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Section 1.
 ¶ 1. These Terms of Use of Websites (hereinafter referred to as “Terms”) govern your use of this website and any other website the use of which is governed by these Terms, including those at http://www.treesintheForest.net (however capitalized), http://treesintheForest.net (however capitalized), http://www.LawSlip.com (however capitalized), and http://LawSlip.com (however capitalized). Such websites may be collectively referred to in these Terms as “these websites” (however capitalized) or by other terminology. These Terms govern your right to use content on and off these websites. What these Terms govern, these Terms limit. Content includes these websites and is generally my property (if any portion is not my property such portion may still be subject to my property interest and/or other rights of mine constituting property of mine), and you may use my property and everything else that is subject to my property interest or other rights of mine constituting property of mine only within the permission given you by the law, which means your use of it is generally up to me. And, by these Terms, as they may be changed from time to time, I impose certain limits. By using my property (other than to read these Terms and to make one copy of these Terms for your reference to assist you in your compliance herewith), you immediately agree to abide by these Terms. If you don’t agree, immediately stop using my property, including content and these websites.
¶ 2. Read these Terms carefully, because your responsibility is the same whether you read them or not, and you must comply with them. Changes to these Terms will be posted on this website when effective or before. Please read these Terms from time to time and whether changed or not, to be sure of your current rights and obligations. If you wish notification by email of any such change, tell me by email of your wish and include a valid email address to which I may send such a notification at no cost to me.
¶ 3. The authoritative and controlling language of these Terms is English as used in the U.S. No translation or interpretation that may be available or created is authoritative or controlling, even if such translation or interpretation creates a result in English as used in the U.S.
¶ 4. If Supplemental Terms of Use of Websites (hereinafter referred to as “Supplemental Terms” when not referred to as “Terms”) are posted on any of these websites or are otherwise made available to you, whether now or in the future, such Supplemental Terms are hereby incorporated into these Terms as of the date of effectiveness of such Supplemental Terms and are fully equal to, as authoritative as, and integral with these Terms. Such Supplemental Terms are not inferior to these Terms. Any reference to these Terms or any portion thereof is also a reference to such Supplemental Terms unless otherwise indicated. Any reference to such Supplemental Terms or any portion thereof is also a reference to these Terms unless otherwise indicated.
¶ 5. In order to use content, you must be of an age (as defined by law applicable to you) and otherwise competent (as defined by law applicable to you) to comply with these Terms or, if not of such age and otherwise competent or if you don’t know if you are of such age and otherwise competent, have the permission of your parents or other persons legally responsible for your compliance with these Terms.
¶ 6. References to these Terms are also references to any portion of these Terms, unless otherwise indicated.
¶ 7. Wherever these Terms apply to content they also apply, unless otherwise indicated, to these websites.
¶ 8. Content, except where otherwise indicated, is offered by me to the general public insofar as the general public agrees to and complies with these Terms. (The exception in the preceding sentence is for portions of content, if any, not offered by me to the general public.) These Terms apply to any person or other entity whether a member of the general public or not and to content whether offered by me to the general public or not.
¶ 9. These websites are encompassed by these Terms regardless of the address or addresses referring to any of such websites or any portion of such websites and regardless of any absence of an address (including absence due to failure or nonrenewal of registration of an address or interruption of address-based services by which any such website may be accessed), an address including any means by which any such website may be addressed or reached through the Internet, any other network, locally on a computer on which any such website is hosted, or otherwise, including a domain name or an Internet Protocol (herein referred to as “IP”) address and any means available to a Web host internally or externally and physically or logically. For example, more than one domain name and more than one IP address may refer to any such website or to different portions of it at the same time or at different times.
¶ 10. These Terms apply to any website or portion thereof I own or control or of which I have any right of control, apart from use, and that forwards or is intended to forward a user to any of these websites.
¶ 11. If I own, control, or have any right of control of, apart from use, any website or portion thereof other than these websites, you must comply with any terms of use of that website, regardless of what such terms may be named or how such terms may be described.
Section 2.
¶ 1. I am not an attorney.
¶ 2. If you wish legal advice or representation, please consult an attorney or other appropriate expert of your choice at no cost to me.
Section 3.
¶ 1. Using these websites includes accessing (also known as visiting or surfing), caching, mirroring, archiving, backing up, reading, copying from, downloading from, transmitting through, or linking through or from any such website, emailing any email address stated or implied on any such website or me, or submitting to any such website via means within it. Using any such website includes using its content or any portion thereof. Using any such website includes using any portion thereof. Using any such website includes using any cache, mirror, archive, or backup generated, directly or indirectly, from any of these websites.
¶ 2. Using content includes accessing (also known as visiting or surfing), caching, mirroring, archiving, backing up, or reading content, doing to content any act in any way permitted or forbidden by intellectual property law to an owner of intellectual property, emailing any email address stated or implied in content, or submitting via means within it. Using content includes using any portion thereof. Using content includes using any cache, mirror, archive, or backup generated, directly or indirectly, from content.
¶ 3. Use is use even if it is not in exchange for a consideration.
¶ 4. The pronouns “you” and “your” (however capitalized) and similar terms refer to any individual, any other person, or any other entity, including any group thereof and including any nonliving being able to make a decision to comply or not to comply with these Terms. A computer program may be an example of a nonliving being able to make a decision to comply or not to comply with these Terms. Any nonliving being able to make such a decision is presumptively still the responsibility of someone bound to these Terms, such as you. You may not cause a nonliving being or any other person or entity to do what you may not do under these Terms.
¶ 5. Content referred to in these Terms is, unless otherwise indicated, content on these websites. Content includes any portion of content. Content includes work and work includes material, as the latter terms are used in U.S. Federal copyright law. Content includes published and unpublished work. Content includes selection, enhancement, coordination, and arrangement. Content includes what is usable by a user and the programming that I produced, by creation, acquisition, or otherwise, and that may produce, directly or indirectly, what is usable by a user, the programming including source code and markup and any material preparatory therefor that I produced, by creation, acquisition, or otherwise. Content does not include any trade secret that I have treated as a secret and that I may have used in the production, by creation, acquisition, or otherwise, of content, unless I have previously explicitly disclosed such secret in such content and continue explicitly to disclose the same in such content. Acquisition includes that by license under intellectual property law and that which requires no such license. Content not on these websites is not content on any of these websites, even if implied, referred to, formerly on, and linked to on any of these websites and even if by the same author and on an identical or complementary subject.
¶ 6. An address or a mail address other than an email address includes a postal address and, unless otherwise specified, is in the United States of America.
