Cokato, Minnesota attorney Tom B James has established these terms and conditions of use (also known as “terms of service”) for the use of the Thomas James attorney website located at www.tomjameslaw.com and any pages and subdomains associated with it (“the website” or “this website”). Your use of the website is subject to and governed by these Terms and Conditions of Use (“Terms”), which incorporate the website’s Privacy Policy, as well as any modifications to these Terms or the Privacy Policy. Read the Privacy Policy. Your use of the website is also subject to any and all applicable laws and regulations except to the extent specifically provided in a separate written agreement between you and attorney Tom James (“Attorney”). This policy is effective March 1, 2020.  Any material changes to the policy will be published on this website. By your continued use of the website, you consent to these Terms and all revisions. BY USING THIS WEBSITE, YOU AGREE TO COMPLY WITH THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE WEBSITE.  Please read these Terms and the Privacy Policy so that you understand our policies.  If you do not understand and agree with them, do not use this Website.

In these Terms, “I,” “Me,” “We” and “Our” refer to the Law Office of Tom James and attorney Tom James (“Attorney”). “You” refers to the user of the website. The Law Office of Tom James, Thomas B. James, Thomas James, and Tom James, as used in these Terms, all refer to Cokato, Minnesota attorney Thomas James, and may be used interchangeably as such in these Terms.

DISCLAIMERS

Legal Information

The information on this site is for general informational purposes only. It is provided without knowledge of your identity or your particular circumstances. It is not legal advice or a legal opinion. The website should not be relied upon or used as a substitute for consultation with an attorney or other professional licensed in your jurisdiction. Although an effort is made to keep the information up to date, it may not necessarily reflect the most current legal developments. You should seek the advice of legal counsel of your choice before making legal decisions or acting upon any of the information provided at this site.

The application and impact of relevant laws change over time and vary from state to state and jurisdiction to jurisdiction, and the applicability of any legal principles discussed may differ substantially in individual situations. Please note that Attorney Thomas James is not licensed to practice law in every state, and is only qualified to provide legal advice about the law in those states or federal bars in which he is admitted to practice.

Relationship of the Parties

Attorney Thomas James is licensed to practice only in the state of Minnesota, the Federal Circuit Court of Appeals and the Eighth Circuit Court of Appeals, and the United States Supreme Court. Tom  James is also admitted to practice before the U.S. Trademark Trials and Appeals Board. This website does not contain legal advice, and the transmission or receipt of the information on this website does not result in the formation of an attorney-client relationship. Reading or using information on this website, or contacting or transmitting information or messages to the Law Office of Tom James or attorney Thomas B. James by telephone, email or other means, will not establish an attorney-client relationship. The attorney-client relationship can only be established after the attorney has determined that he is able and willing to accept the engagement and we have entered into a written engagement agreement. Until then, do not send any confidential, privileged, proprietary, secret or non-public information unless specifically requested. Information communicated without such authorization is not privileged and may not be treated as confidential, privileged, secret or otherwise be protected from disclosure, and will not preclude Attorney from representing parties adverse to the sender of such information in any matter. Attorney Thomas James reserves the right to decline representation for any reason.

Nothing in these Terms will constitute the relationship of an employer and employee, a principal-agent, partnership, or a joint venture between the parties.

Attorney Advertising

This website, and any portion of it, may be considered advertising for legal services under applicable laws and rules of professional responsibility. Tom James is the designated attorney who is responsible for it. Every effort has been made to comply with all known legal and ethical requirements that apply to this site. This website is a communication providing information to the public about the availability of attorney Thomas James for professional employment. He does not seek to represent anyone based solely on a visit to this site or upon receiving advertising where to do so would not comply with applicable law and rules of professional ethics.

NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by law in one or more states.

Results in Particular Cases

Results achieved in prior cases and/or described in client testimonials were dependent on many facts.  Results in one matter do not guarantee the same or a similar result in another matter, even if the facts or circumstances are similar. No ethical attorney can guarantee the outcome of any case. There can be no guarantee of success.

Exclusion of Warranties and Limitation of Liability

THE INFORMATION IN THIS SITE IS PROVIDED “AS-IS, AS-AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO SUITABILITY, RELIABILITY, APPLICABILITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, RESULT, OUTCOME OR ANY OTHER REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE, WHETHER ORAL, WRITTEN OR IN ELECTRONIC FORM. ATTORNEY DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS OR WILL BE UP-TO-DATE, COMPLETE OR ACCURATE, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT THE WEBSITE IS OR WILL BE FREE FROM ERRORS, VIRUSES, SPYWARE, MALWARE, ADWARE, WORMS OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR EXPECTATIONS OR REQUIREMENTS.

