyed the door, as well as loud tires when cornering.
Congrats to the General on a winner and we can wait to see how well the Avalanche lives up to our high expectations during a year of service with the Four Wheeler staff.
Report: 1 of 4
Previous reports: None
Base price: $36,040
Price as tested: $47,310
Four-wheel-drive system: Electronic part-time two-speed with auto setting
Long-Term Numbers
Miles to date: 6,682
Average mpg (this report): N/A
Test best tank (mpg): 18.36
Test worst tank (mpg): 13.18
This period: None
Problem areas: None
What's Hot, What's Not:
HOT: Good quality, great engine note, surprisingly good fuel economy
NOT: Tires can be noisy during spirited driving, wish it had a six-speed
Logbook Quotes
* "Thanks to whoever keyed the door-bring back some touch-up paint tomorrow."
* "You just can't beat the sounds of a Chevy small-block V-8."
* "Wow, these brakes are great-inspire confidence."
* "Looks much better than the previous generation."
* "This interior is a wonderful place to spend time!"


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Yes, I know, it is old but it cost me £287 in 1997 - a fortune then (still is!).
I am trying to resurrect my IT1000 simply to test kit in my own house.
I am running XP Pro SP3. .
My PC doesn't have a 9pin serial socket. I have the original serial lead for the IT1000.
I have a Prolific serial/USB dongle.
The PC does not have a 3½" FDD. I have the original PATS program disk S.Nr SW5218.
Before I go to the faff of fitting a FDD am I likely be able to get the IT1000 to "talk" to the PC so that I can download the results?
What chance SEAWARD giving me a version of PATS on CD? No? Not surprised!


text:
|Oracle Corporation
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Limitation of Liability
This document is provided for informational purposes only and
the information herein is subject to change without notice. Please
report any errors herein to Oracle Corporation. Oracle Corporation
does not provide any warranties covering and specifically disclaims
any liability in connection with this document.
Trademark Information
Oracle is a registered trademark, and other marks identified in the software and documentation may be trademarks or registered trademarks of Oracle Corporation.
Copyright © 1996-2001, Oracle Corporation.
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For security, click here to clear your browsing session to remove customer data and shopping cart contents, and to start a new shopping session.
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to your search results.
Click the microphone in the search bar to try again, or start typing your search term.
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text:
Policy on Bullying
Name of Victim Victim's Campus ---BETAMedical AcademyMed HighRising ScholarsSci TechSTPA Grade --070809101112
Date Location --ClassroomHallwayCafeteriaBusGymOutsideOnlineOther
Name of Alleged Bully
Grade of Alleged Bully ---070809101112
What happend?
Did anybody else witness what happened? ---YesNo
If Yes, who?
How long has this been happening? Has this been reported before? --YesNo
HAS ANYONE BEEN NOTIFIED? ---YesNo
If Yes, who?
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If yes, please proved email or phone number
151 S. Helen Moore Rd., San Benito, TX 78586 | Phone (956)399-4358


text:
Dance review: New performers ignite Kate Weare's choreography
The current mixed bill at ODC Theater's Music Moves Festival poses a question that few such projects ask: Can you separate the choreography of a small modern dance company from the dancers on whom it was originally set? Can dancers from a slightly different tradition ace the work? Or does performing regularly under a choreographer make a difference? Is there an osmotic procedure through which dancers absorb the stylistic imperatives and sensibilities of their boss? What qualities can a gifted but alien performer contribute?
The program Thursday featured "Drop Down" (2007) and "Still Life With Avalanche" (2014) by the estimable Kate Weare; but the performers, in these two essays, were drawn from the ranks of ODC Dance and cast by the choreographer. The results were fairly incendiary. Bay Area native Weare specializes in focused emotional situations, moods as shattering as they are unambiguous. One rarely ponders the meaning of one of her dances, these vignettes of the vulnerable. Every gesture is part of a larger, universal saga.
Until Thursday, I would have thought Weare's duets of desire needed her own battle-weary troupe to ignite them. But then, Joseph Hernandez and Natasha Adorlee Johnson, in one of the dance season's most stunning moments, delivered "Drop Down" with a freshness and vitality that proved utterly disarming. They struggled, they teased, they broke into a tango, they crawled, they coupled. They linked arms, twisted legs, fought and reconciled, while the pedal point of Katie Down's score filled the air with tension.
Near the end, Johnson's face seems to freeze with disappointment as she misreads her mate. Hernandez, new at ODC last season, introduces a sweet, boyish disposition that should prove valuable to the company, yet he seems to grow up quickly here. Puppy love this is not.
"Still Life With Avalanche" has been seen before here, but the two-section dance now sports a new coda by ODC Artistic Director Brenda Way. The participants are two men (Dennis Adams, Justin Andrews) and one woman (Anne Zivolich), all drawn to and frozen by bars of light on the floor. The men favor unisons; Zivolich squiggles all over the place; and in Way's sensible addition, they finally interact. The addition of a thrilling Missy Mazzoli score keeps it all percolating.
The first part of the evening, which featured Paufve Dance in "Soil," only fitfully succeeded. Randee Paufve collaborated with choreographers Gregg Bielemeier and the late Della Davidson as well as some splendid musicians, to create a five-part, all-women piece, which, in turn, is a reduction of an evening-length opus.
"Soil" (2013) starts brilliantly with an incantatory solo for Paufve, seen at first in silhouette in prostrate form. Not a finger is out of place in this beautifully crafted, spare but potent piece enhanced by cellist Chris Evans' score, performed live.
But Paufve remains a polished miniaturist, and this attempt to confer an organic quality on five different solos fails, despite the recurring physical imagery (like thumb and index finger curled into an O). Some of the other dancers, like Maureen Miner and Juliana Monin, lack Paufve's exquisite control. The exception is Peiling Kao, whose comic attack - abetted by a dozen white beach balls, Bielemeier's choreography, pianist Elijah Wallace and a nutsy version of "Over the Rainbow" - penetrates the gloom.
Music Moves Festival: Paufve Dance; ODC Dance performs Kate Weare. Through 8 p.m. Saturday, ODC Theater, 3613 17th St., San Francisco. $25-$30. (415) 863-9834, www.odctheater.org
Allan Ulrich is The San Francisco Chronicle's dance correspondent. E-mail: firstname.lastname@example.com


