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Terms and Conditions of Use
Effective Date: August 16, 2006.
Last Modified: December 2, 2014.
I. PRELIMINARY PROVISIONS: Don’t be frightened by the comprehensive nature of these terms & conditions. There really isn’t a whole lot in here that should trouble you unless you are considering suing me or stealing from me. You should read it even if these are not your intentions, but only those people should have reason for concern.
A. What This Agreement Is – This Agreement is a legal contract between You and the publisher of a collection of blawgs, listed below.
You should treat this agreement as any other legal contract by reading its provisions carefully, as they will affect Your legal rights. By accessing The Legal Satyricon site network in any manner, You are affirmatively agreeing to be bound by all of the terms contained in this User Agreement. You may not pick and choose which terms apply to You. If You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site.
B. Party Definitions and Introductory Terms –
1. The operative parties referred to in this Agreement are as follows:
a. Us, the Publisher – Exile Political Media (hereinafter, “EPM”, “Us” or “Publisher”) is the publisher of the Exile Political Media Network of websites which includes, at this time, The Legal Satyricon.
Hereinafter, these websites may be collectively referred to as the “EPM Network.” Hereinafter, when first-person pronouns are used in this Policy, (us, we, our, ours, etc.) they are referring to Exile Political Media, LLC as publisher and owner of the applicable website. This entity may also be referred to as “Publisher” from this point forward. Additionally, when the terms “The Site” or “Site” are used, these terms refer to the aforementioned EPM Network of websites as a collective group.
b. You, the User – As the user of this Site, this User Agreement will refer to the User as “You” or through any second-person pronouns, such as “Your,” or any derivation thereof. Hereinafter, the User of the Site shall be referred to in applicable second-person pronouns.
The following individuals or organizations are “blacklisted” and may NEVER read any posts on our network, nor may they ever use any materials from our network, without prior written permission:
1. Any member of the student body or faculty of Liberty University, Regent University, or Ave Maria University, or any graduate of any one of those three institutions
2. Any member of The Liberty Counsel
3. Valentina Kunasz, or any other member of the jury in the Lori Drew case
4. Anyone affiliated with Roca Labs
5. Any current employee or agent of the law firm of Jones Day
6. James Dobson, Sarah Palin, Donald E. Wildmon, Catharine MacKinnon, Phil Burress, Judith Reisman, Samuel Joseph Wurzelbacher (a.k.a. “Joe the Plumber”). Gail Dines, and anyone who doesn’t think that those people are all complete blithering fucking idiots.
7. Any member or employee of Citizens for Community Values
8. Any member or employee of the American Family Association
9. Andrew Contiguglia — at least not until he pays up on his World Series bet. After that, he may have full privileges.
Any unauthorized use is, apparently, a violation of 18 U.S.C. Section 1030 and will be prosecuted as such, I guess. I don’t actually intend to “prosecute” anyone. But, if you fuck with me, I might consider a claim under 18 U.S.C. § 1030(g).
2. Consideration – Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Sites and the information thereupon. You agree that such Consideration is adequate, and that it is received upon your viewing or downloading any portion of any content on the Site. You also agree that it is a hell of a good deal.
3. Disclaimer – The EPM Network of websites is political speech, published them for educational and political reasons. No money is made off of them. Any and all opinions on the site are those of EPM, unless such statements are in the form of blog comments, in which case the opinions are those of the commenter, individually. EPM does not generate money, nor does it edit the content of any comments placed on any of the blawgs. (Except, sometimes we might delete harassing information or personal information, but we do that in our sole discretion, and that doesn’t mean that your dumb fuck lawyer can write to me and say that I haven’t removed something, thus violating my own terms).
If you have a beef with one of the comments, your beef is with the author of the comment, not with us. If you have a beef with a comment, I’ll try and help you with it — but if you try and hold us legally responsible for the content of a comment posted by someone else, we will invoke 47 USC § 230, and then we will file a Rule 11 motion (or the state equivalent) against you and your attorney. In short, we will turn your idiotic mistake into such a pain in your ass that you’ll wish you had never accessed this blog, let alone found a dumbass attorney who never heard of the CDA.
