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Effective Date: July 28, 2017
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
Introduction and Overview
- Service Content, Ownership, Limited License, and Rights of Others
- Content. The Service contains a variety of: (i) materials and other items relating to BW and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of BW (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
- Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by BW and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of BW or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. BW owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
- Limited License to BizWorld Products and Other Content. The BizWorld Products are made available upon purchase for use as follows: pursuant to pricing and other terms provided on the Service, BW grants you a limited, non-exclusive, revocable, non-assignable and non-transferrable license to download, display, view, use, play and/or print the BizWorld Products (1) solely for educational use and in primary or secondary education classroom settings, and (2) provided that such use is provided or made available to students at no additional charge (e.g., you do not charge students separately for participating in a BizWorld program using the BizWorld Products) either on a standalone basis or as it may be combined with other products and services sold for a fee. For all other Content not so purchased under license for you as set forth above, subject to your strict compliance with these Terms, BW grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in BW’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content.
- Content You Submit and Usage Rules
- User-Generated Content.
(i) General. BW may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively “User-Generated Content”). BW may allow you to do this through your Profile Page (defined below), contact us tools, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
In your communications with BW, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, BW retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.
(iii) License to BW of Your User-Generated Content. You hereby grant to BW, and you agree to grant to BW, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so.
(iv) Exclusive Right to Manage Our Service. BW may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and BW may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere.
(v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant BW the rights to it that you are granting by these Terms, all without any BW obligation to obtain consent of any third party and without creating any obligation or liability of BW; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to BW’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules), or cause injury or harm to any person.
(vi) Enforcement. BW has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at BW’s cost and expense, to which you hereby consent and irrevocably appoint BW as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
- Usage Rules. As a user of the Service, these Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Service.
(i) Nature of Rules. Your participation in the Service is subject to all of the Terms, including these Rules:
- Your User-Generated Content. All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears or is referred to in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to BW.
- Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
- Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
- Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity (other than promotions of BizWorld Products as expressly permitted or requested by BW), or a politician, public servant, or law.
- Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
- Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
- Others Can See. We hope that you will use the Service to exchange information and content and have venue appropriate discussions with other members. However, please remember that User-Generated Content that you submit on the Service may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on the Service and take care when disclosing this type of information to others.
- Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by BW.
- Don’t Damage the Service or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.
If you submit User-Generated Content that BW reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Service.
(ii) Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
- Service and Content Use Restrictions
- Service Use Restrictions. You agree that you will not: (i) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to BW; (ii) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (iii) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, BW, or other users of the Service; (iv) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content; (v) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such users); (vi) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (vii) otherwise violate these Terms.
- Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of BW or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
- Availability of Service and Content. BW may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in BW’s sole discretion, and without advance notice or liability.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
- Profiles. Your Profile Page may not include any form of prohibited User-Generated Content. Without limiting the foregoing, Profile Pages may not include content that you are attempting to sell through the Service, and cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests or other promotions absent our prior written consent. We may offer you the ability to set preferences relating to your profile or Service activities, but settings may not become effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability for users’ Profile material.
- Procedure For Alleging Copyright Infringement
- DMCA Notice. BW will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
(iv) your full name, address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
BW will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:
By Mail: 555 12th Street Oakland, CA 94607
By E-Mail: support@BizWorld.org
By Facsimile: 415-863-2072
It is often difficult to determine if your copyright has been infringed. BW may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and BW may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. Without limiting BW’s other rights, BW may, in appropriate circumstances, terminate a repeat infringer’s access to the Service.
- Counter-Notification. If access on the Service to a work that you submitted to BW is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: “DMCA Counter-Notification”;
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Service from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, e-mail address, and the username of your account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
- Procedure For Alleging Infringement of Other Intellectual Property
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the addresses set forth above that includes all of the following:
(a) a legend or subject line that says: “Intellectual Property Infringement Notice”;
(b) a description of the intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
(d) your full name, address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
(g) your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to BW with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
- Notices, Questions
You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address by updating your Profile Settings. All legal notices to us must be sent to BizWorld.org, 555 12th Street, Oakland California 94607.
If you have a question regarding using the Service, you may contact BW Customer Support by sending an e-mail to us at support@BizWorld.org or calling us at (888) 424-9543. You acknowledge that the provision of customer support is at BW’s sole discretion and that we have no obligation to provide you with customer support of any kind.
- Third-Party Sites; Advertisements; Dealings with Third Parties
- Third-Party Content and Sites; Advertisements. The Service may contain third party plug-ins and/or applications, and/or links to third-party websites that are not owned, controlled or operated by BW, and the Service may also include links to third-party ads on the Service or otherwise, to or from third-party websites (collectively, “Third-Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with BW. BW may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and BW does not assume any obligation to review any Third-Party Sites. BW does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, BW is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites. Finally, BW will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. BW disclaims all liability in connection therewith.
- Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like).
- Wireless Features
- Wireless Features. The Service may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
- Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify BW of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes.
- Dispute Resolution
Certain portions of this Section 10 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and BW agree that we intend that this Section 10 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 10 can only be amended by mutual agreement.
- First – Try To Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User-Generated Content, these Terms whether heretofore or hereafter arising (collectively, “Dispute”), or to any of BW’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 10.D), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 10.A. Your notice to us must be sent to: 555 12th Street Oakland, CA 94607. For a period of sixty (60) days from the date of receipt of notice from the other party, BW and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or BW to resolve the Dispute or Excluded Dispute on terms with respect to which you and BW, in each of our sole discretion, are not comfortable.
- Forums For Alternative Dispute Resolution
(i) Arbitration. If we cannot resolve a Dispute as set forth in Section 10.A within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section 10.B. If we cannot resolve an Excluded Dispute as set forth in Section 10.A within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and BW consent, in a writing signed by you and an Officer or legal representative of BW, to have that Excluded Dispute subject to arbitration. In such a case, (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 10.B.
Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If The arbitrator will apply applicable law and the provisions of these Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and BW do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 10.B(i), then this paragraph and the remainder of this Section 10.B will not apply to the Excluded Dispute.
If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of BW consent to in writing. The substantive practice area requirements for the arbitrator set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.
(ii) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require BW to pay a greater portion or all of such fees and costs in order for this Section 10 to be enforceable, then BW will have the right to elect to pay the fees and costs and proceed to arbitration, or to decline to do so and have the matter resolved through the courts. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
- Limited Time To File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 10.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
- Injunctive Relief. The foregoing provisions of this Section 10 will not apply to any legal action taken by BW to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User-Generated Content and/or BW’s intellectual property rights, BW’s operations, and/or BW’s products or services.
- Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 10.G.
- No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 10.B(i) holds that this restriction is unconscionable or unenforceable, then our agreement in Section 10.B to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 10.G.
- Federal and State Courts in Boston. Except to the extent that arbitration is required in Section 10.B, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in San Francisco, California. Accordingly, you and BW consent to the exclusive personal jurisdiction and venue of such courts for such matters.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, The BizWorld Foundation, Inc. and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “BW Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Service (including the Content and the User-Generated Content); (b) the functions, features, or any other elements on, or made accessible through, the Service; (c) any products, services, or instructions offered or referenced at or linked through the Service; (d) security associated with the transmission of your User-Generated Content transmitted to BW or via the Service; (e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable; (g)whether any defects to or errors on the Service will be repaired or corrected; (h) whether your access to the Service will be uninterrupted; (i) whether the Service will be available at any particular time or location; and (j) whether your use of the Service is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A BW PARTY, BW PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
- LIMITATIONS OF OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY BW PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to: (a) the Service (including the Content and the User-Generated Content); (b) your use of or inability to use the Service, or the performance of the Service; (c) any action taken in connection with an investigation by BW Parties or law enforcement authorities regarding your access to or use of the Service; (d) any action taken in connection with copyright or other intellectual property owners or other rights owners; (e) any errors or omissions in the Service’s technical operation; or (f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if BW Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
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- Waiver of Injunctive or Other Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY BW (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF BW.
- General Provisions
- Applicable Law. These Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the state of California without regard to its conflicts of law provisions.
- Indemnity. You agree to, and you hereby, defend, indemnify, and hold BW Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any BW Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) BW Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by BW Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, BW Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. BW Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a BW Party.
- Operation of Service; Availability of Products and Services; International Issues. BW controls and operates the Service from its U.S.-based offices in the U.S.A., and BW makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
- Export Controls. Software related to or made available by the Service may be subject to export controls of the U.S.A. No software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) – (iii) above.
- Severability; Interpretation. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that pro


