August 14, 2013
Here's my attempt to make this as concise as possible:
This is a contract between you and me ("Chris Bolman"), applicable whenever you use or visit the ChrisBolman.com site, services, and products (the "Service"). Please read these terms carefully to make sure I'm not stealing your personal data in order to subscribe you to home and garden magazines in order to collect affiliate fees.
By using the Service, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn’t use the Service – in fact, unless you agree, I won't even permit you to use them (sorry.).
I have the right to change this Agreement at any time by posting a revised Agreement. Changes become effective as soon as I post them. If I, in my sole discretion, determine that the changes are material, I will notify you via email (assuming I have your email) to the email address I have on file (again, if you provided one). Your use of the Service after the posting of a revised Agreement constitutes your acceptance of the terms and conditions of the revised Agreement.
Whenever you see one of the terms below, this is exactly what it means:
ChrisBolman.com is only for adults and teenagers. If you’re under 13, if you are a competing blogger bent on my demise, or, if you are a robot (unless you belong to Google and you're indexing my site so I can rank higher), sorry, you’re not allowed here.
I may change any aspect of the service we want, or even stop it, at any time without giving you notice. I also reserve the right to terminate or restrict access to it at any time, in my sole discretion. Termination of your access to and use of the Service shall not relieve you of any obligations arising or accruing before the termination.
Here are things you can't do here unless you are given written permission. By using the Service, you promise not to do the things I tell you not to do, including:
You retain ownership of all intellectual property rights to your own content and property. The Service (and/or other third parties) retains ownership of intellectual property rights in all Content created in relation to this Service.
By furnishing any Content you provide or post to the Service, you give the Service a broad license to use your Content as it operates and evolves its business. That license has a number of different features: it is a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to utilize all copyright rights now in existence or that may arise in the future with respect to your Content, in any medium that now exists or may arise in the future, as well as to do anything else that is reasonably appropriate to our Service and its use of your Content (including, but not limited to, use of your name in association with your Content to identify you as the contributor). The license has no restriction as to the medium, dissemination method, type of Service I might offer, or the type of systems or products that may be used in conjunction with your Content. The reason for this broad license is that no one can fully imagine and plan for how a service like the Service may evolve.
You represent that you have all of the necessary rights to grant this license to the Service for all Content you submit.
The Service grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in accordance with the Terms of, the Services. Whenever you distribute or redistribute content from the service, please cite or reference ChrisBolman.com whenever it is the original soure of that Content.
You agree that you won’t post Content or engage in activity that violates, or otherwise use your Account in ways that violate, this Agreement. You also agree that, if you are in a country subject to any economic embargo by the United States, or if you are a “Specially Designated National,” you will not engage in any commercial activity on, through, or with the Service.
When you delete particular items of your Content from the Service (such as blog comments), I will make reasonable efforts to make it inaccessible and to cease use of it. However, you nonetheless understand and agree that there may be a delay because of operational or other technical requirements. Moreover, notwithstanding your effort to delete it, your Content may remain available and stored on our servers through the accounts of other Users, particularly when others have referred to it, quoted it, or commented on it.
Warranty Disclaimer; Service Available on an "AS-IS" Basis Your access to and use of the Service or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICE(S) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, CHRIS BOLMAN AND CHRISBOLMAN.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Service makes no representations or warranties of any kind with respect to the Service. The Service also makes no representations or warranties of any kind with respect to any Content posted on or provided to ChrisBolman.com.
Limitation of Liability YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CHRIS BOLMAN NOR CHRISBOLMAN.COM NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICE; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CHRISBOLMAN.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER EVEN IF AND WHEN A REMEDY SET FORTH IN THIS AGREEMENT HAS FAILED ITS ESSENTIAL PURPOSE.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CHRISBOLMAN.COM AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, OR FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION/LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You and the Service agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service in accordance with this Section or as you and the Service otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact me directly to seek a resolution.
Choice of Law for Legal Disputes: This Agreement shall be governed in all respects by the laws of Suffolk County and the State of Massachusetts without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.
Where a Lawsuit Must Occur: The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in Suffolk County, Massachusetts. You waive any objection to jurisdiction and venue in those courts.
Waiver of Jury Trial and Class Action: You acknowledge and agree that you and I each waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding against the other.
Binding Agreement to Arbitrate with Limited Exceptions: You and I each agree that any dispute, claim or controversy arising out of or relating to these Terms shall be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Waiver of Class Action Arbitration: Unless both you and I otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the previous sentence is held to be unenforceable, then the remaining paragraphs of this Section on Legal Disputes relating to arbitration are void.
Arbitration Rules: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this dispute resolution section. (The AAA Rules are available here.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration and a separate form for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure: Unless you and I otherwise agree, the arbitration will be conducted in the county, city or municipality where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you may be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Arbitration Fees: Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, I will pay reasonable filing, administrative, and arbitrator fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes: If I change this dispute resolution section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending me written notice (including by emailing me at [email@example.com] within 30 days of the date such change became effective, as indicated in the “Last Modified” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and myself in accordance with the provisions of this dispute resolution section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
This Agreement, as modified from time to time, constitutes the entire agreement between you and the ChrisBolman.com in connection with the Service. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties.
The failure of either party to exercise any right under this Agreement in any way shall not be constitute or be deemed a waiver of any rights under the Agreement.If a court should determine any aspect or part of this Agreement to be unenforceable or invalid, that this Agreement shall be construed to omit or limit that aspect or part to the minimum extent necessary to effectuate the purposes of this Agreement and to maintain the maximum scope of this Agreement in full force and effect.
You may not make any assignments or sublicenses with respect to this Agreement without first obtaining my written consent.
The Service may assign this Agreement or the Service’s rights under this Agreement in whole or in part at any time without your consent. You and the Service have no agency, partnership, joint venture, or employment relationship; you do not have authority of any kind to bind the Service in any manner; and no relationship arises other than that of provider (me) and customer (you) as a consequence of your use of the Service or of this Agreement.
Any notice to ChrisBolman.com under this Agreement shall be in writing or electronic facsimile and shall be effective upon receipt via email or other reasonable electronic correspondence.
ChrisBolman.com deals with copyright infringement on the Service in accordance with the Digital Millennium Copyright Act. I have a policy of terminating repeat copyright infringers in appropriate circumstances. For information on the DMCA, you may look here http://www.citmedialaw.org/legal-guide/copyright-claims-based-user-content or here http://chillingeffects.org/dmca512/faq.cgi.