TERMS OF USE AND DISCLAIMER

Welcome to the Website (the “Site”) operated TJ TOOHEY LAW, a Professional Corporation (“TJ TOOHEY LAW,” “we,” or “us”). By accessing or using our Site you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service”).   If you do not agree to these Terms of Service, then do not use the Site.

The Site presents general information about us and is not intended as legal advice nor should you consider it such.  You should not act upon the information on this Site without seeking advice from a lawyer licensed in your own state or country.

As used herein, “You,” “User” or "Users" means anyone who accesses and/or uses the Site including individuals acting on behalf of any corporation, partnership or other entity with which You are associated.

These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. We may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site once they are posted. Your continued access of the Site and/or use of the Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. We, in our sole discretion, may also add, delete or change some or all of the features of the Site or its Services at any time. 

These Terms of Service govern your access and use of the Site and all content or services provided through the Site, except for content or services provided by third parties. Please read these Terms of Service carefully before using the Site. If you violate any of these Terms of Service (which include by reference our privacy policy) or otherwise violate an agreement between you and us, we may prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in our sole discretion, with or without notice.

We retain all right, title and interest in and to the Site, as well as all data, information, content and materials provided on the Site.  We further retain all right, title and interest in and to the business processes, procedures, methods and techniques used within the Site and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world ("Intellectual Property") to the Site. All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are our proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Contacting us by e-mail or through the Site and transmission of information between us and You is not intended to and will not create an attorney-client relationship between TJ TOOHEY LAW and You.  As a result, You should not transmit any confidential or private information to us until a formal attorney-client relationship has been established.  We do not agree to accept and/or maintain the secrecy of any unsolicited information You send to us unless an attorney-client relationship currently exists between us.  We cannot permit an attorney-client relationship to exist until we have obtained all necessary information and evaluated all relevant information concerning potential conflicts of interest.   Even in the absence of a conflict of interest, We, in our sole discretion, may decide not to enter into an attorney-client relationship with You.  The information and content contained on the Site is not intended to constitute legal advice, and You should contact an attorney before relying on any such information or content.

The contents of this Site may constitute advertising under the applicable laws, regulations and ethical rules (“Bar Rules”) of some jurisdictions.  If this Site fails to comply with the Bar Rules of the state from which You access or view this Site, we do not wish to represent You.  We are Not certified by the boards of legal specialization of any state.

Your submission of information through the Site is governed by our Privacy Policy, except for information submitted through links to third parties. 

You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. You may not:

The Site may contain links to other Internet Sites, applications and resources. Links found on the Site may let users leave the Site and go to sites operated by parties other than us.  We do not endorse, and is not responsible or liable in any way for, any content, advertising, services or goods on or available from such Sites, applications or resources.  The linked sites are not under the control of us and we are not responsible for the contents of any linked site or any link contained in a linked site that is not owned and operated by us, or any changes or updates to such sites.  Such links to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by us of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between us, or any of its affiliates, and any linked third party or their content. We do not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their Sites. Third parties’ sites are not subject to our Terms of Service and Privacy Policy.  You should carefully review their privacy statements and other conditions of use.

You understand that the processing and transmission of communications relating to the use of the Site, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that we will not be liable for the timeliness, deletion, misdelivery or failure to store any data, information or content transmitted by you through the Site.

TJ TOOHEY LAW PROVIDES THE SITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We make no representation or warranty that (i) the Site will meet your expectations or requirements, (ii) the Site will be uninterrupted, current, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site will be accurate, timely, complete or reliable and (iv) any errors in any software used on the Site will be corrected. Operation of the Site may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services.

While we have endeavored to create a secure and reliable Site, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information.  You must make your own determination as to these matters.  We shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.  You are solely responsible for the security, confidentiality, integrity and use of all messages and/or content that You transmit to the Site. 

IN NO EVENT SHALL TJ TOOHEY LAW, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OTHER INTANGIBLES OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

This Agreement constitutes the entire agreement between you and TJ TOOHEY LAW with respect to your access and use of the Site and the Services and supersedes all prior and contemporaneous agreements between you and us. If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of TJ TOOHEY LAW to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.   The provisions of Sections 3-7, and 9-14 shall survive any termination of these Terms of Service.

This Site is targeted at and intended for visitors residing in the United States.  Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States.  The Site may not be appropriate or available for use in some jurisdictions outside of the United States.  We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States.  Visitors who choose to access the Site from outside of the United States do so at their own initiative and are not responsible for compliance with any and all local laws and regulations that may apply to such access.

We are located at 718 West Babcock, Suite 410, Bozeman, Montana 59715. If you have any questions, please contact Tim Toohey at tim@tjtooheylaw.com.