¶ 7. The terms “United States”, “U.S.”, “US” “U.S.A.”, and “USA” each refer to the United States of America.
¶ 8. The term “United States Government” in the context of copyright refers, unless otherwise specified, to “United States Government” as defined in U.S. Federal copyright law. The term in other bodies of law may be differently defined.
¶ 9. A day is a calendar day unless otherwise specified.
¶ 10. Products include services. Products include information.
¶ 11. Software includes firmware.
¶ 12. A robot may be software, hardware, or any combination thereof.
¶ 13. Content includes URLs where content is hosted. Content includes domains where content is hosted.
¶ 14. A URL is a Uniform Resource Locator.
¶ 15. A link includes a hyperlink.
¶ 16. A sequence of characters may be one or more characters long and may be or include a word or a string.
¶ 17. A website may be any Internet site, whether part of the World Wide Web or not. A Web host may be any Internet host, whether hosting part of the World Wide Web or not. Notwithstanding the preceding portion of this Paragraph, the World Wide Web is not otherwise the entire Internet.
¶ 18. Licensing includes sublicensing.
¶ 19. An offer by me that you may contact me about any matter is not a promise by me as to receipt or response. I will use reasonable efforts to receive such contact but, unless otherwise required by law, may choose not to respond or not to respond in a particular way.
¶ 20. You and I are not hereby in a franchising, employment, master-servant, or servant-master relationship or in a partnership, joint enterprise, or other single entity or hereby required to form such a relationship, partnership, enterprise, or entity.
¶ 21. Where you live, work, or are present is determined by the existence of jurisdiction over you because of where you live, work, or are present as determined by a court of competent jurisdiction. A fleeting scintilla of presence in a given place, for example, may not suffice for such a determination of jurisdiction.
Section 4.
¶ 1. I am not responsible to you for use by anyone else except as otherwise provided herein.
¶ 2. You may not deny anyone else access to or service at any of these websites.
¶ 3. You may not transfer any of your rights and obligations under these Terms to anyone else, even as a gift, for a consideration, or by assignment, whether such person or other entity may use content under these Terms independently of such a transfer or not.
¶ 4. You may not accept a transfer of any of anyone else’s rights and obligations under these Terms except from me, even as a gift, for a consideration, or by assignment, whether you may use content under these Terms independently of such a transfer or not.
¶ 5. You agree that I may transfer any or all of my rights and your obligations under these Terms to any person or entity, that such transferee may further transfer any or all of the same, and that any such transferee may further transfer any or all of the same without limit on the number of such transferees in any line of succession; and you waive any notice thereof except for notice identifying the current such transferee and which, if not all, of such rights and obligations are so transferred.
¶ 6. Automated use of any of these websites is forbidden. You may use an automatic device such as a computer to use any of these websites so that a human being may use content through human senses perceiving any of these websites at the moment of such use and perhaps continuing at one or more later times, but you may not use automation, including hardware, software, or both, to use any such website at one point in time (a) without such human use of content, (b) with resulting such human use of content only after the termination of such use by automation, or (c) with such human use of content being without perceiving any of these websites through human senses.
¶ 7. You agree not to design or suffer the design of a website other than these websites to link to content so that a user of such website other than these websites perceives or is likely to perceive such content as part of such website other than these websites only because of a link to any of these websites. You agree not to rely on notice to a user of a website other than these websites to preclude or remedy such perception or likelihood of perception.
¶ 8. You may not link to content or any of these websites so that use of such link would cause such user to violate these Terms.
¶ 9. You may not use content through unauthorized means. If there are no authorized means or no authorized means are available to you, you may not use content.
¶ 10. You may not use authority that is available only to an owner or controller of any of these websites or to an owner, holder, registrant, or licensee of any domain name for any such website, an authorized administrative, technical, billing, or zone contact for any domain for any such website, or an authorized system administrator if you are not so permitted by such an owner, controller, holder, registrant, or licensee, such an administrative, technical, billing, or zone contact, or such an administrator, with “authorized” in this sentence limited to meaning authorized, directly or indirectly, by me and with “controller” in this sentence meaning person or other entity entitled to exert control.
¶ 11. You may not injure, damage, disable, or overburden the Internet or a network, Web host, computer, software, or telecommunications service or telecommunications equipment associated with any of these websites.
¶ 12. You may not cause what is not a link in content to be or appear to be a link. You may use a frame that is otherwise authorized under these Terms to offer your own link or links with your own reference or references to content.
¶ 13. You may not cause what is a link in content to be or appear to be not a link. You may disable your ability to use a link in content.
¶ 14. You may not frame all or any part of any of these websites unless it is clear to all users, including those with disabilities of seeing, reading, or hearing or with a lack of technical knowledge about computers or any combination thereof, that your frame is not part of such website and that I or such website are not endorsing of, recommending of, or affiliated with you, with any organization, employer, employee, affiliate, contractor, consultant, licensor, licensee, partner, relative, related company, or other entity of yours, or with any website other than any of these websites, respectively or irrespectively. Framing includes surrounding all or part of any of these websites within all or part of another website and interjecting all or part of another website into all or part of any of these websites, where “another website” refers to any website in the world regardless of ownership or right of control.
¶ 15. You may not add sound where any of these websites has none, replace sound, if any, on any of these websites with other sound, or amplify, quiet, or silence sound, if any, on any of these websites except that you may amplify, quiet, or silence some or all sound during your use and limited to your use.
¶ 16. You may not link to or frame any of these websites in such a way as to state, imply, or mislead anyone into believing that I express or imply what I do not or that I have expressed or implied what I have not. You may not accompany a link or frame so that the accompaniment so states, so implies, or misleads anyone into so believing.
¶ 17. You may not remove any copyright management information from, alter any copyright management information on, or add any false copyright management information to any product, direct or indirect, of use of any of these websites or distribute any such product that has been subjected to such removal, alteration, or addition. These Terms include terms and conditions for the use of copyrighted work.
¶ 18. You may not infringe any copyright. You may not engage in any activity that infringes any copyright. You may not infringe any intellectual property. You may not engage in any activity that infringes any intellectual property. You agree to comply with my Copyright Anti-Infringement Policy if I provide one on any of these websites or furnish a copy of such Policy to you or any equivalent or successor policy if I provide such equivalent or successor policy on any of these websites or furnish a copy of such equivalent or successor policy to you.
¶ 19. If your intellectual property has been infringed by any person other than me or by any other entity and such person or entity conditions a willingness to stop such infringing on my consent so to stop, such person or entity hereby has such consent from me and you may so notify such person or entity. Such consent or notification shall be at no cost to me.
