text: Terms of Service Advantage Program Terms of ServiceWeb Site Terms of Service | Product & Service Terms | Rental Terms WEB SITE TERMS OF SERVICE COPYRIGHT ©Copyright 2017 Service Experts LLC. All rights reserved. Except as otherwise noted in this web site, all information, documentation and other content posted in this web site (collectively, the "Information") is the property of SE Holdco, LLC and its parent, subsidiaries and affiliates or a third party who has granted Service Experts LLC permission to use such information (collectively "Service Experts"). Without limiting the foregoing, the text, content, graphics, icons and overall appearance of this web site are the property of Service Experts. The posting of information does not constitute a waiver of any of Service Experts' proprietary rights in such information (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information is protected by U.S. and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any Information. You may not sell or republish, or copy for other than your own individual use, the Information or any portion thereof without the prior written consent of Service Experts. TRADEMARKSService Experts' trademarks may not be used in connection with any product or service that is not the property of Service Experts, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Service Experts. Other trademarks used on this site are the property of their respective owners and are used herein solely for descriptive purposes. Mention on this Web site of trademarks held by other parties should not be construed as a challenge to said trademarks' status or ownership. DISCLAIMERTHIS WEB SITE IS PROVIDED BY SERVICE EXPERTS ON AN "AS IS" BASIS. SERVICE EXPERTS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS TO THE OPERATION OF THE WEB SITE, OR THE CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON THIS WEB SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SERVICE EXPERTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE EXPERTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM THE USE OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. SERVICE EXPERTS WILL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF OUR WEB SITE. SERVICE EXPERTS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SERVICE EXPERTS IS NOT RESPONSIBLE FOR THOSE COSTS. APPLICABLE LAWThis Web site is created and controlled by Service Experts in the State of Texas, U.S.A. As such, the laws of the State of Texas will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. By use of this web site you irrevocably consent for any and all disputes with Service Experts to the venue of state or federal courts located in the State of Texas. If you access the Web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. We reserve the right to make changes to our site and these disclaimers, terms and conditions at any time with or without notice to its users. USE OF USER-GENERATED CONTENTService Experts retains ownership and the right to publish, without permission and in any format, any content submitted by any user of this Web site or any Service Experts-owned Web site. LINKS TO OTHER SITESThe Web site contains links to third party Web sites. These links are provided solely as a convenience to you and do not constitute an endorsement of the sites, the third parties themselves, or their goods, services, or products. Service Experts is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. ADDRESS OF RECORD Service Experts LLC 3820 American Drive Suite 200 Plano, Texas 75075 HVAC SERVICE TERMS AND CONDITIONS DEFINITIONSWhere the context permits, the following words shall have the meanings indicated. "Authorized Service Technician" means the person(s) authorized by Service Experts to furnish the Service hereunder, which may include third party subcontractors authorized by Service Experts. "Customer" or "you" means the person, partnership, company, or corporation purchasing the Service hereunder. "Equipment" means the HVAC unit or associated equipment that is the subject of the Service rendered hereunder. "Service" means the installation, inspection, servicing, reconditioning, start-up, alteration, repair, replacement, or correction of Equipment, or a part thereof, or assistance with respect thereto. "Service Experts" or "our" or "us" or "we" means Service Experts LLC, a Delaware limited liability company, d/b/a Service Experts Heating & Air Conditioning and each of its subsidiaries. "Service Order" means the executed agreement between Service Experts and Customer setting forth the terms of the Service, which incorporates these Terms and Conditions. "Service Experts Program Terms" means the specific features of any of the following: (1) Ultimate Protection Plan, and/or (2) Plus Maintenance Agreement. CONTRACTBy accepting the Service or making a payment for all or part of the Service Customer accepts the Service pursuant to these terms and conditions. PLUS Maintenance contracts will automatically renew annually unless you notify us in writing at least 30 days before your contract expires. WARRANTY AND 100% Satisfaction Guarantee*Service Experts agrees to accept responsibility for your 100% complete satisfaction. This means that if you are not totally satisfied with the product installation Service, we will promptly address and perform to your complete satisfaction those issues regarding material or workmanship or we will remove the installed equipment and refund your money. If you are not totally satisfied for the first year following the Service performed by Service Experts, we will promptly address and perform to your complete satisfaction those issues regarding material and workmanship or we will refund your Service fee. This 100% Satisfaction Guarantee* applies so long as: (i) the entire HVAC system (the "System") is maintained annually by a Service Experts Authorized Service Technician; (ii) all repairs recommended by Service Experts are performed on the System; and (iii) the System has been used solely for the purpose and under the conditions for which it was designed and has not been subjected to misuse, alteration, accident or abuse.The warranties herein and remedies for breach thereof are exclusive and conditioned upon Customer providing timely notification to Service Experts. They are given by Service Experts and accepted by Customer in lieu of any and all other remedies, warranties, and guarantees, express or implied, and IN LIEU OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. SERVICE EXPERTS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES, WHETHER ARISING IN THE CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL SERVICE EXPERTS, ITS AGENTS, AND ITS EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF PROFIT, LOST DATA, LOSS OF OPERATING TIME OR LOSS OF, OR REDUCTION IN USE OF, ANY FACILITIES (INCLUDING EXISTING FACILITIES) OR ANY PORTION THEREOF, INCREASED EXPENSE OF OPERATION OR MAINTENANCE, OR EXPENSE OR REPLACEMENT PRODUCTS RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT OR FROM DELAYS IN OR THE INABILITY TO RENDER ANY SERVICE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL SERVICE EXPERTS BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, OR DAMAGE ARISING FROM ANY SOURCE WHATSOEVER, INCLUDING NEGLIGENCE, IN EXCESS OF THE PRICE PAID BY CUSTOMER FOR THE SERVICE WHICH GIVES RISE TO THE LOSS, COST, OR DAMAGE. WHAT IS NOT COVERED/GUARANTEEDThis contract does not cover: (a) Ultimate Protection Plan which is a maintenance plan and/or extended warranty plans governed by a separate agreement between You and Service Net Warranty, LLC.; (b) any additional Equipment that is added to Your heating and/or air conditioning system, unless we agree that for an additional annual fee to cover same; (c) any maintenance to Equipment that has been altered or repaired by anyone other than an Authorized Service Technician, including any unauthorized alterations made by you to the Equipment; (d) damage or other Equipment failure due to causes beyond Service Experts' control including, but not limited to, repairs necessary due to operator negligence, Customer's failure to maintain the Equipment according to the owner's manual instructions, abuse, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power supply, moisture or other unusual atmospheric conditions, acts of war or acts of nature; (d) consumable items defined as any part that is considered consumable by the manufacturer; (e) damage or failure caused by animals or insects; (f) regular maintenance, maintenance parts such as filters, lubricants, or refrigerant gasses, unless specifically included in the description of the applicable Service; (g) failure and replacement caused by contamination of the sealed system such as by Green Slime, Dirty Sock Syndrome, etc.; (h) corrosive conditions caused by location or moisture;(i) leaks in the Equipment in the evaporator, Schrader cores, condenser and/or metering device or other connections resulting from loose valves and/or loose valve caps, interconnecting fittings and/or field piping (line sets/tubing); (j) miscellaneous items such as nitrogen that are used to detect or diagnosis failures unless specifically included in the description of the applicable Service; (k) alteration of the Equipment to meet changes in federal, state or local codes and regulations, or repairs which require additional parts and labor to bring the Equipment into working condition as a result of such government regulations; and/ or (l) manual or digital thermostats unless specifically included in the description of the applicable Service. COMPENSATION, INVOICING, AND PAYMENTPayment is due upon completion of work. Delinquent accounts are subject to interest at the rate of 1 1/2% per month, but not in excess of the maximum rate permitted under applicable law. Customer agrees to pay all expenses incurred by Service Experts for collecting any delinquent accounts, including, but not limited to reasonable attorney's fees, filing fees and associated costs. For any Service for the inspection, tune-up, or maintenance of Equipment to be performed in a single service call, Service Experts shall invoice the Customer for all charges incurred in accordance herewith and such invoices shall be due upon completion of work. For any Service to be performed on multiple service calls or over a specified term, Customer may authorize payment by "Automatic Checking Acct Debit" or "Automatic Credit Card Debit", whereby Customer authorizes Service Experts to charge a monthly installment from Customer's account beginning one month after the application is approved. The automatic monthly payment will continue until a written notice of termination is received by Service Experts. As permitted by applicable law, upon renewal of this contract, Customer agrees that Service Experts may change or increase the monthly installment charge and automatically debit such charge in connection with any changes to standard service fees. Cancellation will be subject to Service Experts then current refund policy or in the case of Ultimate Protection Plan, pursuant to service net warranty, LLC's, terms and conditions. SCHEDULINGCustomer shall schedule a date for Service at the time of purchase or else authorize Service Experts to contact Customer at a later time to schedule the appointment. If any Service is not scheduled at the time of purchase, or if the appointment is cancelled or otherwise prevented from occurring, Service Experts will make three reasonable attempts to schedule the appointment to complete the applicable Service. To the extent permitted by applicable law, in the event Service Experts cannot reach Customer after three reasonable attempts or is not permitted to perform the Service after three attempts to schedule such Service, then Customer agrees that Service Experts shall have fulfilled its obligations as to such Service hereunder, and Service Experts shall retain all funds associated with the purchase of such Service and be relieved of any further obligations to provide the Services. CONSENT TO CONTACTBy entering into this agreement, you expressly consent and permit Service Experts to contact you by phone (via live operator or automated call) to schedule and provide products and services associated with your purchase or service. You consent to receive future communications and advertising about the products and