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The promotional trailer for the Dog Surfing Competition near San Francisco at Linda Mar Beach in Pacifica, www.SurfDogSeries.com
Puppyhood. Surfing dogs in California competition. MUSIC CALIFORNIA TV Series Promotional Trailer 30 Seconds. SURFING DOGS ★ Word's Best Surfer Dogs (HD) [Funny Pets]. Man's Best Friend Hanging Ten At Surfing Competition In Pacifica. World Dog Surfing Championships 2017 PSA. 2016 Unleashed by Petco DOG SURFING Competition. Surf's up at annual dog surfing day in Huntington Beach. US surfing dogs - 09/2016. California dogs ride the waves in surf competition. Dog Surfing at Linda Mar Beach - Pacifica California. Surfing dog teaches disabled kids to surf! World Dog Surfing Championship Kicks Off In California. The World's Only Dog Surfing Competition. Dogs ride the waves at a California dog surfing competition.

domain: sports


The SHAD Top Master fitting allows mounting a top case onto the motorcycle. It is a fitting specifically designed for each motorcycle model, taking into account its features. The result is a high quality product, comfortable, safe, and easy to assemble and disassemble.
Once you have the top master Ref: S0HD39ST on your bike you can install any of our top cases.
Compatible with small (D1B29PA), medium (D1B40PA) and big (D1B591PA) mounting plates, valid for all SHAD and SHAD TERRA top cases.
ATTENTION: top fitting not compatible with aluminium mounting plate.


Khalid & Victoria Monet
OVERALL RATING (⭐⭐)
Khalid looks like he could be DJ Akademik’s brother.
I f**king love funky-ass R&B music! When done right, there’s nothing like a good melody mixed with a beat that does everything in its power to make you dance. “Experience” is the latest funky-ass R&B song you should pay close attention to.
“Experience” sounds like it could be a sixth remix to Doja Cat’s “Say So” hit. Throughout the song, you get glowy vocals, a lively beat, and lyrics that are beyond juicy. Though I like what Khalid and Victoria Monet tried to do on the song, unfortunately, they did not execute their plan well.
Usually, you cannot go wrong with funky music, but “Experience” is an anomaly.
Quincy is the creator of Ratings Game Music. He loves writing about music, taking long walks on beaches, and spaghetti that fights him back.


