July 24, 2004

By reading, linking to, quoting, printing out, or in any way making use of my weblog's content in any means, place, or forum, you agree to the following:

1. All original content of Odd Quanta is copyrighted by Odd Quanta's owner, presently Brad Rubenstein, and is not to be used without permission except as provided herein. Odd Quanta, OddQuanta.com, and "Strange bits of irreducible phenomena" are all trademarks belonging to Brad Rubenstein. In using Odd Quanta you recognize that Odd Quanta is primarily a guide to content on the Web, that all content is provided on an as-is basis, and that no factual statement on this site should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that it is true. These terms of use are subject to change, and should be reviewed regularly.

2. Permission is granted to read, quote, cite, link to, print out or otherwise use Odd Quanta content, so long as you comply with the terms below.

A. All quotations from Odd Quanta will include credit to Odd Quanta or to Brad Rubenstein and, wherever practicable, a hyperlink of the form http://OddQuanta.com ... to the site.

B. In exchange for the access to Odd Quanta content described above, you agree not to sue Odd Quanta for its content, whether original or linked or quoted from another source, in any court, on any grounds whatsoever in law or equity. Should you violate this agreement by filing such a lawsuit, you agree to pay Odd Quanta's owner or owners the sum of one million dollars ($1,000,000) as liquidated damages, in addition to all attorney's fees, court costs, and other expenses associated with this litigation, and to indemnify and save harmless Odd Quanta and its 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 shalll be composed of three (3) weblog operators selected by Odd Quanta's owners or operators from those in the links list on the Odd Quanta site. The award in such arbitration shall be limited to (1) a monetary sum not to exceed $10; and (2) the publication of a retraction on the Odd Quanta site. Should this arbitration provision be held uneforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against Odd Quanta the sum of ten dollars ($10), and you agree that you will be entitled to no other relief of any kind in law or equity. You agree that all disputes concerning these terms of use or the content of OddQuanta.Com are to be resolved in the courts of Knox County, Tennessee, under the laws of Tennessee and the United States of America.

C. You agree that efforts to obtain Odd Quanta content in violation or circumvention of these terms of use constitute a violation of Odd Quanta's copyright and you understand and agree that (1) by virtue of this agreement you are estopped from arguing otherwise: and (2) such violations may lead to civil or criminal penalties.

D. If you are a corporation, you agree to provide, upon the filing of any lawsuit or the mailing of any letter threatening legal action, a bond in the amount of one million dollars ($1,000,000) as security against the liquidated damages provided for in paragraph 2.B. above. If you are an attorney or law firm representing a party filing such lawsuit or causing such a letter to be sent, you agree to provide a bond in the same amount as security against the liquidated damages provided for in paragraph 2.B. above unless you have never accessed, viewed, read, or otherwise made use of Odd Quanta content in any form.

3. If you do not agree to these terms of use, exit the site immediately, destroy all copies of Odd Quanta content remaining in any form on your computer, any other computer or network device under your control, in print form, or on any information storage or retrieval device that you possess or control. Then execute the following affidavit and send it by certified mail to OddQuanta.Com, Legal Department, 5401 Kingston Pike, Suite 285, Knoxville, TN 37919:

Affidavit

I hereby certify under penalty of perjury that I possess no copies of the Odd Quanta website in any form whatsoever; that neither I nor any employee or associate will access that site in the future in any form whatsoever; that I will immediately destroy any copies of OddQuanta content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the Odd Quanta Terms of Use, subjecting me to possible civil and criminal liability.

_________
Signed (include date)

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Witnessed (notary)

Notary Seal:

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