services we offer via phone, email or mail. You consent and agree that we may provide your contact information to our third party partners for use in marketing related products, services and extended warranties to you. LIEN RIGHTSService Experts hereby notifies Customer that persons or companies furnishing labor or materials for the construction on Customer's land may have lien rights on Customer's land and buildings if not paid. GOVERNING LAWThis Agreement shall be construed and governed by the laws of the State of Texas. WAIVERService Experts' waiver of any breach by Customer of any of the provisions contained herein shall not constitute a waiver of any other breach of the same or any other provision. Service Experts' rights and remedies under any provision contained herein shall be in addition to and not in substitution or limitation of any other rights and remedies available to Service Experts under applicable law. HEADINGS AND SEVERABILITYThe headings of the paragraphs of this agreement are for convenience only and shall not be construed as adding meaning to the provisions. If a court determines that any part of this agreement is unenforceable, the parties agree that only the portion of this agreement that is so determined to be unenforceable and shall be stricken and that the remaining parts shall be unaffected. ENTIRE AGREEMENTThese General Terms and Conditions, together with the Service Experts' Service Order, state specific addendum attached hereto, and any applicable Program Terms, shall constitute the entire agreement of the parties and shall not be modified except by written change order issued and signed by Service Experts. No prior representations, inducements, promises, or agreements between the parties, whether oral or written, shall be of any force or effect and any said prior representations, inducements, promises, or agreements are hereby revoked and superseded. No terms stated by Customer in accepting or acknowledging this offer or otherwise shall be binding except as expressly incorporated herein by Service Experts. THIS OFFER IS EXPRESSLY LIMITED TO ACCEPTANCE UPON THE TERMS AND CONDITIONS CONTAINED HEREIN. New York Addendum to Service Experts' Service OrderAny contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to your home improvement contract and who is not paid may have a valid legal claim against your property known as a mechanic's lien. Any mechanic's lien filed against your property may be discharged. Payment of the agreed-upon price under the home improvement contract prior to filing of a mechanic's lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge a mechanic's lien. Disclosure of Cancellation rightsIn addition to any rights otherwise to revoke an offer, the owner may cancel the home improvement contract until midnight of the third business day after the day on which the owner has signed an agreement or offer to purchase relating to such contract by delivering the attached form Notice of Cancellation to Service Experts. HVAC RENTAL TERMS AND CONDITIONS1. Definitions "Equipment" means the item(s) you rent from us, which are described in section A of the Federal Consumer Leasing Act Disclosures of this Rental Agreement; "Owner(s)" or "Home Owner(s)" means the owner of the Premises on which the Equipment will be installed; "Premises" means the Installation Address set out on the first page of this Rental Agreement and shall include the residence and all property thereon excluding the Equipment; "Rental Agreement" means this residential rental agreement between Service Experts and you, the customer; "we", "our" , "Service Experts" and "us" means Service Experts LLC and its subsidiaries, affiliates and/or our authorized service providers; and "you", "Customer" and "your" means the Lessee and Owner(s). 2. Term This Rental Agreement will have a term of 120 months (the "Original Term"). This Rental Agreement will continue thereafter for successive one-month terms (each an "Extension Month"), unless otherwise terminated as provided herein or by either party during any such Extension Month with at least 30 days' prior written notice. 3. Our Commitment to You In consideration of your commitment to the payment terms provided in this Rental Agreement and your continued compliance with the terms and conditions contained herein, we agree to the following: (i) Installation: to ensure proper installation of the Equipment; however, any and all costs and expenses arising beyond the normal and typical installation process, including any costs or expenses related to permits, licenses, inspections or other requirements of local laws or regulations, shall be the sole responsibility of you, the Customer. (ii) Service & Maintenance: during the Original Term, and subject to your continuous compliance with the terms and conditions of this Rental Agreement, we will perform all normal and reasonable repair and maintenance on the Equipment with no additional service charges or part replacement charges beyond the monthly rental rate except (a) as may be caused by or arising from your failure to properly care for the Equipment, as more generally described in Section 4 below, or any other act of negligence, neglect, misuse, or abuse, (b) any alteration, modification, adjustment, damage, service, repair, moving or disconnection of the Equipment, or any use of the Equipment in a manner, way, or purpose other than as intended, (c) where any ancillary or connecting equipment, materials, or elements (including, but not limited to, any venting, piping, wiring, ducting and/or electrical services) require cleaning, repair or replacement or otherwise contribute to the need for any service, repair, or maintenance on the Equipment, or (d) as otherwise described in this Section 3. Our 24-hour per day, 7-days-per-week emergency phone number is 1-866-397-3787. (iii) Periodic Inspection: from time-to-time (which may be more or less frequently than annually), we will contact you to arrange a mutually agreeable time for us to have access to the Premises to inspect the Equipment and assess its condition and your compliance with your obligations and commitments contained in this Rental Agreement. Your failure to provide us with access to the Premises and Equipment shall be deemed a breach by you of this Rental Agreement and such breach shall entitle us to all rights and remedies provided in this Rental Agreement or otherwise available to us in equity or law. Our commitments specifically do not cover, and we are not responsible for, any of the following: (A) The cost of replacement of the Equipment, or any part thereof or replacement part costs during any Extension Month; (B) Duct cleaning; (C) Repair, service, or replacement of the Equipment or Premises (including any and all direct, consequential, or resulting costs and expenses) required, recommended, or needed as a result of any: (1) weather conditions, subsidence, structural repairs, fire, freeze, power or electrical surge, riots, lightening, explosion, earthquake, tornado, flood, storm, acts of war, any insurable risks, and any and all acts of God; (2) abuse, tampering, alterations, improvements, or repairs by anyone other than us; (3) improper use or setting of the Equipment, including but not limited to the thermostat; (4) faulty or poor performing electrical wiring, breakers, fuses, piping, venting, or any other element of the heating or cooling system not included in the Equipment, including but not limited to the plumbing and drainage systems; (5) the extinguishment of the pilot light; (6) the Equipment has been turned off; (7) renovation or repair work done at or to the Premises; (8) failure to properly care for and clean the Equipment or otherwise perform reasonable maintenance; (9) electronic, computerized, or energy management systems (such as a smart house), applications, or devices, including connected home systems, devices, and applications; (10) chemical or sedimentary buildup, rust, corrosion, insect infestation, mold, mildew or bacterial manifestations, missing parts, structural change; (11) your failure to fully perform and comply with your obligations under this Rental Agreement; and/or (12) negligence, misconduct, or any other acts or omissions by parties other than us; (D) Ancillary Equipment and Materials: You acknowledge and agree that you own, or are otherwise responsible for, any and all costs and expenses arising from or related to the piping, venting, wiring, ducting on the Premises (regardless of who installs such material), unless it is expressly itemized and included within the Equipment, as better described in the Description of Leased Item(s) in the Federal Consumer Leasing Act Disclosures attached to this Rental Agreement. In addition to any rental charges under this Rental Agreement, you are responsible for the costs of any ancillary piping, venting, wiring, and ducting we install on the Premises. We are not required to remove these items after this Rental Agreement ends and have no responsibility for them if any of the Equipment is removed or if this Rental Agreement is terminated; (E) Repairs needed as a result of accidental or deliberate damage, loss or theft; (F) Any and all redecorating, restoration, and/or repair costs or expenses that may be required or recommended as a result of any work performed in connection with this Rental Agreement, including, but not limited to, wall coverings, drywall, plaster, wallpaper, paint, floor coverings, tile, cabinetry, counter tops, landscaping or repair of any structural or cosmetic defects. If it is necessary for us to dig on your property in connection with work performed in connection with this Rental Agreement, we will fill any holes and leave the ground level or mounded, but we will not restore the original surface or construction, including upgrades or the cost of construction, carpentry, or other modifications made necessary by the Equipment or the installation of the same; (G) Providing for or closing access to covered items; (H) Service, maintenance, repair, or replacement necessitated by any loss or damage resulting from any cause other than normal usage. Loss or damage due to failure to clean or maintain the Equipment, rust, water damage, mud, soil movement, windstorms, hail, theft, intentional acts (other than by us), accident, pet or pest damage, acts of God, or failure due to excessive water pressure (I) Preventative maintenance other than to the extent noted in Section 3 (ii) above; and (J) Consumable items, including but not limited to filters and fuses. If, after installation, building or other code violations are discovered before or during the diagnosis or repair of Equipment, we will not be required to repair or service such Equipment until the necessary corrective work is completed at your own expense. If additional costs are incurred in order to comply with local, state, or federal law, we shall not be responsible for that additional expense and you shall pay for same. We are not responsible for service or repair of Equipment when permits cannot be obtained and we will not pay any costs relating to permits. Our commitment does not cover any service involving hazardous or toxic materials, asbestos, lead or the disposal of refrigerants or contaminants. If a thermostat that is included in the Equipment fails, we will provide a replacement thermostat with a make/model, of our choice, that enables like operation of your dependent heating, ventilation and/or air conditioning equipment. Zone thermostats/controls and energy management controls are not covered by our commitment. We are not responsible for insufficient air distribution due to existing ductwork design or clogged duct work or for insufficient water flow due to existing piping or radiators or clogged piping or radiators. Costs of refrigerant recovery, vacuuming and refill are excluded from our commitment. 