BY ACCESSING THIS SITE, YOU AGREE THAT ATTORNEY IS NOT LIABLE TO YOU OR ANY THIRD PARTIES IN ANY WAY FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, ARISING FROM THIS SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THIS SITE, USE OF THIS SITE, USE OF OR RELIANCE ON THE INFORMATION IN THIS SITE, ERRORS IN OR OMISSIONS FROM THIS SITE, THIRD PARTY COMMUNICATIONS, THIRD PARTY WEBSITES OR CONTENT, OR YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR DAMAGES UNDER CONTRACT, TORT OR OTHER THEORIES OR ANY DAMAGES CAUSED BY VIRUSES, LOST DATA, MALICIOUS CODE, DENIALS OF SERVICE (INCLUDING COMPUTER CRASHES), BUSINESS INTERRUPTION OR OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF HE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND OTHER DEVICES OWNED, MAINTAINED, OR SERVICED BY THIRD PARTIES OVER WHICH ATTORNEY HAS NO CONTROL. ACCORDINGLY, ATTORNEY WILL NOT BE LIABLE FOR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.

YOU AND ATTORNEY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ATTORNEY AND ALL PARTIES TO ANY SUCH PROCEEDING.

TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, ATTORNEY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00. ATTORNEY IS NOT RESPONSIBLE FOR THE MISUSE OF CONTENT BY DISTRIBUTORS OR ANY OTHER THIRD PARTY UNDER ANY CIRCUMSTANCES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Links

Links to third-party websites or resources are not an endorsement or recommendation of those websites or resources, and Attorney Thomas James is not responsible for the availability of those websites or resources or for any content, advertising, products, materials or services on or available from or through such websites or resources. You acknowledge and agree that Attorney Tom James shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource.

RELEASE

You expressly and irrevocably release and forever discharge Attorney Thomas James, his affiliated and associated companies and his authorized distributors, and their respective directors, officers, employees, agents, representatives, independent contractors, licensees, successors and assigns of and from any and all actions, causes of action, claims, suits, proceedings, liability, debts, judgments, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the website.

INDEMNITY

You agree to indemnify and hold harmless Attorney Thomas B. James, his affiliated and associated companies and his authorized distributors, and their respective directors, officers, employees, agents, representatives, independent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and attorney fees, resulting from or arising out of (i) a breach of these Terms, (ii) content posted on the website, (iii) the use of any service offered at the website, (iv) the licensing, distribution, or use of your content, or (v) any violation of any rights of a third party. Attorney reserves the right, at his own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

DESIGNATION OF RESPONSIBLE ATTORNEY AND PRINCIPAL OFFICE

To the extent the rules of professional responsibility require an attorney or law firm to designate a principal office or responsible attorney, the Law Office of Tom James designates its principal office as 440 North Broadway Avenue, Cokato, MN 55321, USA, and designates Thomas B. James as the attorney responsible for receiving notices concerning this website.

INTELLECTUAL PROPERTY

Except as otherwise noted or when fair use has been made of the trademark or copyright protected work of another, all textual material, artwork, logos, photographs, audiovisual works, music, sound recordings, compilations, and trademarks are protected by copyright laws and are owned or licensed for use by Attorney Thomas James (Tom James). All rights are reserved. Without the written consent of the copyright owner, you may not use any of the material displayed or transmitted on this website, or any part of it, for any commercial purpose or copy, reproduce, modify, remove, delete, alter, add to, publish, download, post, transmit, broadcast, perform, display or distribute it in any manner, nor may derivative works be made from any of them.

Copyright and DMCA Notifications Policy

Attorney Thomas James has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (“DMCA”) and avails himself of the protections under the DMCA. Attorney reserves the right to remove any content that allegedly infringes another person’s copyright. In appropriate circumstances, Attorney will terminate the accounts of users who infringe copyright. Notices to Attorney regarding any alleged copyright infringement should be directed to Attorney via email at: tom880013@gmail.com.

Filing a DMCA Notice to Remove Copyright-Protected Content

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please send (either directly or through your authorized representative) a written notice containing the following information to tom880013@gmail.com:

a. Your name, address, telephone number, and email address (if any);

b. A description of the copyrighted work that you claim has been infringed;

c. A description of where on the website the material that you claim is infringing may be found, sufficient for Attorney to locate the material (e.g., the page URL);

d. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by you, your agents, or the law and is not a fair use;

e. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

f. Your electronic or physical signature.

If Attorney removes or disables access to content in response to a notice of infringement, Attorney will make reasonable attempts to contact the user who posted the affected content. If you feel that your content is not infringing, you may provide Attorney with a counter-notice in writing to the attention of “Copyright Infringement Counter Notification” at tom880013@gmail.com. You must include in your counter-notice sufficient information to enable Attorney to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorney fees) if you materially misrepresent that your content is not infringing the copyrights of others.

Filing a DMCA Counter-Notice to Restore Content Removed from the Site

If you believe that your material has been removed by mistake or misidentification, please send a written counter-notification containing the following information to tom880013@gmail.com:

a. Your name, address, telephone number, and email address (if any);

b. A description of the material that was removed and the location on the website (e.g., the page URL) where it previously appeared;

c. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

d. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any jurisdiction in which you may be properly served, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and

e. Your electronic or physical signature.

If you have any questions about copyright infringement or the notification and counter-notification process under the Digital Millennium Copyright Act (the “DMCA”), you should speak with an attorney.

