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Terms of Use

All web sites 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 weblog’s content in any means, place, or forum, you agree to the following:

1. All original content of Vote29.com AKA Cactus Thorns is copyrighted by Vote29.com AKA Cactus Thorns’ owner, presently Daniel L. O’Brien, and is not to be used without permission except as provided herein. Vote29.com AKA Cactus Thorns , Vote29.com, and “Irreverent Barbs On Desert Politics” are all trademarks belonging to Daniel L. O’Brien. In using Vote29.com AKA Cactus Thorns you recognize that Vote29.com AKA Cactus Thorns 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 Vote29.com AKA Cactus Thorns content, so long as you comply with the terms below.

A. All quotations from Vote29.com AKA Cactus Thorns will include credit to Vote29.com AKA Cactus Thorns or to Dan O’Brien and, wherever practicable, a hyperlink of the form http://www.Vote29.com AKA Cactus Thorns .com … to the site.

B. In exchange for the access to Vote29.com AKA Cactus Thorns content described above, you agree not to sue Vote29.com AKA Cactus Thorns 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 Vote29.com AKA Cactus Thorns ‘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 Vote29.com AKA Cactus Thorns 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 Vote29.com AKA Cactus Thorns ‘s owners or operators from those in the links list on the Vote29.com AKA Cactus Thorns 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 Vote29.com AKA Cactus Thorns site. Should this arbitration provision be held unenforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against Vote29.com AKA Cactus Thorns 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 Vote29.com AKA Cactus Thorns .Com are to be resolved in the courts of San Bernardino County, California, under the laws of California and the United States of America.

C. You agree that efforts to obtain Vote29.com AKA Cactus Thorns content in violation or circumvention of these terms of use constitute a violation of Vote29.com AKA Cactus Thorns’ 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 Vote29.com AKA Cactus Thorns content in any form.

3. The quickest way to be banned from this site is the gratuitous insulting of the Site Administrator, Authors, and individual users. The occasional insult or ribbing is expected and welcome, but a continual barrage of Non sequitur personal attacks will not be tolerated and you will be banned from this site. Threats of violence will be reported to the local police.

4. If you do not agree to these terms of use, exit the site immediately, destroy all copies of Vote29.com AKA Cactus Thorns 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 Vote29.com AKA Cactus Thorns, Legal Department, 80044 Twentynine Palms Hwy, Twentynine Palms, CA 92277.

Affidavit

I hereby certify under penalty of perjury that I possess no copies of the Vote29.com AKA Cactus Thorns web site 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 Vote29.com AKA Cactus Thorns content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the Vote29.com AKA Cactus Thorns Terms of Use, subjecting me to possible civil and criminal liability.

_________

Signed (include date)

_________

Witnessed (notary)

Notary Seal:

My commission expires: ______________

I snagged all of this from Glenn Reynolds of InstaPundit.com. Sue me.

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