4. Customer Obligations and Commitments In consideration of receiving and using the Equipment, you agree that: (A) You will pay your charges billed under this Rental Agreement when due. You agree to pay any taxes payable in connection with this Rental Agreement. Payment is due on on the date set forth on the invoice. We will mail the invoice at least fifteen (15) days before the invoice is due. Acceptable methods of payment currently include pre-authorized electronic payment and payment by check. If you choose to pay by check or pre-authorized electronic payment and any check is returned or pre-authorized electronic payment is not processed due to non-sufficient funds ("NSF"), you agree to pay a NSF charge of $25 and a late payment charge. (B) Late Payments: You will be charged a late payment of 1.5% per month or 18% per year (for an effective rate of 19.56% per year) of any amount past due or the maximum amount allowed under law, whichever is less. (C) You will promptly inform us of any change in (i) your mailing or email address at least 30 days in advance of such change; and/or (ii) if previously provided, bank account or credit card information you provided us promptly after such change is made. (D) You will provide us with timely access to the Equipment whenever requested by us to perform services or exercise our rights under this Rental Agreement. (E) You will use the Equipment safely and responsibly for its intended purpose only, and in particular you will: (i) ensure that no combustible, hazardous or flammable materials are used or stored in the same room as, or near, the Equipment; (ii) ensure that the Equipment is not confined in a location where it is difficult to service or remove or where there is inadequate ventilation; (iii) ensure that the filters, vents and openings are kept clear and clean and are otherwise kept well maintained by you; and (iv.) obtain our approval before you connect any add-on equipment, such as air handlers, humidifiers, storage tanks, air duct systems or hydronic baseboards to the Equipment. We are not responsible for the installation or maintenance of any add-on equipment, or for any damage caused by this add-on equipment or the Equipment if the damage occurred because of the add-on equipment. (F) You will notify us promptly if the Equipment breaks down or is damaged. (G) You will not permit anyone but us to service, repair, modify, move or disconnect the Equipment. (H) You will be responsible for any damage to, or loss of, the Equipment, including if caused by you or third parties. You will also be responsible for any damage to, or loss of, the Equipment if caused by fire, flood, accident or other insurable risks. We will only be responsible for damage to the Equipment outside of our warranty obligations if the damage is caused by our gross negligence. You will maintain sufficient insurance to cover any damage to the Equipment and, upon our request, promptly provide us with evidence of such insurance. You are responsible for determining whether the installation of the Equipment affects your existing insurance coverage, as well as making any necessary additions or corrections to your insurance policy and for the consequences of failing to make such additions or corrections, if any were needed. (I) You will maintain in good working order the ancillary piping, venting, wiring or ducting owned by you or otherwise on the Premises that but are not included within, the Equipment. (J) The Equipment remains our property, is not intended to become a fixture and you will not tamper with any plate(s), tag(s) or sticker(s) identifying the Equipment as rented Equipment owned by us unless and until you exercise your right to purchase the Equipment as provided in this Rental Agreement. (K) If you sell, lease or otherwise transfer the Premises, you will, in addition to your obligations in Section 6 (Sale of your Home), advise us in advance and advise the transferee and any potential purchasers that the Equipment is rented pursuant to this Rental Agreement. (L) This Rental Agreement is binding upon and will inure to your heirs, personal representatives, successors, and permitted assigns. 5. Ownership of Equipment/Customer Credit THIS IS A RENTAL AGREEMENT AND NO OWNERSHIP INTEREST IN THE EQUIPMENT IS BEING TRANSFERRED HEREBY. SERVICE EXPERTS OR ITS ASSIGNEE WILL REMAIN THE OWNER OF THE EQUIPMENT DURING THE EFFECTIVENESS OF THIS RENTAL AGREEMENT. During the time that this Rental Agreement is in force, the Equipment remains the property of Service Experts or its assignee and although it may be affixed to the Premises, is not intended to become a fixture. You agree to assist in protecting our ownership interest by signing and providing any further documents we may reasonably require and you acknowledge that we may register notices of security or ownership, such as appropriate liens, including on title to the Premises. See Section 18 for further information regarding any security interest. You agree to keep the Equipment free of all liens, security interests, mortgages and other claims. You understand and agree that we may require a background and credit check in connection with this Rental Agreement and, by signing this Rental Agreement, you consent to and approve our solicitation of such information and our use of the same to make a determination as to certain terms required in this Rental Agreement or to refuse to enter into or terminate this Rental Agreement prior to the installation of the Equipment. In the event that Service Experts decides to take any action to terminate or refuse to enter into the Rental Agreement, you would be provided with any and all required notices. 6. Sale of your Home If you are the Owner and you sell or otherwise transfer the Premises, you are required to inform the buyer or transferee, at or before the effective date of the sale or transfer, of the existence of this Rental Agreement and the rental Equipment installed in the Premises. In the event the sale of the Premises requires the preparation of a residential property condition disclosure or similar document, you agree you will disclose this Rental Agreement in that disclosure. We will permit the purchaser to assume your rights and obligations under this Rental Agreement, effective from the date of sale, or other transfer, provided that (i) you or your representative notify the transferee in the sale or transfer agreement that the Equipment is rented and is subject to this Rental Agreement, (ii) you or your representative advise us in advance of the transferee's name and the intended date of sale or other transfer, (iii) you or your representative advise us in advance of the address and telephone number where you can be contacted after the date of sale or transfer, (iv) the transferee agrees in writing or by conduct with us to assume your obligations, and (v) you have paid us all amounts owing under this Rental Agreement. Unless and until these conditions are satisfied, or unless we otherwise waive any or all of these conditions, which we are under no obligation to do, both you and/or the customer(s), as applicable, will remain responsible for the Equipment rental and your obligations under this Rental Agreement, including making all rental payments. You hereby authorize us to respond to information requests relating to your account made by or on behalf of the transferee. We may also accept performance of your obligations (including payment obligations) from other parties (such as tenants) but will not be required to do so. 7. Limited Warranty This is a rental agreement and not a sales contract and we make no representations or warranties as to the Equipment or its performance. As between you and Service Experts, the Equipment is "As-is". WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. However, we do warrant that the services performed by us as to the Equipment under this Rental Agreement will be free from material defects. The duration of such warranty shall continue as long as this Rental Agreement remains in effect, but no less than thirty (30) days from the date of performance. In the event any of our services fail to conform to this warranty we will repair or replace the defective service at our expense. We will also assign or provide coverage of the Equipment manufacturer's warranty. We make no representations or warranties as to the performance of the Equipment except for those which are given by statute and which you cannot waive. We are not the manufacturer of the Equipment and we are not making any warranty or guarantee on behalf of the supplier, or the manufacturer of the Equipment, including whether the Equipment is suitable for you, except as provided above. EXCEPT AS EXPRESSLY SET OUT HEREIN, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 8. Limitation on Liability You understand and agree that (i) we will not be liable for any loss, damage, expenses, or injury of any type arising out of or related to this Rental Agreement or otherwise caused or contributed to in any way by the supply, installation, use and/or operation of the Equipment; (ii) except in the event of injury to person(s), we will not be responsible for any direct, indirect, incidental, special or consequential damages, even if reasonably foreseeable and if caused by us; and (iii) if we are unable to perform any of our commitments under this Rental Agreement because of circumstances or events beyond our control, we shall be excused from their performance until such time as we shall be able to perform and we shall not be liable for any such failure to perform or delay in performance.9. Indemnification You will indemnify and hold us harmless from any and all claims, losses, expenses, and costs that we may suffer or pay or may be required to pay, including legal expenses, in connection with or arising from this Rental Agreement or the supply, installation, use and/or operation of the Equipment, including any claims for any injury or death to individuals or damage to the Premises or other property, regardless of the cause, to the fullest extent permitted by law. This obligation survives the termination of this Rental Agreement for any reason. 10. Early Termination and Default You may not terminate this Rental Agreement before the end of the Original Term or Extension Month (as applicable), except as provided in Section 17, below. This Rental Agreement may be terminated by us at any time in the event of a Default (as defined below) by you. Upon termination of this Rental Agreement, (i) we may enter upon the Premises for the purposes of repossessing and removing the Equipment, and we will charge a $500.00 removal fee if this Rental Agreement is terminated during the Original Term; and (ii) all amounts owing hereunder are immediately due and payable and you will be deemed to be exercising your Buy-out Option as provided in Section 17 of this Rental Agreement . When you no longer rent the Equipment, you will not be obligated to pay for the rental and we will not be obligated to supply replacement Equipment, unless we mutually agree at the time pursuant to a new agreement. Each of the following will be an event of default by you ("Default"): (A) If any bankruptcy, insolvency or receivership proceedings are commenced with respect to you; and/or (B) If you breach any provision of, or fail to perform any of your obligations under this Rental Agreement, including but not limited to any failure to pay any amount when due or otherwise care for or maintain the Equipment. At any time while there is a Default, we may terminate this Rental Agreement and/or pursue any other remedies we may have at law. In the event the Equipment is equipped with a device that allows us to access it remotely, either now or in the future, you agree that we may use that remote access to enforce our rights under this Agreement including, but not limited to, remotely disabling the Equipment. 11. Assignment We may transfer, assign, encumber or otherwise dispose of all or any part of our interest in this Rental Agreement and/or the Equipment to another party at any time without notice to you and without your permission. To the extent permitted by law, you will not assert against any transferee any claims, defenses, set-offs, deductions or counter-claims which you may now or in the future be entitled to assert against us. Except as otherwise provided in this Rental Agreement, you may not transfer, assign or encumber all or part of your interest in this Rental Agreement or the Equipment without our prior written consent (see Section 6 (Sale of Your Home)). 12. Invalidity of Provision/Severability If any provision of this Rental Agreement or the application thereof to any person or circumstance is held to be invalid or unenforceable, such provision shall be severed and the remainder of this Rental Agreement shall continue to remain in full force and effect subject to such modifications as may be necessary to carry out the provisions and intent of this Rental Agreement. 