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Site Terms

Updated 16 Oct 2006

Welcome to myshortpencil.com, home of Jerry Moore's Scotia-Glenville CSD Commentary and Information Pages, and subwebs for other school districts.  This website, and all its subwebs, are for educational and/or entertainment purposes only.  Your use of this website constitutes an agreement between us that you will use this site solely for educational or entertainment purposes.

I endeavor to maintain the accuracy of information in publications I author.  While I have taken reasonable care in compiling information and endeavor to present up-to-date information, I cannot guarantee that inaccuracies will not occur.  My primary pages are date-stamped and many articles are dated to assist you in evaluating the timeliness of the information I provide.  I believe the information I provide is a worthwhile public service for many who visit my website; however, I will not be held responsible for any loss, damage, emotional distress, or inconvenience caused as a result of any opinion, inaccuracy, or error within these pages. 

All types of information may change rapidly.  Virtually all information is subject to differing interpretations, from reasonable to unreasonable.  Before relying on any information from this site in a matter of importance to you, check it thoroughly.  I make no warranty or guarantee regarding the outcome of the use of the information supplied on or through this website.

Additionally, many links from my site lead to pages maintained by other organizations and go to information that is not directly approved or recommended by me. These are provided purely for your convenience, sometimes at the request of the users of my website.  In many cases I have not evaluated the entire contents of the sites.   The links to these sites do not imply that I endorse or support the linked organizations, the information on their pages, or their products or services in any way.   I cannot assume any responsibility for the contents of their pages.

If you discover any information on my pages which you believe to be inaccurate or inappropriate, please send email to me at Jerry@allthelaw.com.

NEITHER JERRY MOORE, THE DNS HOST, ANY PERSON HAVING ANY DEGREE OF CONTROL OVER CONTENT OR ACCESS, NOR MYSHORTPENCIL.COM (COLLECTIVELY REFERRED TO AS "THE PROVIDERS") MAKE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE MYSHORTPENCIL.COM SITE OR ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE. ALL INFORMATION OR CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. THE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE SITE AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR AGAINST INFRINGEMENT. IN NO EVENT WILL THE PROVIDERS, ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE TO ANY USER FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE SITE, THE INFORMATION THEREON, WHETHER POSTED BY MYSHORTPENCIL.COM, THE PROVIDERS, OR THIRD PARTIES, ITS CONTENT OR ANY ERRORS OR OMISSIONS IN ITS CONTENT.

ANY LIABILITY OF THE PROVIDERS, ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS AND ANY OTHER INFORMATION PROVIDERS, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO MYSHORTPENCIL.COM BY OR ON BEHALF OF YOU IN CONNECTION WITH THE MYSHORTPENCIL.COM SITE IN THE TWELVE MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE, OR TO FIVE DOLLARS, WHICHEVER IS GREATER.

Myshortpencil.com reserves the right, at its sole discretion, to change any and all policies and terms of use and will notify users of any such changes by online postings or as noted in the documents and site terms themselves. Your continued use of this service after the posting of any amended policies and terms of use shall constitute your agreement to be bound by those changes. These terms of use will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You hereby agree that any dispute you may have with respect to myshortpencil.com or its services thereon will be subject to arbitration in accordance with the laws of the State of New York or the Federal Arbitration Act, as applicable, and such arbitration must be commenced in Schenectady County, New York within one year after the alleged cause of action arises.

Chat rooms, bulletin boards, forums and discussion groups

The services of myshortpencil.com allow users to place materials on the site, including communications with other users. It is the policy of myshortpencil.com to encourage this type of use. It reserves the right, however, to regulate this aspect of the service at its own discretion. Users may not post or transmit information or materials that would violate rights of any third parties or which contain a virus or harmful components. Myshortpencil.com reserves the right to remove or edit messages or materials submitted by users in its sole discretion without prior notice of the same.

By placing information or material on the site, you hereby grant to myshortpencil.com, its divisions, subsidiaries, affiliates and related entities, a royalty free, perpetual, irrevocable and nonexclusive right and license to use, copy, modify, display, distribute, and reproduce all such materials in any form, media, software or technology of any kind now existing or hereafter developed. You also agree to indemnify and defend and hold myshortpencil.com, Jerry Moore, other site managers or group leaders, and all other persons having any element of control over content or access, harmless against any claims or causes of action arising from the use or distribution of materials you post. You further grant myshortpencil.com the right to use your name in connection with the reproduction, distribution or use of such materials.

To the extent you may participate in forums, discussion groups, bulletin boards or chat rooms regarding communications with third parties, you understand that these services, as well as others on myshortpencil.com, may contain facts, views, opinions, statements or recommendations of third party individuals and organizations. Myshortpencil.com does not represent or endorse the accuracy, correctness or reliability of any of the foregoing or any such other information that may be displayed, uploaded or distributed through myshortpencil.com. By using myshortpencil.com, you acknowledge that any reliance upon any such information by you shall be at your sole and exclusive risk.

Language posted by third parties may sometimes be or appear to be threatening, abusive, vulgar, discourteous or criminal.  Myshortpencil.com supports the broadest use of speech (words only) consistent with the Constitutions of the United States of America, and the State of New York, and the statutes thereof, and strives to provide appropriate forums for this expression.

Words are intended to convey emotions, as well as facts and opinions.  Sometimes facts are distorted or misstated, either intentionally or unintentionally, to convey the depth of the writer's feeling or to communicate other legitimate aspects of protected speech, such as creativity, art, and humor, some aspects of protected speech being difficult to express through this medium and without face-to-face contact.  Writers may be more or less successful in achieving their intended purposes, however, even unsuccessful attempts are permitted on this site.  Users of myshortpencil.com must agree to interpret all statements posted on this website as being intended to express the depth of the writer's emotions and other lawful communications, and not as an intent to violate any civil or criminal law.  It is specifically required that readers not accord the plain meaning of words to speech that sounds threatening, or otherwise unlawful, if it is possible, however unlikely, to interpret the speech in a manner that makes it lawful.  Writers of messages must agree not to post any speech with the intent to violate any law.

In the event of inconsistencies between terms, guidelines and conditions appearing elsewhere on this site, the terms located at http://www.myshortpencil.com/siteterms.htm,  shall supercede all others.

Copyright Statement

The content of my web pages is protected under Copyright to Gerald A. Moore, unless otherwise indicated.  All rights reserved.  No information, material or images contained in my pages may be reproduced, retrieved, quoted or otherwise used without expressed written consent from me.

The law may provide for exceptions.  For more information on copyrights, please see The Copyright Website or visit Stanford University's Copyright and Fair Use web page.

 

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