The Rhetorica Network - Terms of Use

By reading, linking to, quoting, printing out, or in any way making use of the content of The Rhetorica Network in any means, place, or forum, you agree to the following:

1. All original content of The Rhetorica Network is copyrighted by Andrew R. Cline, Ph.D. and is not to be used without permission except as provided herein.

2. Permission is granted to quote, cite, link to, print out or otherwise use content of The Rhetorica Network, so long as you comply with the terms below.

A. All quotations from The Rhetorica Network will include credit to "Rhetorica" or to "Andrew R. Cline, Ph.D." and, wherever practicable, a hyperlink of the form http://rhetorica.net or other appropriate Uniform Resource Locator (depending upon the location of the cited content).

B. In exchange for the access to The Rhetorica Network content described above, you agree not to sue Andrew R. Cline 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 Andrew R. Cline the sum of one million dollars ($1,000,000) 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 Andrew R. Cline from any damage award made against him 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 shalll be composed of three (3) weblog operators selected by Andrew R. Cline or operators from those in the web log links list on Rhetorica: Press-Politics Journal (http://rhetorica.net/comment.htm). 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 Rhetorica Network. Should this arbitration provision be held uneforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against Andrew R. Cline the sum of ten dollars ($10), and 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 The Rhetorica Network are to be resolved in the courts of Clay County, Missouri, under the laws of Missouri and the United States of America.

C. You agree that efforts to obtain The Rhetorica Network content in violation or circumvention of these terms of use constitute a violation of Andrew R. Cline'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 The Rhetorica Network content in any form.

3. If you do not agree to these terms of use, exit the site immediately, destroy all copies of The Rhetorica Network 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 Andrew R. Cline, Ph.D., 901 South National Avenue, Springfield, Missouri 65804 :

Affidavit

I hereby certify under penalty of perjury that I possess no copies of the The Rhetorica Network 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 The Rhetorica Network content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the The Rhetorica Network Terms of Use, subjecting me to possible civil and criminal liability.

_________ Signed (include date)

_________ Witnessed (notary)

Notary Seal:

My commission expires: ______________


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