Thursday, February 05, 2004
Pejman will own your soul
Perusing his blog, I stumbled upon his legal agreement, which is quite elaborate (he is a lawyer, after all).
That's painful, although I'm skeptical as to how long it'd last before a judge would throw it out.
However: Pejman, I'd be honored to serve as a member of your arbitration panel should the need ever arise.
"2. In exchange for the access to the content of Pejman Yousefzadeh's Websites, described above, you agree not to sue Pejman Yousefzadeh for the contents of Pejman Yousefzadeh's Websites, whether original, or linked, or quoted from any source, in any court, on any grounds whatsoever in law or in equity. Should you violate this agreement by filing such a lawsuit, you agree to pay the owner or owners of Pejman Yousefzadeh's Websites the sum of one million dollars ($1,000,000) as liquidated damages, in addition to all court costs, attorney's fees, and other expenses associated with this litigation, and you agree to indemnify and hold harmless Pejman Yousefzadeh's Websites and its owner or owners from any damage award made against them in such an action. Should this agreement not to sue be held unenforceable by a court of competent jurisdiction, you agree to binding arbitration, with all arbitration expenses to be paid by you. The arbitration panel shall be composed of three (3) weblog operators selected by the owner or owners of Pejman Yousefzadeh's Websites from those in the links on Pejman Yousefzadeh's Websites. The award to you, if any, in such arbitration, shall be limited to (1) a monetary sum not to exceed one dollar ($1); and (2) the publication of a retraction on the pertinent individual site that is part of Pejman Yousefzadeh's Websites. Should this arbitration provision be held unenforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against the owner or owner of Pejman Yousefzadeh's Websites a monetary sum not to exceed one dollar ($1), and that you will be entitled to no other relief of any kind, either in law or in equity. You agree that all disputes concerning the content of these Terms of Use or the content of Pejman Yousefzadeh's Websites are to be resolved in the courts of Orange County, California, under the laws of California and the United States of America. "
That's painful, although I'm skeptical as to how long it'd last before a judge would throw it out.
However: Pejman, I'd be honored to serve as a member of your arbitration panel should the need ever arise.
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