None of the information on the EPM Network is to be considered to be legal advice. Legal advice is followed by a bill. If you didn’t get a bill, then you’re not my client and it wasn’t legal advice.
The EPM Network is a resource provided for primarily for the education and edification of lawyers, law students, and other people interested in current legal issues. It is made available to the public as a source of academic information and research. Materials provided are provided for political, academic, and informational purposes. It is not, nor is it intended to be, a source of advertising, solicitation, or legal advice. Nothing on the EPM Network is an invitation for an attorney-client relationship, nor a professor-student relationship unless one exists independently of the Network.
C. Electronic Signatures / Assent Required – Nobody is authorized to access this Site unless they have signed this Agreement. Such signature does not need to be a physical signature, since this Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest Your agreement to this User Agreement by taking any act demonstrating Your assent thereto. Reading or accessing any website in the EPM Network, clicking any link thereupon, or placing a comment on any of the blogs in the EPM Network manifests your intent to be bound by all of these Terms & Conditions. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract.
If You fail to assent to this Agreement, You understand that You are an unauthorized user of the Site. No act or omission by the Publisher should be interpreted as a waiver of the requirement that You assent to this User Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Publisher’s services. However, if You access the EPM Network and fail to assent to this Agreement, You stipulate to and agree to pay the Publisher $50.00 for each time You have accessed the Site as liquidated damages for unauthorized access and use, and You agree to pay all of EPM’s costs and expenses, including Attorney’s fees and costs, incurred in collecting this unauthorized access fee from You.
D. Revisions to this User Agreement –
1. From time to time, EPM may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.
2. We agree that if We change anything in this Agreement, We will change the “last modified date” at the top of this Agreement. You agree to re-visit this web page on a weekly basis, and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “last modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed, and you agree that you will re-review the Agreement in its entirety and that you will agree to its terms or immediately cease use of any websites in the Network.
3. Waiver – if You fail to re-review this Agreement as required to determine if any of the terms have changed, You assume all responsibility for such omissions and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
II. RESTRICTIONS ON USE OF NETWORK and SITES:
You agree that You will only use the Network and Sites therein for purposes expressly permitted and contemplated by this User Agreement, namely academic research, discussion, and political commentary. You may not use the Site for any other purpose without Our express, prior written consent.
III. DISCLAIMER AND INDEMNIFICATION:
A. You also agree to defend and indemnify Us should any third party be harmed by Your illegal or tortious actions or should We be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party.
B. You agree to defend, indemnify, and hold harmless the Publisher, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your (or while under another person’s authority including without limitation to governmental agencies), use, misuse, or inability to use the Site or any of the Materials contained therein, or Your breach of any part of this User Agreement.
IV. LIMITATION OF LIABILITY:
In no event shall EPM (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including (but not limited to), damages for loss of profits, loss of information, business interruption, revenue, defamation, invasion of privacy, or infliction of emotional distress (intentional or negligent), which may arise from any person’s use, misuse, or inability to use the Site or any of the materials contained therein, even if Publisher has been advised of the probability of such damages.
V. LINKS AND LINKING:
A. Some websites which are linked to the Site are owned and operated by third parties. Because the Publisher has no control over such websites and resources, You acknowledge and agree that Publisher is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
B. You further acknowledge and agree that Publisher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If You decide to access any such third-party website, You do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein.
D. Links to external websitesor inclusions of advertisements do not constitute an endorsement by the Publisher of such websites or the content, products, advertising, or other materials presented on such Site, but are for user’s convenience.
E. You hereby agree to hold the Publisher harmless from any and all damages and liability that may result from the use of links that may appear on the Site.
F. Linking to Files — EPM occasionally uploads files for the use of its audience. For example, we may upload a PDF of a recent court case. If you choose to also link to that case, you’re really kind of a douchebag if you do so without also providing a link to the blog posting in which the case appears. You agree to pay a $500 “douchebag fee” for each deep link of this kind you provide, unless you just show us a little love in the form of a “hat tip” or some other way of sending readers our way. Poaching PDFs just sucks. We wouldn’t do it to you.
