Terms of Service

USER AGREEMENT

Here at the Philly Law Blog we don’t take much seriously.  However, what we do take seriously are censorious and litigious asshats who abuse the civil court system to try and muzzle free speech.

The terms below are meant to protect us from frivolous lawsuits and to make sure people who use our content attribute it back to us.  If that isn’t you, you shouldn’t be very concerned about this stuff.  Though you should still read it.

CONSIDERATION

This agreement is legally binding in exchange for allowing you access to our content.

THIS IS NOT LEGAL ADVICE

This blog is created by its sponsors, Jordan Rushie (“Jordan”) and Leo M. Mulvihill, Jr. (“Leo”), collectively “We” or “Philly Law Blog”.

As we develop this blog, you may see examples of cases, either of others or those we have personally handled, that are used for illustrative purposes. As all cases are different, and legal authority may change from year to year, it is important to remember that prior results in any particular case do not guarantee or predict similar outcomes with respect to any future matter, including yours, in which any lawyer or law firm may be retained.

Some of the commentary may be become outdated. Some might be a minority opinion, or simply wrong. No reader should consider this site (or any other) to be authoritative. If you, the reader, are confronted with a legal issue is, you should contact an attorney of your own choosing for advice.

Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

In short, don’t rely on our blog posts when making decisions that affect your legal rights.  Consult with a lawyer, not a blog.

(This disclaimer was mostly shamelessly stolen from Eric Turkewitz. We didn’t even ask his permission).

USE OF OUR CONTENT IN OTHER PLACES

You can use anything on this blog provided you link back to us and reference it.

Creative Commons License

Philly Law Blog by A. Jordan Rushie and Leo Mulvihill, Jr. is licensed under a Creative Commons Attribution-ShareAlike 3.0 United States License, and based on a work at www.phillylawblog.com. Don’t steal our ideas, bro…

•••

COMMENTS POLICY

Philly Law Blog is political speech, published them for educational and political reasons. No money is made off of it. Any and all opinions on the site are those of Philly Law Blog, unless such statements are in the form of blog comments, in which case the opinions are those of the commenter, individually. Philly Law Blog does not generate money, nor does it edit the content of any comments placed on it. If you have a problem with one of the comments, your problem is with the author of the comment, not with us. We also suggest you read 47 USC Section 230 very carefully if you’re contemplating a lawsuit based on a comment posted here.  It will not end well for you, trust me.  That said, if a comment offends you, or you’re think it’s unfair, feel free to contact either Jordan or Leo and we will try and resolve it.

We reserve the right to moderate, edit, or delete comments.  We also reserve the right to refuse to publish your comments.

Abusive, offensive, profane, or racist comments, or those that or violate the terms of service for this blog’s host provider may be removed and the author banned from future comments.

If your comments have any of the following, according to our sole judgment, we may delete them and ban you from commenting in the future: name-calling, personal attacks, racist comments, profanity, sexual content, or general assholery.

By submitting a comment, you agree that you will never sue, grieve, or complain to anyone about the use that we make of the letters you have typed.

You agree to all of this:

  • Reading and posting comments on this blog constitutes acknowledgment of and agreement to the terms outlined in this comment policy. This comment policy may be revised in part or in full at any time.
  • This blog does not give legal advice. You pay for legal advice. This is free.
  • Comments cannot violate applicable state and federal laws.
  • Commenters are solely responsible for the content of their comments and should ensure that that their comments are lawful and fall within the stated guidelines of both this blog and its hosting company.
  • This blog is not be responsible for injury or liability to any reader or commenter resulting from its own communications or those of commenters, that may be offensive, misleading, inaccurate, illegal, or otherwise unsuitable in the reader’s view.
  • Readers and commenters further agree to indemnify and hold harmless Philly Law Blog, A. Jordan Rushie, and Leo Mulvihill, Jr. from any claim resulting from the use of any material appearing on Philly Law Blog  that damages the reader, commenter, or any other party.
  • Philly Law Blog is not responsible for any material posted in the comments section, regardless whether we agree with the points expressed in them. This is an opinion site. The material posted by this blog or left in the comments section may or may not be accurate.
  • Read and post at your own risk.

•••

NOTICE OF CLAIMED INFRINGEMENT

We respect the intellectual property of others, and we ask our readers to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If You believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Publisher’s Designated Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. Description of the copyrighted work or other intellectual property that You claim has been infringed;
  3. A description of where the material that You claim is infringing is located on a Site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
  7. You may send your Notice of Claimed Infringement to:A. Jordan Rushie
    2424 East York Street, Suite 316
    Philadelphia, PA 19125
    p: 215.385.5291
    f: 215.525.0909
  8. When the Designated Agent receives a valid Notice, we will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within ten to fourteen (10-14) days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.

•••

BLACKLIST

The following individuals or organizations are “blacklisted” and may NEVER read any posts on this site, nor may they ever use any materials from our site, without prior written permission:

1.  Joseph Rakofsky and/or anyone here on his behalf

2.  Any member, employee, agent, or anyone else in any way affiliated with or acting on behalf of The Rakofsky Law Firm, P.C.

3.  Any person or entity who has ever been a plaintiff in a defamation lawsuit

4.  Any employee or attorney affiliated with the Boro of Sayreville

5.  Any person employed by or affiliated with the St. Thomas School of Law

6. Crystal L. Cox and/or anyone here on her behalf. (Crystal and her friends can comment here)

7. Brett Kimberlin or anyone here on his behalf

Any unauthorized use is, apparently, a violation of 18 USC §1030 and will be prosecuted accordingly.

(This idea was shamelessly stolen from Marc J. Randazza.)

BINDING AGREEMENT

You manifest your agreement to this User Agreement by taking any act demonstrating Your assent thereto. Reading or accessing Philly Law Blog, clicking any link thereupon, or placing a comment on Philly Law Blog manifests your intent to be bound by all of these Terms & Conditions. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract.

DISCLAIMER AND INDEMNIFICATION

A. You also agree to defend and indemnify A. Jordan Rushie and/or Leo Mulvihill should any third party be harmed by Your illegal or tortious actions or should we be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party.

B. You agree to defend, indemnify, and hold harmless A. Jordan Rushie and/or Leo Mulvihill against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your (or while under another person’s authority including without limitation to governmental agencies), use, misuse, or inability to use the Site or any of the Materials contained therein, or Your breach of any part of this User Agreement.

LIMITATION OF LIABILITY

In no event shall A. Jordan Rushie or Leo Mulvihill, be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including (but not limited to), damages for loss of profits, loss of information, business interruption, revenue, defamation, invasion of privacy, or infliction of emotional distress (intentional or negligent), which may arise from any person’s use, misuse, or inability to use of Philly Law Blog any of the materials contained therein, even if we have been advised of the probability of such damages.  You agree and stipulate that actual damages are only recoverable up to $500.

ATTORNEY’S FEES

If you sue Jordan, Leo, or Mulvihill & Rushie LLC, in connection with Philly Law Blog, and we are successful, you are responsible for paying our attorneys fees.

JURISDICTION AND VENUE

Any and all disputes must be must be resolved in Philadelphia, Pennsylvania.

Dated:  January 23, 2012

Updated: April 1, 2012, to add Crystal L. Cox to the blacklist

Updated: May 20, 2012, to add Brett Kimberlin to the blacklist

Updated: July 1, 2012, Crystal L. Cox and her friends can comment here. Well, they’ve been commenting here, but it’s fine.

2 Responses to Terms of Service

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