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The Commission for Financial Capability is running free seminars about living in retirement villages with support from the Retirement Villages Association and experienced legal practitioners.
These seminars provide practical tips for intending residents and their families.
The seminars focus on things to consider before choosing to live in a retirement village and practical tips before you sign up to live in a retirement village. Speakers from the Commission, Retirement Village Association and legal profession will discuss types of retirement village structure, costs and operations. The seminars will also explain some important resident's rights and
where you can find out more information.
The seminars are 90 minutes long and include plenty of dedicated question and answer time throughout the event. Places are limited and registering attendance is essential.
Tea, coffee, and light refreshments provided.


text:
Secluded Retreat Integrating Mountain-Inspired Colors And Textures
Designed to adapt to an alpine environment defined by scree slopes, imposing rocks and gravel tracks, this modern Mountain Retreat seems to mirror the awe-inspiring surrounding landscape in a collection of carefully constructed interiors. A brainchild of New Zealand-based Fearon Hay Architects, the small mountain home near Lake Wakatipu, Central Otago, provides a secluded escape translated into modern modern architectural language by adapting it to surroundings. Large sliding walls transform the living zone into a first-row invitation to lie in the comfort of a contemporary structure and feel blessed to be outside at the same time. Colors and textures create a praise-worthy composition, described by the architects as a studied balance between natural and man-made: "The internal environment is both muscular and refined, referencing the toughness of the environment while providing comfort required for a retreat in the mountains."


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OK for police to search cellphone if no password, says court
Ontario's highest court has signalled that the right of police officers to look through someone's phone depends on whether there's a password.
The Court of Appeal for Ontario says it's all right for police to have a cursory look through the phone upon arrest if it's not password protected, but if it is, investigators should get a search warrant.
The court's ruling comes in the case of a man who appealed his robbery conviction, arguing that police breached his charter rights by looking through his phone after his arrest.
Kevin Fearon was arrested in July 2009, after a jewelry stall at a flea market in Toronto was robbed, and police found pictures of a gun and cash as well as a text message about jewelry on his phone.
The Appeal Court denied his appeal, saying that police were allowed to look through Fearon's phone "in a cursory fashion" to see if there was evidence relevant to the crime, but after that they should have stopped to get a search warrant.
The court says if the phone had been password protected or otherwise locked to anyone other than its owner, "it would not have been appropriate" to look through the phone without a search warrant.
The Appeal Court judges referenced a decision in a murder case in which the judge did not allow evidence from a personal electronic device because it "functioned as a mini-computer," which has a high expectation of privacy. The contents of that device were only extracted by a police officer using specialized equipment in that case, the Appeal Court judges noted.
"There was no suggestion in this case that this particular cell phone functioned as a 'mini-computer' nor that its contents were not 'immediately visible to the eye,' the court said in its ruling, released Wednesday.
"Rather, because the phone was not password protected, the photos and the text message were readily available to other users."
The court, though, declined to create a specific new rule for all cellphone searches.
"It may be that some future case will produce a factual matrix that will lead the court to carve out a cellphone exception to the law," the ruling said. "To put it in the modern vernacular: 'If it ain't broke, don't fix it."'


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Tag Archives for " butterflies "
Welcome to Tuesday Tots! I just ordered our very first butterfly kit which is due to arrive later this month. My 3 and 5 year old are so excited to watch their very own caterpillars turn into butterflies! In anticipation of their arrival, I was excited to see that lots of caterpillar and butterfly activities […]Continue reading


