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Last Revised: September 15, 2009 PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE WEB SITE). THESE WEB SITE TERMS OF USE (THE TERMS OF USE) GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. 1. Introduction -- User Eligibility This web site, www.47-USC-230c2.org ("Web Site") is published on the Internet by Ronald F. Guilmette ("Website Operator"), an individual, by and within the State of California and contains commentary and opinion relating to matters of public interest to Internet users within the State of California. This Web Site is published and made available only for use by entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Web Site. 2. Scope of Terms and Conditions of Use These Terms and Conditions of Use govern Your use of the Web Site and all information, software, and services (collectively, "Information") available via the Web Site, except to the extent such Information is the subject of a separate agreement. 3. Modifications Website Operator may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of Website Operator. Website Operator may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion. Website Operator may establish or change, at any time, general practices and limits concerning other Website Operator products and services in its sole discretion. 4. License and Ownership Any and all intellectual property rights (Intellectual Property) associated with the Web Site and its contents (the Content) are the sole property of Website Operator or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress (Marks) of Website Operator or other entities that have granted Website Operator the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Website Operator. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without Website Operator's or the appropriate third party's prior written permission. Except as expressly provided herein, Website Operator does not grant to You any express or implied rights to Website Operator's or any third party's Intellectual Property. Website Operator grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Web Site, Content and Services only in the manner presented by Website Operator, and (b) access and use the Website Operator's computer and network services offered within the Web Site (the "Website Operator's Systems") only in the manner expressly permitted by Website Operator. Except for this limited license, Website Operator does not convey any interest in or to the Website Operator Systems, information or data available via the Website Operator's Systems (the Information), Content, Services, Web Site or any other Website Operator property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Website Operator. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Website Operator. 5. Restrictions on Use of the Web Site In addition to other restrictions set forth in these Terms of Use, You agree that: (a) You shall not disguise the origin of information transmitted through, from, or via the Web Site. (b) You will not place false or misleading information on the Web Site. (c) You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by Website Operator. (d) You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another. (e) You may not use or access the Web Site or the Website Operator's Systems or Services in any way that, in Website Operator's judgment, adversely affects the performance or function of the Website Operator's Systems, Services or the Web Site or interferes with the ability of authorized parties to access the Website Operator Systems, Services or the Web Site. 6. Links The Web Site may contain links to third-party Web Sites and resources (collectively, Linked Sites). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Website Operator of the content on such Linked Sites. Website Operator makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Website Operator is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy. 7. Interactivity For various obscure legal reasons, this Web Site has been designed and constructed and is operated in a manner so as to be deliberately and entirely non-interactive. No user data is either solicited or accepted by the Web Site in any manner whatsoever. Interactive features of this Web Site, if any, are strictly due to temporary and correctable errors or omissions on the part of the Website Operator and do not reflect either the intent of the Website Operator or the normal operating mode of the Web Site. If you, as a user of this Web Site, become aware of any unintentional interactive features of this web site, please promptly report said features, in writing, to the Website Operator, at his postal mail address as listed in the DMCA Notice on this Web Site. (The web site operator would like to allow web site visitors to report such issues via an interactive form on this web site, however if any such form were made available here, that would, in and of itself, defeat the goal of having this web site be entirely non-interactive.) 8. Termination You agree that Website Operator, in its sole discretion, may terminate or suspend Your use of the Web Site, the Website Operator's Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content. You agree that accessing the Web Site, the Website Operator's Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass under both federal and state law. Further, You agree that Website Operator shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the Website Operator's Systems, Information and/or the Services. 9. Indemnification You hereby agree to indemnify, defend and hold Website Operator and its employers and Internet Service Providers (collectively "Providers") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Provider in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of: 1. Your use of the Web Site; 2. The content, the quality, or the performance of content that you obtain from the Web Site; 3. Your connection to the Web Site and/or the Network hosting the Web Site; 4. Your violation of any of these Terms of Use; or 5. Your violation of the rights of any other person or entity. Website Operator reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify any Provider, and you agree to cooperate with any such defense. 