Terms

All websites have terms of use. I think that some of them are kind of intrusive, but in general they’re upheld by the courts. So here are mine. By reading, linking to, quoting, printing out, or in any way making use of my website’s content in any means, place, or forum, you agree to the following:

1. All original content of jameshudnall.com is copyrighted by jameshudnall.com’s owner, presently James D. Hudnall, and is not to be used without permission except as provided herein.

2. Permission is granted to quote, cite, link to, print out or otherwise use jameshudnall.com content, so long as you comply with the terms below.

A. All quotations from jameshudnall.com will include credit to jameshudnall.com or to James D. Hudnall and, wherever practicable, a hyperlink of the form http://jameshudnall.com/blog … to the site.

B. In exchange for the access to jameshudnall content described above, you agree not to sue jameshudnall for its content, whether original or linked or quoted from another source, in any court, on any grounds whatsoever in law or equity. Should you violate this agreement by filing such a lawsuit, you agree to pay jameshudnall’s owner or owners the sum of one million dollars ($1,000,000) as liquidated damages, in addition to all attorney’s fees, court costs, and other expenses associated with this litigation, and to indemnify and save harmless jameshudnall and its owners from any damage award made against them in such an action. Should this agreement not to sue be held unenforceable by a court of competent jurisdiction, you agree to binding arbitration, with all arbitration expenses to be paid by you. The arbitration panel shall be composed of three (3) weblog operators selected by jameshudnall’s owners or operators from those in the links list on the jameshudnall site. The award in such arbitration shall be limited to (1) a monetary sum not to exceed $10; and (2) the publication of a retraction on the jameshudnall site. Should this arbitration provision be held uneforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against jameshudnall the sum of ten dollars ($10), and that you will be entitled to no other relief of any kind in law or equity.

C. You agree that efforts to obtain jameshudnall content in violation or circumvention of these terms of use constitute a violation of jameshudnall’s copyright and you understand and agree that (1) by virtue of this agreement you are estopped from arguing otherwise: and (2) such violations may lead to civil or criminal penalties.

D. If you are a corporation, you agree to provide, upon the filing of any lawsuit or the mailing of any letter threatening legal action, a bond in the amount of one million dollars ($1,000,000) as security against the liquidated damages provided for in paragraph 2.B. above. If you are an attorney or law firm representing a party filing such lawsuit or causing such a letter to be sent, you agree to provide a bond in the same amount as security against the liquidated damages provided for in paragraph 2.B. above unless you have never accessed, viewed, read, or otherwise made use of jameshudnall content in any form.

3. If you do not agree to these terms of use, exit the site immediately, destroy all copies of jameshudnall content remaining in any form on your computer, any other computer or network device under your control, in print form, or on any information storage or retrieval device that you possess or control. Then execute the following affidavit and send it by certified mail to jameshudnall.Com, Legal Department, 5214-F Diamond Heights Blvd, Suite 926, San Francisco, CA 94131-2118.

Affidavit

I hereby certify under penalty of perjury that I possess no copies of the jameshudnall website in any form whatsoever; that neither I nor any employee or associate will access that site in the future in any form whatsoever; that I will immediately destroy any copies of jameshudnall content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the jameshudnall Terms of Use, subjecting me to possible civil and criminal liability.



_______________________

Signed (include date)


_______________________

Witnessed (notary)

Notary Seal:

My commission expires: ______________

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