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This is TELL ME MORE from NPR News. I'm Michel Martin. Quick, here's a quiz. How many mayors can you name off the top of your head without even thinking about it? Chances are, even if you don't live there, you can name the mayor of New York. New York City mayors often cast a national shadow, from Ed Koch to former presidential candidate Rudy Giuliani, to media mogul turned politician Michael Bloomberg. Now, as New York City enters the final stretch of its latest mayoral campaign to succeed Mr. Bloomberg, we will hear from another New York mayor who made history in his own way, David Dinkins.
David Dinkins earned the glare of national attention, not just as the mayor of one of this country's most important cities, but also as that city's first black mayor, winning the office in 1989. But it was a difficult time for the city. Race relations were fractured, the economy was struggling and many neighborhoods were in the grip of a crack epidemic. He talks about all of this in his new book "A Mayor's Life: Governing New York's Gorgeous Mosaic," and David Dinkins is with us now. Welcome. Thank you so much for joining us.
DAVID DINKINS: Thank you very much.
MARTIN: Mr. Mayor, you served 20 years ago. Why now?
DINKINS: Well, others have written of me, and I thought it was high time that I told it my way.
MARTIN: You say in the book that you were actually reluctant, at first, to run. I mean, you loved being Manhattan Borough President. You had run three times for the job before you got it. You actually loved the job. So why did you finally decide?
DINKINS: Well, I always try to be careful for this not to sound like I was drafted because that's not quite the case. But some friends of mine, political folk and others, insisted that I should run. We had supported Ed Koch - by we, I mean Percy Ellis Sutton, one of my mentors, a great man - and he and others of us supported Ed Koch in a runoff in 1977 against Mario Cuomo, and Koch succeeded. He was a very liberal progressive mayor in those days, but Ed seemed to move to the right. So by the time it got to be his third term, he was not very popular. And we were displeased, and so I ran, and we won.
MARTIN: A lot of people remember Ed Koch as being this kind of avuncular figure, you know, his famous catch phrase, how am I doing? But he was also a very polarizing figure, and many people believed that he'd kind of gotten to a place of being particularly abrasive and confrontational with minorities. So that was, you know, part of the story. When you won the mayor's race 1989, you thanked your supporters and - paraphrasing here - you thanked them for voting their hopes and not their fears. How long do you think that that lasted?
DINKINS: Well, it lasted, I suppose, as long as one could hope, initially, but we did have problems. I suppose foremost among them was Crown Heights. That's a community that contains many Orthodox Jews and some Caribbean blacks, and there'd been difficult times. And there came an occasion when the traditional motorcade to the rabbi's burial site - the last car in that motorcade fell behind, and in an attempt to catch up, he lost control and hopped the curve and struck two little black children. Gavin Cato was killed. His cousin, severely injured. And following that, rumors spread that the ambulances had come and taken away the white driver and left the black children to die. Now that was not true, but that's the word that spread. And as a result of that, a divinity student from Australia named Yankel Rosenbaum was stabbed and later died.
So anyway, that resulted in a little, mini-riot, as it were. And the New York City police, who are the best in the world at controlling riot situations, did not do a sufficiently good job on that occasion. And it wasn't until after a couple of days, I said, whatever the hell you're doing, it ain't working. And I insisted that they do better, and they were able to quell things. But in the meantime, it was said by some, that I or others in our administration had given orders for the police to not stop the blacks from attacking Jews. That just wasn't true. It's a lie. It never happened that way. But we had to suffer, and it was particularly harmful to me because I considered myself a friend of the Jewish community and the state of Israel. I could cite many instances where I had shown that concern prior to this occasion before I took office.
MARTIN: And all that goodwill evaporated with this.
DINKINS: Didn't mean a thing.
MARTIN: You write about that quite a bit in the book. You write about Crown Heights extensively, but it's interesting. You point out three things that people tease you about. One is, you are very careful about your grammar. As you say, you love the King's English, you love tennis and you don't mind dressing up.
DINKINS: No.
MARTIN: Do you think that the reason these particular interests of yours - preferences - particularly for, you know, careful diction, perfect grammar and so forth, is it because you're African-American, you think people just don't believe that you should carry yourself in that way?
DINKINS: Well, no, it's really because of Alice Jackson Houston, who taught freshman English at Howard University. And she wouldn't tolerate grammatical errors, and she was insistent that we speak correctly, and I learned from her. As a matter of fact, a few years ago - I teach at Columbia University - I had one of my students Google her. I said, I wonder how she is and where she is, and it developed that she had died in 2001 or '02. But she had a son who is a judge in the Washington, D.C. area, and I got him on the phone - and these were not his words - but it was sort of like, well, why are you calling me? And I said, I just want you to know what your mother did for me. And in every office that I have had where we had speechwriters and whatnot, I could envision little three by five cards that would say, don't you dare ever say between he and I, or other such. But we learned that from Alice Jackson Houston.
MARTIN: If you're just joining us, I'm speaking with the former mayor of New York City, David Dinkins. He's just written a new memoir. It's called "A Mayor's Life." With the benefit of hindsight, is there anything you would have done differently as mayor?
DINKINS: Oh, absolutely. I'm sure that, as we say, God's not finished with me yet. So I'm by no means perfect, and I'm confident that we made many mistakes. Certainly, I would have insisted sooner in Crown Heights that the police did a better job. I would not have tolerated that as long as I did. We once had a Korean boycott situation, and I was criticized there for not walking across the picket line and destroying the effort that some blacks had to ill-treat this Korean merchant. I finally did, but I wish I had done it sooner.
MARTIN: Why do you think you didn't?
DINKINS: Because I had faith in our staff that had a similar problem that they solved in a matter of a couple of days. But there were those who didn't want that particular one solved, and so they did all they could to defeat us.
MARTIN: That's kind of the through line of the criticism of your administration, by those who criticize it, that they say that you're a very well-meaning man. You certainly care about the city, you certainly love the city, but the through line for your critics is that you just took too long to respond to these kinds of toxic situations. What's your take on that?