¶ 20. You agree that content may not have been published by me. Within the meaning of “published” in U.S. Federal copyright law, not all content is published simply by virtue of being on any or all of these websites, being mine, being protected by my copyright, or any combination thereof. Content access to which requires knowledge of one or more URLs because no such URL appears on the home page of any of these websites, because no link or button on the home page of any of these websites provides equivalent access to any such URL, and because access is denied to a robot or to other automation that obeys programming on any such website if such website conforms to a programming standard for denying access to a robot is unpublished unless otherwise indicated.
¶ 21. That some content is unpublished does not by itself prove that all other content is published.
¶ 22. You may not program or suffer anyone else to program computer software anywhere so that the content of such programming or the execution thereof alone or in combination with other programming may result in misidentification of what is mine as not mine or of what is not mine as mine.
¶ 23. You agree that if you state or imply that any thing not mine is mine or program or suffer anyone else to program computer software anywhere so that the content of such programming or the execution thereof alone or in combination with other programming results in misidentification of what is not mine as mine you are thereby declaring that you are authorized to give said thing to me, you are thereby giving said thing to me, you are thereby holding me harmless from any obligation associated with said thing or the giving of said thing to me, you are thereby accepting the return of said thing if I reject said thing regardless of the amount of time I take to accept or reject said thing, and you are thereby holding me harmless from any obligation associated with the acceptance or rejection of said thing or the time taken to accept or reject said thing.
¶ 24. You may not email spam to or phish via any email address stated or implied on any of these websites. Spam includes any email not solicited by the owner or holder of the recipient’s email address.
¶ 25. You may not incur a cost or an increase in costs if paying any part of it or securing relief from any part of it may be or become my obligation. There is a relationship between use by almost anyone and cost to me, and therefore, regardless of the particulars of such relationship, you may not use content to excess. You agree I may determine what constitutes such excess.
Section 5.
¶ 1. While you may maintain your privacy or anonymity or both when lawful and when possible and you may use a lawful nonconfusing pseudonym, I, whether a pseudonym or name is confusing or not, may state or imply that you are not the same person or entity as another if in my sole discretion doing so might avert a possibility of confusion to a user other than you and you may not use a name, image, likeness, voice, or signature of or impersonate anyone else or falsify your identity, name, image, likeness, voice, signature, email address, mail address, affiliation, or other information so as to mislead either a reasonable person or me into confusing you with another person or entity, except that you may act on another person’s behalf if and only to the extent that you have the latter’s permission to do exactly that. You agree that I may associate any name of yours or any pseudonym of yours so as to identify one person or entity and that I may publish any result of doing so, notwithstanding any offer or promise by me of privacy, anonymity, or pseudonymity.
¶ 2. You agree that if you communicate to me what in my sole discretion I deem is a request that I contact someone on your behalf then I may disclose to the said someone means by which said someone may directly contact you, including your email and mail addresses, or that I may intermediate communications between you and the said someone and that I may liberally interpret your communication to permit that disclosure or that intermediation. You agree that I, at my sole discretion, may refuse or ignore any such communication or its content, even if it is explicitly a demand for such a contact, disclosure, or intermediation.
Section 6.
¶ 1. You may not use any trade dress of mine except as mine nor may you use any trade dress so as to mislead either a reasonable person or me into confusing you or what you use it on with another person or entity.
¶ 2. Content, regardless of where it may appear or may have appeared and except as otherwise noted, is protected by my copyright, including international copyright and except for work of the United States Government and except for work protected by copyright not mine or in the public domain.
¶ 3. Work of the United States Government does not include selection, enhancement, coordination, or arrangement by other than the United States Government, for example, selection, enhancement, coordination, or arrangement by me, so that, for example, selection, enhancement, coordination, or arrangement by me of work of the United States Government is protected by my copyright.
¶ 4. Work by any person or other entity other than me does not include selection, enhancement, coordination, or arrangement by other than such person or other entity, for example, selection, enhancement, coordination, or arrangement by me, so that, for example, selection, enhancement, coordination, or arrangement by me of work of such person or other entity is protected by my copyright.
¶ 5. Work in the public domain does not include selection, enhancement, coordination, or arrangement subject to copyright, for example, selection, enhancement, coordination, or arrangement by me, so that, for example, selection, enhancement, coordination, or arrangement by me of work in the public domain is protected by my copyright.
¶ 6. Copyright (copyright © 2005 Nick Levinson, all rights reserved) applies to each of the files, including to source code therein, listed or referred to as subject to the application of such so-dated copyright in any file named copyright-notice.txt (or similarly) on any of these websites even if any such file named copyright-notice.txt (or similarly) cannot be accessed under these Terms. The files to which such copyright with such dating so applies are the following:
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¶ 7. Copyright (revisions copyright © 2006 Nick Levinson, balance copyright © 2005 Nick Levinson, and all rights reserved) applies to each of the files, including to source code therein, listed or referred to as subject to the application of such so-dated copyright in any file named copyright-notice.txt (or similarly) on any of these websites even if any such file named copyright-notice.txt (or similarly) cannot be accessed under these Terms. The files to which such copyright with such dating so applies are the following:
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¶ 8. Copyright (copyright © 2006 Nick Levinson, all rights reserved) applies to each of the files, including to source code therein, listed or referred to as subject to the application of such so-dated copyright in any file named copyright-notice.txt (or similarly) on any of these websites even if any such file named copyright-notice.txt (or similarly) cannot be accessed under these Terms. The files to which such copyright with such dating so applies are the following:
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¶ 9. Copyright (selection, enhancement, coordination, and arrangement copyright © 2006 Nick Levinson, all rights reserved) applies to each of the files, including to source code therein, listed or referred to as subject to the application of such so-dated copyright in any file named copyright-notice.txt (or similarly) on any of these websites even if any such file named copyright-notice.txt (or similarly) cannot be accessed under these Terms. The files to which such copyright with such dating so applies are the following:
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¶ 10. Copyright (copyright © 2005 Nick Levinson, all rights reserved) applies to each of the following files, including to source code therein, regardless of whether any such file can be accessed under these Terms:
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¶ 11. Copyright (copyright © 2006 Nick Levinson, all rights reserved) applies to each of the following files, including to source code therein, regardless of whether any such file can be accessed under these Terms:
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¶ 12. If more than one file has the same name, location (if location is stated), and description (if description is stated) as any file listed in any Paragraph of this Section, such Paragraph, and copyright as specified in such Paragraph as applicable to such latter file, shall apply to each such file.