VI. TRADEMARK INFORMATION:
A. Publisher and the aforementioned name of the Site may be a service mark and/or trademark of the Site. The name of the Site and the name of the Publisher are considered trademarks owned by the Publisher. We aggressively defend Our intellectual property rights. The following are considered to be EPM’s Trademarks: “LEGAL SATYRICON,” “SATYRICONISTA,” and “RANDAZZA.” You may use them in a manner that constitutes Fair Use, but you may not use them in any manner that would suggest that EPM or Marc J. Randazza endorse any external sites or products.
B. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. If your use would be Fair Use or otherwise privileged, your use is permitted. However, you bear the risk of suit and you will indemnify and defend us in the event that suit or an arbitration is filed due to your use.
VII. COPYRIGHT INFORMATION:
A. The Materials accessible from the Site, and any other World Wide Website owned, operated, licensed, or controlled by EPM, is the EPM’s proprietary information and valuable intellectual property and EPM retains all right, title, and interest in the Materials and in all of its websites.
All materials on the EPM network, unless otherwise noted, are copyrighted by Marc J. Randazza and/or Exile Political Media, LLC
If you wish to excerpt any of the material on the network, you must attribute the work properly. In this case, this means attributing the name of the author, which is Marc J. Randazza, unless otherwise specified, and by placing a live link to the blog post you are excerpting or quoting. Also, make sure you read Section V paragraph F above. You should have done that already, but just in case you forgot… go read it. Don’t get stuck paying a “douchebag fee.”
In addition, we require the following:
1) You cite the material and its author, which unless otherwise noted is “Marc J. Randazza.”
2) If online, you provide a link back to the original posting or content.
3) You will link only to the main page of each site or to the specific posting therein, but you will not deep-link to any images or other material on the Network.
4) Notification provided to us that you intend to use any material on the Network. Such notice may be provided by using the web form on this Site, or, if effective, a “pingback”
5) You do not need to seek prior permission to use the Materials in this manner, as long as it is fair use.
6) You recognize that failing to attribute is being a douchebag. This will subject you to either a douchebag fee of between $50 and $5000, depending on how much of a douche you are (in our sole opinion) or appropriate damages for copyright infringement. It all depends on how pissy we’re feeling when we decide to open the whup ass.
Accordingly, please provide valid contact information when notifying us of any use.
Any use must be noncommercial. You may not use any of EPM’s work nor any of Marc J. Randazza’s work for commercial purposes.
If you reproduce any of the text on the EPM network in immediate or close proximity to advertising that is keyed to the subject matter of the content of our websites, which we define as law, legal services, legal studies, legal education, political commentary, then EPM will view that advertising and that use as “use of the work for commercial purposes.”
If you use any of our content on a website that generates funds, even through pay per click fees (especially so), affiliate marketing, or even non-profit donations, we consider that to be a “Commercial Purpose.” If you are on our Blogroll, you are specifically exempted from this provision.
If you use any of the content, at all, for commercial purposes, you hereby agree that you will pay a license fee of $5000. Failure to pay the license fee in advance of any such use shall subject you to liquidated damages of $25,000, which you hereby agree to pay.
If you wish for any of these conditions to be waived, we are willing to grant permission, if requested PRIOR to your use. We reserve the right to waive these conditions on a case by case basis, and we are not required to do so, nor are we required to provide any explanation as to why we will not waive. The default is NO WAIVER.
For any reuse or distribution, you must communicate the license terms to them in clear terms.