Former acting FBI Director Andrew McCabe outlined on Sunday the reasons top officials decided to open a counterintelligence probe and obstruction of justice investigation into President Donald Trump.
In an interview with CBS’ Scott Pelley on “60 Minutes,” McCabe said Trump had been speaking in a “derogatory way” about the Russia investigation for weeks, which they viewed as an attempt to “publicly undermine the investigation.” He said officials were concerned by the President’s “own words.”
McCabe said officials looked at the following events:
- Trump asked former FBI Director James Comey to drop the investigation into former national security adviser Michael Flynn.
- Trump asked Deputy Attorney General Rod Rosenstein to “include Russia” in a memo the President requested outlining reasons to fire Comey (which Rosenstein did not do).
- Trump fired Comey.
- Trump made public comments linking his firing of Comey to the Russia investigation on NBC.
- Trump met in the Oval Office with Russian officials where Trump reportedly said that firing Comey relieved “great pressure.”
When asked if Rosenstein was on aboard with opening the investigations into Trump, McCabe told Pelley, “absolutely.”
McCabe’s description of concerns closely track that of former FBI general counsel James Baker, who told congressional investigators last year that FBI officials were contemplating, with regard to Russia, whether Trump was “acting at the behest of and somehow following directions, somehow executing their will.”
“That was one extreme. The other extreme is that the President is completely innocent, and we discussed that too,” Baker told House investigators last year. “There’s a range of things this could possibly be. We need to investigate, because we don’t know whether, you know, the worst-case scenario is possibly true or the President is totally innocent and we need to get this thing over with — and so he can move forward with his agenda.”
Even after the investigation was launched, McCabe said the President continued to praise Russia, and described an instance where Trump said he trusted Russian President Vladimir Putin in blatant contradiction with US intelligence.
McCabe told CBS that Trump didn’t believe North Korea had done a missile test because Putin told him the rogue regime didn’t have the capability or the missiles to carry out tests for missiles that could hit the US. McCabe said Trump said so during a White House intelligence briefing, which an FBI official who was present at the briefing relayed to McCabe.
“Intelligence officials in the briefing responded that that was not consistent with any of the intelligence our government possesses, to which the President replied, ‘I don’t care. I believe Putin,’” McCabe said.
McCabe said when he heard the President had said that, he thought it was “just an astounding thing to say. To spend that time and effort and energy and that we all do in the intelligence community to produce products that will help decision-makers – and the ultimate decision-maker, the President of the United States – make policy decisions. And to be confronted with an absolute disbelief in those efforts and an unwillingness to learn the true state of affairs that he has to deal with every day was just shocking.”
The Washington Post first reported this anecdote from its inclusion in McCabe’s book, “The Threat: How the FBI Protects America in the Age of Terror and Trump,” where it quoted Trump dismissing the launch during a July 2017 briefing as a “hoax.”
When asked earlier in the week for comment about Trump’s North Korea comments, the White House did not respond.
Press secretary Sarah Sanders did generally blast McCabe’s book in a prepared statement, saying: “Andrew McCabe was fired in total disgrace from the FBI because he had lied to investigators on multiple occasions, including under oath. His selfish and destructive agenda drove him to open a completely basis investigation into the President.”
“His actions were so shameful,” Sanders continued, “that he was referred to federal prosecutors. Andrew McCabe has no credibility and is an embarrassment to the men and women of the FBI and our great country.”
McCabe was fired by then-Attorney General Jeff Sessions in March following an inspector general report that concluded he misled investigators about his role in directing other officials at the FBI to speak to The Wall Street Journal about his involvement in a public corruption investigation into the Clinton Foundation.
“There’s absolutely no reason for anyone and certainly not for me to misrepresent what happened. So no. Did I ever intentionally mislead the people I spoke to? I did not. I had no reason to. And I did not,” McCabe said on “60 Minutes” Sunday.
The Justice Department’s watchdog has referred his findings on McCabe to the US Attorney’s office in Washington for possible criminal charges. The case remains under investigation.
CNN’s Kevin Bohn and Kate Sullivan contributed to this report.


A combination of experience and continuous innovation yields quality, reliability and precision. That is why our platinum group metal (pgm) wires are used in critical applications such as airbag initiators, gas sensors and turbine blade casting. And our range of wires can be manufactured to meet the exact needs of your application.
All wires are available in straight lengths, cut pins or on a wide range of spools. Precise hardness, tensile properties, elongations or resistances can be supplied according to required specifications.
Typical metals and alloys:
- Platinum (up to 99.998%)
- Palladium (up to 99.99%)
- Gold (up to 99.9985%)
- 5-30% rhodium/platinum
- 5-30% iridium/platinum
- Platinum/zirconia (ZGS platinum)
- 10% rhodium/platinum/zirconia
- Silver/palladium (various alloys)
Our wire can be engineered to your desired thickness, with typical diameters of:
- 0.15-12.5mm (0.006-0.5") for rhodium and iridium
- 0.01-12.5mm (0.0004-0.5”) for most alloys
We're expert manufacturers of ultrafine wire (0.01-0.025mm diameter), with tightly controlled diameter and typical tolerances of ±3%. It's used in sensors and to trigger airbags, essential to ensuring people's safety. So we work to the highest standards, ensuring a high level of process control and consistent quality.
And with its conductivity, high melting point, chemical inertness and extremely stable electrical properties, it's an exceptional Resistance Thermometer Detector (RTD). We can tailor make ingots for ultrafine alpha platinum wire to specific requirements through batch selection and careful doping. We supply wire with temperature coefficient of resistance (alpha value) of 0.003800-0.003925, with a tight tolerance up to ±3ppm. Commonly required wires for resistance thermometry include alpha values of:
- 0.003850 for the industry standard for most sensors outside the USA and Japan. Typical wire diameter is 0.018mm.
- 0.003900, originally specified for the British Aircraft Industry.
- 0.003916 for accepted standard in the USA and Japan.
- Greater than 0.003925 for high precision resistance thermometer detector using very pure platinum wire. Typical wire diameter is 0.07mm.
For gas sensing, we typically supply the following sizes:
- 0.025mm to measure 220ohm/m resistance (±3%)
- 0.015mm to measure 600ohm/m resistance (±5%)
- 0.0125mm to measure 865ohm/m resistance (±5%)
- 0.010mm to measure 1347ohm/m resistance (±5%)
As well as our pure and alloyed wire, we make Regalohm wire available to the following specific resistance in micro ohm cm:
- Regalohm 62 - 8% tungsten platinum
- Regalohm 42 - 40% silver palladium
- Regalohm 41 - 10% ruthenium platinum
- Regalohm 32 - 20% iridium platinum
- Regalohm 31 - 5% ruthenium, 15% rhodium platinum
- Regalohm 25 - 10% iridium platinum
- Regalohm 19 - 10% rhodium platinum
- Regalohm 11 - 20% palladium silver
- Regalohm 6 - 10% palladium silver
Zirconia grain stabilised (ZGS) wire
We offer ZGS platinum or 10% rhodium platinum wire. Dispersing zirconia particles into the metal considerably improves the performance by:
- Slowing down the degradation, extending the operating life
- Increasing its mechanical strength and durability
- Dramatically increasing resistance to grain growth, contamination and deformation.
Wire storage guidance
Following our advice for storing your wire correctly will ensure its optimum performance. This will prevent any problems when using it, such as poor performance and breakages when using or removing the wire from the reel. The following tips will minimise any potential problems:
- Store the reels in the cases supplied in the 'rolling position' to ensure the layers of wire do not tangle.
- Store the wire on the reels it was supplied on, with any supporting bands remaining on the wire until it is used, and replaced if needed.
- Store the wire at a constant temperature and do not subject it to extreme variations, as this will lead to thermal expansion, causing the wire to loosen and slip on the reel. If the wire is stored in a cold environment, we recommend the reels are brought to the working temperature at least 24 hours before use to allow the tension of the wire on the reel to adjust.
- If a reel is part used, take care to ensure the end is correctly and securely tied off. Wire should never be tied up under another wrap of wire as this will cause tangling on future use.
- Reels should not be stacked on each other; this avoids contact between the wire and the flange of another reel.
- Store the reels in a clean environment, preferably in a dry atmosphere to prevent sticking during unwinding.
Full details with example images are available in several languages:


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Over the boldness of my first office mani, I thought I’d try a much more demure purple for the third week here. This is Ladylike, from Essie! I love the neutral opacity and ever so slight tinge of brownish lilac.
Yes, it’s true–I’ve never ever gotten a manicure at a salon until last night. I went to Madison’s Rejuvenation Spa and had a great experience! My package came with a lotioned hand massage, cuticle soak and trim, nail cut and buff, base coat + OPI color + top coat + spray dry. This place gives you the bottle of OPI color, nail filer and buffing block, which is really nice!
I’ve been to this spa 3 times now and even my time in their waiting areas have been great! There are plenty of chocolate pieces, lemon waters, trail mix and dried fruits. The OPI collection lacks a lot of fun colors–no pastels or greens/blues. There are a million dfferents shades of reds and browns to choose from though! I chose this warm eggplant purple because I still want to give this hue a good try. My Julep experience was just a doozy.
I would say that a regular Salon manicure is pretty much the same as what I would do at home. I have all the materials for a DIY pro-looking mani–just invest in rich, opaque colors, build up a collection and you’re good to go! I even add a sugar hand scrub sometimes to really smooth my hands. However, this won’t be my last visit to Rejuvenation Spa before I move out of Madison. There is still the pedicure adventure I have yet to treat myself to!
I tried out this Julep brand partly just because of the packaging, partly because I only had to pay for the shipping.
I usually don’t like dark nail polishes so I only own 2 deep blues and that’s about it. I wanted to challenge myself and try something witchy and bold for this cold weather season. This color is deepest plum and the Julep name is Padma. The box printed all sorts of claims, like hexagonal coverage, breathable nails and green coffee beans? Anyways, my take on it is that the formula is way too thick. The brush is a weird, chunky shape and length making application really messy (even for steady hands like mine). The color is also even darker than from what I see in the bottle which is disappointing because now I just have goth black nails like a teenager :(. The only okay part about this overly expensive nail polish is the coverage–I painted 2 coats but you really only need one with this hue and this brand.

domain: hobby


Welsh hospital death rates investigation call
Persistently high death rates in Welsh hospitals should be investigated, the medical director of the English NHS has suggested to his Welsh counterpart.
Sir Bruce Keogh said data on rates in six Welsh hospitals was worrying but not adequate to "form a view".
He called for an inquiry in an email sent in November, now released under the Freedom of Information Act.
The Welsh government ruled out an inquiry and said data for England and Wales cannot be compared.
In the e-mail, Sir Bruce told his NHS Wales equivalent Dr Chris Jones: "I cannot vouch for the veracity of these data but they are worrying.
"Given that they represent a potential diagnostic delay and may underpin some of the mortality concerns, it would seem sensible to investigate."
The e-mail comes amid heightened tensions between the governments in London and Cardiff Bay over the performance of the Welsh NHS.
Prime Minister David Cameron has repeatedly criticised the performance of the Welsh NHS and the Labour administration in Cardiff Bay during Prime Minister's Questions.
Statistics published last year by the Welsh government showed 11 out of 17 district general hospitals in Wales had higher death rates than should be expected.
Officials described the findings as a "fire alarm" but they warned that there were major problems with the way the data was collected.
The Welsh NHS has faced problems recently with key targets for A&E missed since 2009, ambulance response time targets hit once since May 2012 and a rise in people waiting more than nine months for their first hospital appointment.
A Welsh government spokesperson said: "The NHS in Wales is open, transparent and has a higher level of scrutiny than any other part of the UK.
"Mortality rates in Wales are published on a quarterly basis and latest figures demonstrate clear improvement.
"If issues are identified, we work quickly to put them right and we do not hesitate to investigate as needed."
The spokesman said that Sir Bruce had admitted in his e-mail "that there is insufficient data to conclude that an investigation should be carried out into any Welsh hospital".
"Moreover, Sir Bruce acknowledges that even where data did exist, he cannot vouch for its accuracy. The points raised by Sir Bruce were discussed with him at a meeting with Dr Chris Jones on December 10th," said the Welsh government.
"The UK Government Statistical Service has also made it clear that comparisons on A&E waiting times and mortality rates cannot be made between England and Wales. Both sets of data are calculated differently."
Welsh hospitals with persistently high death rates were brought to the attention of Sir Bruce by Cynon Valley MP Ann Clwyd last year.
She is advising Mr Cameron on how the NHS in England handles complaints.
In the email to Mr Jones, Sir Bruce said the statistics were worrying and offered assistance with an investigation, having recently held such an inquiry into 14 hospitals in England.
He said: "There are six hospitals with a persistently high mortality which warrant investigating. I do not have adequate data to form a view."
But it has been reported that no reply was received from the Welsh government.
The statistics are part of a drive to make the NHS more transparent in the wake of the Stafford Hospital scandal.
Neglect and abuse at Stafford Hospital led to hundreds of unnecessary deaths between 2005 and 2008 and prompted a public inquiry.
Welsh Conservative leader, Andrew RT Davies AM, said: "The concerns raised in this e-mail confirm our serious worries over standards of care in the NHS.
"Professor Keogh's recommendation of 'investigation' into mortality rates should be immediately undertaken and no longer ignored."


