Last revised: July 14, 2024
Your use of this website (the “Website”) is subject to these Terms of Use (the “Terms”) and the Privacy Policy, incorporated into these terms by reference.
If you do not agree to these Terms, I ask that you simply do not visit this Website.
1. Access to the Site
1.1 License. Subject to these Terms, I grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your own personal, noncommercial use. There’s nothing fancy to see here – just a bunch of links. Accordingly, (a) you may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit my Website, whether in whole or in part, or any content displayed on the Website (unless you are the authorized publisher of that content); (b) you may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of my Website (and why would you want to?); and (c) except as expressly authorized by me, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
1.2 No Support or Maintenance. This Website is hosted by GoDaddy. It’s basic. Please do not expect any support or maintenance.
1.3 Ownership. All the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Website and its content are owned by me or third-party licensors. You are not acquiring any intellectual property rights in any of the content on my Website and there are no implied licenses that would indicate otherwise.
1.4 Feedback. If you provide me with any feedback or suggestions regarding the Website (“Feedback”), I might actually use it. Therefore, by providing me Feedback, you grant me a really broad license to that Feedback (in legalese, that license would be nonexclusive, perpetual, and irrevocable and allow me to reproduce, publicly perform, publicly display, create derivative works of, and distribute that Feedback).
2. Disclaimers
I’m providing this Website on an “AS IS” basis, and I disclaim all applicable warranties, to the fullest extent permitted by law (including warranties of merchantability, fitness for a particular purpose, title, and non-infringement). If you live in a jurisdiction that won’t let me make the above disclaimer, then the preceding sentence does not apply to you.
3. Limitation on Liability
This Website is free. There’s little on it. Please don’t sue me. If you do, I will try to use this contract to limit my damages to you to $50, with the following language: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL I BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF I'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, MY LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF USD$50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
4. General
4.1 Changes. I may occasionally change these Terms. Your continued use of the Website is subject to any changes.
4.2 Dispute Resolution. If you have an issue with the Website (or me), let’s try and resolve things amicably first. There’s no need to run to court over a free website that has nothing but a bunch of links and an occasional opinion. If you do decide to sue me, please do so in New York, where I’m located and there is a sophisticated body of law interpreting online terms like these. (Spoiler alert: since these terms are in a browsewrap, you probably don't have to sue me in New York. I'm just politely asking you to). I’ve drafted these Terms to be consistent with New York law and will seek to have New York law govern any interpretation of them. I’m also open to arbitration if you’d like to go that route. If you do, let’s use arbitrate under the following terms:
(a) Email me your notice of intent to initiate arbitration at rachel.landy@yu.edu.
(b) The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.
(c) A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request should also include counsel’s name, telephone number, mailing address, and email address. This will allow me to check in with counsel to make sure the claim is serious.
Unless we agree otherwise, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.
Let's agree that all materials and documents exchanged during the arbitration proceedings will be kept confidential and not be shared with anyone except our attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
4.3 Entire Terms. These Terms and the Privacy Policy are the entire agreement between you and me regarding your use of my Website. My failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
4.4 Copyright/Trademark Information. Copyright © 2024 Rachel Landy. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Website are my property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
5. Contact Information: rachel.landy@yu.edu