DINKINS: Well, I would say that in some instances, they're probably right, but in a whole lot of other instances, they're wrong. And some of those same people never seem to notice how crime decreased on our watch, how homelessness - which today, in 2013, we have more homeless in New York than we have ever had since we started keeping records - but it decreased during our time. So I'm confident that when people look back - I won't say 100 years from today - but maybe 20, 30 years, they might say, oh, gee, you know, those guys did a pretty good job. I like New York. I think it's - with all due respect to those of you who live elsewhere - I think it's the greatest town in the world. And being mayor of New York is the greatest job there is, save the one that President Obama has.
MARTIN: I want to talk a little bit about him and ways in which you may feel you've paved kind of the way from him. But I do want to talk a little bit about this whole issue of crime and race in New York. When you were mayor, as you recall, there were some of these searing racial incidents, Crown Heights being just one of them. I mean, there was Yusuf Hawkins, the young black boy who was beaten by a group of white kids in Bensonhurst. That was - so there were these really sort of painful, explosive kind of racial incidents.
These days, the thing that people talk about more, in terms of kind of the racial climate in New York, is stop-and-frisk. And a federal judge has just said that that policy is unconstitutional, and the city government is appealing. But this is where police, as a crime-fighting policy, have stopped and frisked people on the street that they believe may be suspicious of carrying drugs or weapons or something of that sort. It's been overwhelmingly black and Latino youth who've been stopped and frisked. Activists from all over the country say that this policy is racist and is destructive to the social fabric. The irony is that the commissioner, Ray Kelly, you first appointed.
DINKINS: That's true.
MARTIN: And I'd like to ask how you feel about the policy, and if you think the critics are right?
DINKINS: Well, you'll have to suffer one of my long responses.
MARTIN: OK, I'm ready.
DINKINS: I contend that in any segment of our society - schoolteachers, priests, rabbis, police officers, firefighters - there's a certain percentage who do not follow the rules, who will misbehave, who will behave improperly. And so if you've got 30 - 35,000 cops, it stands to reason that some of these police officers are not going to behave as they should. Now one of the things that we believed in and practiced was what we call community policing.
And we had police officers get out of the patrol cars and walk the beat. And therefore, you would not have a situation as we had a year or two ago when Calvin Butts - and Dr. Butts is a senior minister at the famous Abyssinian Baptist Church on 138th Street - when he was stopped by a couple of police officers. Now, if these cops had known who he was, they never, ever would have stopped him. That's precisely the point. Community policing says that the police should know the community, the community should know the cops 'cause, as you doubtless know, much crime is abated because the community trusts the police officers.
MARTIN: So is your argument that this a matter of a few bad apples, or...
DINKINS: Well, this is...
MARTIN: ...'Cause that was not the judge's finding. The judge's finding was that this policy, as it's been implemented, is unconstitutional, that it's a policy problem.
DINKINS: That's true, and I think that it is unconstitutional if you stop someone purely on the basis of race, and that was the finding.
MARTIN: Have you talked to Ray Kelly about this?
DINKINS: No, no.
MARTIN: Well, clearly, you had confidence in him since you first appointed him. So what's gone wrong here?
DINKINS: Well, you'd have to put that question to him. I'm confident that he would respond that those who have misbehaved did not do so with his sanction.
MARTIN: Is there something in particular - I think it's important to note that you weren't the first African-American mayor of a major American city, but you're certainly the first African-American - you're the first African-American mayor of New York City. And as we've discussed, this is an outsized job. You're not just a national figure, but an international figure. I mean, one of the highlights of your - well, it's true. I mean, world leaders come through New York to, you know, meet at the United Nations. You're host to leaders from all around the world. One of the highlights of your administration, as you recount, was when you welcomed Nelson Mandela to the city. You actually - you tell a very funny story about that, that the owner of the Yankees was reluctant to have the event at Yankee Stadium, initially, to welcome Mr. Mandela. But then you put a Yankee hat on him and a Yankee jacket...
DINKINS: Well, Billy Joel...
MARTIN: ...And that went over well.
DINKINS: Well, Billy Joel gave us one of his days. He had concerts for several days, and he gave us one of those days. And on that occasion, Madiba spoke to the crowd, and I draped a jacket around him and put a cap on him. And he says, I am a Yankee. You know who I am, I am a Yankee. And the place erupted.
MARTIN: Well, as a Mets fan, I'm not so happy about that, but I'll just leave that to the side.
DINKINS: Well, you see, I was a...
MARTIN: I'll leave that to the side. But I did want to ask if you feel there's something that political leaders who succeeded you learned or should learn from your career and your stint as mayor of New York.
DINKINS: Well, I would hope that all public officials would adopt a philosophy of, we serve the people, and we serve at their pleasure. And too many of us who hold public office think that the world is there for us, that the sun rises and sets on us because we have been privileged to serve, and that's just not the case. The attitude should be the reverse. Those of us who have been privileged to serve should receive it that way and say, I owe you. You permitted me to serve you, and I owe you.
MARTIN: Is there any wisdom that you would want to pass on to people listening to our conversation who perhaps aspire to the kind of career that you had, particularly African-American politicians or public figures who are following in your footsteps...
DINKINS: Well, I...
MARTIN: ...Who would like to?
DINKINS: Well, I'll tell you what I say to young people who come to me seeking advice about - they'll say such things as, I want to get in politics, what should I do, where do I start? And I tell them all that you need to be appropriately motivated. If you want to be mayor or some other high office because you want to see your name in lights, that's an improper motivation. If you want to be mayor or whatever because you want to serve people and make the lives of others better, then you will succeed if it's in you.
MARTIN: David Dinkins is the former mayor of New York City. His new book "A Mayor's Life: Governing New York's Gorgeous Mosaic" is available now. He was kind enough to join us in our Washington, D.C. studios. Mr. Mayor, thank you so much for speaking with us.
DINKINS: Thank you.
Copyright © 2013 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.
NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR's programming is the audio record.