13. Governing Law This Rental Agreement shall be governed by the laws of the State where the property on which the Equipment is installed is located (without giving effect to internal principles of conflict of laws). 14. Entire Agreement and Amendments You understand that this Rental Agreement, together with any attachments, exhibits, and/or addendums, is the entire agreement between you and us and supersedes all prior agreements, understandings or discussions, whether oral or written, and there are no warranties, representations or other agreements except as specifically set out in this Rental Agreement. This Rental Agreement may be amended from time to time by us by notice in bill inserts, by letter or by any method permitted by law. 15. Notices All notices and other communications required or permitted under this Rental Agreement shall be properly given by the sending party when made in writing and: (i) delivered by a reputable courier service requiring signature for receipt; (ii) mailed by certified or registered first-class mail, postage prepaid, with a return receipt requested; (iii) sent by fax as evidenced by a printed confirmation from the sending party's fax machine; or (iv) emailed, in each case to your address on the first page of this Rental Agreement or to Service Experts [CENTER ADDRESS] or such other address notified by the other party in writing from time to time. The parties agree that any faxes or emailed document shall be deemed an original document, however all notices of arbitration must be sent according to (1) or (2) in the preceding sentence. 16. Mandatory Arbitration of Disputes Any dispute, disagreement or claim between you and Service Experts arising out of or in connection with this Rental Agreement, or the Equipment, which cannot be amicably resolved by the parties shall be submitted to final and binding arbitration in a location that is a convenient distance from the Premises for you, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (the "AAA Consumer Rules"), administered by the American Arbitration Association except as otherwise provided in this Section. This agreement to arbitrate is governed by the Federal Arbitration Act. While a dispute, disagreement or claim is being resolved under this Section, both parties shall continue to perform their obligations under this Rental Agreement. YOU AND SERVICE EXPERTS AGREE THAT BY ENTERING INTO THIS RENTAL AGREEMENT, YOU AND SERVICE EXPERTS ARE WAIVING THE RIGHT TO SUE IN COURT AND WAIVING THE RIGHT TO A JURY TRIAL. IN ADDITION, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY IN ITS INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. OTHER RIGHTS THAT YOU OR SERVICE EXPERTS WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. The parties agree that the award of the arbitration (the "Arbitration Award"): (i) shall be conclusive, final, and binding upon the parties; and (ii) shall be the sole and exclusive remedy between the parties regarding any and all claims and counterclaims presented to the arbitrator. The judgment on the Arbitration Award may be entered in any appropriate court as necessary to pursue judgment. The Arbitration Award shall be based exclusively on the provisions of this Rental Agreement. In addition, in the case of any conflict between the provisions of the AAA Consumer Rules and the provisions of this Rental Agreement, the provisions of this Rental Agreement shall govern. Prior to filing a demand for arbitration, a party must first give the other party at least fifteen (15) days' prior written notice of its intent to file the demand. All notices to be given in connection with the arbitration shall be as provided in Section 15 (i) or (ii). Demand for arbitration must be filed within one (1) year after the event giving rise to the arbitration demand. If the complaining party fails to file the demand for arbitration within that time, the claim shall be deemed to be waived and shall be barred from either arbitration or litigation. If you provide a reasonable explanation why your claim is not frivolous and why you cannot afford to pay the arbitration filing fee in your written notice, we will pay the filing fee for you. The Arbitration Award shall be made and shall be payable free of any tax or any other deduction. The Arbitration Award shall include interest, at a rate determined as appropriate by the arbitrator, as of the date of the breach or other violation of this Rental Agreement to the date of the Arbitration Award. In the event you are the prevailing party in any such arbitration, and the amount you are awarded is greater than any demand you submitted at least fifteen days prior to filing the demand for arbitration, you shall be awarded your costs of the arbitration, including reasonable attorneys' fees and court costs, in addition to the Arbitration Award. In the event of any breach by a party of this Rental Agreement which would cause any non-breaching party to be irreparably harmed or for which such non-breaching party could not be made whole by monetary damages, then in such circumstances, such non-breaching party, in addition to any other remedy to which it may be entitled at law or in equity, shall be entitled to equitable relief, including injunctive relief and specific performance, in any action instituted in a court of applicable jurisdiction. 17. Your Buy-out Option You may not terminate this Agreement except as provided below. You may purchase the Equipment at any time during the Original Term or Extension Month ("buy-out option" or "purchase option"). During the Original Term and/or Extension Month, you may not purchase less than all of the Equipment. You may exercise your purchase option by notifying us in writing or by calling toll free 1-866-397-3787. If you are interested in exercising this purchase option, the calculation is based on the chart below. The purchase price ("buy-out price" or "purchase price") calculation can also be found on our website at www.ServiceExperts.com. The purchase price is based on, among other things, the unpaid cost of the Equipment and related installation, finance, service and maintenance costs. Rental HVAC Buy-out Schedule Age of Equipment Buy-out Price 0 to less than 1 year old 100% 1 to less than 2 years old 98% 2 to less than 3 years old 96% 3 to less than 4 years old 92% 4 to less than 5 years old 89% 5 to less than 6 years old 86% 6 to less than 7 years old 83% 7 to less than 8 years old 79% 8 to less than 9 years old 74% 9 to less than 10 years old 68% 10 to less than 11 years old 61% 11 to less than 12 years old 53% 12 to less than 13 years old 43% 13 to less than 14 years old 31% 14 to less than 15 years old 15% 15+ years old 5% If you choose to exercise the purchase option during an Extension Month the purchase price can be determined by calling toll free 1-866-397-3787. When you exercise your purchase option you accept the Equipment in "as-is" condition, subject to the balance of any transferable manufacturer's warranty, and you assume responsibility for the Equipment and its repair and maintenance. You also agree to pay the purchase price, plus any applicable taxes, when invoiced by us. Once we receive payment of the purchase price, this Rental Agreement will terminate and you will have no further obligation to pay rent and we will have no further obligation to you. 18. Security Interest - Protecting Our Rights to the Equipment To protect our rights to the Equipment, we may register a notice of security or ownership of the Equipment as we deem appropriate, including a notice on title to the Premises. You agree to sign and give us any documents or guarantees we need to preserve our rights to the Equipment and protect us against any claims to it. 19. Your SignatureBy signing this Rental Agreement, you represent that are both (a) at least eighteen (18) years of age and (b) an individual citizen or resident of the United States and that you have all needed authorization to sign. 20. Notice of Right to Cancel You may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction, unless a different time period applies under state law. See the included notice of cancellation form for an explanation of this right. 21. Title Search Service Experts expressly reserves the right, prior to or during any term of the Lease to perform a title search on the Premises. If anyone who has signed this Rental Agreement is not found on the title of the Premises, Service Experts will provide an amended Rental Agreement reflecting only those signatories found on the title of the Premises. Home Owner and Lessee Exhibit A State-Specific Addendum: New York1. PROPERTY RESTRICTIONS Service Experts is not responsible for conformance with property restrictions. It is the responsibility of the Lessee/Owner to ensure that the terms, conditions, and provisions of this Rental Agreement comply with any homeowners' association declarations, by-laws, rules or regulations, and any deed restrictions, covenants or other restrictions of record affecting the property. 2. INSURANCE Unless exempt from such requirements, the installer agrees to give you a copy of a "Certificate of Workers' Compensation Insurance" before beginning work. Information on exemptions from holding workers' compensation insurance and related filings can be found at: http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/requestExemptionOverview.jsp 3. NOTICES RELATING TO HOME IMPROVEMENT CONTRACTS Because you are leasing the Equipment set forth in this Rental Agreement, it should not be considered a home improvement contract under New York law. To the extent that it might nevertheless be so considered, we are providing you with certain notices required for such contracts. 3.1 Mechanic's Liens The contractor or subcontractor who performs on the contract or the materialman who provides home improvement goods or services and is not paid may have a claim against the owner which may be enforced against the property in accordance with the applicable lien laws. Any contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to your home improvement contract and who is not paid may have a valid legal claim against your property known as a mechanic's lien. Any mechanic's lien filed against your property may be discharged. Payment of the agreed-upon price under the home improvement contract prior to filing of a mechanic's lien may invalidate such lien. The owner may contact an attorney to determine his or her rights to discharge a mechanic's lien. 3.2 Cancellation In addition to any other right to revoke you may have under law, you may cancel this Lease at any time before midnight of the third business day after the day on which you signed it. Cancellation must be done IN WRITING, by delivering the Notice of Cancellation to Service Experts in accordance with the notice provisions set forth in this Rental Agreement. Cancellation occurs when the written Notice of Cancellation is given to Service Experts or put in the mail with proper 3.3 Installation Information 4. RATES NOT USURIOUS In no event shall Service Experts directly or indirectly, charge, take or receive any money, goods or other things as interest under this Rental Agreement at a rate exceeding the maximum rate set forth in New York General Obligations Law §5-501. 5. LIMITATIONS OF LIABILITY The provisions of this Rental Agreement concerning limitations of liability for injuries to person or property are intended to apply only to the extent that those provisions do not conflict with New York General Obligations Law § 5-323, which provides: Every covenant, agreement or understanding in or in connection with or collateral to any contract or agreement affecting real property made or entered into, whereby or whereunder a contractor exempts himself from liability for injuries to person or property caused by or resulting from the negligence of such contractor, his agent, servants or employees, as a result of work performed or services rendered in connection with the construction, maintenance and repair of real property or its appurtenances, shall be deemed to be void as against public policy and wholly unenforceable. ©2017, Service Experts LLC, Service Experts Heating & Air Conditioning name, logo and design are registered and/or common law or licensed trademarks of Service Experts LLC and SE Canada Inc.