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Rossford will again host the Rossford Walleye Roundup with Bass Pro Shops on May 3-4, 2019. Northwest Ohio hosts plenty of events for everyone 12 months a year! Stay in Rossford and you're just 10 minutes from many of the area's leading attractions and events!
Check the calendar for a listing of the major festivals and events during your visit to NW Ohio.
Stroll The Street
June 26, 2019 - October 09, 2019Downtown Rossford
From June 26th through October 9th – Dixie Highway, Rt. 65, in Downtown Rossford will be filled with fun on Wednesdays from 4 to 8 PM. Stroll the Street will feature a Farm Market, Musical and Art Entertainment, Food Trucks and more! It will span one side of the Downtown Boulevard from Ford Memorial Park, adjacent to IPS Corporate Headquarters, through the Downtown.
Art on the Mall
July 28, 2019University of Toledo 2801 West Bancroft Stree
More than 100 artists from all over the country showcase their artwork. This free, public art show offers an eclectic mix of work from our artists each year, including acrylic, glass, pen and ink, oil, mixed media, metals, photography, ceramics, textiles, watercolor, woodwork, jewelry and more. Each of the artist's booths has artwork available for sale. Art on the Mall offers a Young Artist Area for budding artists to try their hand at creating their own masterpiece, a Music Tent featuring jazz throughout the day, a Beer Garden, and a Food Court.
Wild About Art
August 03, 2019 - August 04, 2019Two Hippo Way
Feel the roar, feel the rush at Wild about Art at the Toledo Zoo! This unique, two-day art fair set in the wild beauty of the #1 zoo in the nation, features 80 artists with various medium on display and sale for thousands of Zoo visitors. This event will also include entertainment, interactive activities and, of course, animals! Included with Zoo admission ANIMAL PAINTING DEMOS Each Day 10:30 a.m. Red Pandas, Primate Forest 11 a.m. African Elephants, Tembo Trail 11:30 a.m. Tamandua, Nature's Neighborhood 1:30 p.m. Penguins, Penguin Beach 2 p.m. African Elephants, Tembo Trail 2:30 p.m. Galapagos Tortoises, Reptile House 3 p.m. Lemurs, Primate Forest LIVE ENTERTAINMENT & DEMOS All day Kids' Art Zone, Nature's Neighborhood All day Chalk art demos with Ice Creations, Throughout the Art Fair 10:30 a.m. — noon Millenius String Quartet, Main Plaza Noon — 2 p.m. Origami demo, Main Plaza Noon — 3 p.m. Toledo School for the Arts (TSA) face painting & art party, Main Plaza Noon — 5 p.m. Toledo Museum of Art glass ﬂameworking demo, Main Plaza Saturday 12:30, 1:30, 2:30 p.m. TSA Pop Combo, Broadway Entrance Plaza Sunday 12:30, 1:30, 2:30 p.m. TSA Glass City Steel Drums, Broadway Entrance Plaza Each Day 3, 4 & 5 p.m. TSA Urban Jazz Collective, Main Plaza

domain: entertainment


The fog condenser technology was invented and developed by the synths at Acadia, particularly DiMA, who provided the condensers to the denizens of Far Harbor to protect them from the radioactive Fog. It is for this reason that the Children of Atom residing on the Island resent DiMA, since, to the Children of Atom the Fog is holy. DiMA states only he and Acadia can properly maintain them and without their assistance, the condensers would eventually fail and the fog would consume the island.
Fog condensers are tall beam-like structures that could be anywhere from 8–12 feet tall. On top of the wooden beams is placed a small blue light that appears to absorb the Fog. Under that is a tube that constantly drips a clear liquid into a small canister at the bottom of the structure. Condensed fog can be collected from this canister.
It is a device used on the Island and Far Harbor to remove the Fog from a small area proximate to the condenser. This keeps not only the fog at bay, but also the creatures of the Island. Without the condensers, the humans of Far Harbor would already have perished. In appearance, they look similar to a short lamp post emitting blue light.