VIII. NOTICE OF CLAIMED INFRINGEMENT:
The Publisher respects the intellectual property of others, and We ask our users to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If You believe that Your work has been copied or used in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Publisher’s Designated Copyright Agent the following information:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. Description of the copyrighted work or other intellectual property that You claim has been infringed;
C. A description of where the material that You claim is infringing is located on a Site;
D. Your address, telephone number, and email address;
E. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
G. You may send your Notice of Claimed Infringement to:
Marc J. Randazza
3625 South Town Center Drive, Las Vegas, NV
Phone: (702) 420-2001
E-Fax: (305) 437-7662
H. When the Designated Agent receives a valid Notice, the Publisher will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within ten to fourteen (10-14) days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
IX. DEFAMATION OR INVASIVE MATERIAL POLICY:
The EPM Network provides opinion and commentary on many political, legal, and social issues. Occasionally, these issues may cast companies or individuals in a manner that is unappreciated by the subject of the expressive content on the Network. It is not EPM’s intention to cause anguish to any person nor harm to any entity — although we do love shining a light on complete asshattery, and that is part of our political purpose. Accordingly, even if our expression is First Amendment protected, it is our policy to respond respectfully to any polite or reasonable complaints about information on the Network. Heck, even impolite ones might be treated with initial respect, but if you keep being a dick, we’re gonna be dicks back.
If you have been the subject of a post or article and you are unhappy about it, we agree to respect your rights and to take reasonable measures to not only comply with any reasonable requests, but we are also committed to taking affirmative steps to repair any harm that we may have inadvertently caused. Even if you are a public official, public figure, or libel-proof person, we do care about your feelings and reputation. Therefore, we have instituted this Invasive Material Policy. We can’t promise what we’ll do, but just know that we do care about most people’s feelings, and we’ll go beyond what the law requires unless there is a compelling legal, political, or journalistic reason to stand our ground — or if you are an asshole and don’t really deserve us being cool to you.
By accessing the EPM Network, you acknowledge and stipulate that you agree to employ the following allegedly defamatory or invasive content policy.
You hereby agree that any cause of action taken against the EPM Network shall be governed by the Nevada Anti-SLAPP statute (NRS 41.660-670), regardless of jurisdiction, and you agree that you will not challenge this choice of law provision. It works for you, it works for us, and we all will work together. You also agree that if you bring any lawsuit against us, that Nevada law will apply to that dispute. You agree that any claim will be brought in Nevada, in the state or federal courts in Clark County. If you bring any claim against us elsewhere, you still agree that the Nevada Anti-SLAPP statute applies to any claims you bring. (Dépeçage — look it up)
You agree that if you have any complaint about any content on the EPM Network, including (but not limited to) a complaint or claim of defamation (libel or slander), invasion of privacy, false light, or any related or similar tort, that you will provide notice to
EPM by mail or fax to:
Marc J. Randazza
3625 South Town Center Drive, Las Vegas, NV
Phone: (702) 420-2001
E-Fax: (305) 437-7662
You agree that we shall have 14 business days after RECEIPT of said notice to evaluate your concerns. During that time period, we will evaluate your concerns.
After evaluating your concern, we will either inform you that we do not believe your concern is valid, or we will request your preference regarding an opportunity to cure your concerns. This cure may include one of the following:
-We may offer to delete the offending material.
-We may offer to modify the offending material.
-We may offer you the opportunity to publish a rebuttal to the offending material.
-We will engage you and seek any other alternative resolution that will mitigate your hurt feelings or damaged legal interests – whether or not we are legally required to do so.
You acknowledge and agree that upon such offer being made to you, you will be considered to have engaged in settlement discussions with us, and will not file suit while a non-adversarial resolution is in progress. You agree that you will not file suit unless and until we issue a statement to you that we have taken our final action, and that no further action will be taken without adversarial proceedings. At that point, you may proceed with arbitration as provided for under this Agreement.
You acknowledge that once you accept any of our offers of non adversarial resolution, that you irrevocably waive any and all possible claims for any allegedly offending material on the EPM Network and that if you do bring any action against EPM or any of its principals, affiliates, officers, or employees, that you hereby stipulate that you will bear your own costs and fees incurred in the action, regardless of the outcome of that action and that you stipulate that your damages will be limited to $1, and no more, and that you hereby acknowledge that such amount of $1 is sufficient and adequate.
X. COMMUNICATIONS NOT PRIVATE:
A. Publisher does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Publisher shall be deemed to be readily accessible to the general public. You should not use this Site to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the agents and operators of this service, regardless of whether they are the intended recipients of such messages.
