Date:   6/5/2008 10:59:05 PM ( 16 y ago)
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URL:   https://www.curezone.org/forums/fm.asp?i=1188677

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It's called a CYA (Cover Your Arse) clause - one that you can use to TOS somebody if the powers that be come down on your tail due to something a member posted.  I think it is telling that Curezone chosed to use the phrase:

"including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law"

when clearly it is the FDA, FTC and USDA whose rules would likely be most worrisome regarding the things posted and promoted on CureZone.  Although it contains the phrase "including, but not limited to" - in essence a CYA within the CYA - the omission of those agencies is glaring.

As far as I am concerned, and perhaps Dusan too, "regulations having the force of law" are only applicable to me if such regulations have the force of law under the rights enumerated in the Declaration of Independence and protected by the United States Constitution. Those that do not only have the force of law if we allow them to apply to us and concede their jurisdiction.  Otherwise, they do not have the force of law, merely the color of law.  If I am correct, then that speaks volumes to me about CZ's integrity.  Doing what you know and believe is right - not what someone else says you should do - now THAT is integrity.

The supreme court and appelate courts have previously ruled, specifically in cases involving vitamins and mineral supplements, that the freedom of speech extends to commercial speech and that the FDA has exceeded it's authority in the aritrary codes it has adopted and attempted to enforce.

Who are they going to come after - the CureZone Foundation?  That is who owns this website.  And if they do and the going gets rough . . .  well CYA with TOS.

DQ

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