Law Office of Tom James
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Terms and Conditions of Use


These Terms and Conditions of Use apply to you when you view, access or otherwise use the website located at http://www.tomjameslaw.com (“the site”), or the blog located at www.tomjameslaw.com/blog(“the blog”.)

All references to “I” “me” “my” or “mine” refers to Tom James, the author/publisher of the site and the blog. All content on the blog and on the site is owned by Tom James. I grant you a nonexclusive, nontransferable, limited right to access, display and read the site and the blog and the materials provided thereon, provided that you comply fully with these Terms and Conditions of Use.

1. Disclaimers; No Attorney Client Relationship.

I provide this site and this blog for general informational purposes only. Because I am an attorney and some of the information on the site and on the blog relates to legal topics, I want you to understand that your use of the blog or the site does not create an attorney-client relationship with me. By using the site or the blog, you agree that the information on the site or the blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and me. Do not consider the site or the blog to be a substitute for obtaining legal advice from a qualified attorney licensed in your state.

The information on the site or the blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While I try to revise the site and the blog on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the site and the blog are the opinions of the individual author.

2. Privacy.

Your use of the site and the blog constitutes your consent to the privacy policy located at www.tomjameslaw.com/privacy-policy.html

3. Copyright Notice and Intellectual Property Rights.

All materials and software published on or used on the blog are protected by copyright, and are owned or controlled by or licensed to Tom James, or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the blog or the site only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials:

© Copyright 2013 Tom James. All rights reserved. All use subject to Terms and Conditions of Use set forth at www.tomjameslaw.com/terms-and-conditions.html.

4. Copyright Notification; DMCA Compliance.

Tom James respects the intellectual property rights of others. Upon proper notice, I will remove user posted comments, posts, messages, or other submissions on or to the site or the blog that violate copyright law, or suspend access to the site or the blog (or any portion thereof) to any user who repeatedly uses the site or the blog in violation of copyright law. Pursuant to 17 U.S.C. § 512, I have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been used in a way that constitutes copyright infringement, please send Tom James’ copyright agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit me to locate the material on the site or the blog; (c) information reasonably sufficient to permit me to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Please provide me with a notice that includes all of the above enumerated information (“Notice of Infringement”) and mail it to the following copyright agent: Tom James, Law Office of Tom James, 440 North Broadway Avenue, Cokato, Minnesota 55321. By submitting a Notice of Infringement, you acknowledge and agree that I may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice.

5. Commercial Use of Site or Blog Materials and Screen Shots.

Reproduction, copying, or redistribution of materials on the site or the blog for commercial purposes is prohibited without the express written permission of Tom James. Any use, reproduction, or distribution of material on this blog which constitutes the personal information, property, or photograph or other depiction of Tom James or any particular individual employed by Tom James may also be subject to state and federal privacy and other laws requiring the specific written consent of the individual. To obtain permission to copy portions of the blog or the site, please send email to tom@tomjameslaw.com and provide the following information in the body of the email: * the content you wish to use; * where, when and how it will be used (for example, a seminar, newsletter or news article); * where and how copies will be distributed and to what audience; * how many copies will be produced and distributed; * what other materials will be associated with the content taken from the blog or the site; and * your name, title, company, address, email address and phone number. I will evaluate and respond to your request as soon as possible. I reserve the right to refuse permission to copy, distribute, broadcast, or publish any of my copyrighted material, including text and images on my site or blog.

6. Links to Other Blogs, Websites and/or Materials.

Links may appear on the site or the blog that may be used to link to other blog(s) or websites. These links are provided solely as a courtesy to visitors to my site or blog. Tom James has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites; and he is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Tom James reserves the right to terminate any link at any time.

7. Prohibited Actions.

You agree not to interrupt, or attempt to interrupt, the operation of the blog or the site in any way. Unauthorized use or modification of any information stored on the site or the blog may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the site or the blog for anything other than a lawful and legitimate purpose. You agree not to use the blog or the site to carry out any unauthorized alteration of any data or information on the site or the blog or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the site or the blog. The site and the blog are not intended for use by anyone under the age of 19. I reserve the right to limit or deny your access to the site or the blog or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which I in my sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.

8. Modification of Terms and Conditions of Use.

I reserve the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of either the site or the blog, or both, constitutes your agreement to comply with such revisions, so you should visit this page from time to time.

9. Email May Not Be Used to Provide Notice.

Communications made through the site’s or the blog’s e-mail and messaging system, whether designated as comments, feedback, or otherwise, shall in no way be deemed to constitute legal notice to Tom James or any of his employees, agents or representatives, such as where notice to Tom James is required by contract, or any federal, state or local laws, rules or regulations.

10. Disclaimer; Limitation of Damages.

(a) Tom James expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access the site or the blog as a result of your use of the site or the blog, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of the site or the blog. THE SITE AND THE BLOG ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TOM JAMES MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE OR THE BLOG WILL BE UNINTERRUPTED OR ERROR FREE. (b) USE OF THE SITE AND THE BLOG ARE AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE OR THE BLOG.

11. Applicable Laws; Venue.

Tom James operates the site and the blog from his office in Minnesota and makes no representations that materials in the site and the blog are appropriate or available for use in other locations. The display of the site or the blog alone does not subject Tom James to any specific jurisdiction. Access to the site or the blog from any territory where the content is illegal is prohibited. If you choose to access the site or the blog from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the site or blog materials in violation of U.S. export laws and regulations. Any claim related to the use of the site or the blog or to the site or blog materials shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of the site or the blog shall be filed only in the appropriate state or federal court located within the State of Minnesota. The access, viewing or use of the site or the blog constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of Minnesota for purposes of such actions. Neither the content on this site and blog nor any transmissions between you and Tom James through the site or the blog are intended to provide legal or other advice or to create an attorney-client relationship. In communicating with me through this blog, you should not provide any confidential information to me concerning any potential or actual legal matter you may have. Before providing any such information to me, you must obtain approval to do so from me. By choosing to communicate with me without such prior approval, you understand and agree that I will have no duty to keep confidential any information you provide.

12. Tax Advice.

To ensure compliance with requirements imposed by the U.S. Internal Revenue Service in Circular 230, you are hereby informed you that any tax advice contained on the site or the blog (including any links provided) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed in this communication.