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I'm starting out with a 2.6kWh battery pack that is supposed to be delivered today. I somewhat altered my initial plans, I'm going to first engage in the building of a solar powered trailer "generator." So panels, plus battery, charge controller, and inverter, installed on a trailer that can then provide clean power for lighting large areas at night, and/or providing power for tools, etc during the day.
So the battery pack is built from old Leaf cells, I purchased it from http://evbatterycenter.com/ and I intend on using that as my launching point for making my own cells from salvaged Nissan Leaf vehicles. I plan on testing out the components prior to the purchase of the trailer, and I'll post an update once I've got that next stage complete. I anticipate some time in June or July I'll be making progress on the solar power trailer.


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Provides a comprehensive range of ideas for teachers who are working with speech and language therapists to support children in mainstream primary schools with SLCN
Price: £0.00
How to get this: http://www.strath.ac.uk
A website that is a searchable library of ideas and resources, organised by target, and contributed by a community of therapists
Price: £0.00
How to get this: http://www.therapyideas.org
Free resources for professionals to share their experiences and knowledge of working with children
Price: £0.00
How to get this: http://www.disabilitytoolkit.org.uk
The Makaton Charity have developed a range of resources for using and teaching Makaton, including a range of free resources available to download
Price: £0.00
How to get this: http://www.makaton.org/resources
This invaluable book provides detailed advice and activities to promote the communication skills of all school age children. It develops ideas suitable for children at primary school. It has been written to be accessible to parents, learning support assistants and teachers and many speech and language therapists use it in their daily work. It is the core reading material for the accredited course Speech and language support for 5-11s. It addresses many areas including: Attention and listening Helping school age children understand spoken language and develop verbal reasoning skills Helping school age children develop their expressive language Phonological processing activities Developing vocabulary and story writing and use of mind maps Helping school age children develop their social skills Helping school age children with unclear speech As with all Elklan materials having purchased the book you are free to photocopy any relevant pages so equipping others who work within your school or health provision.
This excellent resource makes this complex area of language development accessible to non-specialist staff. fAll those working in the field will appreciate the clear explanations and practical support and advice for those working and living with children at the pre-intentional and intentional stages of communication as far as beginning to use first words. The book explores a wide range of issues concerning children who have little or no means of expressing themselves verbally. Language Builders for Complex Needs provides ideas for assessment and recording progress as well as detailed advice and practical activities. It is written for speech and language therapists, teachers, teaching assistants, pre-school practitioners and parents. The book examines the characteristic communication skills, the interaction required and the thinking and play skills that need nurturing at each of the following stages: Pre-Intentional Communication. Being able to anticipate events. Intentional Communication. It also considers: The link between play and language. Total Communication – signs, symbols, Communication Passports, and briefly, Augmentative and Alternative Communication. Using first words, ideas and phrases.
This invaluable book provides information about Autism Spectrum Disorder (ASD) and gives detailed advice and activities to promote the communication and interaction skills of all verbal children with ASD. It covers a wealth of knowledge and is beautifully illustrated to provide many practical strategies and ideas suitable for children at primary school as well as those in specialist provisions. It has been written to be accessible to parents, learning support assistants, teachers and other professionals who work in this field. It is the training material for those completing the Elklan ASD specilaist course but is also a stand alone publication and is useful for all practitioners. Amongst the topics covered are: What is autism? Using structure with children with ASD. Developing communication. Working with Information Carrying Words to develop the length of sentences a child can understand. Developing verbal reasoning in children with ASD. Using vocabulary maps and Mind Maps, the latter devised by Tony Buzan. Developing interaction through using Comic Strip Conversations as devised by Carol Gray. Helping children learn how to speak in a social context. Understanding that children with ASD often communicate most effectively through their behaviour. As with all Elklan materials having purchased the book you are free to photocopy any relevant pages so equipping others who work within your school or health provision.
Communication Builders for AAC provides comprehensive information about the assessment and use of the whole range of AAC options. Andrea Kirton, co-author, is a highly specialist speech and language therapist but she writes this book in a style which makes this important information accessible to education practitioners, parents, carers, SLTs. It is the core reading material for the accredited course Supporting Adults and Children using AAC. It's a one-stop-shop to AAC! Contents: Chapter 1: What is AAC (Alternative and Augmentative Communication)? Why use AAC? What Does AAC Include? Access Methods The AAC Team Chapter 2: Assessment Who might benefit from AAC? Cause and effect skills Social Communication Skills Symbolic Understanding Understanding of Spoken Language The expressive-receptive gap Visual SkillsAccess Method Tools for Assessment AAC Profile and Action Plan Definition of Communicative Competence for AAC users (Janice Light, 1989) Social Networks (Sarah Blackstone and Mary Hunt Berg, 2003) Means, Reasons and Opportunities (Della Money and Sue Thurman, 1994) Chapter 3: Unaided Communication What is Unaided Communication? Assessing Unaided Methods of Communication Observation Schedule for assessing Unaided Communication Methods Developing Unaided Communication Skills Chapter 4: Low Tech Communication Aids Types of Low Tech AAC systems Aspects of Assessment for Low Tech AAC Access Vocabulary/Language Social Use Design Issues The Next Step – Activities to support and develop use of the Low Tech AAC system Cause and effect with people (Communicative Intent) Requesting item/indicating choice Participation in a social activity General Conversation Chapter 5: High Tech Communication aids Types of High Tech Communication Systems Assessment for a High Tech System Access Vocabulary/Language Social Use Design Issues The Next Step - Activities to support and develop use of the High Tech AAC system Linguistic Skills Social Skills
Price: £22.00
This resource provides detailed advice and practical activities to support the communication skills of children with any degree of hearing loss ranging from mild to severe. Language Builders for Hearing Difficulties is relevant to many speech and language therapists, learning support assistants and teachers who work in pre-schools, schools or units and parents and carers who are helping their child at home. It is the core reading material for the specialist accredited course 'Supporting Children with Hearing Difficulties'. It addresses many areas, including: Types of hearing loss. Things to look out for if you are concerned about a hearing loss. Hearing assessment. The impact hearing difficulties can have on communication. Changing the interaction and environment to support the child. Supporting language and social skills. Supporting listening and phonological development.
Price: £22.00
Language Builders for Pupils with SLD (Severe Learning Difficulties) book provides detailed advice and activities to promote the communication skills of children and young people (5-25yrs) who are able to verbally understand and express their basic needs and ideas but who are really struggling to learn and cope in education settings. It has been written to be accessible to parents, learning support assistants and teachers and many speech and language therapists use it in their daily work. It is the core reading material for the accredited course Speech and Language Support for Pupils with SLD. It addresses many areas including: What is communication? Using positive adult-pupil interaction to promote communication Supporting effective vattention and listening Helping pupils who have learning difficulties to understand spoken language and develop verbal reasoning skills Using Total Communication as a core approach to communication Promoting vocabulary development Develop expressive language and narrative skills Learning how to identify and support pupils' social communication skills
Price: £22.00
This beautifully illustrated resource is designed to help speech and language therapists, education staff and the wider workforce to assess and develop the verbal reasoning skills of all under 5s and primary aged children who experience difficulty understanding what is said to them The TALC is based on the Language of Learning Model proposed by Blank, Rose and Berlin (1978). The Language of Learning Model is popular in Australia where it is referred to as 'Blanks' or 'The Blank Language Scheme.' This scheme is very popular with early years and education staff as it helps them to differentiate class based activities for all children. This assessment will enable children to be appropriately assessed and supported at the right level for them. Anyone familiar with the principles of assessing children can conduct the TALC. More information about 'Blank' is written in the resource and in all Elklan Language Builders books (excepting Communication Support for Children with Severe and Complex Needs). The TALC can be used to: Assess the level of abstract language a child can understand Set individual, specific, measurable, achievable, realistic and timely (SMART) targets Increase the awareness of the types of questions and directions the child might be expected to understand Indicate how the language used to interact with the child can be modified to ensure that the child understands the linguistic demands Encourage the development of the child's abstract reasoning skills within his level of ability Develop the child's confidence because the demands will be realistic Measure change There are two parts to the TALC assessment: Part I involves a picture assessment. The topics for the six pictures have been carefully chosen to reflect the experiences of a wide and diverse population. The child is shown a picture or is given four pictures to put in the correct order. The assessor asks the questions listed on the score sheet and notes can be made about the child's response. There are 70 questions. Part II of the TALC gives a list of the types of questions which can be adapted to suit all situations so that assessment can take place during natural communicative interactions. A simple record sheet is provided.
Price: £45.00