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Distributed by the www.ArabAmericanNewsWire.com
Sunday, December 30, 2012
Michigan Accident Attorney Joumana Kayrouz and Lebanese Officials announce plans to build Eye Center
Distributed by the www.ArabAmericanNewsWire.com
Michigan Accident Attorney Joumana Kayrouz and Lebanese Officials
announce plans to build Eye Center
Detroit – Prominent Michigan Accident attorney Joumana Kayrouz and leaders of the Government of Lebanon agreed to build an eye center in Southern Lebanon that will provide health care services to disabled individuals facing eye loss and sight issues.
Kayrouz also announced that as a way to give back to her country she will open a charitable donor's fund in Lebanon called The Joumana Kayrouz and Daughters Foundation, to also honor her daughters Stephanie and Nathalie Shamma.
The announcements came during an 6-day tour of Lebanon where Kayrouz was invited to lecture to over 400 students, professors and politicians at Beirut Arab University (BAU) about her personal success and achievements in the United States, and on the role women in Lebanon can play in strengthening society.
During the tour, Kayrouz met with Randa Berri, the Second Lady of Lebanon and the wife of the Speaker of the House Nabih Berri. Also the head of the Lebanese Welfare Association for the Handicapped, Randa Berri and Joumana Kayrouz discussed their mutual concern for the plight of disabled victims, especially children.
"Randa Berri and I spent about 8 hours discussing the concerns we share to help people in Lebanon, especially those marginalized by Lebanese society and the Lebanese government. I was beyond being moved by her commitment, activism, and her ability to overcome challenges over the years to bring support to people in need," said Kayrouz.
"We seemed to share so much and I immediately identified with her commitment to those who need help."
Kayrouz was led on a tour of the disability center by Berri and saw firsthand the ongoing needs, including helping people to walk and also speak for the first time in their lives among many other circumstances. So moved by what she saw, Kayrouz immediately donated $50,000 to Berri's center.
The visit concluded with an intimate, private dinner with Berri at her and Speaker Nabih Berri's home, where they discussed the need for the eye center. Berri immediately announced the eye center would be inaugurated in the name of Joumana Kayrouz. Berri asked Kayrouz to accept an invitation to travel to Southern Lebanon to officially open its doors when completed.
Kayrouz said the Second lady of Lebanon reminisced that while she was pregnant she would deliver food and much needed supplies to people in need in Southern Lebanon during the dangerous times.
"She shared with me how bombs were exploding behind her as she was driving but she believed that God would get her through it safely because she was doing His work," said Kayrouz, who stressed that Berri was an activist long before she became the wife of a Lebanese politician.
During the trip, Kayrouz met with several high government and political leaders and gave multiple TV interviews. She also attended the inauguration of a lecture hall at BAU and was honored to offer the first lecture.
Kayrouz said she spoke with many students at the BAU about the challenges they face and one that really impressed her was the concern many of the young women had about overcoming societal limits on the role of women.
"I told them about my story overcoming the obstacles that many women face in struggling to be successful in a still male-dominated society in America and they connected immediately," Kayrouz said.
"Afterwards, the students spoke about the lack of scholarships for their education and how difficult it is for women to find jobs and break through the glass ceiling that holds women down in Arab society. They said Arab women often only rise to power when they are in partnership with prominent male figures in their lives, like a father, husband, or brother but that rising independently on their own merits is difficult."
Kayrouz said a part-time security guard at the University explained how she was holding down two other jobs just trying to survive, but wanted desperately to get a college education to advance her career.
After speaking with the woman, Kayrouz said she decided to fund her entire education for four years at the BAU.
"I told the students when I spoke that sometimes, you can't take on everything but that you could make a difference in the world by helping someone," Kayrouz said.
"Mother Theresa once said 'Never worry about numbers. Help one person at a time and always start with the person nearest you.' I believe that instead of being discouraged by the challenges, that we begin by helping someone. I told them I was Grateful to God that He has so blessed me that I am able to help some others like this student."
For more information visit www.JoumanaKayrouz.com.
Posted by Ray Hanania at 2:18 PM
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subset: commoncrawl


text:
VANCOUVER, WA — The Nautilus Institute, formed in March by Nautilus Inc. to research fitness and educate the public, is launching its $10 million research program by looking at cardiovascular workouts and stretching before exercise. The efforts are part of the company's category growth initiative and an effort to offer its customers with sound research that will help them adopt lifelong fitness habits, said Ron Arp, spokesperson for the company.
The Nautilus Institute commissioned the Sports Performance Clinic at the University of California at Davis to perform research that would lead to a more complete understanding of the appropriateness and functionality of various cardiovascular exercise machines.
The institute also will develop and present industry guidance on the appropriateness of vigorous stretching before exercise.
"There's a lot of confusion about stretching," Arp said. "Some say stretch vigorously and others say not at all. We want to bring to the public a prevailing point of view that is research backed."
The Nautilus Institute also will evaluate knowledge regarding the merits of achieving optimal weight and body health through proper nutrition, exercise or both.
"It sounds simplistic, but you'd be surprised how much confusion is out there," Arp said. "[There's an] idea that women can starve and walk themselves to great health and men can lift themselves to great health. But proper strength, cardio and nutrition as well as rest are necessary for good health."
Arp said that the institute could become its own entity someday or could fuel an industry-wide initiative. In the meantime, he said that Nautilus felt an obligation to step up and lead the way in educating the public.


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Rachel Zoe Spring 2012: Backstage Beauty
Sexy, Bedhead Braids at Rachel Zoe
Sexy, Bedhead Braids at Rachel Zoe
For her Spring 2012 presentation, Rachel Zoe, along with Frédéric Fekkai stylist Didier Malige, chose to feature sexy, next-day bedroom hair, taking inspiration from Brigitte Bardot. Think: a morning-after texture that has just the right amount of sultriness. To try the look yourself, start by spritzing on Fekkai Coiff Bouffant Lifting and Texturizing Spray Gel to the roots of next-day hair. Use your fingers while blow-drying to bring out any natural wave you may have. When done, refine some of the wave by using two different-sized curling irons in random sections throughout the hair.
For a down look, braid a few loose braids just underneath the surface of the top layer, stopping about two inches before the ends. For a pulled-back version, loosely braid a ponytail beginning at the nape, allowing most of the ponytail to hang free. Leave a few tendrils out, and finish off with a few spritzes of the brand's Sheer Hold hair spray. Then, all you'll have to do is fight 'em off with a stick.


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Parking in Bachelors Walk for a birthday dinner in Uno's Italian Restaurant, I realised that there was another 45 minutes before the parking restrictions would end and the Traffic
Wardens Attendants would go off duty.
Putting money into the nearby parking meter - it's marked #23 if DRD, Roads Service or NCP Services are reading - I suddenly noticed that the expiry time wasn't incrementing towards 6pm.
Instead, it thought the time was already the next morning ... no answer from the phone number marked on the ticket machine and the tickets. It just rang and rang and rang. No answering machine. Pity that NCP don't man their office to match the ticketing times.
You can catch a quick review of Uno's on Lookaly.
Update - turns out that if you overpay - which is inevitable as you pay in 15 minute increments, once the time goes beyond the 6pm cut off, the ticket and machine roll over and display the time that charging starts the next morning.


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2009-2011 Ashton M. Compton
Ashton Compton was appointed in 2009 by Governor Palin. She is a junior pursuing a Political Science major and a minor in Paralegal Studies at the University of Alaska Fairbanks. Regent Compton has worked as Student Organization program assistant for the UAF Leadership Program since 2008. She has also worked as a Legislative Page and Assistant Sergeant-at-Arms for the Alaska State Legislature from 2005-2007. Regent Compton is a UA Scholar and a member of the National Society of Collegiate Scholars and the Golden Key International Honor Society. Additionally she is a volunteer with the Fairbanks Red Cross, Habitat for Humanity, Alternative Spring Break, ASUAF, the UAF Volunteer Program and is Co-Founder and President of the Red Cross Club of UAF.


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You are here
Lose 10 Pounds Diet: 400-Calorie Lunch Recipes
Peter Ardito
Wilted Spinach Salad
In a saucepan, cook 1 slice applewood-smoked bacon; reserve fat. Crumble bacon and set aside. To the saucepan with bacon fat, add 2 tablespoons olive oil; 2 tablespoons chopped onion; 1 garlic clove, minced; 1 teaspoon mustard; 1 tablespoon cider vinegar; and 1/4 cup balsamic vinegar. Whisk over low heat until combined; keep warm. Toss 2 cups baby spinach with 2 quartered hard-boiled eggs, 1/4 cup diced tomato, 2 tablespoons chopped mushroom, and 2 tablespoons shredded carrot. Top with bacon crumbles and drizzle with 2 tablespoons warm bacon dressing. Serve with 1/2 cup pomegranate juice mixed with 1/2 cup club soda.
