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Terms of Use

By using the Center for the Advancement for Capitalism’s (CAC) website(s), you hereby agree to be bound by all of the terms and conditions contained in this User Agreement ("Agreement"). CAC reserves the right at its discretion to change the terms of this Agreement and will notify users of any such changes by online postings. Your continued use of the CAC web site after the posting of any notice of change in terms shall constitute your acceptance to be bound by any such changes.

1. All original content of CAC's website(s) is copyrighted by CAC, and is not to be used without permission except as provided herein. In using CAC’s website(s) you recognize 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. Permission is granted to read, quote, cite, link to, print out or otherwise use CAC’s web site content, so long as you comply with the terms below:

a) This website is provided for informational purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. It is provided solely for non-commercial use.

b) Any use of original content on this website for commercial purposes must be authorized by CAC. All quotations from CAC will include credit to CAC and, wherever practicable, a hyperlink of the form http://www.capitalismcenter.org to the site.

c) In exchange for the access to CAC’s content described above, you agree not to sue CAC 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 CAC 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 CAC, its board of directors and staff 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) individuals selected by CAC directors or staff. The award in such arbitration shall be limited to (1) a monetary sum not to exceed $1; and (2) the publication of a retraction on the Center for the Advancement for Capitalism web 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 CAC the sum of one dollar ($1), 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 CAC’s website are to be resolved in the courts of the Commonwealth of Virginia, under the laws of the Commonwealth of Virginia and the United States of America.

d) You agree that efforts to obtain CAC content in violation or circumvention of these terms of use constitute a violation of CAC’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.

e) 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.c. 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.c. above unless you have never accessed, viewed, read, or otherwise made use of CAC content in any form.

3. If you do not agree to these terms of use, exit the site immediately, destroy all copies of CAC 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: The Center for the Advancement for Capitalism, Legal Department, 1909 19th St. NW Suite 606, Washington, DC 20009.

Affidavit

I hereby certify under penalty of perjury that I possess no copies of the Center for the Advancement for Capitalism website(s) 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 Center for the Advancement for Capitalism content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the Center for the Advancement for Capitalism 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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