These Terms of Access are a binding agreement between you (the “Reader”) and the publisher of Per Lundquist, Basseterre LLC (a Wyoming limited liability company), 1309 Coffeen Avenue, Sheridan, WY 82801, U.S.A., operating at perlundquist.com (the “Publisher”), together with the author or authors of the material (the “Author(s)”, who may write under a pen name). The website and all articles, analysis, images, data and other material made available through it are the “Content”. By accessing the Content you accept these Terms in full. If you do not accept these Terms, you must not access the Content.

1. Acceptance, and access conditioned on acceptance

1.1 Access to the Content is offered solely on the condition that you first read and affirmatively accept these Terms by activating the “I have read and agree” control presented before the Content is made available. No Content is served to you until that condition is met.

1.2 Your acceptance forms a contract on each occasion you access the Content. Continued or repeated access is renewed acceptance of the Terms then in force.

1.3 We may revise these Terms. The version in force at the time of a given access governs that access. Superseded versions are retained so that the exact text you accepted can be reproduced.

2. The nature of the Content

2.1 Per Lundquist publishes independent journalism, commentary, analysis and opinion on matters of public concern — including the conduct of states, public institutions, markets, and the people who run them. The Content is expression on matters of public interest, drawn from public sources and the Author’s analysis of them.

2.2 Opinion and fair comment. Statements of analysis, interpretation, inference, prediction and characterisation are the Author’s opinion and fair comment, not assertions of objective fact, and should be read as such.

2.3 Not advice; no reliance. The Content is not legal, financial, investment, accounting, tax, securities, regulatory or other professional advice, and is not a recommendation, solicitation, offer, inducement or invitation to buy, sell, hold, underwrite, rate or deal in any security, instrument or transaction, in any jurisdiction. Nothing in the Content is directed at any person where it would be unlawful to make such a communication. You must not rely on the Content; obtain your own professional advice and conduct your own verification. Where the Content cites a primary document, the primary document governs and you should consult it directly.

2.4 No relationship. Accessing the Content creates no fiduciary, advisory, agency, confidential or special relationship between you and the Publisher or the Author(s), and no duty of care to you.

3. Reader eligibility and warranties

By accessing the Content you represent, warrant and covenant that:

3.1 Lawful access. It is lawful for you to access, receive and read the Content in your jurisdiction and under every law applicable to you, and you access it on your own initiative. You — not the Publisher or Author(s) — are solely responsible for compliance with the laws that apply to you, and you assume all risk arising from your access, including in any jurisdiction that restricts the press or the receipt of information.

3.2 Capacity and authority. You are at least the age of majority in your jurisdiction and have full capacity and authority to accept these Terms, both for yourself and for any person, entity, office or government on whose behalf you access the Content; and your acceptance binds each such principal.

3.3 Not directed where unlawful. The Content is not directed to, and must not be accessed by, any person in any jurisdiction where its publication or availability would be unlawful. If access is unlawful for you, do not access it; if you proceed, you do so in breach of these Terms and at your own risk.

3.4 Capacity disclosed. If you access the Content in the course of, or for the benefit of, a government, state organ, regulator, state-owned entity, intelligence service, or litigation against the Publisher or Author(s), you do so subject to Sections 5–7 in that capacity.

4. Constitutionally protected expression; covenants not to contest

4.1 First Amendment. The Content is speech and press protected by the First Amendment to the Constitution of the United States. The Publisher and Author(s) publish in reliance on the freedoms of speech and of the press, including the right to comment on public figures, public institutions and matters of public concern, and the protections of New York Times Co. v. Sullivan and its progeny.

4.2 Due process. The Publisher and Author(s) rely on the due-process guarantees of the Fifth and Fourteenth Amendments, including constitutional limits on the exercise of personal jurisdiction over them.

4.3 The SPEECH Act. The Publisher and Author(s) rely on the federal SPEECH Act, 28 U.S.C. §§ 4101–4105, under which a foreign judgment on a claim arising from speech is unenforceable in the United States unless the foreign law provided at least as much protection for speech as the First Amendment and U.S. due process would.

4.4 Reader’s covenants. You irrevocably agree that:

• (a) you will not contest, abridge, chill or seek to penalise the Publisher’s or Author(s)’ exercise of the rights in Sections 4.1–4.3, and will not assert any claim, demand or proceeding whose effect would be to require the suppression, alteration, retraction or de-publication of constitutionally protected expression;
• (b) you will not commence, fund, support or maintain any claim against the Publisher or Author(s) arising from the Content in any forum other than the forum designated in Section 5, and you will not seek, obtain, register or enforce any foreign judgment on any such claim against the Publisher, Author(s) or their assets anywhere in the world; and
• (c) to the fullest extent permitted by law, and solely so that the Publisher or Author(s) may enforce or defend under these Terms, you waive any sovereign, state, diplomatic or analogous immunity you may otherwise hold.

5. Governing law; exclusive forum; waivers

5.1 Governing law. These Terms, and any dispute arising out of or relating to the Terms or the Content (in contract, tort, statute or otherwise), are governed exclusively by the laws of the State of California, U.S.A., together with applicable United States federal law, without regard to conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods.

5.2 Exclusive forum. The state and federal courts located in San Francisco, California (including the Superior Court of California, County of San Francisco, and the United States District Court for the Northern District of California) have exclusive jurisdiction. You irrevocably (a) submit to the personal jurisdiction of those courts, (b) waive any objection to venue and any defence of forum non conveniens, and (c) agree that those courts are the sole and exclusive forum.