Peter Ardito
Spicy Shrimp Noodle Salad
Cook 1/3 cup cellophane noodles or angel-hair pasta. With 1 minute cooking time remaining, add 1/4 cup each julienned red bell pepper, julienned carrot, and sugar snap peas. Remove noodles and vegetables from pot; set pasta aside and rinse vegetables with cold water. Add 3 ounces peeled shrimp to pot; simmer 3 minutes, drain. Whisk together 1 teaspoon peanut butter, 2 tablespoons rice vinegar, 1 teaspoon brown sugar, juice of 1/2 lime, 1 teaspoon sesame oil, and a dash each red pepper flakes and sea salt. Toss noodles, vegetables, and shrimp with 1/4 cup sprouts and 1 tablespoon each chopped scallion and chopped cilantro. Drizzle with dressing.
Peter Ardito
Smoked Turkey Sandwich with Chipotle Mayo
Blend together 1/4 cup mayonnaise with 1 tablespoon each cilantro, chopped scallion, chipotle chilies in adobo, and lime juice. Spread 1/2 tablespoon chipotle mayo on 2 slices whole-grain bread. Top 1 slice with 3 ounces smoked turkey, 1 slice cheddar cheese, 4 slices cucumber, and 1 cup shredded romaine lettuce; top with remaining bread slice.
Peter Ardito
Veggie Burger Rice and Beans
Cook 1 veggie burger according to package directions; cut into bite-size pieces and set aside. Add 1 tablespoon minced onion, 1/2 teaspoon cumin, 1/4 teaspoon chili powder, and 1/4 teaspoon salt to low-sodium chicken stock and use it in place of water to cook 1/4 cup brown rice according to package directions. Mix cooked rice with 1/4 cup canned black beans, rinsed and drained, and 1/4 cup thawed frozen corn. Top with chopped veggie burger, 1 tablespoon diced avocado, and 3 tablespoons salsa.
Peter Ardito
Chunky Vegetable Salad with Lemon-Cumin Vinaigrette
Mix together 1/3 cup chickpeas, rinsed and drained; 1/3 cup kidney beans, rinsed and drained; 1/4 cup shredded carrot; 1/4 cup chopped jicama; 1/4 cup chopped apple; 1/4 cup sliced red bell pepper; 1 tablespoon sliced celery; 1/4 cup chopped cucumber; and 1 tablespoon pumpkin seeds. Whisk together juice of 1/2 lemon, 2 teaspoons olive oil, 1 tablespoon red wine vinegar, 1 teaspoon ground cumin, and a pinch each sugar and salt; drizzle over salad. Serve with 1/2 cup pineapple, cut into bite-size pieces.
Peter Ardito
Cream of Mushroom Soup
Saute one small onion, finely chopped, and 2 garlic cloves, minced, in 2 tablespoons olive oil. Add one 16-ounce package sliced mushrooms and cook over medium heat 10 minutes. Add 2 tablespoons balsamic vinegar, 1 tablespoon Worcestershire sauce, and 1/4 cup barley; cook 2 minutes. Add 6 cups low-sodium chicken stock and bring to a boil; reduce heat and simmer 20 to 30 minutes or until barley is cooked. Whisk together 1/4 cup whole wheat flour and 1 cup 1% milk. Add to soup, along with 2 cups diced cooked chicken; simmer 2 minutes. Top with freshly chopped parsley. Makes 4 servings. Serve with 6 small whole wheat crackers.
Peter Ardito
Waldorf Salad Wrap
Mix together 1/2 Red Delicious apple, cut into bite-size pieces; 1 celery stalk, chopped; 1 tablespoon raisins; 5 walnuts, chopped; 1/4 cup shredded carrot; 1 ounce cooked chicken breast; and 1 tablespoon poppy seed dressing. Spoon onto an 8-inch whole-grain wrap and roll up.
Originally published in FITNESS magazine, January 2011.
Peter Ardito
Get More Diet-Friendly Recipes
Get more recipes from the Lose 10 Pounds diet plan here:


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| May 1, 2013, 5:25 pm
Got lawn? Got gas mower? Then you've got pollution, gas, oil, and … kind of a pain in the lungs and other body parts. Gas lawn mowers, says the Regional Air Quality Council, are responsible for a tenth of Denver's ozone precursors.
If you've always wanted to go electric, but the price was daunting, you'll want to get in on the annual Denver "Mow Down Pollution" event May 11 at Dick's Sporting Goods Park in Commerce City. But: There are limited quantities of these discounted electric lawn mowers and they go quickly, so you've got to move it, move it, to get one.


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So, the Sneak-a-Peak instructs readers to choose a sturdy, flat surface like a kitchen counter or table, but does it count if we did it on the bathroom counter? At a friend's friend's apartment? During a party?
Here's a quick recap of what went down:
10:30 p.m. Arrive at party. Have a drink.
11:00 p.m. Finish second drink and go to kitchen to get another. D. is there in the middle of a group of people, telling some story and they are all cracking up. God, I love this boy. He puts his arm around me and pulls me into the group. Love love love him.
11:15 p.m. Finish third drink and tell D. I'm going to the bathroom and he should come. Don't fully realize what I'm doing until we are standing next to the toilet, D.'s back against a towel bar.
11:20 p.m. Underwear down. Skirt up.
11:21 p.m. I'm on the sink counter, my butt hanging off the edge, propping myself up on my elbows, which are on either side of the sink.
The rest is kind of blurry thanks to the three strong cocktails, but I remember it being pretty sexy. It's sort of a mix between missionary (because I was able to wrap my legs around him and our faces were close) and up-against-a-wall sex (because the guy is standing). The most important thing is to make sure you choose a surface that hits him just below junk-level. The sink counter was a bit too high and D. told me after that we'd have to try it on a lower table or counter next time since he was standing on his toes while thrusting, which got tiring.) Luckily, he didn't have to maintain that position for long. We both finished in record time. Nothing like a little fear of being caught to turn up the heat.
We rejoined the party and I don't think anyone suspected us. When we left a few hours later, I made sure to give a big Thanks for the great party! to the guy whose bathroom we used.


text: To ALL: Anyone can view our finances. Go to the website and click on "About AMSAT". Then go to Corporate Documents and click on Financial Documents. There you will find the 2006 Audited Statement and Income Tax form. To save money, we start our audit after tax season. The firm of Berlin, Ramos & Co. is in the process of conducting the 2007 Audit. As soon as it is available, it will be posted. Our member count is 3978. All you need to do is ask! On Wed, Jun 18, 2008 at 4:06 PM, Dave Guimont <dguimon1 at san.rr.com> wrote: > > Luc, > > I agree with you and Stephan 100%... > > Right along with the proposal and launch of AO-51 things changed > radically....A number of us objected, wanted the money applied to at > least a LEO with bandwidth, cw/ssb, and at that time got the only > answer that the purpose of an FM voice bird was to increase membership... > > I've since asked how much good that did...and never got an answer. > Why is our membership total a secret? I suspect it has gone > down. What is the state of our finances? Are we (AMSAT-NA) on the > verge of collapse?? > > Will any board member come up with the answer?? > > I will not donate anything to some "secret society".... > > I've been a member of Project Oscar since its existence, my wife, > Leanore, KA6UCD, was the editor of our "OSCAR LETTER" for many years, > and I became a member of AMSAT-NA from its existence. I've operated > every hamsat that has been launched since Oscar 7...I have over a > dozen AMSAT awards hanging on my wall, and one of the first 2 > operators to attain the W4AMI 5000 verified contacts award (mailed in > 6000 at the time), and have since accumulated thousands of others. > > We've attended almost every convention since their inception (NOT the > last 9 or so)...We did the jewelry contest for 8 years, to interest > the wives who were not amateurs... > > Now when I put AMSAT-NA down as becoming THIRD WORLD I've had some > experience.... > > Any answers, board???? > > > >as an "silent" observer of AMSAT since year 2000 i always ask myself > >how the every same candidates can have new and genuine thoughts and > >ideas when they are coming on the board election after election? > >Could be if they can tell us what where their goals and what they achieved > >in their past mandate some of us can make a bit of sense of this whole > affair? > > > >Here is some questions who can be interesting to see answered > > > >What is the state of construction of eagle? > >What are the plans regarding the launch? > >Who will be the launcher? > >If money is missing somewhere how much is needed to have a launch? > >If resources are short here in North America Is AMSAT-DL is facing > >the same issues? > >If there is a world-wide shortage in funding is it not logical to > >try to regroup all the available funds to at least be able to achieved a > >launch before a new centennial membership class is implemented? > >If one university was looking for projects is AMSAT-NA is ready to > >send them a wish list? or do they prefer to remain in the HAM WORLD > >only business waiting for the charming Prince? > > > >If those who wants to be elected on the board prefer to warmed up > >their chair instead of answering the above mentioned questions it will be > >a fair and valid reason to remain on the board but it will be nice > >having them confirming this know fact. In case where our assumptions > >where found not exactly representing the reality, this pre election > >period will be a good opportunity to bring correction to our bad > >reality evaluation. > > > >This always said on a very positive tone. > > > > 73, Dave, WB6LLO > dguimon1 at san.rr.com > > Disagree: I learn.... > > Pulling for P3E... > > _______________________________________________ > Sent via AMSAT-BB at amsat.org. Opinions expressed are those of the author. > Not an AMSAT-NA member? Join now to support the amateur satellite program! > Subscription settings: http://amsat.org/mailman/listinfo/amsat-bb > -- 73- Martha


text:
About Us
AiRace Speed
Written by
Russell Archey
on 10/21/2013 for 3DS
More On:
AiRace Speed
Admittedly when I first played AiRace Speed I began to wonder why it was called AiRace when you're not racing against anything…okay maybe you can say you're racing against time, but when I think of racing I think of racing against other people or AI opponents. Well, I have no experience with the prior games in the series and didn't even know they existed until I did some research on the side, but it does make sense in a way. The first game, AiRace Tunnel, was more like a side game or DLC as it consisted of several stages in which you basically flew through tunnels while trying to get the best time, or in a couple cases the farthest distance. The next game, just called AiRace, was more like a traditional racing game where you raced against opponents as opposed to just flying through a tunnel in a Time Trial-like setting. So what's this game going to be like? Well, let's find out.