¶ 13. Copyright (copyright © 2006 Nick Levinson, all rights reserved) applies to any file or other expression or communication, including to source code therein, or portion thereof that, with or without a license from me, has been altered or incorporated into any other file or other expression or communication by the Web host or any other person or entity other than myself, regardless of whether any such alteration or incorporation was manual or automatic and regardless of whether any such file can be accessed under these Terms, except that such copyright shall apply only to the extent that a prealteration portion of such file or other expression or communication has survived such alteration or that a preincorporation portion of such file or other expression or communication has survived such incorporation.
¶ 14. Some content may be protected as trademark, service mark, or trade dress or under patent law.
¶ 15. Trademarks, if any, service marks, if any, trade dress, copyright or copyrights, patents, if any, and prior art, if any, are the property of their respective owners.
¶ 16. Each of the terms 1-2-3, 123 (as a filename extension), Acrobat, Acrobat Reader, ActiveX, Adobe, Amaya, Anonymizer, Book Antiqua, BSD, Calc, Crain, Crain Communications, DC (as a reference to Dublin Core), DMOZ, doc (as a filename extension), eBay, EBSCOhost, Equal Pay Day, Excel, Feminist International, Filzip, Firefox, Forbes, Forbes 400, Forbes Wealthiest 400, FreeBSD, Garamond, Google, Google Groups, IBM, IBM Lotus, iCab, Internet Explorer, ISDN, ISO, 8859-1 (if part of “ISO-8859-1”), Java, JavaScript, Konquerer, Linux, Lotus, Lotus 1-2-3, Lotus SmartSuite, Lotus SmartSuite Millennium, Lotus Word Pro, lwp (as a filename extension), Lynx, Mac, Macintosh, Macintosh OS, Mac OS or MacOS, MasterFILE Premier, Microsoft, Microsoft Excel, Microsoft Internet Explorer, Microsoft Office, Microsoft Windows, Microsoft Word, Millennium, Modern Healthcare, Mozilla, Mozilla Firefox, MS (representing Microsoft), MS Ofc (representing Microsoft Office), MS Office (representing Microsoft Office), MS Word (representing Microsoft Word), MS Excel (representing Microsoft Excel), National Journal, National Organization for Women Legal Defense and Education Fund (as a former name), Navigator, Netscape, Netscape Navigator, Nobel Prize, Norton, Norton Utilities, Notepad, OCLC, OCLC WorldCat, Office, OpenOffice.org (including as a product), OOo, Opera, OS X or OSX, Palatino, Panel Study of Income Dynamics, Pay Equity NOW!, PayPal, PSID, SmartSuite, Sun, Sun Microsystems, TextEdit, Times New Roman, Tor, Unix, Utopia, vi, W3C, Wikipedia, Win XP, Windows, Windows 95, Windows95, Windows XP, WindowsXP, WinXP, WinZip, Word, Word for Windows, WordPad, WordPerfect or Word Perfect, Word Pro, WorldCat, Writer, XHTML, xls (as a filename extension), Xnews, Yahoo or Yahoo!, zip (as a filename extension), Zip (when referring to disks), ZipCentral, each regardless of capitalization, whether appearing on any website specified in these Terms or any website your right to use which is governed and limited by these Terms, or whether embedded or infixed (or not embedded or infixed) in any sequence of characters in content or in any file, filename, or filename extension on any of these websites, any name or pseudonym of, abbreviation of any name or pseudonym of, or acronym for any name or pseudonym of any organization, any part of a domain name other than a top-level domain (in these Terms “TLD”), or any part of a URL is a trademark, registered trademark, or service mark of its respective owner or is not a trademark, registered trademark, or service mark. The nonidentification of any trademark, registered trademark, or service mark as such in this list or elsewhere in content or on any of these websites is not intentional on my part and if I am notified of such a nonidentification I will consider adding such a mark to this list or elsewhere in content or on any of these websites. There is no warranty by me of noninfringement by anyone other than me.
¶ 17. My permitting you to use content is not a waiver of any other right under intellectual property law. Rights reserved continue to be reserved. This applies both to my intellectual property and to anyone else’s, the latter including any that might be submitted through any contact method that might be on any of these websites. You may use intellectual property that is not mine only if and to the extent you are licensed so to do; and these Terms do not substitute for or constitute such licensing.
Section 7.
¶ 1. You agree that I may not wish to be associated with any of these websites if and when it is acquired by another person or other entity, including you, and that to be so associated after any such acquisition may cause me damage, including substantial and irreparable harm.
¶ 2. You agree that I may not wish to be associated with any domain name held or owned by or registered or licensed to me (not including any domain name never owned or held by or registered or licensed to me even if I owned or held or was a registrant or licensee of a subdomain thereof) if and when such domain name is acquired by another person or other entity, including you, such that I am then no longer its owner, holder, registrant, or licensee and that to be so associated after any such acquisition may cause me damage, including substantial and irreparable harm.
¶ 3. If you become the owner of any of these websites, either directly from me or otherwise, or if you become the the owner, holder, registrant, or licensee of any domain name once owned or held by or registered or licensed to me, described in the preceding Paragraph, and addressing any of these websites such that I am then no longer the owner, holder, registrant, or licensee of such domain name, so becoming either directly from me or otherwise, you shall (a) within five days post on the home page of such website notice to the public in English (such notice to be in a high contrast font that is at least 14 points in size when displayed in the current version of the Microsoft Internet Explorer browser for desktop computers when such browser is set to display text size as medium or to a successor setting) that I am no longer the owner of such website or the owner, holder, registrant, or licensee of such domain name, as the case may be, and the date on which I was no longer the owner of such website or the owner, holder, registrant, or licensee of such domain name, as the case may be, and identifying who is currently the owner of such website or the owner, holder, registrant, or licensee of such domain name, as the case may be, and the preferred means by which the public may contact such current owner of such website or such current owner, holder, registrant, or licensee of such domain name and (b) within thirty days delete my name, mail address, and email address from each place where my name, mail address, or email address appears in all content and on such website except that you shall leave intact each intellectual property rights notice that includes my name and except that you may provide a nonprominent statement of historical fact of my past association with such website or such domain name or both, as the case may be, provided that each such statement shall also include a copy of the notice required by clause (a) of this sentence. You may comply with the preceding sentence when deleting my name, mail address, or email address in any instance by deleting a portion of content or a portion of such website if by doing so my name, mail address, or email address, as the case may be, is no longer in content or on such website. If you replace any portion of content or any portion of such website with anything subject to my intellectual property rights, you shall include my intellectual property rights notice in such replacement.
¶ 4. You agree to apply and continue in perpetuity to apply this Section and all related portions of these Terms regardless of any amendment, supersession, or repeal thereof except for any such repeal, supersession, or repeal that is by me.
