Warning: reading this may make you cross-eyed!

DISCLAIMER AND TERMS OF USE AGREEMENT (“AGREEMENT”)

BEFORE USING THIS WEBSITE, PLEASE READ THIS AGREEMENT, A LEGALLY BINDING INSTRUMENT WHICH GOVERNS YOUR USE OF THIS WEBSITE.

IF YOU DO NOT FIRST READ OR AGREE WITH THIS AGREEMENT IN FULL AND UNCONDITIONALLY, DO NOT USE THIS WEBSITE

This Webpage and all of its contents, data, design, diagrams, files, forms, graphics, information, layouts, logos, photographs, service marks, sounds, source code, tables, text, URLs, whether contained in or generated by the software, and accompanying data (hereinafter referred to as "Website") are and shall remain the sole property of Michael Menaster and presented for educational purposes to the public. Neither title nor intellectual property rights are transferred to You, but shall remain with Michael Menaster, who irrevocably owns full and complete title. Michael Menaster grants You a non-exclusive, but wholly revocable limited license, to Use (as defined hereinafter) this Website only to download only one (1) copy of the material on one computer for Your personal, non-commercial home Use only, provided that You do not alter this Website in any manner whatsoever. By accessing, executing, displaying, browsing, and/or using (hereinafter referred to as "Using" and "Use") this Website in any manner whatsoever, You expressly and irrevocably agree to comply with and be bound by this Agreement, which, because of the dynamic nature of this medium, may change from time to time without prior notice and with or without cause. Any changes and/or modifications shall become effective immediately upon posting of the same herein. Therefore, please review this Agreement from time to time. Your continued Use of the Website following the posting of changes and/or modifications will constitute Your acceptance of this Agreement. If You do not agree to these terms and conditions without protest or qualification, do not Use, retransmit, or download anything from this Website and immediately destroy any copy(ies) of that which You have downloaded.

SCOPE OF PROPER USE OF THIS WEBSITE CONTENTS AND MATERIALS
Michael Menaster hereby authorizes You to view and download this Website, subject to the terms and conditions set forth herein. You may Use this Website exclusively for home-based, lawful, personal, non-commercial, educational, and informational purposes. “Lawful,” as used herein, includes, but is not limited to, obedient to any and all federal, foreign, state and local statutes, laws, rules, regulations, ordinances, codes, permits, licenses, policies, and rules of statutory and common law. This Website is intended only for Your informational and education purposes and does not establish or serve as a substitute for professional advice, recommendations, or counsel of any nature whatsoever. Your Use of this Website for any other purpose is not intended, constitutes a violation of Michael Menaster’s intellectual property rights, and is strictly prohibited without the prior express, written permission of Michael Menaster, who irrevocably reserves the right to refuse permission of the same. If You have or believe that You have a personal or professional problem, issue, or concern, please contact a qualified professional immediately. You agree not to assist in or represent, in any manner whatsoever, that You have any direct or indirect ownership interest in this Website or its contents thereof.

MISUSE OF THIS WEBSITE
You irrevocably agree not to permit, assist in, or post or transmit to, via, or from this Website any unlawful, deceitful, harassing, threatening, offensive, defamatory, hateful, slanderous, offensive, violent, controversial, misleading, vile, distasteful, tortious, objectionable, libelous, obscene, indecent, or pornographic materials, or any other content or materials that intended to violate or would violate any law or rights of others, including, but not limited to, any domestic or international laws against copyright infringement, and rights of privacy and publicity, and the enjoyment and/or education of others who wish to Use this Website.

Some software from this Website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: into, or to a national or resident of, any country to which the United States has placed an embargo, including, but not limited to, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; to everyone on the United States Treasury Department's Specially Designated Nationals List, and the United States Commerce Department's Table of Denial Orders. If You download or Use said software, You represent and warrant that You are not located in, or under the direct or indirect control of, acting as an agent of, or a national or any such country on any such list.

In addition, You expressly, irrevocably, and in perpetuity agree not to permit, assist in, or frame, inline, copy, broadcast, publish, republish, resell, upload, rewrite, reproduce, redistribute, distort, alter, misappropriate, assign, delegate, sell, translate, license, sublicense, incorporate Website into any works in any format or medium currently known or later developed, adapt, publicly perform and publicly display, or modify in any other way in part or in whole, directly or indirectly, including, but not limited to, the Use of data mining, robots, crawlers, spiders, site search/retrieval applications, decryption, deciphers, disassemblers, reverse assemblers, decompilers, mirroring techniques, reverse engineering methods, or other data gathering or extraction methods used on this Website. You expressly, irrevocably, and in perpetuity agree not to assist in or post or transmit any advertising, promotional materials, or any other forms of solicitation, including but not limited to, web bugs, spyware, profilers, "junk mail," "spam," "chain letters," or unsolicited or mass distribution of e-mail.