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CHADDS FORD, PA--(Marketwire - Nov 20, 2012) - By simply enjoying a warm beverage this winter, you could give the gift of warmth and help provide a child in need with a brand new winter coat. International Delight®, Silk®, Horizon® and Land O'Lakes® have pledged to donate up to $100,000 to Operation Warm and its Coats For Kids Foundation to provide American children living in poverty with brand new winter coats.
From now until Jan. 15, 2013, consumers can pick up specially marked packages of International Delight, Silk and Horizon seasonal products as well as Land O'Lakes creamers and visit www.shareyourdelight.com to register the product's UPC code. For every product registered, 50 cents will be donated to the Coats For Kids Foundation. Eligible products are specially marked with a red scarf and a full list of these products can be found online at: www.shareyourdelight.com.
"A proper winter coat is a huge necessity, especially in freezing temperatures," says Carey Palmquist, executive director of the national nonprofit Operation Warm. "Not having one can be a major barrier to their education by prohibiting children from attending school."
For 1 in 5 American children currently living in poverty, parents are often forced to choose food and shelter over proper clothing. Palmquist says by giving a new winter coat to these children, they are addressing an immediate need. The coats alleviate a major financial burden for parents and keep children in school where they receive an education, a warm meal and heated shelter five days out of the week.
International Delight, Silk and Horizon seasonal products as well as Land O'Lakes creamers have pledged to donate up to $100,000 to the Coats For Kids Foundation this holiday season. For a complete list of eligible products, and to track the campaign's progress and coat-o-meter, visit: www.shareyourdelight.com.
"A $100,000 donation would mark the single largest contribution in the history of Operation Warm's Coats For Kids Foundation," says Palmquist. "More importantly, it will mean thousands of additional children living in need will receive new winter coats."
Operation Warm is the only national nonprofit providing new winter coats to American children living at and up to 150 percent of the federal poverty line. The organization has distributed more than one million coats to children ages 3 to 12, in 37 states across the United States. To make a direct donation, go to: www.operationwarm.org.
Contact Information:
Media Contact:
Amy Summers
Pitch Inc.


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Going up Down Under: Southern Hemisphere's tallest building
Planning approval has been given for Australia 108, a 388-meter skyscraper in the Victorian city of Melbourne that will be the tallest building in the southern hemisphere.
That boast may not last too long with a taller building in South Africa set to be completed in 2018 -- the same year Australia 108 is due to complete.
Victorian Planning Minister Matthew Guy this week approved plans for the US$622 million project, which will be built on the city's Southbank Boulevard.
When complete, it'll surpass Melbourne's Eureka Tower (297 meters) and overthrow Q1 (322 meters) in Queensland's Gold Coast as the tallest building in the southern hemisphere.
More on CNN: 20 of the world's most iconic skyscrapers
Construction is expected to begin early 2014 and it will take three to four years to build, according to an Australia 108 representative.
The design, by Fender Katsalidis Architects (who also designed Eureka Tower), will feature 108 floors of residential apartments, recreation facilities, a "six-star luxury hotel" and a sky bar on the top floor that resembles a glass cube suspended between two pillars near the pinnacle.
"Australia 108 has the ability to define Melbourne and signify our coming of age as a dynamic and progressive international city," said Nonda Katsalidis, co-designer of the tower.
"Nothing like this exists in our part of the world."
The hotel will be located from level 83 and house 288 rooms. At that height the view will be impressive despite Melbourne's notoriously unpredictable weather.
The design of the lobby on level 83 will appear to be hovering over the city. In addition to the two restaurants and bars, the lobby will feature an observatory lounge with sections of glass floor for brave souls hoping to see the ground from above.
Most of the recreation facilities, including the sky bar and observatory lounge, will be available to the public while other areas will be reserved for residents and guests only.
Details on who will operate the hotel are yet to be released.


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Premier Public
What others are saying.
These rankings by top publications assist students, parents, school counselors and
employers with determining the quality and value of a college education. College guide
books, established magazines and research institutes that provide annual national
rankings are often the first places people start sensible college searches for top
or best choices.
Here's what several distinguished national college guides and magazines recently reported about Binghamton's overall academics, affordability and programs:
- #4 in 2014 as a best value among the nation's public colleges for out-of-state students and #15 overall - Kiplinger's Personal Finance
- #10 best value for public universities based on academics, cost of attendance and financial aid - The Princeton Review: Best Value Colleges for 2014
- "Students become 'well-rounded individuals who are globally aware and environmentally conscious.'" - The Princeton Review's "The Best 378 Colleges" (2013)
- One of the nation's top 50 public universities for the 17th consecutive year - U.S News & World Report (2014)
- Rated a Best Buy and one of the premier public universities in the Northeast, "with a four-year graduation rate that is among the highest of any public university, Binghamton has a reputation for an excellent education at a reasonable price." - Fiske Guide to Colleges, 2014
- Among the top 25 of schools nationally whose students graduate with the least amount of debt - U.S. News & World Report (2010)
- #22 in Forbes' Best Value ranking (2012).
- Ranked #79 based on social mobility, research and service by the Washington Monthly's 2010 College Guide featuring 258 national universities
- Ranked among the top 100 U.S. institutions enrolling 1,000 or more international students – specifically 67th nationally and 8th in New York state out of approximately 1,300 schools participating in Open Doors 2012 – the Institute of International Education (IIE)'s annual census of international students in the U.S.
- Binghamton is one of only 16 colleges in the nation, and the only SUNY school, to receive the highest score on The Princeton Review's annual "green rating" for campus environmentally-related policies, practices and academic offerings. (The Princeton Review, 2012)
Also, several aspects of Binghamton University are recognized for outstanding academic offerings, value and successes within specific fields of study, employment and interests:
- Binghamton University's Thomas J. Watson School of Engineering and Applied Science is ranked among the "Great Schools for Computer Science/Computer Engineering Majors" by The Princeton Review (2012).
- Binghamton University's School of Management is ranked 23rd among public undergraduate business schools and 54th nationwide. (Bloomberg BusinessWeek 2014).
- Corporate recruiters ranked Binghamton 11th among all schools for the quality of its graduates; and students praised "the schools' intimate feel and responsive administration."
- Class of 2011 SOM graduates' median starting salary is $54,487 (the national average is $41,701 for all careers and $48,144 for business careers). (National Association of Colleges and Employers, 2012)
- Binghamton is #12 on the spring 2015 Hillel College Guide Top 60 Public Schools Jews Choose list.