10. Disclaimers Website Operator disclaims any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. Website Operator also disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet by, through, or on account of any links on the Web Site. Website Operator also disclaims any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies the Web Site, any failure(s) of Internet Service Providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond Website Operator's reasonable control. WEBSITE OPERATOR DOES NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WEBSITE OPERATOR DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT OF OR ON THE WEB SITE. THE WEB SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEB SITE IS ACCEPTED BY YOU, AND TRANSFERRED TO YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR TRANSFER OF ANY SUCH MATERIAL. NEITHER WEBSITE OPERATOR NOR ANY OF ITS ASSOCIATED ENTITIES MAKE ANY WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH OR VIA THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WEBSITE OPERATOR NOR ANY OF ITS ASSOCIATED ENTITIES MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE, ANY CONTENT, OR ANY OF OUR INFORMATION, SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE WEB SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. 11. Limitation of Liability TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT WEBSITE OPERATOR IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, WEBSITE OPERATOR IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WEBSITE OPERATOR OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE, THE WEBSITE OPERATOR'S SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WEBSITE OPERATOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR ASSOCIATED ENTITIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 12. Compliance with Law You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Website Operator, negatively reflect on the goodwill or reputation of Website Operator and shall take no actions which would cause Website Operator to be in violation of any laws, rulings or regulations applicable to Website Operator. 13. Arbitration Website Operator, and only Website Operator may, at its sole option, elect to resolve any controversy or claim arising out of or relating to these Terms and Conditions of Use or the Web Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA). Any such controversy or claim which Website Operator has elected to resolve via arbitration shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Any arbitration that is performed or undertaken pursuant to these Terms and Conditions of Use shall be conducted in Sacramento, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Website Operator may seek any interim or preliminary relief from a court of competent jurisdiction in Sacramento, California, necessary to protect the rights or the property of Website Operator (or its agents, suppliers, and subcontractors), pending the completion of arbitration. 14. Jurisdiction TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE OR ANY USE OF THE WEBSITE OPERATOR'S SYSTEMS, INFORMATION, SERVICES OR CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. 15. Applicability of Specific Federal and State Laws (A) 47 USC 230(c): By using or otherwise accessing this Web Site, or any of the Information contained hereon for any purpose or in any manner whatsoever, You explicitly agree and acknowledge that (i) the material presented on this web site is and constitutes "the technical means to restrict access to material described in paragraph (1)" of United States Federal Law 47 USC 230(c), and additionally (ii) that the Website Operator is a "provider or user of an interactive computer service" fully consistent with the use of that term within United States Federal Law 47 USC 230(c), and also (iii) that Website Operator shall not be held liable, under any United State federal or state statute, law, or any legal theory whatsoever, as a result of or in connection with your access to or use of the Web Site or the Information provided hereon. (B) California CCP 425.16: By using or otherwise accessing this Web Site, or any of the Information contained hereon for any purpose or in any manner whatsoever, You explicitly agree and acknowledge that the creation, publication, and dissemination of the content and Information on this Web Site is and fully constitutes an act on the part of the Website Operator that is "in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue", and that thus, a cause of action against Website Operator arising from the creation, publication, and dissemination of the content and Information on this Web Site shall be subject to a special motion to strike, pursuant to California Code of Civil Procedure, Section 425.16. 16. Governing Law and Language To the fullest extent permitted by law, these Terms of Use are governed by, and shall be construed in accordance with the internal substantive laws of the State of California, U.S.A. excluding (i) California's conflicts of laws principles. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. 17. Miscellaneous You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. Any failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision or of any other such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Web Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect. 18. Written Document You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document. 19. Complete Agreement THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND WEBSITE OPERATOR WITH RESPECT TO THE USE OF THE WEB SITE, THE WEBSITE OPERATOR'S SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND THESE TERMS OF USE SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF. Last updated: April 21, 2008 |