Section 8.
¶ 1. Content is offered by me for its value, including political, social, economic, scholarly, intellectual, emotional, artistic, and cultural, for its creativity, and because I deem it interesting, regardless of whether your judgments conform to mine. If, to any nontrivial extent, you use content other than these Terms, you agree that content is valuable, at least in part, even if in a way with which I do not agree.
¶ 2. Downloading that I authorize that is from any of these websites and copying that I authorize that is from any of these websites are limited to downloading and copying, respectively, for your personal noncommercial nonprofit-making use. Such downloading and such copying must include, all true and complete and as qualified, all proprietary rights notices, intellectual property rights notices, author attributions, titles, subtitles, and edition identifications. My permitting you to use content does not include derivation of works, transfer of ownership, storage in a retrieval system, display, performance, or further publication, distribution, or transmission, including by photocopying, recording, or otherwise, of what may have been or was downloaded or copied under these Terms except insofar as I authorize such derivation, transfer, storage, display, performance, publication, distribution, or transmission.
¶ 3. Content is offered as is, with all faults, and as available. These websites are each offered as is, with all faults, and as available.
¶ 4. I reserve my right to add, change, and remove content at any time without notice. Therefore, a bookmark or other reference or link to a URL may fail and you agree that I am not responsible for that failure. Furthermore, a domain name or IP address at which any of these websites is hosted being added, changed, or removed may cause a failure when a domain name or IP address no longer supports access to any such website and you agree that I am not responsible for that failure, regardless of whether forwarding from any website to any other website is enabled or not.
¶ 5. I am not responsible for any derivative of content if the derivative is not created and published by me or for any derivative of content if the derivative is not authorized by me.
¶ 6. If a date and/or time of creating, offering, transmitting, posting, changing, or deleting of any content is supplied, such date and/or time may have been supplied, manually or automatically, by the person or other entity creating, offering, transmitting, posting, changing, or deleting such content or by another person or other entity excluding me. Such supplying of such date and/or time is not my responsibility unless I so created, offered, transmitted, posted, changed, or deleted such content even though I include such date and time in content on any of these websites. If such date and/or time are or is in error, you agree I am not responsible for such error unless I caused the error.
¶ 7. Adding, changing, or deleting of content may occur on different computers, storage devices, areas of memory, or circuits at different times (including, especially when near midnight, on different dates), including because of propagation across different computers, storage devices, areas of memory, and circuits so as to result in inconsistency between two or more of said computers, storage devices, memory areas, and circuits and so as to produce a discrepancy or error during your use of content. Because remaining accessible to a user is advanced by hosting or serving any of these websites simultaneously on two or more of said computers, storage devices, memory areas, and circuits, because adding, changing, or deleting of two or more portions of content may require doing so nonsimultaneously, and because the work of hosting or serving content is constrained both by the laws of physics and by human and economic limitations, such a difference of time and any consequence thereof may be inevitable. You agree that, such difference and such consequence being inevitable or not, such inconsistency and such a discrepancy or error is not my responsibility. You may find through use of content that a particular such inconsistency has ceased to exist at a later time.
¶ 8. I do not warrant any results you may obtain or not obtain from your use of content.
¶ 9. Neither content nor I, except as otherwise stated, endorses, recommends, or is affiliated with any person’s or other entity’s products that are not my own products. You may not use content or my name, image, likeness, voice, signature, email address, or mail address in any manner that may confuse anyone into believing that content or I, except as otherwise stated, endorses, recommends, or is affiliated with any person’s or other entity’s products that are not my own products.
¶ 10. Errors, significant inaccuracies, and material omissions may exist in content, despite my efforts to prevent them. I am not responsible for them.
¶ 11. You agree to be responsible, and that I am not responsible, for any misuse or abuse of content, whether in violation of these Terms or not.
¶ 12. You agree to be responsible, and that I am not responsible, for any loss of use, business interruption, loss of business records or business information, loss of goodwill, loss of profit, incurrence of a loss (“loss” in this clause meaning the opposite of a profit), loss of economic opportunity, or loss of advantage or the supplying or cost of any alternative or substitute. Any such loss, interruption, profit, opportunity, advantage, supplying, or cost may be tangible or intangible and may be fungible or not.
¶ 13. As to content, I do not warrant its fitness for any particular purpose.
¶ 14. WHERE YOU LIVE, WORK, OR ARE PRESENT, THE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH AN EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY ACCORDING TO THE LAW WHERE YOU LIVE, WORK, OR ARE PRESENT.
¶ 15. If any such warranty conflicts with any of my rights, or of what would otherwise be my rights, under the First, Fifth, and/or Fourteenth Amendments to the Constitution of the United States and/or sections 8, 6, and/or 11 of Article I of the Constitution of the State of New York, or successor provisions, you agree that such warranty is, to that extent, null and void under these Terms.
¶ 16. A reference or link on any of these websites to a website other than any of these websites or not owned or controlled by me is not an affiliation with, a recommendation of or by, or an endorsement of or by such latter website or any person or other entity associated with such latter website, unless and except as otherwise specified. In this Paragraph, “such latter website” is “a website other than any of these websites or not owned or controlled by me”.
¶ 17. Websites other than these websites including any portion of any website other than these websites, even though linked to from any of these websites, may be misdescribed, misidentified, self-misidentifying, illegal, harmful, threatening, indecent, defamatory, libelous, offensive, invasive of privacy, objectionable, outdated, unsupported, untrustworthy, unreliable, infringing, inaccurate, misleading, false, or inappropriate for any reason, or any combination thereof, including because of their content, and that is not my responsibility. I do not necessarily review a website, or everything thereon, other than these websites and other than mine even if I have linked to it, and if I have reviewed part or all of any such website to which I have linked my judgment may differ from yours and the website may have changed without limit since I reviewed it. I do not have relationships, business or nonbusiness, with every website other than these websites and other than mine or with the owner or management of every website other than these websites and other than mine, even if I have linked to any such website, and if I have had or currently have such a relationship with any such website to which I have linked my relationship may differ from yours or from your potential relationship and my judgment of a relationship may differ from yours. If you have any question about a website other than these websites or other than mine, while I may like to know of your question for my own interest, the owner or management of such a website may be better qualified than I to answer your question, and you may be well advised to contact and ask such owner or management directly for any answer you wish or require.
