John Goodwin Exposed Terms -- September 5, 2008
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A. All quotations from John Goodwin Exposed will include credit to John Goodwin Exposed and, wherever practicable, a hyperlink of the form http://John Goodwin Exposed .com ... to the site.
B. In exchange for the access to John Goodwin Exposed content described above, you agree not to sue John Goodwin Exposed for its content, whether original or linked or quoted from another source, in any court, on any grounds whatsoever in law or equity. Should you violate this agreement by filing such a lawsuit, you agree to pay John Goodwin Exposed 's owner or owners the sum of ten million dollars ($10,000,000) as liquidated damages, in addition to all attorney's fees, court costs, and other expenses associated with this litigation, and to indemnify and save harmless John Goodwin Exposed and its owners from any damage award made against them in such an action. Should this agreement not to sue be held unenforceable by a court of competent jurisdiction, you agree to binding arbitration, with all arbitration expenses to be paid by you. The arbitration panel shall be composed of three (3) weblog operators selected by John Goodwin Exposed ’s owners or operators from those in the links list on the John Goodwin Exposed site. The award in such arbitration shall be limited to (1) a monetary sum not to exceed $10; and (2) the publication of a retraction on the John Goodwin Exposed site. Should this arbitration provision be held unenforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against John Goodwin Exposed the sum of ten dollars ($10), and you agree that you will be entitled to no other relief of any kind in law or equity. You agree that all disputes concerning these terms of use or the content of John Goodwin Exposed .Com are to be resolved in the courts of Dutchess County, New York, under the laws of New York and the United States of America.
C. You agree that efforts to obtain John Goodwin Exposed content in violation or circumvention of these terms of use constitute a violation of John Goodwin Exposed ’s copyright and you understand and agree that (1) by virtue of this agreement you are estopped from arguing otherwise: and (2) such violations may lead to civil or criminal penalties.
D. If you are a corporation, you agree to provide, upon the filing of any lawsuit or the mailing of any letter threatening legal action, a bond in the amount of one million dollars ($1,000,000) as security against the liquidated damages provided for in paragraph 2.B. above. If you are an attorney or law firm representing a party filing such lawsuit or causing such a letter to be sent, you agree to provide a bond in the same amount as security against the liquidated damages provided for in paragraph 2.B. above unless you have never accessed, viewed, read, or otherwise made use of John Goodwin Exposed content in any form.
3. If you do not agree to these terms of use, exit the site immediately, destroy all copies of John Goodwin Exposed content remaining in any form on your computer, any other computer or network device under your control, in print form, or on any information storage or retrieval device that you possess or control. Then execute the following affidavit and send it by certified mail to John Goodwin Exposed .com, Legal Department, 5401 Kingston Pike, Suite 285, Knoxville, TN 37919:
Affidavit
I hereby certify under penalty of perjury that I possess no copies of the John Goodwin Exposed website in any form whatsoever; that neither I nor any employee or associate will access that site in the future in any form whatsoever; that I will immediately destroy any copies of John Goodwin Exposed content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the John Goodwin Exposed Terms of Use, subjecting me to possible civil and criminal liability.
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Signed (include date)
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Witnessed (notary)
Notary Seal:
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