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Chrysanthemum tea is one of those beverages that, to me, actually tastes like spring. Not the spring of torrential downpours or hay fever or, in Beijing, Mongolian sandstorms. But the first days of transition, when people on the street are actually smiling again, that ugly down jacket is shoved back into storage, and eating lunch outdoors seems like putting the ectasy back into your relationship with nature. So it seems fitting that on these first few days of tshirt-and-light-jacket weather, I've been sipping chrysanthemum tea nonstop.
Chrysanthemum tea (菊花茶 júhuāchá) is actually a tisane, or herbal tea. Instead of using tea leaves, herbal brews extract flavor from flowers, herbs, fruit, and grains. The little flowers that make up the loose "tea" range in color from white to pale yellow to bright yellow. You can steep it in a pot or a cup, but because blooming flowers floating in water is a bit more photogenic than tea leaves, restaurants sometimes present it in a big glass teapot. It is also served with a dish of bingtang, or rock sugar; just one or two cubes brings out the slight sweetness in this mellow tea.
According to Chinese medicine, chrysanthemum tea is also one of the best things to drink for "cooling" your system. Eat too much Sichuan food or drink too many whiskey shots over the weekend? Then drink some chrysanthemum tea to get rid of the excess "heat" in your body. It purportedly prevents sore throats and reduces fever, maybe even reduces blood pressure. As for me, I drink it because it's soothing and, unlike coffee or even green tea, I can sip it all day long knowing I won't toss 'n turn at night.
If you're not in China and surrounded by bags of dried chrysanthemum at every grocery store, or can't find it in a Chinatown or natural foods store near you, you can still order it online. The Tea Farm and Enjoying Tea are two sites where you can order it in loose form.
And don't forget the bingtang.
Learn more about other teas:
Ginger milk tea Rose milk tea Golden Saffron Spiced Tea from Vegeyum White teas from Vegeyum Ginseng Tea from My Korean Kitchen


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With luxury cabins and lodges located minutes from all of your favorite Hocking Hills area attractions, 4 Seasons Hideaways is proud to offer lodgings for up to 14 guests. We have the right cabins and lodges to meet your needs: great for larger groups, family get-togethers and reunions, multiple couples, girlfriend getaways, corporate and church retreats, or a holiday getaway. All lodges are professionally decorated, and include full kitchens, air conditioning, TV/DVD players with DirecTv, cozy fireplaces, and linens/towels — everything to make your stay a perfect one! We even have 2 pet-friendly lodges.
Finally, an environmentally friendly property management company in the beautiful Hocking Hills! 4 Seasons Hideaways uses only the finest eco-friendly cleaning products to keep toxins out of the air and water, the highest quality 100% recycled paper products to promote healthy forests, offers recycling at all properties to promote sustainability, prints all marketing materials and mailings on 100% recycled paper, and is the home to the most beautiful lodges in the area! By staying with us at 4 Seasons Hideaways, you won't only find the peace and relaxation that you're looking for, but you'll also be doing a little bit to help save our planet.
Whether you choose to stay at the secluded and relaxing Butterfly Haven Lodge or the rustic lakefront Lodge on the Lake, you won't be disappointed! 4 Seasons Hideaways is the best choice for a Hocking Hills getaway!
The Groundspeak Geocaching Logo is a registered trademark of Groundspeak, Inc. Used with permission.


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text: Thursday, October 17, 2013 Budget on the Table Provides Support for Reform of Caps and SGR Reform of the caps on outpatient therapy and repeal of the Medicare sustainable growth rate (SGR) payment formula will be part of the 2014 federal budget discussions in a conference committee seeking compromise after disagreements led to a 16-day government shutdown. Amendments to a congressional budget resolution support the authority to "reform or replace" both provisions. The conference committee has until December 13 to send a compromise budget to both chambers of Congress—failure to do so will leave unresolved many of the issues that sparked the October 1 shutdown. The shutdown was rooted in largely partisan disagreements over federal spending, disagreements that budget conferees hope to resolve before the December deadline. Conference committee members will discuss a budget proposal that allows for substantive changes to be made to limitations on Medicare Part B payments. The legislative language in the budget resolution lends support to SGR and therapy cap reform efforts being reviewed by both the House and Senate. These discussions include finding a permanent path to repeal the Medicare therapy caps and the SGR. APTA has been a strong advocate for changes that would end hard caps and put a permanent end to the SGR—an outdated formula that has been temporarily altered by Congress every year in so-called "Doc Fix" legislation. Grassroots efforts to make these changes are now under way and will become a central focus of APTA's advocacy agenda through the end of the year. Comments if the rules change the oversight should increase dramatically within state bodies since the amount of fraud already is horrific and with cap removal or increased so WLL the fraud.many medicare patients are being seen with multiple other patients as opposed to one on one Posted by harry brafmann on 10/18/2013 3:13 PM Sadly many of these changes that get proposed are due to the greed of our own members. Posted by Scott Schultz on 10/18/2013 6:00 PM So if I am hearing my two fellow APTA members correctly, the failure of the "cap" system and fraud abuse within the Medicare system lies on the shoulders of PT's because they treat more than one patient at a time. Wait plus PT's are greedy little b_______ds??? Posted by Linda Zane on 10/20/2013 1:28 AM It is really sad when other PTs are not really educated enough to add insight into how and what about OBAMA care will destroy our futures and the future of our children. Just my thoughts after all I know I jnow enough about the crap being rammed down our throats. SIGNED 23 years as an owner of an outpatient PT clinic. Posted by Gary on 10/23/2013 12:21 PM


