Perpetual Beta Legal Notices

Terms of Service

By reading, linking to, quoting, printing out, or in any way making use of the Work (as defined herein), you agree to the following terms and conditions of service.

The Domains

These terms of service apply to the web pages located at "the Domains," defined as the domain names "wasylik.net," "perpetualbeta.com," and any other domain name owned in whole or in part by Michael Alex Wasylik, Dineen P. Wasylik, or their agents.

The Author

Unless clearly indicated to the contrary, the "Author" for purposes of these Terms of Service shall be one or more of the following: Michael Alex Wasylik, Dineen P. Wasylik, designated "guest bloggers," and any other person specifically identified as the Author of any part of the Work, as the Work is defined below.

Intellectual Property

The "Work" consists of all text, graphics, code, and any other expression of thought reflected in any way (including this Agreement) on the web pages located at the Domains. The Work shall not include Submissions as defined below. All title, interest, and other rights in the Work are reserved exclusively to the Author except as expressly provided in writing to the contrary.

Use of the Work

The Author reserves all rights in the Work, unless such rights are expressly waived in writing. You agree that you will not display, reproduce, or republish any portion of the Work except as provided herein.

You agree that you will not display, reproduce, or republish any portion of the Work in any medium other than on the World Wide Web, or solicit or cause another person to display, reproduce, or republish any portion of the Work in any medium other than on the World Wide Web. Any display, reproduction, or republication of the Work must include a credit to the Author and a hypertext link to the web page at the Domains on which the portion of the Work appears.

You agree that you will not display, reproduce, or republish any portion of the Work for commercial purposes, or solicit or cause another person to display, reproduce, or republish any portion of the Work for commercial purposes, and you further agree to assign all right, title, and interest, and further forfeit, that any compensation you receive as a result of your violation of this provision.

You agree that no portion of the Work may be admitted into evidence in any court of law, arbitration proceeding, mediation, administrative proceeding before any government agency, or other legal proceeding, without the express written consent of the Author.

You agree to irrevocably waive any right of discovery of the Work, whether by subpoena, interrogatory, request for admission, request for document production, or any other means, in any court of law, arbitration proceeding, mediation, administrative proceeding before any government agency, or other legal proceeding.

Comments

"Submitting a comment" shall be defined as the act of causing any web site available on the Domains to display text in any portion of that web site designated as a "Comments" section, whether such act is accomplished through the submission form or by other means. The "Submission" shall be the text, including all identifying information such as e-mail address, URL, and IP address, which is displayed as a result of the act of Submitting a Comment.

By Submitting a Comment, you irrevocably assign all right, title and interest, whether copyright or otherwise, you may have in the Submission, to the Author of the portion of the Work to which the Submission refers. You agree that the Author may edit or delete the Submission for any reason or no reason whatsoever.

By Submitting a Comment, you warrant and represent that the Submission contains no:

material which infringes on the copyright or other legal rights of any person whatsoever, including defamatory language
obscene or illegal material
advertisements
promotions
endorsements
false, deceptive, or misleading statements
links or references to any web site advertising, promoting, or endorsing any commercial endeavor whatsoever

By Submitting a Comment, you agree that you will not attempt to conceal your identify or falsify any information which may identify you.

Circumvention

You agree not to circumvent or attempt to circumvent the terms of this Agreement.

Use of the Domains

You agree not to use the Domains for any purpose other than that intended by the Author.

You agree not to use any automated means to compile e-mail addresses from this site.

You agree that you will not sell any e-mail address relating to any of the Domains or to any e-mail address published on any web page located at the Domains.

You agree that you will not send unsolicited commercial e-mail to any e-mail address related to the Domains or to any e-mail address published on any web page located at the Domains.

Unauthorized Use

You agree that any violation of this agreement by you, your agents, employees, or employers, constitutes an "unauthorized use" of the computers and computer networks on which the Work was created, transmitted, stored and/or retrieved, as such terms are defined under the laws of the United States of America. You acknowledge that such violation may subject you to criminal and civil penalties in the state of Florida and elsewhere in the United States of America.

Liquidated Damages

You acknowledge that your violation of this agreement may cause damages which are difficult to calculate, and therefore agree that the Author and any other person damaged by your violation of this agreement may recover liquidated damages, amounting to the greater of:

Twenty-Five Thousand Dollars ($25,000.00) per day in which such violation occurs or persists
Any compensation or remuneration you receive in whole or in part as a result of your violation of this agreement
Statutory or other damages available under any applicable law
Actual damages

Dispute Resolution

You agree that you will not threaten, commence or maintain, any suit at law or in equity, under any theory whatsoever, against the Author for claims arising out of your use of any web site located at the Domains, or arising out of the creation, transmission, storage, revision, or deletion of any web site located at the Domains.

You agree that you will submit to binding arbitration to resolve any dispute or claim you may have arising out of your use of any web site located at the Domains, or arising out of the creation, transmission, storage, revision, or deletion of any web site located at the Domains. You agree that such arbitration shall take place in Pasco County, Florida, and that you shall pay the costs of such arbitration. The arbitration panel shall be composed of three arbitrators selected by the Author. You agree that the arbitration panel may not award to you any amount of damages, compensation, or any other award, exceeding the amount of money you have paid to the Author to receive services pursuant to this Agreement.

Disclaimer of Warranty

The information contained in the Work and on the web sites located at the Domains is provided on an "as is" basis, and you acknowledged that the Author makes no representation as to its accuracy, fairness, completeness, or fitness for any purpose whatsoever.

Illegal Purpose

You agree that you will not use the Work or the computers and computer networks on which the work is created, transmitted, stored, or received by you for any illegal purpose.

Governing Law

You agree that this agreement, your use of the Work, and your use of any web site located at the Domains shall be governed by, construed, and enforced in accordance with the laws of the State of Florida and the United States of America.

Jurisdiction

You acknowledge, and waive your right to dispute, that the computers and computer networks on which the Work was created, transmitted, located, stored, and made available to you are located in Pasco County, in the State of Florida, in the United States of America, and you irrevocably consent to personal jurisdiction in the state and federal courts presiding over matters occurring in Pasco County, Florida, in the United States of America.

No Waiver

You agree that the failure of the Author to enforce any provision of this Agreement shall not be construed as a waiver of that or any other portion of the agreement without an express written waiver signed by both parties to the Agreement.

Non-Exclusivity of Remedies

Nothing in this Agreement shall be construed to limit the right of the Author to enforce the terms of this agreement in any court of law or equity which may otherwise have jurisdiction, or to limit the remedies available to the Author or any person acting on the Author's behalf.

Severability

In the event any provision of this Agreement may be found to be void, voidable, or unenforceable by any competent authority, this Agreement shall be construed as if the provision were deleted from the Agreement, and every remaining provision of the Agreement shall be construed as if the deleted provision had never been part of the Agreement.

Terms Subject to Change

You acknowledge that these terms are subject to change without notice, and that your continued use of the Work or any web site located at the Domains constitutes acceptance of the revised terms.

Voluntary Agreement to Terms

You acknowledge that you have read these terms, that you understand them, and that you have had the opportunity to consult with a legal advisor of your choice, and you understand the consequences of your acceptance and your potential violation of these terms.

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