Terms of Use
By reading, linking to, quoting, printing out, or in any way making use of my weblog’s content in any means, place, or forum, you agree to the following: 1. All original content of JEM Marketing is copyrighted by JEM Marketing’s owner, presently Jane Markell, and is not to be used without permission except as provided herein. JEM Marketing and JEM Marketing.com are trademarks belonging to Jane Markell. In using JEM Marketing you recognize that JEM Marketing is primarily a guide to content on the Web, that all content is provided on an as-is basis, and that no factual statement on this site should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that it is true. These terms of use are subject to change, and should be reviewed regularly.
2. Privacy: Your computer may collect information about your meanderings around the internet, including the fact that you visited JEM Marketing. So if you worry about these things, you might want to clear your cookies and internet history.
3. Permission is granted to read, quote, cite, link to, print out or otherwise use JEM Marketing content, so long as you comply with the terms below.
A. All quotations from JEM Marketing will include credit to JEM Marketing or to Jane Markell and, wherever practicable, a hyperlink of the form http://www.jemmarketing.com … to the site.
B. In exchange for the access to JEM Marketing content described above, you agree not to sue JEM Marketing 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 JEM Marketing’s owner or owners 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 JEM Marketing 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 JEM Marketing’s owners or operators from those in the links list on the JEM Marketing 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 JEM Marketing 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 JEM Marketing 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 JEM Marketing.Com are to be resolved in the courts of Marin County, California, under the laws of California and the United States of America.
C. You agree that efforts to obtain JEM Marketing content in violation or circumvention of these terms of use constitute a violation of JEM Marketing’s copyright and you understand and agree that (1) by virtue of this agreement you are stopped 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 JEM Marketing content in any form.
3. If you do not agree to these terms of use, exit the site immediately, destroy all copies of JEM Marketing 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.
Contact:
Jane Markell, President
p. 415-383-3002
c. 415-269-8285