NO SUBMISSSIONS
Michael Menaster does not intend or wish to receive confidential, privileged, or proprietary information from You directly or indirectly through this Website. Any remarks, suggestions, comments, ideas, graphics, material, information or any other communication (hereinafter referred to as "Communication") that You transmit, post, express, or otherwise communicate to Michael Menaster and/or this Website shall be considered entirely non-confidential, non-privileged, and non-proprietary in nature. Michael Menaster shall have no obligations with respect to the Communication, including, but not limited to, privacy, privilege, or compensation of any sort to You or a third party. Michael Menaster and his designees shall have exclusive ownership of all present and future existing rights to the Communication everywhere, and be free to copy, disclose, distribute, incorporate, and otherwise Use the Communication, including, but not limited to, all data, images, sounds, text, and other items contained therein for any and all commercial or non-commercial purposes.

LINKS, BOOKMARKS, AND SHORTCUTS
A “Link” is defined herein as a link, hyperlink, or hypertext link. If You create a Link, bookmark, and/or shortcut to this Website, You may provide a link to, but not replicate, this Website or its content. You agree not to assist in or create a border environment or browser around the Website. You also agree that Your Link, bookmark, and/or shortcut to this Website shall not in any way portray the Website or Michael Menaster in a negative manner or in any other manner that would or could adversely reflect on the Website or Michael Menaster or otherwise impair the image or reputation of the Website or Michael Menaster, including, but not limited to, Use of Link, bookmark, and/or shortcut to the Website in a manner that, to an ordinary, prudent, or reasonable person, is embarrassing, misleading, libelous, hateful, slanderous, defamatory, threatening, obscene, vile, distasteful, offensive, pornographic, threatening, violent, indecent, harassing, or otherwise uncomfortable, distressful, tortious, controversial, objectionable, or unlawful.

You also agree that You understand that this Website and Michael Menaster do not necessarily endorse, sponsor, or otherwise condone Your Link, bookmark, and/or shortcut to this Website. By Your Using the Website, You agree that You have not established a professional, business, or other relationship with Michael Menaster, that You will not infer or represent that You have received medical, legal, financial, tax, or other professional, advice of any nature, that You are not acting in any manner as Michael Menaster's representative or agent, and that You shall refrain from misrepresenting the same.

Michael Menaster reserves the right, but does not have the obligation, to terminate consent to Link, bookmark, and/or shortcut to this Website granted herein or to modify said consent, at any time with or without prior notice and with or without cause. If Michael Menaster terminates said consent, You agree to remove any and all Links, bookmarks, and/or shortcuts to this Website within twenty-four (24) hours of receipt of notice of the same. Bookmarking any page on this Website, whereby this Agreement is bypassed, constitutes an unconditional acceptance of this Agreement in its entirety.

APPLICABLE LAWS
The material and content provided on this Website is protected by law, including, but not limited to, United States Copyright law and international treaties. This Website (excluding linked and hyperlinked websites) is owned, designed, updated, and controlled by Michael Menaster from within the City and County of San Francisco, State of California, United States of America. This Website can be accessed domestically and internationally. By Using this Website, You irrevocably agree that the statutes, laws, and local rules of the City and County of San Francisco, State of California, without regard to the conflicts of laws thereof, will apply to and supercede the laws of any other city, state and country in all matters relating to this Agreement. You also agree and hereby irrevocably submit to the exclusive personal jurisdiction, venue, and local rules of the Superior Court of the City and County of San Francisco and the United States District Court for the Northern District of California with respect to said matters without regard to conflict of law principles thereof. This Website and Michael Menaster make no expressed or implied representation that any contents on this Website are appropriate, legal, or available for Use in other locations. Your accessing this Website entails Your doing the same at Your own initiative and risk and irrevocably, fully, and solely accept responsibility for compliance with Your local laws and community standards.

WARNING: PLEASE READ THE FOLLOWING
Transmission of data across the Internet involves a risk of unintended disclosure of information to unauthorized third parties. It is possible that other users, including, but not limited to, unauthorized users or "hackers" may obtain personal information about You due to Your Use of this Website, and that the recipient of said information may Use such information to harass, intrude, or injure You and/or Your computer or other Internet device.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
If Your are dissatisfied with this Website, or any portion thereof, Your exclusive remedy and recourse shall be to stop Using this Website. Your continued Use of this Website shall constitute Your full and unconditional acceptance of this Agreement as then set forth.