¶ 18. Software on any website other than these websites and other than mine may be misdescribed, misidentified, self-misidentifying, illegal, harmful, threatening, indecent, defamatory, libelous, offensive, invasive of privacy, objectionable, outdated, unsupported, untrustworthy, unreliable, incompatible, requiring software or hardware or other element that is unavailable, infringing, inaccurate, misleading, false, prone to misbehavior, malicious, unlicensed when requiring a license, or inappropriate for any reason, or any combination thereof, and that is not my responsibility. I do not necessarily review software, or everything therein or packaged therewith, other than mine even if I have linked to it, and if I have reviewed part or all of any such software to which I have linked my judgment may differ from yours and the software may have changed without limit since I reviewed it. What may be packaged with software may include a medium or media the software is on, licensing, certification of authenticity, a printed manual or manuals, documentation, promotion, advertising, warranty information, a registration form or forms, miscellany, shrink-wrapping, packing material, bulking material, and a box or other container or containers. I do not have relationships, business or nonbusiness, with every person or other entity responsible for software, even if I have linked to any such software, and if I have had or currently have such a relationship with any such person or other entity my relationship may differ from yours or from your potential relationship and my judgment of a relationship may differ from yours. If you have any question about software other than mine, while I may like to know of your question for my own interest, the person or other entity responsible for the software may be better qualified than I to answer your question, and you may be well advised to contact such person or other entity directly.
¶ 19. What content may describe as free may not be free and I am not responsible for that. What content may describe as being available at one price, approximate price, price point, or price level may not be available thereat but may be more expensive without limit and I am not responsible for that. You are responsible for investigating pricing, including whether free, before entering upon any obligation.
¶ 20. A link to an external website ordinarily may use an existing browser window rather than cause a new one to open. Whichever window is used for an external website does not make that website not external or any less external and does not alter your responsibility or my absence of responsibility as to the external website thereby linked to or accessed.
¶ 21. If a link to an external website is broken, for example, if the website is nonexistent, currently unavailable, not within your authority to access as determined by the management or ownership of that website, or changed, that is not my responsibility. I may change or delete such a link if you provide me with notice of the link having been broken, but I am not obligated to do so.
¶ 22. A link, directly or indirectly, to software or intellectual property other than mine is not a license for such software or property, even if the link is associated with an explicit or implicit statement, implication, or inference providing or offering such a license. You are responsible for determining, in a timely manner, all of your rights and obligations with respect to any such software or property.
¶ 23. I do not warrant or guarantee the security of your personal information.
¶ 24. You agree that nothing you send me need be treated by me as confidential or proprietary unless I provide otherwise and only to the extent I so provide.
¶ 25. You agree not to use intellectual property of any person or entity without the permission of that person or entity.
¶ 26. If you submit to me or to any of these websites any intellectual property, including any trade secret, work protected by copyright, trademark, service mark, trade dress, logo, or work protected by patent, you warrant that you have a right to do so and, by so submitting, you offer me a license for me to use, copy, modify, adapt, interpret, compile, decompile, reverse-engineer, disassemble, assemble, make, disclose, advertise, publish, display, perform, demonstrate, import, market, sell, lease, rent, lend, give, distribute, export, derive a work from, incorporate into another work by any person or other entity, sublicense, or otherwise exploit, any in whole or in part, any in any medium now or not now known, any such property and you, unless you specify otherwise in advance, agree such license you offer is unconditional, perpetual, irrevocable, royalty-free, nonexclusive, transferable, and worldwide and is for me to use, copy, modify, adapt, interpret, compile, decompile, reverse-engineer, disassemble, assemble, make, disclose, advertise, publish, display, perform, demonstrate, import, market, sell, lease, rent, lend, give, distribute, export, derive works from, incorporate into another work by any person or other entity, sublicense, and otherwise exploit, all in whole or in part, all in any medium now or not now known, all such property as I may see fit from time to time, such license you offer being encumbered by no obligation for me or any other person or entity to pay any amount or consideration to you or any other person or entity.
¶ 27. If you offer me a license (by any terminology or otherwise in fact) for me to use, copy, modify, adapt, interpret, compile, decompile, reverse-engineer, disassemble, assemble, make, disclose, advertise, publish, display, perform, demonstrate, import, market, sell, lease, rent, lend, give, distribute, export, derive a work from, incorporate into another work by any person or other entity, sublicense, or otherwise exploit, any in whole or in part, any in any medium now or not now known, any intellectual property, including any trade secret, work protected by copyright, trademark, service mark, trade dress, logo, or work protected by patent, you warrant that you have a right to do so and you, unless you specify otherwise in advance, agree such license you offer is unconditional, perpetual, irrevocable, royalty-free, nonexclusive, transferable, and worldwide and is for me to use, copy, modify, adapt, interpret, compile, decompile, reverse-engineer, disassemble, assemble, make, disclose, advertise, publish, display, perform, demonstrate, import, market, sell, lease, rent, lend, give, distribute, export, derive a work from, incorporate into another work by any person or other entity, sublicense, and otherwise exploit, all in whole or in part, all in any medium now or not now known, all such property as I may see fit from time to time, such license you offer being encumbered by no obligation for me or any other person or entity to pay any amount or consideration to you or any other person or entity.
¶ 28. I may on any of these websites or in writing not on any of these websites waive any right of mine to intellectual property licensed to me under these Terms. Whether I have waived any such right or not, any person or other entity exploiting any such right shall be responsible for having such right from a proper licensor, even if I am not such a licensor.
¶ 29. By submitting content or intellectual property to me, you agree to my permitting, at my sole discretion, any and all robots, including robots not owned or controlled by me, to index and copy any and all such content and property, to follow any and all links in such content and property, and to index and copy any and all of your content and intellectual property whether such content or property was submitted to me or not and to follow any and all links therein. For purposes of this Paragraph, content is yours if you own it or have a right to control it and intellectual property is yours if you own it, have a license for it, or have a right to license it.
¶ 30. You agree that I may solicit, inspect, copy, order a copy of, and accept any information about you and that I need not pay for the same.
¶ 31. Any right not granted under these Terms to you is reserved to me.
¶ 32. Any of these websites may, despite my efforts and those of others, include unauthorized software capable of misbehavior or malice, such as viruses, worms, and Trojan horses. I am not responsible for such software, any such capability, or the execution of any such capability.
¶ 33. You agree to be responsible, and that I am not responsible, for each browser, other software, each computer, other hardware, telecommunications, and each service provider you use or associate in using any of these webites. Such a browser, such other software, such a computer, such other hardware, such telecommunications, or such a provider may present content in a way not intended by me, and you agree I am not responsible for any such unintended presentation.
¶ 34. You agree to be responsible, and that I am not responsible, for any damage to any computer, any program, data (including alteration or loss and including business records and business information), and telecommunications equipment, whether yours or under your control or responsibility, and anything subsequent with which content or any electrical, electronic, magnetic, electromagnetic, optical, or mechanical signal accompanying content may come into contact.
