2. Description of Service
MorganLinton.com is a personal blog written by domain name investor Morgan Linton. All of the advice and recommendations made on the blog are for entertainment purposes only.
3. Information Supplied
When using our service, we may collect your name, e-mail address, and other information we deem relevant.
In addition to providing us with the above information about yourself, you must be at least thirteen years of age or older to use our service. This is because we are prohibited by the Children’s Online Privacy Protection Act from collecting information from anyone below that age. We apologize for any inconvenience this may cause.
MorganLinton.com may contain certain forward-looking statements or other statements about domain investing, whether generally or specifically. These statements may be inaccurate, or the factors upon which they are based may be subject to change. As such, you agree that the statements on MorganLinton.com are made for entertainment purposes only, that you are solely responsible for any investment decisions that you make, and that you release Morgan Linton and Linton Investments LLC from any liability relating to your use of MorganLinton.com.
5. Rules of Conduct
When accessing MorganLinton.com, you agree that you will not:
- Violate any provision of law applicable in the State of Delaware or anywhere else in the United States.
- Violate any applicable legislation, treaty, or other rule in force of the United States or any other political entity having jurisdiction over this Agreement, you, Linton Investments LLC, Morgan Linton, or the website or service that is provided through MorganLinton.com.
- Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of MorganLinton.com’s Site, Service, or Users.
- Infringe on anyone’s intellectual property rights.
- Defame anyone.
- Defraud, mislead, or otherwise act dishonestly.
- Otherwise act in a manner which, at Linton Investment LLC’s sole discretion, is objectionable, or which may bring Linton Investment LLC into disrepute.
6. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, copying user comments (whether or not we own the full rights to it, as copying it still harms our network capacity, and we may have a copyright in the arrangement of the data).
7. Your Copyright
Our website may, but is not obligated to, permit user-uploaded content, including but not limited to user comments on MorganLinton.com’s blog posts. Because of this, we must ensure that all content uploaded to us may be used legally by us without having to remove it at a later date due to a revocation of license by the uploading user, or a copyright complaint by the rightful owner. Therefore, by uploading any content to our site, you agree that you grant us a universal, perpetual, sublicensable, commercial and non-commercial, irrevocable license to use such content, and that you represent to us that you have the right to grant such a license. You agree to indemnify us as well as any third party affected by your wrongful representations if you should represent falsely that you have the right to grant this license.
“Morgan Linton” and “Linton Investments” are names used by us, Linton Investments LLC, to uniquely identify our website, business, and service. You agree not to use these marks anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
9. Revocation of Consent
Where Linton Investments LLC has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
10. DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to our Copyright Agent at email@example.com.
Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.
11. Communications Decency Act
We may, but are not obligated to, permit users to upload content to our website. Although our Rules of Conduct prohibit users from posting defamatory material, we cannot ensure that it does not occur due to our limited editorial resources. Under Section 230 of the Communications Decency Act, we are not liable for defamatory material published by third parties (such as our readers making comments) on our Site.
We recommend that you report any alleged defamation by third parties to us with full details of who you are and how the material is defamatory and, if we agree it is defamatory, we may remove it. However, do not attempt to sue us, whether or not we remove such material, as we are not liable due to the Communications Decency Act and will attempt to recover any attorneys’ fees, costs, and disbursements from you that are incurred as a result of defending against such an unfounded lawsuit.
Additionally, due to the SPEECH Act 2010, you cannot attempt to sue us in another country for defamation and then attempt to domesticate the judgment in the United States to enforce it.
If you believe that Linton Investments LLC, rather than a third party, has posted defamatory material, please contact us with full details at firstname.lastname@example.org so that we can mitigate any loss as soon as possible.
12. Representations & Warranties
We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our products, for reasons including, but not limited to, failure of our service, loss of income, negligence, or any tort or other cause of action. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we are not responsible in any way for offers made by third parties through our website.
We are not liable for any failure of our service, including any failures or disruptions, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
You acknowledge and agree that the investment-related statements that may be made through MorganLinton.com may not actually be accurate, and that you release Morgan Linton and Linton Investments LLC from all liability relating to such statements. You are instructed that you should not rely on such statements when making any financial or other decisions.
The provision of our service to you is contingent on your agreement with this and all other sections of this Agreement.
Nothing in the provisions of this “Representations & Warranties” section shall be construed to limit the generality of the first paragraph of this section.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it—this includes any damages which result from your repetition of the information found on our website, whether investment-related or otherwise. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
14. Choice of Law
This Agreement shall be governed by the laws in force in the State of Delaware. The offer and acceptance of this contract is deemed to have occurred in the State of Delaware.
15. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Delaware. Specifically, you agree that any disputes shall be heard, where eligible, solely within the lowest court of competent jurisdiction having the authority to hear civil matters in the State of Delaware (“Small Claims Court”).
You agree that where the amount you would otherwise claim exceeds the monetary jurisdiction of the Small Claims Court, you will waive your right to collect any damages in excess of the monetary jurisdiction and instead only sue us for the maximum amount over which the Small Claims Court has monetary jurisdiction.
Likewise, if you have multiple causes of action, you agree that if your claim would be eligible to be heard by the Small Claims Court, except that one or more of the causes of action or other rights to collect damages would not be eligible for the Small Claims Court to hear, you will waive your right to claim damages for any of the ineligible claims and instead still bring the dispute in the Small Claims Court for only the claim or claims over which the Small Claims Court has jurisdiction to hear.
Likewise, if you would otherwise have any remedies available to you outside of the Small Claims Court, such as the right to an injunction, specific performance, or other equitable relief, you agree that, if the Small Claims Court has no jurisdiction to grant such relief, you will waive your right to obtain such relief against us.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Linton Investments LLC shall have the sole right to elect which provision remains in force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
Last Modified: April 12, 2013