AiRace Speed is more akin to the first game in the series, AiRace Tunnel. The goal of most of the eighteen tracks is to get from start to finish in the shortest amount of time possible. The tracks begin as pretty straight forward with only a couple of obstacles in your way here and there, but the later tracks get trickier. While the first couple of tracks only have one or two laps, most of the others will have three laps to complete. A couple of tracks are more like endurance runs through an endless tunnel filled with obstacles where you have "stages" to complete after every few miles you fly without crashing. If you crash in the normal tracks you'll go back to the previous checkpoint and can proceed, whereas in the endurance tracks a crash will take you back to the start of the stage and you'll lose a life. You only have three lives in the endurance runs so you'll have to take things a little slower until you know the layout of the level.
Completing a stage fast enough can earn you a bronze, silver, or gold medal. In a lot of games, these can symbolize your ranking on that track or make you want to keep trying the track to achieve a faster time. Here though they serve as a way to unlock later tracks. It's common in this game that you must complete a track to unlock the next at all, but there's more to it than that. In the early stages, a bronze star is required to open the following stage, and early on this is rather simple. To earn a bronze star on the first couple tracks, all you have to do is complete the track. After that, you'll have to actually get through the tracks in a certain amount of time to even earn a bronze star. Once you get past the first set of six tracks, things get harder. Now you'll have to work on getting silver stars to unlock tracks, as each track requires a certain number of silver stars to unlock. The final three tracks will require gold stars to unlock, which really becomes a test of skill.
There are two ways you can control your ships: the buttons and the stylus. If you're using the buttons you'll use the circle pad or D-pad to steer the ship. Between the two, the circle pad is the better option as you can easily steer the ship as little or as much as you want. As for stylus controls, they take some real getting used to, but it pretty much makes for a whole new experience. You'll have free range of movement so to speak, but it feels kind of sluggish. For me it felt like using the circle pad but never moving it too far away from the center, making my movements slow. As with any game it's best to use whatever you're comfortable with. If you can get used to the stylus controls, more power to you. As for me, I feel like they could have tightened them up a bit.
The tracks themselves, as mentioned earlier, start out simple but get progressively harder as the game goes on. The first few aren't that bad as you'll just have to navigate some sharp turns and a few barriers here and there. If you're having some trouble getting through the first three courses, definitely stick with them until you can at least get a silver star on each. That will prepare you for what's to come. The later tracks will have a lot of sharp turns to navigate, obstacles to avoid, narrow spaces to pass through, and even multiple paths you can take. While you have nitro and brake buttons, be leery about going through a new course full speed ahead. Remember how I mentioned that if you crash on the normal tracks you just go back to the last checkpoint? Well, there's another penalty. Every crash will dock you three seconds off your final time when you do manage to clear the course. A few crashes may not be that bad, but they will add up over time and one crash can make the difference between a silver and gold star. It's also worth noting that scraping along the walls, floor, or ceiling will cause damage to your ship, too much of which will destroy it which is just as bad as crashing.
When it comes to replayability, there's a lot here to enjoy. Unlike other games I've reviewed you can't just complete a track to unlock the next one (save for the first couple of tracks). You have to actually play each track over and over again to know the layout of where everything is. Also, get used to flying through stages using your nitro, at least once you've played the stage a few times. If it's your first time through a stage, fly through normally or with the brakes on now and then to get a feel of the layout and where everything is. Once you're comfortable enough, hit the nitro and see how fast you can fly through. You'll have to eventually to get times high enough for silver and gold stars. You can also earn some achievements just for fun for various things such as going through an entire track without crashing or using nitro for a certain length of time.
That's all there is to it. At first I honestly started thinking "this is it?", but the more I played it the more into it I got. Five dollars isn't too bad for a game that just about amounts to DLC or a mini-game of sorts, but it also leads me to wonder if the 3DS will get a full-fledged AiRace game like the DSi received. While sadly you don't race anyone in this game, human or AI, there are online leaderboards where you can see how you rank against other player. The 3D effects I couldn't keep turned on for more than a few seconds. It may sound nice to have obstacles flying at your face, but I don't think I've ever had a 3DS game hurt my eyes that much with the 3DS turned on in that short of a time span. While there doesn't seem to be much to the game, the difficulty will ensure that you don't just breeze through it. Hopefully this will mean we get an actual sequel to AiRace on the DSi that's a full-fledged racer, but for what this is, it is pretty fun, just frustrating at times.
AiRace Speed may not seem like much, but for $4.99 the difficulty curve ensures you're not just breezing through the game. Some of the turns seem incredibly sharp and will put your maneuvering skills to the test, but overall AiRace Speed is a fairly fun game. Just keep the 3D turned off.
Rating: 8 Good
* The product in this article was sent to us by the developer/company.
About Author
I began my lifelong love of gaming at an early age with my parent's Atari 2600. Living in the small town that I did arcades were pretty much non-existent so I had to settle for the less than stellar ports on the Atari 2600, but for a young kid my age it was the perfect past time, giving me something to do before Boy Scout meetings, after school, whenever I had the time and my parents weren't watching anything on TV. I recall seeing Super Mario Bros. played on the NES at that young age and it was something I really wanted. Come Christmas of 1988 (if I recall) Santa brought the family an NES with Super Mario Bros./Duck Hunt and I've been hooked ever since.
Over 25 years from the first time I picked up an Atari joystick and I'm more hooked on gaming than I ever have been. If you name a system, classics to moderns, there's a good chance I've not only played it, but own it. My collection of systems spans multiple decades, from the Odyssey 2, Atari 2600, and Colecovision, to the NES, Sega Genesis, and Panasonic 3DO, to more modern systems such as the Xbox and Wii, and multiple systems in between as well as multiple handhelds. As much as I consider myself a gamer I'm also a game collector. I love collecting the older systems not only to collect but to play (I even own and still play a Virtual Boy from time to time). I hope to bring those multiple decades of gaming experience to my time here at Gaming Nexus in some fashion.
In my spare time I like to write computer programs using VB.NET (currently learning C# as well) as well as create review videos and other gaming projects over on YouTube. I know it does seem like I have a lot on my plate now with the addition of Gaming Nexus to my gaming portfolio, but that's one more challenge I'm willing to overcome.
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LONDON (Reuters) - Standard Chartered (STAN.L) (2888.HK) notched up a tenth successive rise in annual profit, with a 1 percent gain that was capped by the bank's big fine for breaking U.S. sanctions on Iran and rising regulatory costs.
London-listed Standard Chartered, which has benefited from Asia's boom through the last decade, said new regulations including tougher liquidity and capital rules and a UK bank tax were costing it "well north" of $500 million a year, and could be near $800 million.
Many banks have said extra global regulations, brought in to make them safer after the 2008 financial crisis, are hurting profitability and could restrict their lending. But few have quantified the impact on their bottom line.
A European Union proposal to cap bankers' bonuses at double their salary was also a worry, the bank said.
"We are concerned about it because we are a global bank and 97 percent of our staff are outside the EU and we're concerned about our ability to be competitive in attracting and retaining talent," Chief Executive Peter Sands said.
Asked if it could prompt the bank to leave London, he said it was "too early to draw conclusions on what action we would take as we don't know what we are dealing with."
Standard Chartered said it had cut its 2012 bonus pool by 7 percent from a year before to $1.43 billion, after it was fined $667 million by U.S. regulators for breaching sanctions related to Iran and three other countries.
Sands said his bonus would fall 10 percent to $3.15 million.
The Iran-related fine was a rare blip after a decade of growth and few problems for Standard Chartered. It was accused of moving millions of dollars through the American banking system on behalf of customers in sanctioned countries.
The bank reported pretax profit of $6.9 billion for 2012, up from $6.8 billion in 2011 but just short of an average forecast from analysts of $7 billion. It said it had started the year well and had "a firm grip" on risk, costs and investment.
Its shares rose 2.8 percent by 0246 GMT, outperforming a 1.9 percent rise in the European bank index .SX7P.
"Given the events of the past year it's quite a feat to deliver a good set of boring results," said Simon Maughan, analyst at Olivetree Securities. "It has put itself back on the steady outperformer track ... they are back in their comfort zone and get a premium valuation for that."
Standard Chartered, led by former McKinsey consultant Sands for more than six years, added 2,200 staff in 2012 and has said it could expand by a similar amount this year, although it plans to keep any cost increase below its rise in income.
Its return on equity improved to 12.8 percent last year from 12.2 percent, but is still short of its medium-term target of 15 percent.
Regulation costs included a $174 million UK bank levy, which it expects to rise to near $290 million this year. Holding extra capital and stricter rules on how risk-weightings are calculated cost $200 million or more.