¶ 35. I am not responsible for acts beyond reasonable and ordinary human agency (including those referred to outside of these Terms as “force majeure” or “acts of God”, such acts to be cognizable without regard to the existence or nature of the said God or any other deity or deities), acts of a Web host or other computer service provider including a provider of any part of Internet service or the whole Internet, and acts of any telecommunications carrier.
Section 9.
¶ 1. You may report to me any violation or apparent violation of these Terms by anyone at any time. You shall report to me any violation of these Terms by you immediately.
¶ 2. Notice by me to you shall be to any address I find for you unless otherwise clearly notified by you, in which case you shall in time be responsible for constructive knowledge of the content of such notice whether actually received or not. For an email address anywhere in the world, “in time” means not more than forty-eight hours after emailing. For any other address inside or outside of the U.S., “in time” means not more than one more than the number of days (the “one more” being exclusive of a one-day national postal holiday at such address or in the U.S. and exclusive of Sunday or of any day at such address if outside the U.S. equivalent to Sunday in the U.S. in lacking ordinary postal delivery service) ordinarily necessary for delivery by first class mail by the United States Postal Service or any successor entity to any of most addresses within the U.S., according to the United States Postal Service or such successor entity, regardless of whether mailed, carried, or delivered by the United States Postal Service or any such successor entity or by anyone else and regardless of whether mailed by first class mail or by other than first class mail, such number of days to be after mailing. You shall be responsible for such constructive knowledge even if the email or mail is refused for any reason by you or any agent, employer, contracting party, intermediary, carrier, authority, or service provider, including because of anti-spam filtering or an entity’s policy of not delivering bulk email or mail. You agree that once I have emailed or mailed notice to you in a proper manner, a proper manner including addressing sufficient for emailing or mailing and payment of postage sufficient for mailing, I am not required to take any additional step to ensure or facilitate delivery to you and I am not required to send duplicate notice because you changed your address for emailing or mailing and either I didn’t know of such change before my such emailing or mailing or notice to me of such change was received when apparently not needed for the future.
¶ 3. Any email service provider providing for one or more emails to come to me may filter, select for nondelivery, or refuse any incoming email and provide or not provide me with an option to control or decline such filtration, selection, or refusal because, for example, it may have a policy of restricting abuse of its system such as by incoming spam, even if an email from you is not spam. Such email service provider may notify you, me, or another person or entity of any such selection, filtration, or refusal or it may not. I am not responsible for nonreceipt of email intended for me because of any such filtration, selection, or refusal regardless of whether there was notice thereof to you, me, or any other person or entity and you are responsible for delivering any required notice to me regardless of such filtration, selection, or refusal.
¶ 4. You agree that any notice required to be in writing may be represented electronically or digitally so as to result or be capable of resulting in a visually perceptible form of text, even if causing it to result in such a form of text requires that you or someone other than me provide the means, both technological and financial, including equipment, programming, and service, so to cause.
¶ 5. You agree that each notice to me shall be in a form such that such notice can be permanently stored by me or else that you didn't intend it as notice of any duration regardless of what it or any other communication may have said or contained. You agree that email serving as such notice to me, including any attachments, shall be limited to text. You agree that notice to me other than email, including any atachments, any enclosures, and any covers, shall be in ink that is permanent and on paper that does not deteriorate such that such notice would not be permanent. Permanence for any notice shall be for not less than six years and, depending on its content and the law applicable to such content, may have to be for the sum of my lifetime and the length of time during which another person or other persons or other entity or entities may be affected by such notice.
¶ 6. You agree that any communication purporting to be from me but not in fact from me is not my responsibility and does not obligate me. You agree that any communication that is misleading to you or a reasonable person so as to mislead you to believe that it is from me when it is not in fact from me is not my responsibility and does not obligate me.
Section 10.
¶ 1. Service may be reduced, delayed, interrupted, disrupted, suspended, conditioned, terminated, or discontinued, temporarily or permanently, without notice. I am not responsible for that.
¶ 2. You agree that I am not responsible for any electrical power failure, substandard power, brownout, blackout, strike, lock-out, work stoppage, labor dispute regardless of whether the affected labor is yours or mine or that of any other person or other entity, shortage of labor or material, business interruption, war, terrorism, riot, insurrection, civil disturbance, crime, civil liability, fire, flood, drought, storm, wind, weather of exceptional severity, volcanic eruption, earthquake, tsunami, erosion, subsidence, explosion, implosion, governmental action or order of a domestic or foreign court or tribunal, or nonperformance by a third party.
¶ 3. What I do not warrant or guarantee you agree does not require being warranted by me or guaranteed by me.
Section 11.
¶ 1. You agree that if you violate these Terms you will pay me one thousand U.S. dollars (US$1,000) in cash for each day of each violation plus interest of thirty per cent (30%) per annum compounded daily, (a) except that I may reduce the amount of the payment including the interest and that such interest shall not exceed that allowed by law on usury or other law and except that there shall be no such interest if the payment is made within thirty days of the day being paid for with respect to such violation and (b) except as provided in the next Paragraph. A payment in cash may be made by a check or other instrument acceptable to me, such acceptance by me to be contingent upon acceptance by a bank or other person or entity qualified to receive and hold my money, such acceptance by such bank or other person or entity to be contingent on its receiving unencumbered the money represented by such check or instrument. You agree in addition to pay within thirty days any amounts due such bank or other person or entity for the deposit of, negotiation of, and/or collection on such check or instrument for such receipt of such money. You are advised that you may be likeliest to pay the least, perhaps nothing, for such deposit, negotiation, and/or collection if such payment is by check drawn on a U.S. bank. You agree that if any payment due from you under these Terms is not paid within thirty days I may refer such nonpayment to an attorney or a collection agency for collection, that you shall pay any amounts due such attorney or agency for such collection, that such attorney or collection agency shall have the right to complain to any government agency with respect to you or bring a cause of action or demand for relief to or in a court of competent jurisdiction or to arbitration or mediation with respect to you to collect with respect to such nonpayment or for amounts due such attorney or agency with respect to such nonpayment without further action on my part or objection on your part, and you agree to permit, facilitate, and pay (within thirty days) for seizure, evaluation, transport, storage, and sale, other disposition (including recycling and/or discarding as trash with or without a record thereof), or return of your property as advisable or required with respect to such complaint, cause, or demand unless and until you pay as required with respect to such complaint, cause, or demand.
