Agreement between User and Digital Liberties Amendment Blog
Welcome to Digital Liberties Amendment Blog (https://digitallibertiesamendment.com). The Digital Liberties Amendment Blog website (the “Site”) is comprised of various web pages operated by John H. Horst of San Diego, California (“Operator”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference.
First Amendment Protections
Digital Liberties Amendment Blog is a Blog by which Operator intends to exercise his rights under the First Amendment to the United States Constitution to advocate for an amendment to the United States Constitution, and to otherwise solicit association with others with similar viewpoints.
Whether via an Internet browser, or via any other means, submitting an HTTP request (as described at this linked resource) to the digitallibertiesamendment.com domain, sending emails to Operator, or signing up to receive updates via email, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that Operator provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Operator or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The content of the Site is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Operator, and any other copyright owner. You agree that you do not acquire any ownership rights in any protected content. Operator does not grant you any licenses, express or implied, to the intellectual property of the Operator or other licensors except as expressly authorized by these Terms.
Operator expressly authorizes the sharing of Uniform Resource Locators (URLs) to pages on this Site via email and/or social media.
United States Government Users
Users affiliated with the United States Government EXPRESSLY AGREE that this Site is presented by Operator in furtherance of “rights, privileges, or immunities secured or protected by the Constitution or laws of the United States” as codified in TITLE 18, U.S.C., SECTION 242, otherwise known as “Deprivation Of Rights Under Color Of Law.” You further agree that you – on behalf of the United States Government – are aware of the existence of a “private right of action” for such Deprivation under TITLE 42 U.S.C. SECTION 1983.
The Service is controlled, operated and administered by Operator from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Operator’s Content accessed through Digital Liberties Amendment blog (https://digitallibertiesamendment.com) in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Operator, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Operator reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Operator in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Operator agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JOHN H. HORST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
JOHN H. HORST AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. JOHN H. HORST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Operator reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California. If you are a citizen of a U.S. State other than California, you hereby agree to the jurisdiction of the U.S. Federal Court for the District of Southern California located in San Diego, California. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
No other relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Operator as a result of this agreement or use of the Site. Operator’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Operator’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Operator with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Horst with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Horst with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Operator reserves the right, in its sole discretion, to change the Terms under which Digital Liberties Amendment Blog (https://digitallibertiesamendment.com) is offered. The most current version of the Terms will supersede all previous versions. Operator encourages you to periodically review the Terms to stay informed of updates.