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 Windypundit is copyrighted by Windypundit's owner, presently Mark Draughn, and is not to be used without permission except as provided herein. Windypundit, Windypundit.com, www.windypundit.com, the Windypudit swoosh logo, and "Commentary about government, economics, crime, and technology...with a midwestern twang" are all trademarks belonging to Mark Draughn.

2. In using Windypundit you recognize that Windypundit consists primarily of personal commentary and opinion, 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.

3. Windypundit may contain Protected Health Information (PHI) such as descriptions of ailments, general health status, health insurance coverage, or other personal and sensitive information related to a person's health care as defined by the Health Insurance Accountability and Portability Act (HIPAA). You, the recipient, are obligated to maintain it in a safe, secure and confidential manner. Re-disclosure without additional consent or as permitted by law is prohibited. Unauthorized re-disclosure or failure to maintain confidentiality could subject you to civil or criminal penalties described in federal and state law.

4. Permission is granted to read, quote, cite, link to, print out or otherwise use Windypundit content, so long as you comply with the terms that follow.

A. All quotations from Windypundit will include credit to Windypundit or to Mark Draughn and, wherever practicable, a hyperlink of the form http://www.windypundit.com... to the site.

A.1 This Terms of Use page includes extensive quotes from Instapundit's Terms of Use page, so in keeping with the Instapundit Terms of Use, all quotations from this Terms of Use page will include credit to Instapundit or to Glenn Reynolds and, wherever practicable, a hyperlink of the form http://instapundit.com... to the Instapundit site.

B. In exchange for the access to Windypundit content described above, you agree not to sue Windypundit 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 Windypundit'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, defend, and hold harmless Windypundit 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 Windypundit's owners or operators from those in the links list on the Windypundit 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 Windypundit site. Should this arbitration provision be held uneforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against Windypundit 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 Windypundit.Com are to be resolved in the courts of Cook County, Illinois, under the laws of Illinois and the United States of America.

C. You agree that efforts to obtain Windypundit content in violation or circumvention of these terms of use constitute a violation of Windypundit'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 Windypundit content in any form.

5. If you do not agree to these terms of use, exit the site immediately, destroy all copies of Windypundit 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 Mark Draughn, Legal Department, 6351 W. Montrose Ave., Suite 202, Chicago, IL, 60634:

Affidavit

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

 

 

 

 

 

My commission expires: ______________

These terms of use are subject to change, and should be reviewed regularly.