The bank is most concerned about tougher rules on liquidity, which Britain has introduced far before overseas rivals. "We like being liquid, but the quantum of liquidity we now hold and also the restrictions over the nature of what we can invest it in, we would estimate as approaching $300 million of cost," Finance Director Richard Meddings said.
The bank's income in Malaysia, China and Indonesia grew by more than 10 percent last year and it rose 10 percent in Hong Kong, its biggest market, mirroring the strong performance there by its rival HSBC (HSBA.L) on Monday.
Profit in India, one of its biggest markets, fell 16 percent as the economy slowed and its currency weakened.
In Africa, profit jumped 23 percent to $771 million and the bank said it is setting up a full subsidiary in Angola, the first international bank to do so.
Angola is Africa's largest oil producer after Nigeria and increasingly a target for international firms given its mineral wealth and fast growth.
Additional reporting by David Dolan; Editing by Erica Billingham


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European Commission - Press release
Delivering on growth and jobs: Commission presents 2011 country-specific recommendations
Brussels, 7 June 2011 – The Commission has adopted 27 sets of country-specific recommendations – plus one for the euro area as a whole – to help Member States gear up their economic and social policies to deliver on growth, jobs and public finances.
Earlier this year, Member States and the Commission agreed on 10 key priorities to face the current crisis while paving the way for a more sustainable economy. As situations vary from one country to another, the Commission is today recommending targeted measures for each Member State. This should help each country to focus on strategic levers in the next 12 to 18 months, and thus boost EU economy as a whole.
The EU economy is at a critical juncture. The recovery is gaining ground, but it is very uneven across the continent – and many uncertainties remain," said President José Manuel Barroso. "Member States agreed in March an important set of commitments for the next 12 to 18 months. They must now make sure that they all implement these in a tailored way at national level. With today's country-specific recommendations, which are targeted and measurable, the Commission gives Member States its assessment of their national plans. We know that achieving the goals we have collectively set ourselves means sometimes hard choices. But these efforts, if made seriously and by all, will allow Europe to leave the crisis behind it and safeguard our future prosperity."
These sets of recommendations are part of the European Semester, whereby – for the first time this year – Member States and the Commission have been coordinating their economic and budgetary policies. Once priorities agreed at EU level, Member States presented their nationals programmes which the Commission has now fully assessed through these tailored, targeted and measurable recommendations.
Overall, Member States have sought to reflect the agreed EU priorities in their programmes and their macroeconomic assumptions are broadly realistic. However, national programmes often lack ambition and specificity. Many Member States need to be more ambitious on fiscal consolidation, while maintaining growth-enhancing measures (research and innovation, business environment, competition in the services sector). On labour markets, more efforts are needed to increase labour-force participation, combat structural unemployment, reduce youth unemployment and early school-leaving and ensure wages reflect productivity.
The adoption of the country-specific recommendations marks the penultimate step in the six-month period of intensive economic policy coordination between the EU and Member States labelled the European Semester. This kicks off in January when the Commission presents its Annual Growth Survey, which sets out the economic policy priorities for the EU for the coming year. These priorities are endorsed by Heads of State and Government at the March European Council. In April-May, Member States submit Stability or Convergence Programmes (on public finances) and National Reform Programmes (on structural reforms and growth-enhancing measures), to which the country-specific recommendations are the Commission's response. Commitments made by the 23 Member States participating in the Euro+ Pact have also been assessed by the Commission as part of this process and are included in its recommendations.
The recommendations are designed to be implemented by Member States within a 12-18 month timeframe. They call for the front-loading of measures that will drive forward progress towards the goals contained in the EU's long-term economic strategy, Europe 2020, with its ambitious EU-wide and national targets EU-wide to be achieved by the end of this decade in the areas of jobs, innovation, education, energy and social inclusion.
The recommendations provide an EU input into national policy-making. Member States remain responsible for designing their economic policies and drawing up their national budgets. But there is today a broad recognition of our mutual interdependence in the EU in general and in the euro area in particular. That is why Member States have signed up to the common set of economic priorities for the EU, which Member States are committed to implementing at national level.
The recommendations will be endorsed by Heads of State and Government, reflecting the collective economic governance of the EU and the fact that the EU is a single economic space, much more than the sum of 27 separate economies. In taking forward this first European Semester the EU is recognising its economic interdependence and giving collective guidance to each Member State on its future budget, economic and social policies.
Each set of recommendations is based on an in-depth analysis of the economic situation in each Member State, set out in the Staff Working Papers also published today. Macroeconomic assumptions have been assessed against the Commission's own Spring Forecasts. National measures listed in the programmes have been scrutinised to see whether they provide an adequate response to the specific challenges faced.
Next steps
The recommendations will be debated and endorsed by the European Council on 23-24 June, after discussion in the ECOFIN and EPSCO Councils. Implementation will be monitored over the course of the coming year by the Commission and by Member States through a rigorous and ongoing peer-review process. The Commission will assess progress at EU level in its next Annual Growth Survey in January 2012 and for each Member State in its next set of country-specific recommendations in June 2012.
Further information
FAQs MEMO/11/382
MEMO/11/364: Europe's new economic governance
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Tarix Pharmaceuticals Enrolls First Patient in Phase 2 Clinical Study of TXA127 Following Autologous Peripheral Blood Stem Cell Transplant
Feb 23, 2011, 04:51 ET
CAMBRIDGE, Mass., Feb. 23, 2011 /PRNewswire/ -- Tarix Pharmaceuticals (www.tarixpharma.com) today announced enrollment of the first patient in a Phase 2 clinical study of TXA127, a pharmaceutical grade formulation of a naturally occurring peptide known to stimulate early hematopoietic precursor cells in the bone marrow. The study is currently enrolling patients undergoing autologous peripheral blood stem cell transplant to evaluate the safety and efficacy of TXA127 in accelerating engraftment following transplant.
Following a stem cell transplant, it can typically take several weeks for the stem cells to repopulate the patient's blood with platelets and other mature blood cells. During this time the patient is at increased risk of serious infection and bleeding. There are currently no drugs available that speed up the engraftment process.
"TXA127 has the potential to reduce the time it takes for blood cell counts to return to safe levels following stem cell transplant, which may accelerate the recovery process and reduce some of the health risks associated with stem cell transplant," stated Rick Franklin, CEO of Tarix Pharmaceuticals. "TXA127 is unique because it directly stimulates transplanted stem cells to replenish circulating platelets, white blood cells, and red blood cells."
TXA127 was granted Orphan Drug designation from the U.S. Food and Drug Administration (FDA) as a treatment to enhance engraftment in patients receiving a stem cell transplant. TXA127 has also received Orphan Drug designation for the treatment of Myelodysplastic Syndrome (MDS).
About the Phase 2 Program
The double-blind, placebo-controlled multi-center Phase 2 study will evaluate the safety and efficacy of TXA127 in the acceleration of engraftment following autologous peripheral blood stem cell transplant in patients with Hodgkin or non-Hodgkin lymphomas or multiple myeloma undergoing limited reinfusion of CD34+ cells. The study is expected to enroll a total of 74 patients at eight leading U.S. medical centers. For more information, please visit http://clinicaltrials.gov/ct2/show/NCT01121120?term=tarix&rank=2.
TXA127 will also be evaluated in two clinical trials in cord blood transplantation. One conducted at M D Anderson will involve adult patients, while the other at Duke University, will enroll pediatric patients.
About Tarix Pharmaceuticals
Tarix Pharmaceuticals is a clinical stage biopharmaceutical company developing peptide drugs to address significant unmet medical needs. The Company's lead product, TXA127, is a pharmaceutical formulation of the naturally occurring peptide, Angiotensin (1-7). TXA127 is currently in a Phase II clinical trial for the treatment and prevention of thrombocytopenia (reduced platelet count) associated with cancer chemotherapy, and a Phase II trial for peripheral blood stem cell engraftment. Tarix is preparing additional clinical trials with TXA127 in acute respiratory distress syndrome (ARDS), cord blood stem cell engraftment, and myelodysplastic syndrome (MDS). TXA127 is also being developed, under grants from the US government, as a treatment for radiation exposure.
Tarix's second product, PanCyte, is a synthetic, long-acting analogue of Angiotensin (1-7). PanCyte is in pre-clinical development focused on chemotherapy-induced thrombocytopenia and neutropenia, as well as combination treatment with low dose erythropoietin in chemotherapy-induced anemia.
SOURCE Tarix Pharmaceuticals


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Courtesy of Business Insider
President Barack Obama and hopeful Mitt Romney are battling in a new, sophisticated medium that their predecessors never had to consider: They are fighting to dominate social media.
First seen in the 2008 election, both candidates are now leveraging Facebook, Tumblr, Twitter, and Instagram to attract the millennial vote and create a groundswell of excitement around their campaigns.
We took a side-by-side look at how the candidates stack up when it comes to their social media presence — both based on numbers and content.
Who's behind the campaigns?
President Obama brought back Teddy Goff, 27, as his Digital Director. Located in Chicago, Goff handled the President's 2008 successful social media efforts. Prior to his post with Obama, he was the Associate Vice President for Strategy at Blue State Digital in New York City. Although Obama's campaign builds on its already existing platform and followers, it has gotten to the next level. It blends creative messaging, frequent contests, and compelling images to interact with its audience.
Romney hired Zac Moffatt, 33, to run his social media efforts out of Boston. While the entire campaign focuses on building a presidential brand out of Romney, Moffatt is also responsible for building a social media infrastructure for the Republican candidate from the ground up.