The Special Project

December 01, 2003

Terms of use...

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 The Special Project is copyrighted by The Special Project's owner, and is not to be used without permission except as provided herein. The Special Project, The Special Project.com, are trademarks belonging to the owner of this website. In using The Special Project you recognize that The Special Project is primarily a guide to content on the internet by the owner, 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 The Special Project content, so long as you comply with the terms below.

A. All quotations from The Special Project will include credit to The Special Project or to the owner of this website, "Jim", and, wherever practicable, a hyperlink of the form http://www.thespecialproject.com ... to the site.

B. In exchange for the access to The Special Project content described above, you agree not to sue The Special Project 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 The Special Project'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 The Special Project 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 The Special Project's owners or operators from those in the links list on the The Special Project 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 The Special Project 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 The Special Project 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 www.thespecialproject.com are to be resolved in the courts of Washington County, Minnesota, under the laws of Minnesota and the United States of America.

C. You agree that efforts to obtain The Special Project content in violation or circumvention of these terms of use constitute a violation of The Special Project'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 The Special Project content in any form.

3. If you do not agree to these terms of use, exit the site immediately, destroy all copies of The Special Project 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 The Special Project.Com, Legal Department, P.O. Box 164, Cottage Grove, MN 55016-0164:

Affidavit
I hereby certify under penalty of perjury that I possess no copies of the The Special Project 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 The Special Project content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the The Special Project Terms of Use, subjecting me to possible civil and criminal liability.

_____________________
Signed (include date)

_____________________
Witnessed (notary)

Notary Seal:
My commission expires: ______________

Posted by Jim at 11:58 PM