Terms of Use | SMARTMoraga

This is quite preliminary, since we are just getting started.

By using this website or its associated social media accounts (collectively, "site" or "website" or "sites") such as by reading it, clicking on it, submitting anything to it, referencing it, even thinking about it, you agree to be bound by these Terms of Use and Privacy Policy.

Everything in here applies to you, your successors, heirs and assigns (collectively, "you"). If you do not agree with these Terms of Use and Privacy Policy, then you shouldn't be here and aren't allowed to use the site or do any of those other things, and must immediately terminate your use of this website. We think there's an age rule on the internet, so if you're not yet 13, you can't be here. If you're not yet 18, you warrant that you have your parent's permission to be here (though we wonder why you'd want to be here). These Terms of Use and Privacy Policy are subject to change at any time without notice, but any changes will not take effect until posted here. The ones below are effective as of 11/10/17.

The content on this site is contributed, co-contributed, or serially edited (like Wikipedia) by multiple parties ("contributors") and/or curated from multiple sources. Content, images, documents and other material could contain inaccuracies or typos, and we reserve the right to modify any information contained on the site. Neither SMARTMoraga nor its contributors, co-contributors, editors, founders, originators, executives, directors, staff, consultants, members, participants or affiliates (collectively, "we") warrant, either express or implied, that the information is accurate or complete or even cogent. Everything on this site is provided as is, where is, how is. No guarantees as to accuracy or availability. While we endeavor to be fact-based with our own content, we also conduct analysis and draw conclusions. Sometimes we may be subjective or topics may be open to interpretation, so you might not agree with what we say; we express opinions, criticism, and sometimes even satire. We think we're right and also think we're funny. You are free to disagree. If you are uncomfortable with opinions that differ from your own, please do not read our sites. This is a political blog, afterall. As such, it is possible that content may contain rumors, speculation, assumptions, opinions, conclusions and thus either and both factual and/or erroneous information. That said, you shouldn't make any important decisions or parrot our words or do anything stupid without doing your own research (and even then, don't do anything stupid). Our objective is to provoke thought.

In addition to disclaiming any liability whatsoever for anything posted on our sites by us, we disclaim any responsibility and liability for anything associated with stuff we've curated from elsewhere, including but not limited to its accuracy, completeness, or authenticity. Whether we posted it or curated it, we disclaim any and all responsibility and liability, direct or consequential or otherwise, for anything we're legally allowed to, whether we did it or someone else did it. Any and all of it, if it's a problem, it's neither our fault nor our problem, according to these Terms of Use you're agreeing to. Plus, while we're at it, if you cause any problems or are responsible for anyone or any entity causing problems, you agree to indemnify us (meaning "we") and hold us harmless. Your problems are your problems and our problems that you cause, directly or indirectly, are also your problems. We're rubber and you're glue: what bounces off "we" sticks to you.

If you see something to which you object or don't like or feel is inaccurate or inappropriate - including but not limited to copyrighted material, hate speech, misquotes, misattributions, or potentially libelous statements (which would be entirely unintentional on our part) - you agree to contact us first and give us the opportunity to respond to, correct, clarify, edit, or remove same before considering, planning, pursuing or proceeding with anything like, but not limited to, threats of or by lawyers, lawsuits, claims or your angry mom so we may review and consider your input. To do so, please communicate any concerns via the Contact page and we'll consider your submission and act as we feel is most appropriate (there is no guarantee, however, that we will act or, if we do, that you'll be satisfied). To reiterate, this is a political blog and you acknowledge the intent and inherent limitations, style and all other characteristics hereof. Furthermore, you agree that us considering your submission, whether we take any action or not, is your sole and exclusive remedy for anything. Please give us at least ten business days to review and preliminary respond. All decisions related to our sites, content and any modifications thereto are solely and exclusively ours. Our content is copyrighted, so please don't steal it. Our name is trademarked, so please don't co-opt that, either. Speaking of content, we do invite others to submit ideas and will consider your content if it is relevant, good, and free. Decisions regarding the use of content are entirely at our sole discretion. If you give it to us, you can't compel taking it back, although we think we're reasonable.

We aren't responsible for any other website's content or for their terms of use or privacy policies; if you follow a link or reference there, it's between you guys. Our links to other websites or their content are not to be construed as an endorsement by us of the products or services or opinions therein contained.

Copyright and Fair Use Notice: Fair use refers to the right to reproduce, use and share copyrighted works of cultural production without direct permission from or payment to the original copyright holders. It is a designation that is assigned to projects that use copyrighted materials for purposes that include research, criticism, news reporting and teaching. When a project is protected under fair use provisions, the producers of that project are not subject to sanctions related to copyright infringement. The maintenance of fair use protections is central to many non-profit and education projects, especially those that operate in digital and online spaces.

This website may contain copyrighted material, the use of which has not been specifically authorized by the copyright holders. In accordance with Title 17 U.S.C. Section 107, such material is distributed without profit and at no cost for entirely non-profit educational purposes in an effort to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, and for research and educational purposes. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.

You agree not to mess or attempt to mess with: the site (meaning the technical stuff), its content, or its originators or contributors or the others defined as "we". We are private citizens and not public figures, either. Rules. We reserve the right to ban or otherwise restrict visitors, users or subscribers for any reason at any time without notice. Basically, it's our website and we will do what we want and how we want, unless it's illegal or if it says somewhere in here we wouldn't do it (like sharing information - see next section).

We take your privacy (as it relates to using this site) seriously. We do not knowingly collect personally identifiable information without you initiating it (e.g. subscribing to the blog or submitting comments). We won't share your information with third parties unless required to do so by law. We won't divulge your name or email address to people you don't want to know you are here or subscribing or contributing (again, unless required by law). Keep in mind that we are using a blogging platform and hosting service, so they might collect something. That's on them. Same goes for any links you might follow to external sites: between you and them. The site probably most definitely uses cookies to track what you look at, and maybe some other techniques and analytics software for similar purposes. We'll use all the aforementioned information to improve your experience here, if we ever get around to finding where that information might be and how to actually use it at all. For subscriptions or contact us/comments, our intent is only to use your information for that or to respond to you as appropriate for subscriptions or comments/contact us items.

We're really here to communicate with you for free, and let you read what we write for free. Thus, in no event, including but not limited to snow, rain, heat nor gloom of night, or anything we do or don't do, or should or shouldn't do, shall we be liable to you for more than you paid for access to or use of this site (i.e., limited to zero). Nada. Zilch. No warranties express or implied; no liability for incidental or consequential damages, or any other types of damages that might exist, even if we are grossly negligent and anything less worse or more worse than that.

If there is a beef between us, you agree to resolve it amicably like mature adults, though we reserve the right to have a rabid dog fight our end of the battle. If it goes beyond that, like with lawyers and stuff, you agree to limit it, solely and exclusively, to arbitration in the State of California. Everything in here is governed by the laws of the United States and the laws of California and, if one is more favorable to us than the other, then that's the one that applies. Also, if there is any ambiguity with respect to interpreting these Terms of Use and Privacy Policy, our interpretation is binding and final.

In addition to the Terms of Use and Privacy Policy above, we also hereby incorporate by reference the most protective (for us) Terms of Use and Privacy Policy that exists on the internet, just to be safe.

Finally, if there is anything in here that isn't allowable, that doesn't mean the rest isn't allowable (severability) and if anything conflicts with anything else, the more restrictive part (for you) and more beneficial part (for us) applies.

By using this site as herein described or similarly so, you agree to be irrevocably bound by the foregoing. If you do not agree with any of these Terms of Use or Privacy Policy, please do not use this site.