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.
Electronic Communications
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
You are granted a non-exclusive, non-transferable, revocable license to access and use Digital Liberties Amendment Blog strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Operator that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You agree that the issuance of any HTTP request (as described at this linked resource) addressed to the Site’s domain, whether for existing resources or not, by any means, to include but not be limited to, “bots”, programming scripts, data-mining tools, and browsers, is included as a Use of this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Additionally, you EXPRESSLY AGREE:
- You will not combine information from this Site with any other information such that Personally Identifiable Information (PII), as defined by the National Institute of Standard and Technology Special Publication 800-122, is created and/or expanded, and which attributes to any of the following Persons:
- The Operator of this Site
- Any Entity owned, in part or in whole, by the Operator of this Site
- Any Person or Entity with a contractual relationship with the Operator of this Site
- Any Person or Entity with a contractual relationship with any Entity owned, in part or in whole, by the Operator of this Site
- Any Entity employing the Operator of this Site
- Any Family Member of the Operator of this Site
- Any Entity owned, in part or in whole, by any Family Member of the Operator of this Site
- Any Entity employing any Family Member of the Operator of this Site
- You will not make use of any PII as described above to act alone or to conspire with others, to influence any natural person, incorporated entity, or unincorporated association, to cancel, or interrupt performance of, any Terms of Service, Terms of Use, or any other such Contract of Adhesion between any of the above identified Persons and any other Entity into which such a Contract of Adhesion, whether known to you or not, has been entered.
- You have been made aware of the following “torts” and that you assume full responsibility for understanding each in the context of your acceptance of these Terms of Use.
- Invasion of Privacy
- False Light Defamation
- Tortious Interference
- You have further been made aware of the concept of “Tortious Conspiracy” should two or more persons collaborate in an underlying tortious act, and that you bear full responsibility for understanding such in the context of these Terms of Use.
- Any action you take which is prohibited above shall be an instance of common law malice.
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.
International Users
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.
Indemnification
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.
Liability Disclaimer
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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOHN H. HORST AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOHN H. HORST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
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.
Venue
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.
Severability
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.
Entire Agreement
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.
BY CHECKING THE BOX BELOW, YOU AGREE YOU HAVE READ AND UNDERSTOOD BOTH OUR PRIVACY/COOKIES PRACTICES AND THESE TERMS OF USE.