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Related Graphics and Visualization Courses
Tentative courses offered in visualization and graphics for the 2012-13 academic year.
The Visualization and Graphics curriculum in the Department of Computer Science at UC Davis has been in place for a number of years. We regularly offer three undergraduate (ECS 175, ECS 177, ECS 178) and eight graduate courses (ECS 275A, ECS 275B, ECS 272, ECS 277, ECS 278, ECS 280, ECS 227, EEC 277). Other courses are normally given on an "every other year" basis, with specialized courses offered on demand.
For a complete listing and descriptions of Computer Science courses offered at UC Davis, visit the Computer Science department web site.
Course Notes
The notes linked below have been a useful tool in many of these classes. They include a basic introduction to different computer graphics techniques as well as some C++ classes for implementing such techniques.
The geometric modeling on-line lectures have been developed recently to support the ECS 178 (Introduction to Geometric Modeling) and ECS 278 (Computer-Aided Geometric Design). These can be access through the link below:


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Aug. 9 — Kelli Grace Aslinger, 30, 923 Paint Rock Ferry Road, Kingston: public intoxication, resisting arrest, disorderly conduct. Total bond $3,000; court date Sept. 24.
• Branton Lee Bodine, 25, 298 Tucker Lane, Lenoir City: aggravated burglary. No bond or court date listed.
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Claims against BP contractors dismissed at trial
In this Wednesday, April 21, 2010 file photo, oil can be seen in the Gulf of Mexico, more than 50 miles southeast of Venice on Louisiana's tip, as a large plume of smoke rises from fires on BP's Deepwater Horizon offshore oil rig. An April 20, 2010 explosion at the offshore platform killed 11 men, and the subsequent leak released an estimated 172 million gallons of petroleum into the gulf. The Gulf oil spill settlement trial has started in New Orleans, Monday, Feb. 25, 2013. U.S. District Judge Carl Barbier is scheduled to hear several hours of opening statements Monday by lawyers for the companies, federal and state governments and others who sued over the disaster. Barbier is hearing the case without a jury. The trial is designed to identify the causes of BP's well blowout and assign percentages of fault to the companies. (AP Photo/Gerald Herbert, File)


text: Meeting your new employee could be as close as the touch of your mouse. Point. Click. Recruit. Potential employees are literally knocking at your virtual door, and through our niche sites, they have found the most direct route to you. Let our industry-specific site save you two of your most valuable commodities in the hiring process: time and money. When it comes to filling your open positions, you can't afford to waste any time. In business, time is money, and with the Job Board Network, your search just got easier!


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Media Statements & Speeches
Chairman Jon Wellinghoff Statement
September 20, 2012
New FERC Office to Focus on Cyber Security
I am pleased to announce the establishment of a new office that is designed to provide leadership, expertise, and assistance to the Commission in identifying, communicating, and seeking comprehensive solutions to significant potential cyber and physical security risks to the energy infrastructure under the Commissions jurisdiction. This new office will be called the Office of Energy Infrastructure Security, or as everything in FERC has to have shorthand, OEIS.
Specifically, the Office will concentrate its efforts and resources in four areas. First, OEIS is charged with developing recommendations for identifying, communicating and mitigating potential cyber and physical security threats to Commission jurisdictional energy infrastructure using our existing statutory authorities. Second, OEIS will offer assistance, expertise and advice to other federal and state agencies, jurisdictional utilities, and Congress for identifying, communicating and mitigating cyber and physical security threats to Commission jurisdictional energy infrastructure. Third, the Office will participate in interagency and intelligence-related coordination and collaboration efforts with appropriate federal, state agencies and industry representatives on cyber and physical security matters related to Commission jurisdictional energy infrastructure. Fourth, OEIS will conduct outreach with private sector owners, users and operators of the energy delivery systems, regarding identification, communication and mitigation of cyber and physical threats to Commission jurisdictional energy infrastructure.
OEIS is an outgrowth of the growing potential for cyber security attacks and physical security risks such as an electromagnetic pulse event that necessitate a significantly more agile approach. Because of the widespread effects and serious consequences that a successful cyber or physical security event may bring, it is important that swift, consistent, and effective action be taken by entities to prevent such attacks. Effective mitigation will require rapid interactions among regulators, industry and federal and state agencies. The key benefit of a stand-alone office focused on energy infrastructure security is that it leverages the existing resources of the Commission with the resources of other government agencies and private industry in a coordinated, focused manner. I want to emphasize, however, that OEIS work will be complementary to, not a replacement of, FERCs existing regulatory processes for reliability. Thus, OEIS is intended to enhance our ability to ensure the reliability of the bulk power system.
Joe McClelland has agreed to be the Director for the new Office. I want to thank Joe for his leadership and accomplishments as the architect of FERCs success in assuring the reliability of the bulk power system since Congress gave us this mission seven years ago. Initially, Joe built the Reliability Division from the ground up within OEMR. Five years ago when OER was established as a stand-alone office, Joe took a new organization, created a vision, implemented an action plan and OER became a model organization. Its directly due to the dedication and good work of Joe and his staff that we now have reached the point where a separate stand-alone office dedicated to energy infrastructure security is possible.
I have all the confidence that Joe will be able to replicate his past success with OEIS.
I am also happy to announce that Ted Franks will be acting Director of OER. Under Teds direction, OER will continue all of its important work on reliability standards, compliance, engineering, planning and operations. Finally, I want to emphasize that OER, as well as OEIS, will continue to work closely and cooperatively with NERC.


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Stocks kicked off the week with a thud, with the Dow and S&P 500 logging their first four-day losing streaks this year, as Treasury yields hit a two-year high amid ongoing worries over when the Federal Reserve might start to reduce its asset purchases.
"All of last week, people were trying to make the story match the market move," said Art Hogan, managing director at Lazard Capital. "If the pullback last week was due to tapering worries, then I think we may have overdone it. I was more concerned about the actual negative news—weak guidance from Cisco and earnings misses from Macy's, Wal-Mart and Kohl's."
(Read more: After-hours buzz: Urban Outfitters, Facebook & more)