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The enhanced aluminum mirrors of our SEA-VIS and SEA-NIR series are protected by reflection-enhancing, dielectric thin-film layers, which are coated on top of a metallic aluminum layer. These very thin overcoatings considerably increase the reflectance compared to bare or SiO2-protected aluminum mirrors and protect the aluminum coating from oxidation and scratching.
The coatings of the SEA-mirrors are vacuum deposited on a high-grade glass substrate material. Because the optically effective mirror surface is located directly on top of the glass substrate, our enhanced aluminum mirrors achieve an excellent imaging quality. A ghost image or a doubled laser beam, which both are inherent to the functional principle of backside coated mirrors, are completely avoided with our enhanced aluminum front surface mirror optics.
Both, the SEA-VIS and the SEA-NIR coatings show much better resistance to humidity and abrasion than silver mirrors. The SEA-VIS mirrors are economically priced optics, which have proven to be an ideal choice for projects that require a good optical reflectivity performance in the visible wavelength range and a high mechanical stability at reasonable cost. Hence, many high volume applications are based on the SEA-VIS coatings. The SEA-NIR mirror coatings have been optimized for applications using near infrared wavelengths. They also are a cost-effective alternative to gold metal mirrors in the NIR and IR spectrum. For ultraviolet and for broadband UV-VIS-IR applications, we designed our SEA-UV protected aluminum mirrors (separate data-sheet) which have a metallic aluminum layer and only a very thin protective SiO2 layer coated on top. The SEA-VIS and the SEA-NIR mirrors can be used as laser mirrors up to medium laser beam powers. Please contact us to check whether our standard SEA mirror coatings can be used with your laser without modifications.
We can manufacture all of our aluminum front surface mirrors at large dimensions. If required, the dielectric overcoating layers can be optimized and modified to enhance the reflectance of the metallic aluminum coating for special wavelengths. In case you need such a customized coating, please use our coating enquiry-form.
If you have further questions, additional information referring the SEA-VIS and SEA-NIR enhanced aluminum front surface mirrors is available on our "Frequently Asked Questions" (FAQ) web page. For technical support, please contact our engineers. We will be pleased to help you in development of individually designed enhanced aluminum mirror optics.
To rapidly receive a quotation for an individually sized standard SEA-VIS or SEA-NIR enhanced aluminium mirror optics, please use the buttons below:
You may be wondering why there is no shopping cart on our website. The typical delivery time for individually sized mirrors and many other optics is less than a week. This is also possible for larger quantities, as our company has specialised in the fast production of mirrors and optics with custom dimensions. Furthermore, we offer our new 48 h express service for a manufacturing and delivery of cutom-sized optics within only 2 working days. This is shorter than it ususally takes to simply receive a price quotation in the optics industry. And this is quicker than many retail companies can ship their catalog items with fixed dimensions. So a shopping cart is no advantage if you want a part that perfectly fits.
View Reflectance of the SEA-VIS & SEA-NIR
enhanced aluminum mirrors
SEA-VIS (visible range)
|SEA-VIS mirrors at customized thickness|
SEA-NIR (near infrared range)
|SEA-NIR mirrors at customized thickness|
All given details and properties are mean reference values and are not guaranteed. In addition, please consider our "Notes on technical specifications"

domain: chemistry


On 19 June, the Government approved a Revised Roadmap for Reopening Society and Business, with most activity now being moved to Phase 3, beginning on Monday, 29 June 2020.
The acceleration of the Roadmap has been made possible thanks to the progress made by the Irish people in suppressing the virus and in keeping transmission levels low.
As the country is reopened in a controlled and measured way, personal responsibility will be more important than ever. Physical distancing must be maintained to the greatest extent possible, for as much time as possible, to prevent the spread of infection.
Everyone is being asked to consider four things before making a decision about doing something and to evaluate the risk by using the acronym DATE:
Members of the public are advised to use a face covering (that is, a non-medical face covering) as an additional hygiene measure, when using public transport or when in enclosed indoor public areas such as retail outlets.
A new communications campaign launched this week encourages people to wear face coverings in these circumstances, and when visiting people vulnerable to COVID-19.


The Power of Electric Bike Libraries
- Date: 10/15/2021
Climate-friendly e-bikes are a key part of plans to decarbonize urban transportation. To speed adoption, more cities are offering lending programs…
Modeled after the widely used General Transit Feed Specification (GTFS), General Bikeshare Feed Specification (GBFS) defines a common format to share the real-time status of a shared mobility system. The purpose of a data specification is to enable the exchange of information between multiple parties in a way that ensures that all parties agree on what the information represents. You can think of it like a dictionary, where each term has a definition and a set of rules for how it can be used. The GBFS format allows mobility data to be used by a range of software applications for trip planning, research, analysis, visualization, and regulation. This publicly available data allows regulators, researchers, and community members to gain insights that have helped municipalities meet their goals. GBFS data is also used by trip planning applications to present shared mobility services to travelers.
Have more mobility news that we should be reading and sharing? Let us know! Reach out to Sage Kashner (firstname.lastname@example.org).


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Just one unique business that provides 10-20 per cent discounts toward buys on the online e-commerce large Amazon’s Site is Purse.io. The startup permits any person to acquire products off of Amazon working with bitcoin as being a medium of exchange and offers the person a reduction.
In April 2011, the US authorities raided the three hottest on the internet poker web sites running there, within an party known as 'Black Friday'. This experienced a chilling impact on online poker sites inside the region.
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Then you'll find the people in the middle who're open towards the strategy of cryptos and understand the worth behind the technology, but who also obtain it very difficult to assign a price to this product. I myself am On this final category; I’ve been viewing Bitcoin’s increase in amazement but I never ever got certain ample of it in an effort to trade it. I've nicely and definitely skipped this trade And that i take that. I Individually believe that blockchain technologies is in this article to stay and crypto-currencies could possibly be the way forward for revenue.
Scientists locate inside overall body excess weight sensing technique that operates like lavatory scales by registering body excess weight and Unwanted fat mass. It could usher in new anti-being overweight medicines.
The long run is bright next Wall Avenue's futures buying and selling embrace, but instruction is emerging like a critical hurdle forward.
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Zimmermann mentioned the cryptocurrency is behaving "technically," meaning "the collective swings in the market obey particular principles, but that does not preclude a bubble by any signifies."
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domain: finance


