TOS

This TOS is modeled on that created by Glenn Reynolds, the Instapundit, and used with his gracious permission.

By reading, linking to, quoting, printing out, or in any way making use of my weblog’s content in any means, place, or forum, you agree to the following:

1. All original content of Daily Pundit is copyrighted by Daily Pundit’s owner, presently William Thomas Quick, and is not to be used without permission except as provided herein. In using Daily Pundit you recognize that Daily Pundit is primarily a guide to content on the Web, that all content is provided on an as-is basis, and that no factual statement on this site should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that it is true. These terms of use are subject to change, and should be reviewed regularly.

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

A. All quotations from Daily Pundit will include credit to Daily Pundit or to William Quick or Bill Quick and, wherever practicable, a hyperlink of the form http://www.dailypundit.com … to the site.

B. In exchange for the access to Daily Pundit content described above, you agree not to sue Daily Pundit 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 Daily Pundit’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 Daily Pundit 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 shalll be composed of three (3) weblog operators selected by Daily Pundit’s owners or operators from those in the links list on the Daily Pundit 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 Daily Pundit 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 Daily Pundit the sum of ten dollars ($10), and you agree that you will be entitled to no other relief of any kind in law or equity. You agree that all disputes concerning these terms of use or the content of Daily Pundit.Com are to be resolved in the courts of San Francisco, California, under the laws of California and the United States of America.

C. You agree that efforts to obtain Daily Pundit content in violation or circumvention of these terms of use constitute a violation of Daily Pundit’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 Daily Pundit content in any form.

3. If you do not agree to these terms of use, exit the site immediately, destroy all copies of Daily Pundit 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 Daily Pundit.Com, Legal Department, PO Box 881644, San Francisco, CA 94188-1644:

Affidavit

I hereby certify under penalty of perjury that I possess no copies of the Daily Pundit 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 Daily Pundit content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the Daily Pundit 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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