Trademarks

“The Law Office of Tom James” and “tomjameslaw.com” are trademarks of Cokato, Minnesota attorney Thomas James (Tom James), and may not be used in connection with any product or service without the prior written consent of Tom James. “Echion,” “Echion Books,” Echion CLE” and “Echion Education” are trademarks of Echion, CLE and may not be used in connection with books, downloadable presentations, or any related goods or services, without prior written consent.

Uses of Thomas James website

All content posted by you, another user, an advertiser, a guest blogger, or any other third party, and any comments or other communications, is the sole responsibility of the person or business from which the content or communication originates. You acknowledge and agree that you, and not Attorney, are entirely responsible for all content, comments or other communications that you post, or otherwise submit to the website, including but not limited to messages sent through email, instant message, text message, or other electronic communication. Attorney does not control user-submitted content and, as such, does not guarantee the accuracy, reliability, integrity, or quality of such content.

As a condition of use, you promise not to use the website for any purpose that is unlawful or prohibited by these Terms, or for any other purpose not reasonably intended by Attorney. You agree not to use the website:

1) To abuse, harass, threaten, impersonate, or intimidate any person;

2) To post or transmit, or cause to be posted or transmitted, any content that is libelous, slanderous, defamatory, obscene, pornographic, abusive, offensive, profane, false, misleading, or that infringes any copyright, trademark, proprietary, privacy, publicity or other right of any person;

3) To communicate with Attorney or other users in an abusive or offensive manner;

4) For any purpose (including posting or viewing content) that is not permitted under the laws of the jurisdiction where you use the website;

5) To post or transmit, or cause to be posted or transmitted, any content or communication designed or intended to obtain password, account, or any private, protected, confidential, secret or proprietary information from a user of the website or any other person;

6) To create or transmit unwanted ‘spam’ to any person or any URL;

7) To create multiple accounts;

8) To post copyrighted content that does not belong to you and as to which you do not have a license or permission to post;

9) To circumvent or offer or use tools to circumvent copyright protection measures;

10) To use the website to infringe or dilute a trademark;

11) to use any robot, spider, scraper, or other automated means to access the website for any purpose without Attorney’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose an unreasonable or disproportionately large load on website and/or server resources; (ii) interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; or (iii) bypass any measures we may use to prevent or restrict access to the website and/or to protect the security of collected information and/or the privacy rights of users;

12) to post a link to a website or online service provider that is in violation of trademark, copyright or other law.

13) To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the website to contact, advertise to, solicit, or sell to any person without their prior explicit consent;

14) To promote or sell content of another person unless you are expressly authorized to do so; or

15) To violate any applicable law, rule, or regulation.

To report a suspected abuse of the website or a breach of the Terms (other than relating to copyright infringement which is addressed under “INTELLECTUAL PROPERTY” above) please send written notice to Attorney at: tom880013@gmail.com.

You are solely responsible for your interactions with other users of the website. Attorney reserves the right, but has no obligation, to review disputes between you and other users. This includes the right to review messages exchanged through Attorney’s messenger service, based on any reports that Attorney receives alleging the violation of these Terms through the use of Attorney’s messenger service, including without limitation, reports regarding alleged harassment, indecency, and offensive messages.

If the website is used in a manner that violates the Terms in any way, Attorney may, in its sole discretion, but is not required to, suspend or terminate your account, disable your access to the website and/or take any steps that it deems appropriate to address the situation.

TERMINATION

Attorney may terminate your right to access and use this website or any of the features or services it offers, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the website or any of the features or services it offers will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability. It is your responsibility to retain copies of any content you may have contributed to the website; Attorney may remove your content upon termination, without prior notice or liability.

MODIFICATION

Attorney has the legal right at any time, without prior or individual notice to you, and in his sole discretion, to revise this website’s Terms, Privacy Policy, or both of them, or impose new Terms with respect to access to or use of the website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional Terms on the website. You should check these pages periodically for any modifications or revisions. Continued use of the website after changes to these Terms, the Privacy Policy, or both, constitutes your acceptance of the changes.

GOVERNING LAW

These Terms shall be governed by the laws of the State of Minnesota without regard to its conflicts of law provisions. You hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of the courts of the State of Minnesota and of the United States of America located in the State of Minnesota for any litigation arising out of or relating to the website or these Terms, waive any objection to the venue of any such litigation in such court, and agree not to plead or claim in any such court that such litigation has been brought in an inconvenient forum. The United Nations Convention on the International Sale of Goods does not apply and is expressly excluded.

DISPUTE RESOLUTION

Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association or of the International Center for Dispute Resolution. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.

ASSIGNMENT

These Terms shall be binding upon and shall inure to the benefit of the parties’ heirs, executors, administrators, successors, and permitted assigns. Attorney may assign his rights and obligations under these Terms. Your obligations under these Terms are personal and may be assigned only with Attorney’s prior written consent.

SEVERABILITY

If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Section headings are provided for informational purposes only.

ENTIRE AGREEMENT

This is the entire agreement between you and Attorney relating to your use of the Tom James Law website. Attorney may, at his sole discretion and without notice, revise these Terms at any time.