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The benefits of cannabis a variety of. Such as, it will help decrease the side effects of radiation treatment and various other treatments for tumors individuals. Additionally, it can guide any person handle the signs of Crohn’s disease, the most distressing ailments of the modern day period. A lot of specialists now are convinced that marijuana is likewise great at dealing with other emotional complications such as depression and stress and anxiety. But probably the very best-recognized benefit to marijuana is that it may help lessen the debilitating warning signs of several sclerosis.
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When a person has several sclerosis, they generally experience hurtful signs or symptoms for instance weakness, stiffness, shortage of co-ordination, and problems taking walks. These indicators come from soreness in your system. A person’s every day life is tremendously infected. Which is the effect. In recent years, we have witnessed numerous studies performed how cannabis works in cutting the results of swelling. What researchers discovered was that some stresses of cannabis covered a ingredient called Cannabidiol, and that is thought to be an all natural zero-inflammatory.
What exactly is appealing regarding this substance is that it is amongst the two main ingredients obtained in marijuana, one other simply being THC, or tetrahydrocannabinol. Some studies often signify that Cannabidiol, which is area of the THC team, is much more good at removing the pain from these kind of indicators in comparison to the other component, THC. Even so, the analysis failed to straight target how THC and Cannabidiol collaborate they rather looked only at the Cannabidiol. Since two components job in different ways, perhaps it is quite likely that they harmonize with the other and create greater effects.
The medical benefits associated with cannabis are particularly important in the matter of affected individuals that are suffering with serious medical ailments including numerous sclerosis, Crohn’s illness, and psoriasis. All 3 of the situations are characterized by a severe amount of soreness, which is tricky to management. Additionally, the constant suppression of suffering with narcotic pain-killers is really a top rated cause of dependence. By eliminating the discomfort as well as minimizing the volume of narcotics that needs to be considered, cannabis can give important reduction to sufferers who are required to rely on narcotic pain killers for every day applications.
In comparison to smoked marijuana, the health-related benefits of marijuana seem even more distinct. In truth, you will find some facts that reveals a decrease in selected signs of psychosis between those who find themselves often confronted with the psychoactive results THC. This might explain why more and more people who test cannabis have a record of mental disorders. One of the more popular side-connection between revealing oneself to a lot THC would be the fact a person turns into hooked on the Cannabidiol, which is certainly in fact resist-effective to treating the psychotic symptoms.
In comparison to the therapeutic great things about medical weed, in addition there are some signals that highly recommend the opportunity professional medical advantages of CBD, the substance which provides the “great” that individuals encounter when cigarette smoking or ingesting cannabis. The lack of toxicity creates CBD fairly less risky than THC, despite the fact that long lasting publicity can have harming has effects on on the establishing brains of kids. The fact is, the CBD is actually being used in certain conditions as opposed to prescription ADHD medications, which includes had exceptional results for youngsters troubled with the disorder.
As important as the potential benefits of marijuana are, additionally it is obvious it can have great benefits for people who endure continual pain. THC is effective in reducing the levels of long-term ache that particular encounters, even in cases where traditional drugs has failed to ameliorate the disease. One example is, a recent study conducted from the University or college of Glasgow revealed that elderly people who suffer from continual ache receive considerable health improvements from frequent cannabis use, inspite of having to acquire opiate medicines because of their continual soreness. Which means cannabis could be part of a feasible treatment selection for several affected individuals who would or else be unable to consider other choices.
When the therapeutic advantages of cannabis have grown to be a lot more well-known, there exists a increasing development in the direction of people using marijuana in an criminal way. Many ladies might find which they get started tobacco use cannabis as a means to get substantial. Nevertheless, this should never be regarded an approach to your substance or liquor dependence. The hazards related to cannabis use is often very significant including Lung other, Psoriasis, Many forms of cancer, Tumors and Dementia major unwanted effects. Keep in mind that working with cannabis is usually equally habit forming and unsafe it must simply be consumed for anybody who is confident you happen to be not making use of it so that you can get large!
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domain: medical


As of mid-June 2022, NEOWISE has completed 17 coverages of the full sky since the start of the Reactivation mission and is beginning the 18th. Approximately 1.3 million infrared measurements have been made of 41,021 different solar system objects, including 1,389 NEOs and 249 comets.
The NEOWISE project has completed reprocessing all primary mission data to extend the search for asteroids and comets to fainter limits, and to take advantage of the improved photometric and astrometric calibrations available. These detections have been submitted to the Minor Planet Center and await ingesting. The Project has also delivered a preliminary catalog of physical properties for known minor planets to NASA's Planetary Data System, which will be updated at the end of the mission to include the improved photometry and astrometry from reprocessing, recent data from the NEOWISE Reactivation Survey and properties of objects measured in stacked observations.


