Legal Mumbo Jumbo: Terms and Conditions of Use
As Glenn notes, “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.” And thus, mine too. By
reading, linking to, quoting, printing out, or in any way making use of
my website's content by or in any means, place, or forum, you agree to
the following terms and conditions of use:
1. All original content of patmulry.com is copyrighted by
patmulry.com’s owner, Patrick T. Mulry, and is not to be used without
permission except as provided herein. patmulry.com is a trademark
belonging to Patrick T. Mulry. In using patmulry.com, you recognize that
patmulry.com is primarily a guide to building a portable poker table
(and other projects that may occur later), that all content is provided
on an as-is basis, and that no factual statement or design proposed 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 and a good idea. patmulry.com and Patrick T. Mulry hereby disclaim
any express or implied warranties. Additionally, no warranty is given
for any content on patmulry.com, including, but not limited to project
plans, instructions, or ideas, including any warranty of merchantability
and/or warranty for fitness for a particular purpose. patmulry.com
reserves the right to change this policy at any time, without advance
notice; these terms of use are subject to change, and should be reviewed
regularly.
2. Permission is granted to read, quote, cite, link to, and print
out and use the plans and instructions published on patmulry.com, so
long as you comply with the terms and conditions set forth above and
below.
A. All quotations from patmulry.com will include credit to patmulry.com
or to Pat Mulry and, wherever practicable, a hyperlink of the form
http://patmulry.com... to the site. Copying, sale, and/or distribution
of the poker table plans and/or instructions published on this site is
strictly prohibited without prior written authorization from Patrick T.
Mulry.
B. In exchange for the access to patmulry.com content described above,
you agree not to sue patmulry.com and/or Patrick T. Mulry for its
content, whether original or linked or quoted from another source, in
any court, on any grounds whatsoever in law or equity. patmulry.com
and/or Patrick T. Mulry may sue you for your use of any material
published on patmulry.com in violation of these terms and conditions in
any court of competent jurisdiction. Should you violate this agreement
by filing such a lawsuit, you agree to pay patmulry.com’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 patmulry.com 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) arbitrators selected
by patmulry.com's owners or operators. The award in such arbitration
shall be limited to (1) a monetary sum not to exceed $10; and (2) the
publication of a retraction or correction on the patmulry.com site for a
period of time not to exceed six (6) months. Should this arbitration
provision be held unenforceable in a court of competent jurisdiction,
you agree to accept as liquidated damages in any lawsuit against
patmulry 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
patmulry.com are to be resolved in the courts of Dallas County, Texas,
under the laws of Texas and the United States of America.
C. You agree that efforts to obtain and/or use patmulry.com content in
violation or circumvention of these terms of use constitute a violation
of patmulry.com’s and/or Patrick T. Mulry’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 in addition to those outlined above.
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
cash bond in the amount of ten million dollars ($10,000,000) 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 patmulry.com content in any form.
E. Use the information provided on this site at your own risk.
patmulry.com accepts no responsibility or liability for losses which may
be incurred by persons using the information or links to other sites
contained herein.
patmulry.com has used reasonable efforts in collecting, preparing and
providing potentially useful information and material, but patmulry.com
does not warrant or guarantee the accuracy, completeness, or adequacy of
the information contained in or linked to this website.
All data or information found on this site are provided as a service to
its readers on an "as is" basis and may be used for information purposes
only. patmulry.com assumes no responsibility for errors or omissions in
these materials. patmulry.com makes no commitment to update the
information contained herein. patmulry.com makes no, and expressly
disclaims any, representations or warranties, express or implied,
regarding this website, including without limitation the accuracy,
completeness, or reliability of text, graphics, links, and other items
accessed from or via this website. No advice or information given by
patmulry.com or any other party on this website shall create any
warranty or liability.
There may be products referenced in this site which are provided by
parties other than patmulry.com. patmulry.com makes no representations
regarding either the products or any information vendors offer about
their products. Any questions, complaints, or claims regarding the
products must be directed to the appropriate manufacturer or vendor.
The appearance of external hyperlinks does not constitute endorsement by
patmulry.com of the linked websites or the information, products, or
services contained therein. patmulry.com does not exercise any control
whatsoever over the information you might find at these locations.
Please let me know about existing external links you believe may be
inappropriate.
Check with your local authorities regarding the legality of home and
online gambling in your area before playing poker or hosting a poker
game. Nothing on patmulry.com is intended to support gambling in any
way, shape, or form in any locality where it is not legal. No wagers are
accepted on this website, which is for informational purposes only.</blockquote>
3. If you do not agree to these terms of use, exit the site immediately,
destroy all copies of patmulry.com 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 patmulry.com, Legal Department, 15851 Dallas Parkway,
Suite 1220, Addison, Texas 75001:
Affidavit
I hereby certify under penalty of perjury that I possess no copies of
the patmulry.com 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 patmulry.com
content that happen to come into my possession. I understand that action
contrary to these statements constitutes both perjury and a violation of
the patmulry.com Terms and Conditions of Use, subjecting me to possible
civil and criminal liability.
_________
Signed (include date)
_________
Witnessed (notary)
Notary Seal:
My commission expires: ______________