Use this Website and its contents only at Your own risk, "as is," and on an "as available" basis without any expressed, statutory, or implied warranty or guarantee, including, but not limited to, security, defects, confidentiality, timeliness, implied warranties of merchantability and fitness for a particular purpose, title, and non-infringement, uninterrupted or error-free information, correction of defects, if any, and that this Website and its associated servers are free of viruses and other contaminating, disruptive, destructive, or otherwise harmful materials, code, or content. This Website and its contents may contain unintended technical, factual, and/or typographical errors. No advice of a professional nature or advice for a particular situation is given nor should be inferred in any manner whatsoever or otherwise construed from this Website. Michael Menaster has used due diligence and exerted his best, reasonable effort to include true, accurate, and up-to-date information on this Website.

This Website, its partners (if any), and any other parties involved in creating, updating, monitoring, and/or delivering this Website's contents shall not be liable for consequential, incidental, indirect, direct, exemplary, or special damages of any kind arising from the Use, exploitation, and/or misuse of this Website. You expressly and irrevocably agree, without limitation, and forever to protect, indemnify, defend, and hold harmless Michael Menaster from any and all damages including, but not limited to, direct, incidental, indirect, special, exemplary, punitive, or consequential damages, liabilities, judgments, cost of procurement of substitute service or service interruption, other costs, claims, expenses, liens, lost data, lost programs, lost profits, business interruption, downtime costs, contamination, costs, demands, actions, penalties, permits, and/or economist, accountant, attorney, and/or other consultant's fees, foreseen and unforeseen, whether based upon tort, contract, equity, or any other legal grounds, arising directly or indirectly from Your Use, exploitation, lack of access to, violation of and/or misuse of this Website, terms, Links, and/or information contained therein.

Michael Menaster and this Website disclaim all liability, regardless of the form of action, for the acts or omissions of other users and entities, including, but not limited to, unauthorized users or "hackers."

ADVERTISEMENTS REGARDING AND LINKS TO THIRD PARTY WEBSITES
This Website may contain links to and/or banners, pop-ups, or advertisements for third-party websites or resources. There is no representation that said websites or resources exist at the time of access, or can be accessed from links, hyperlinks, or by other means. The linked websites and resources are not under the direct or indirect control or sponsorship of this Website, and Michael Menaster does not necessarily, implicitly, or explicitly recommend, sponsor, affiliate, adapt, support, or endorse and is not responsible for nor warrant, guarantee, or approve the nature, availability, accuracy, integrity, contents, services, or products of any linked websites, resources, or any links contained therein. This Website provides these links and/or hyperlinks, if any, only as a convenience for You.

LICENSED LOGO USE
Use, misuse, exploitation, reproduction, copying, and/or redistribution of any Website logos that may be present on this Website is strictly prohibited without the express, prior, and written permission from Michael Menaster.

PRIVACY
Michael Menaster reserves the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate systems properly and/or to protect himself, the Website, and users. When feasible and legal, Michael Menaster will attempt to obtain the prior consent of the individual prior to disclosing individually identifiable information.

This Website and its host also reserve the right to perform statistical analyses of Your behaviors and characteristics to measure interest in and Use of the various areas of the Website. In addition, when You voluntarily disclose personally identifiable information (e.g. Your name), said information and any substantive information disclosed in the Your communication, may be collected and correlated and used by third parties and may result in unsolicited messages, including, but not limited to, "spam," from other posters or third parties. Such activities are beyond the control of this Website and You expressly, irrevocably, and forever agree to protect, defend, indemnify, and hold harmless Michael Menaster from any and all direct and indirect consequences of said disclosure(s).

STANDARD AMERICAN ENGLISH LANGUAGE
Michael Menaster and You expressly agree that this Agreement and all related documents have been drawn up and shall be interpreted in Standard American English.

HEADINGS
The headings used herein are purely for convenience sake and are not construed nor should they be inferred to carry with them any legal or contractual effects.

ENTIRE AGREEMENT
This is the entire Agreement between the Website, Michael Menaster, and You relating to the subject matter herein, and supersedes, if present, any statements, promises, or prior written agreements.

OTHER
This Website and Michael Menaster irrevocably reserve all rights not expressly granted herein.

© 2003 Michael Menaster