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Each government body also has a prison. Equality 's is public, the Palace of Corrective Detention. If a whipping wasn 't enough for your crime, you are also imprisoned. The doors are old, the locks are rusty. This is because almost nobody wished to obey The Council, certainly not twice.
Felons have paid their debt to society and have received their punishments for whatever the cause was for them being thrown in jail. All of their privileges and rights that were taken away from them should be restored. These efforts to block ex-felons to vote are unfair, undemocratic, and politically or racially motivated. Others who disagree may say they have shown poor judgement and should not be trusted with a vote. This is false because no one is perfect and everyone
One of our presidents defied the Supreme Court, murdered people, and destroyed thousands of lives. This could only be one person in U.S. history, Andrew Jackson. He did many horrible things during his life, some were barbaric and were unprecedented for his time. He forced thousands of Native Americans from their homelands during the Trail of Tears. He had many traits that made him that made him do many bad things.
Evidence proved this with the publicity of the Abu Ghraib incident, where many inmates were tortured by United States soldiers. These soldiers were convicted for their crimes but it was taken care of “in house” as people would say. The United Nations did not persecute the said soldiers further than the United States military court, nor did they investigate the claims of the soldiers that they were under orders. Although the United States used torture to great effect in the past, torture is cruel, inhumane, and has no place in modern society. Torture is cruel, it leaves the victims devastated both physically and mentally.
Although Malaysia has the right to freedom of speech, the media are still being controlled by the government which restrict them to publish anything against the government. Every government do restrict the freedom of speech to certain extend such as speech related to slander, pornography, copyright violation, sedition, libel, classified information are limited in Malaysia, But there are some cases in Malaysia, where government does
These televisions only broadcast special stations that promote the dictatorship government of the country. Most citizens are not even allowed to use the internet. This keeps the country relatively blind to any ideas that are not oppressed by the government. The society of Gilead demonstrates very similar situations of oppressive censorship. Commanders have the privilege of being the only people that are able to read books.
The other element being that the defendants have stated that they illegally left confinement was to escape from the violent beatings of the prison guards and the other inmates. Also, August, Bailey, Cogdell, Cooley, and Walker repeatedly told the court that there were terrible
It ruins the offender’s life and does nothing to help them rehabilitate. They do not learn to do better when they are locked with thousands of other prisoners for the rest of their lives. They cannot recover without the hope of getting out of prison. They think there is no reason to even try. As Gail Garinger stated on his article Juveniles Don’t Deserve Life Sentences, adolescents sentenced to die in prisons “were told that they could never change and that no one cared what became of them.” He explains how these kids are “left without help or hope.” This means that juveniles who get sentenced to life in prison do not have the opportunity to educate themselves, rehabilitate, or enjoy life again.
It stripped men of their basic rights, and consumed the life out of them. Most criminals sent to the Penitentiary committed more serious crimes, therefore were dehumanized and treated like the animals that everyone thought they were (NebraskaHistory). Frank speaks about how he is forgetting to speak, the Penitentiary enforced constant silence at times, other were afraid to be abused if they spoke (Ancestry). Fear helped mold the predators into prey, as the criminals must have learned quickly what their conditions were like. The State Penitentiary was the only place in Nebraska that help executions, so the prisoners had more to fear than the abuse (death penalty).
The policemen, and the eye, made him feel as if he was exposed, though he never admitted such to himself. The man went to such extreme measures as to be trapped in prison at his own will for the rest of his days, just so he could be shut off from the rest of the world. That is why insanity can come from the smallest of
There were many prison camps used during the Civil War and they were all terrible. The prison camps during the Civil War helped claim the lives of thousands of the deaths from the Civil War, and most people don’t know how much of an impact the prison camps had on the total number of deaths throughout the Civil War. They killed thousands of soldiers on both sides, making an impact on each side’s soldier count, and adding another fear to the soldier’s head. The prison camps used during the Civil War killed as many as 56,000
By today 's standards the governments of the colonies were semi-democratic. Each colony had its own legislature of land owning males and a governor that was sent from britain. Each colony was able to create and enforce it’s own laws. However, the british government could change any rules if it did was strongly opposed to any rules that the colonies had. Despite the fact that the Colonies could make their own rules the did not control their financial system.
Transgressors are openly whipped at the Palace of Corrective Detention. ”Take our brother Equality 7-2521 to the Palace of Corrective Detention. Lash them until they tell” (64). The people imprisoned in the Palace of Corrective Detention can’t leave their cells and have no access to the outside world. Security at the Palace of Corrective Detention is very lax.
He says that all the Death Rows have one goal human storage in an austere world in which condemned prisoners. Life in death row is horrible for Mumia ABU-Jamal because he doesn’t get any education in his prison. He says that visits are the worst because you have to be stripped. Several prisoners have protested in the visit strip they say there is no reason
Even with the numerous consequences that would come with my chosen responses, I wouldn 't change them for the world. The American government mistakenly considered those who were deemed disloyal a threat to the United States. Because of that, the obvious red flag to answering no and no, respectively, to Questions 27 and 28 on the loyalty questionnaire, was being separated from the other inmates and isolated at a concentration camp called Tule Lake. The conditions at Tule Lake were filthy and overcrowded, and riots and protests were commonplace. Those who protested against their imprisonment were often sent to federal jail.

domain: law


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New Delhi: Former Miss World Manushi Chhillar lately made his foray into Bollywood alongside actor Akshay Kumar in Samrat Prithviraj.
The aspiring actress has one other flagship as she has been named the brand new face of Estee Lauder’s Superior Night time Restore Serum. “I’m a longtime admirer of the Estee Lauder model, and specifically of their Superior Night time Restore serum. Being the face of this iconic product is fantastic,” stated Manushi, “I used to be launched to Superior Night time Restore a number of years in the past and I’d positively name it a should for skincare. “
“We’re thrilled to welcome Manushi to the Estee Lauder India household as the brand new face of Superior Night time Restore,” stated Rohan Vaziralli, Common Supervisor, Estee Lauder Firms India. “Along with her ardour for all issues magnificence, we’ve been drawn to Manushi’s values and dedication to serving to others. It displays our model’s dedication to the development of ladies and is aware of she is going to join deeply with ours. customers throughout India “.
The marketing campaign will spotlight Manushi’s ardour for skincare and spotlight Estee Lauder Superior Night time Restore Synchronized Multi-Restoration Advanced, which mixes the ability of seven serums in a single to hydrate, easy wrinkles, even out pores and skin tone. , strengthen and agency the pores and skin, impart radiance, and include antioxidants.
The marketing campaign, which shall be launched this month and shall be promoted on digital and social media platforms throughout India, is her first collaboration with a cosmetics firm.

domain: celebrity