B. EXCEPTION – If confidentiality in any communication is requested, we will endeavor to protect said confidentiality. However, absent a specific request, confidentiality should not be presumed. Blog Comments are always accessible to the public, and are never private.
XI. MISCELLANEOUS PROVISIONS:
A. You agree that any arbitrator or court that takes jurisdiction over any dispute involving the EPM Network must apply anti-SLAPP principles to any action as those principles are articulated under Nevada Law, and the Nevada Anti-SLAPP statute. You hereby stipulate that the Nevada Anti-SLAPP statute (NRS 41.660-41.670) and any successor provisions and any interpretive decisions apply to any dispute between You and EPM or EPM’s principals, employees, successors, assigns, authors, or any other person or entity affiliated with EPM.
B. If you wish to be exempt from any of the provisions in this Agreement, you may purchase an exemption from any provision in this Agreement for $5,000 per paragraph or portion thereof. Such payment must be delivered and received by us prior to your exemption taking effect, and we must provide you with an original, signed and dated exemption form prior to the exemption taking effect. If, at any time, you claim that any provision does not apply to you, you agree that you will pay this $5,000 fee within 7 days of making any such claim.
C. Binding Arbitration – If there is a dispute between you and EPM or Marc J. Randazza arising out of or otherwise relating to The EPM Network, content thereupon, or any provision of this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker’s compensation law, unemployment insurance claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Las Vegas, Nevada, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts, as well as the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
D. No Waiver of Right to Arbitration – There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
E. The First Amendment Applies fully to Arbitration Proceedings – Any arbitration tribunal shall consider the First Amendment to the United States Constitution to be in force and effect between the parties. Both parties stipulate to the applicability of the First Amendment’s protection of free speech, expression, and association, and both parties stipulate that case law interpreting the First Amendment shall be admissible and considered to be binding authority upon the Arbitrator.
F. Governing Law – These Terms and Conditions and all matters arising out of, or otherwise relating to, this User Agreement shall be governed by the laws of Nevada. However, the parties agree that The Arbitrator or Court shall apply First Amendment precedent from all jurisdictions as binding authority so as to provide the broadest possible protection for all expression protected by the First Amendment.
G Jurisdiction and Venue: The sum of this paragraph is that any and all disputes must be, without exception, be resolved in Las Vegas, Nevada. This is mandatory.
1. All parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement or any services or business interactions between the parties that may be subject to this Agreement shall be tried and/or litigated exclusively in the state and federal courts located in Las Vegas, Nevada.
2. The parties agree to exclusive jurisdiction in, and only in, Las Vegas, Nevada.
3. The parties agree to exclusive venue in, and only in, Las Vegas, Nevada.
4. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than Las Vegas, Nevada.
5. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.
6. All parties stipulate that the state and federal courts with jurisdiction over Las Vegas, Nevada. shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby.
7. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
8. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
9. The parties stipulate the Nevada Anti-SLAPP provisions apply to all sites in the EPM Network and the Arbitrator or Court must take note of this stipulation.
G. Assignment – The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
H. Severability – If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this User Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this User Agreement will continue in full force and effect.
I. Attorneys’ Fees – DELETED.
J. No Waiver – No waiver or action made by the Publisher shall be deemed a waiver of any subsequent default of the same provision of this User Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this User Agreement.
K. Headings – All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this User Agreement.
L. Complete Agreement – This User Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Site and the Materials contained therein, and Your Membership with the Site, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
M. Other Jurisdictions – Publisher makes no representation that the Site or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.
N. Stipulated Liquidated Damages –
1. In various provisions in this Agreement, We have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, You acknowledge that this amount is not a penalty, that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
2. For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of $1000.00 per occurrence. You specifically agree to pay this $1000.00 in liquidated damages.
3. If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
The following is a log of recorded updates.
Updated June 19, 2009 to remove reference to Barry University
Updated August 4, 2009 to remove singular and add plurals, and to reflect San Diego jurisdiction.
Updated December 2, 2014 to add Nevada Jurisdiction, Nevada Anti-SLAPP statute, and other provisions
Nothing more follows.