¶ 2. You agree that if I complain to any government agency, bring a cause of action or demand for relief to or in a court of competent jurisdiction or to arbitration or mediation, or am required by you or any other person or entity to prove or quantify damages and as a result you are required to pay me then the preceding Paragraph shall not limit the amount you may be required to pay me.
¶ 3. If you violate these Terms, regardless of payment therefor or other payment under these Terms, your rights under these Terms and my obligations to you under these Terms terminate immediately.
¶ 4. You agree immediately to destroy all products of your use under these Terms in the event of termination of your rights under these Terms, including all products transferred by any means and directly or indirectly to any other person or persons or other entity or entities.
¶ 5. If I believe there may be probable cause to believe you have violated these Terms, I may solicit, collect, use, and accept any information about you from you or any other person or entity to investigate, prevent, and ask, encourage, or cause you to cease and desist from any such violation. Such use includes sharing with any person or entity.
¶ 6. Without limiting any other remedies that may be available to me, I may, without notice, prevent you or any user of any computer you use or used from using any of these websites if, in my sole discretion, I determine you may have violated these Terms.
¶ 7. If I am not responsible for something, I am not responsible for any consequence of it. If I am not responsible for something, I am not responsible for direct, indirect, incidental, special, consequential, exemplary, punitive, or other damages from it, including all damages under the laws of warranty, contracts, and torts, including negligence and other. If I am not responsible for something, I am not responsible for it even if plainly notified of the possibility of damages.
¶ 8. My doing or omitting any act does not obligate me to do or omit, respectively or irrespectively, any act thereafter.
¶ 9. You agree to indemnify me and hold me harmless as to any and all claims, liabilities, damages, injuries, causes of action, orders for relief, judgments, costs, expenses, and reasonable attorneys’ fees arising from your use of content, your violation of these Terms, or any act or omission by me in reliance on your use or apparent use of content or your violation or apparent violation of these Terms. For any such indemnification or holding, you agree that I may direct or take over the exclusive defense of the same at your expense and you shall provide such cooperation as I reasonably request or direct.
Section 12.
¶ 1. These Terms, together with the Privacy Policy, if any is effective as to a particular website in question, and the Copyright Anti-Infringement Policy, if any is effective as to a particular website in question, constitute the entire agreement between you and me and supersede any other understanding, promise, or agreement, written, oral, computerized, digitized, or based on conduct, that may have been made at any time between you and me and any agreement or contract of adhesion against me. No amendment to or repeal of these Terms, including any complete supersession, shall be made except by posting on this website or by a written amendment signed by hand by me. If you want any exception to these Terms, contact me in advance in writing specifying what exception you want so that I may consider your specification and possibly permit an exception. I am not required to consider or reply to your specification or permit any exception.
¶ 2. A decision by me not to enforce these Terms as to you or any other person or entity with respect to any matter is not a waiver of my right to enforce these Terms as to you or any other person or entity with respect to that matter or any other.
¶ 3. No waiver of any right of mine under these Terms exists until such waiver is signed by me and delivered.
¶ 4. Please contact me at any time about any matter of concern to you or any dispute. You may email me at Nick_Levinson@yahoo.com or you may write to me, Nick Levinson, P.O. Box 8386, New York, N.Y. 10150, U.S.A.
¶ 5. You agree to give me every reasonable opportunity to resolve any dispute you have with me without litigation, governmental agency complaint, or arbitration.
¶ 6. You agree to bring any claim, cause of action, or demand for relief within one year of any violation of law, including these Terms, not counting any continuation of such a violation.
¶ 7. These Terms are governed by and shall be construed in accordance with the law of the City and State of New York, United States of America, even if I am present elsewhere, such law including private, City, State, Federal, and international. You agree to waive conflicts of laws principles as to contracts made or performed in said City.
¶ 8. If you are not in the U.S. or if you are otherwise bound by the law of any other nation, you agree that you are responsible for all compliance with such law in your exercise of your rights under these Terms and your fulfillment of your obligations under these Terms and that I am not responsible for any such compliance. For example, laws governing intellectual property, including copyright, including what is currently protected by copyright, may vary by nation and compliance with such laws is your responsibility and not mine. You may not violate these Terms even if law outside the U.S. and applicable to you does not permit you to comply with these Terms. If you cannot comply with these Terms, you may not use content or any of these websites.
¶ 9. You agree to submit to the personal and exclusive jurisdiction of the courts of competent jurisdiction in the City and State of New York, United States of America, including Federal and State courts, and to waive any objection grounded on jurisdiction, venue, or inconvenient forum.
¶ 10. I may consider any other means of adjudication and enforcement you wish to propose, including arbitration or mediation, but I may not agree to the same. If arbitration is agreed to between you and me and results in an award, and except as otherwise provided for, such award shall be binding and may be entered as a judgment in any court of competent jurisdiction of my choice. Insofar as allowed by law, no arbitration under these Terms shall be joined to an arbitration involving any other person or entity subject to these Terms, whether through class arbitration proceedings or otherwise.
¶ 11. Any claim or relief against me shall be limited to the amount, if any, you paid me for use.
¶ 12. These Terms are severable in the event that a court of competent jurisdiction adjudges any portion thereof unenforceable as to you or any other party with respect to any matter. All other portions of these Terms shall remain enforceable as to you or such party, respectively, with respect to that matter or any other and all portions of these Terms shall remain enforceable as to you and all other parties and any entity not such a party with respect to any matter. You and I agree that every such court should effectuate our intent, as the intent of the parties as reflected in these Terms, as much as possible.
¶ 13. These Terms shall survive any termination by you to the extent necessary to preserve your obligations and my rights, but otherwise such survival shall not negate such termination.
¶ 14. I reserve the rights to terminate your rights and my obligations to you under these Terms, to terminate your rights and my obligations to you under these Terms except to the extent necessary to preserve your obligations and my rights under these Terms, and to order that you immediately stop using any or all of these websites at my sole discretion and without liability to you. If I have terminated your rights and my obligations to you under these Terms and in the event of uncertainty as to whether I did so except to such extent, it shall be presumed that I terminated your rights and my obligations to you under these Terms except to such extent.
¶ 15. Termination by you or me may be for any reason or no reason.
¶ 16. Once your rights and my obligations to you under these Terms have been terminated, whether by operation of these Terms or otherwise, only I may restore you to having rights under these Terms and me to having obligations to you under these Terms.
Section 13.
¶ 1. Numbering of Sections and Paragraphs of these Terms is solely for each reader’s convenience and does not affect the meaning of any portion of these Terms. The numbering may be changed if and when these Terms are changed, so that the numbering may depend on the date of effectiveness of these Terms if and as changed.
¶ 2. These Terms are effective when posted on this website.
— Nick Levinson
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