5.3 Anti-suit. If you bring or maintain any proceeding in breach of Sections 4.4 or 5.2, you consent to the entry of an anti-suit injunction and to the dismissal or stay of that proceeding, and you agree that this section may be pleaded as a complete bar.

5.4 Jury and class waivers. To the fullest extent permitted by law, you waive trial by jury and waive any right to bring or participate in any class, collective or representative action.

5.5 Fee- and cost-shifting. If the Publisher or Author(s) prevail in, or obtain dismissal of, any claim or proceeding brought against them in connection with the Content or these Terms, you will pay their reasonable attorneys’ fees, costs and expenses, including those of enforcing this section and of resisting any foreign proceeding or judgment. This operates in addition to any statutory fee award available under anti-SLAPP or similar law.

5.6 Protected activity (anti-SLAPP). You acknowledge that the Content concerns matters of public interest and constitutes activity protected under California’s anti-SLAPP statute (Code of Civil Procedure § 425.16) and other applicable public-participation statutes, that any claim arising from the Content is subject to a special motion to strike, and you will not act to defeat the application of any such statute.

6. Indemnification of the Author and the Publisher

6.1 You will indemnify, defend and hold harmless (a) the Author(s) and (b) the Publisher, and each of their respective owners, members, officers, contributors, agents and service providers (each an “Indemnified Party”), from and against any and all claims, demands, proceedings, liabilities, damages, penalties, judgments, settlements, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your access to or use of the Content; (ii) your breach of these Terms; (iii) your violation of any law or of any third party’s rights; or (iv) any claim, demand or proceeding you bring or support in breach of Sections 4 or 5.

6.2 The indemnity in Section 6.1 runs separately to the Author(s) and to the Publisher, each of whom may enforce it in their own right. It survives any cessation of your access and the termination of these Terms.

7. Disclaimer of warranties

The Content is provided “AS IS” and “AS AVAILABLE”, without warranty of any kind, express or implied, including any warranty of accuracy, completeness, currency, fitness for a particular purpose, non-infringement or uninterrupted availability, to the fullest extent permitted by law.

8. Limitation of liability

To the fullest extent permitted by law, the Indemnified Parties will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss arising from your access to, use of, or reliance on the Content; and their total aggregate liability for any matter arising from the Content or these Terms will not exceed US $100.

9. Intellectual property; permitted use

9.1 The Content is owned by the Publisher and/or the Author(s) and is protected by copyright and other laws. You are granted a limited, revocable, non-exclusive, non-transferable licence to access and read the Content for your own personal, non-commercial use only.

9.2 You must not copy, republish, redistribute, sell, frame, mirror or create derivative works from the Content, nor engage in automated access, scraping, text/data mining, or use of the Content to train machine-learning systems, without the Publisher’s prior written permission. All rights not expressly granted are reserved. Customary fair-use quotation with attribution is permitted.

10. Third-party content, links and submissions

10.1 Links to third-party material are provided for reference only; the Publisher does not endorse and is not responsible for third-party content.

10.2 To the extent the website ever makes available material submitted by readers or other third parties (for example comments, tips, letters, or documents received through any secure-submission facility), that material is third-party content, and as to it the Publisher acts as an interactive computer service and reserves all protections of 47 U.S.C. § 230 and analogous law. The Publisher does not adopt third-party content as its own.

11. Privacy; record of acceptance

11.1 The website sets no advertising or tracking cookies, runs no third-party analytics, and does not log readers’ IP addresses or build reader profiles.

11.2 To evidence the formation of this agreement, we keep a minimal, non-identifying record that an acceptance of a stated Terms version occurred. We deliberately do not record information that would identify an individual reader, because protecting readers is part of why this publication exists.

12. Sanctions and informational materials

The Content is informational material of the kind whose dissemination is protected and exempt under U.S. law (including the “Berman Amendment” exemption for informational materials, 50 U.S.C. § 1702(b)(3)). It is made available to the public without charge. Nothing in these Terms requires the Publisher to engage in, and the Publisher does not engage in, any transaction prohibited by applicable sanctions law.

13. Suspension

We may decline, condition, suspend or terminate access to any person at any time, for any reason or none, without notice and without liability.

14. Changes to these Terms

We may amend these Terms at any time. The current version and effective date appear at the head of this document; prior versions are preserved so that the precise text in force on any date can be produced.

15. General

15.1 Severability. If any provision is held unenforceable, it is to be enforced to the maximum extent permissible and the remainder stays in effect.

15.2 No waiver. A failure to enforce any provision is not a waiver.

15.3 Entire agreement. These Terms (with the Privacy page) are the entire agreement between you and the Publisher regarding access to the Content.

15.4 Assignment. You may not assign these Terms; the Publisher may.

15.5 Survival. Sections 4–9, 11 and 15 survive termination.

15.6 Language. The English-language version controls; any translation is for convenience only.

15.7 Third-party beneficiaries. None except the Author(s) and Indemnified Parties, who may enforce the provisions made for their benefit.

15.8 Contact / notices. Legal notices to: Basseterre LLC, 1309 Coffeen Avenue, Sheridan, WY 82801, U.S.A.

I have read and agree to the Terms of Access. I warrant that it is lawful for me to access this material where I am, I agree that it is constitutionally protected U.S. expression governed by California and U.S. federal law in the courts of San Francisco, California, and I agree to indemnify the author and the publisher as set out in the Terms.