Terms of Use

By reading, linking to, quoting, printing out, or in any way making use of An Excellent Spirit.com’s weblog’s content in any means, place, or forum, you agree to the following:

1. All original content of An Excellent Spirit.com is copyrighted by the owner and publisher, presently Thomas A. Bruno, and is not to be used without permission except as provided herein. An Excellent Spirit and, An Excellent Spirit.com, are both trademarks belonging to Thomas A. Bruno. In using An Excellent Spirit you recognize that An Excellent Spirit 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: An Excellent Spirit does not collect any information about you. An Excellent Spirit is not interested in any information about you. Nevertheless, any of our advertisers and traffic monitoring service(s) may automatically collect anonymous information about the comings and goings of our readers. Your computer may also collect information about your meanderings around the interwebs, including the fact that you visited An Excellent Spirit. If, therefore, you worry about these things, you might want to clear your cookies and internet history. As we do not yet have advertising, we provide no privacy statement at this time.

3. Permission is granted to read, quote, cite, link to, print out or otherwise use An Excellent Spirit content, so long as you comply with the terms below:

A. All quotations from An Excellent Spirit will include credit to An Excellent Spirit and, wherever practicable, a hyperlink of the form http://anexcellent spirit.com  … to the site.

B. In exchange for the access to An Excellent Spirit content described above, you agree not to sue An Excellent Spirit 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 An Excellent Spirits 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 An Excellent Spirit 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 An Excellent Spirits owners or operators or from those that may hereafter be listed in the links list on the An Excellent Spirit 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 An Excellent Spirit 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 An Excellent Spirit 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 InstaPundit.Com are to be resolved in the courts of Denton County, Texas, under the laws of Texas and the United States of America. You agree that efforts to obtain An Excellent Spirit content in violation or circumvention of these terms of use constitute a violation of An Excellent Spirits 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 An Excellent Spirit content in any form.

E. If you do not agree to these terms of use, exit the site immediately, destroy all copies of An Excellent Spirit 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 An Excellent Spirit.com, Legal Department, 2812 Bluffview Drive, Lewisville, Texas 75067, USA.

Affidavit

I hereby certify under penalty of perjury that I possess no copies of the An Excellent Spirit 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 An Excellent Spirit content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the An Excellent Spirit 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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