Terms, Conditions and Privacy Policy

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. Your use of the website is also subject to any and all applicable laws and regulations. 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, the Privacy Policy, 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 the 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 Thomas B. James. “You” refers to the user of the website.

Disclaimer

The information on this site is for commentary and 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. The content published on the website does 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.

Relationship of the Parties

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. 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 suffices to constitute the relationship of an employer and employee, a principal-agent, partnership, or a joint venture, or any other legal relationship between the parties.

Attorney Advertising

This website, and any portion of it, is not intended as advertising. In any event, attorney Thomas James is the designated attorney who is responsible for it.

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.

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 are not sponsored by any person, entity or organization. Attorney 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 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 Party 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

“Thomas B. Jamers” and “The Cokato Copyright Attorney” are trademarks of Thomas B. James and may not be used in connection with any product or service without his prior written consent.

Uses of this 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 guest posts, comments, 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 law or 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.

PRIVACY POLICY

Your privacy is important to me, Thomas B. James (“Attorney,” “I,” “me”). This Privacy Policy (“Policy”) describes how this website may collect, use and share your personal information from your Internet enabled device (i.e. your computer, tablet, smartphone or other device) and browsers or apps used to access the Internet when you use this website (www.thomasbjames.com), when and how the website or I may use that information, how I protect the information, the choices you have regarding your personal information, and how you may opt out of any such collection and use. The purpose of this Policy is to inform you about privacy practices and to ensure that you understand the purposes for which personal data is collected and processed. Please contact me if you have questions about this Privacy Policy.

Please see the Terms and Conditions of Use, which generally address information you intentionally send me using e-mail or any contact form on this website. If you submit your name or contact information to me, I may use it to send you blog posts, information about my services or law-related activities (such as announcements of new publications, products or services), or about new developments in the law. You may opt out of receiving further information from me by contacting me or, where applicable, by using an “unsubscribe” option included in my communications.

Kinds of Personal Information Collected

This Policy relates to your personal data, i.e. data about you from which you can be identified. It does not apply to any data insofar as it is held, processed, disclosed or published in a form which cannot be linked to a living individual, such as anonymized or aggregated data which cannot directly or indirectly be used to identify you or to obtain information about you (“Anonymized and Aggregated Data”). I may generate or extract Anonymised and Aggregated Data out of any databases containing your personal data and may make use of any such Anonymised and Aggregated Data for such purposes as we see fit. The website may collect information about our website users in three ways: directly from the user; from Web server logs; and through cookies. I (or We) use the information primarily to provide you with a personalized Internet experience that delivers the information, services, and resources that are most relevant and helpful to you. I do not share any of the information you provide with others, unless I so provide in this Privacy Policy, or when I believe in good faith that the law requires it.

Responsibility for Data Processing

Cokato attorney Thomas B. James is responsible for the control and processing of personal data collected from you when you use the website. If you have any questions or concerns about the use of your personal data, please contact me.

Site of Data Processing Activities

Attorney Thomas B. James operates in and from the United States of America (USA) and his data collection and processing activities take place predominantly in the USA. Accordingly, data collected from users when using the website is collected in the USA. Data is stored and processed through third party service providers which may be located or which may operate in the USA and/or other countries.

How Personal Data is Collected and Used

(a) Information That You Provide Directly or Authorize Someone Else to Give Us. Attorney collects personal information about you, such as your contact details, when voluntarily submitted by you, such as when you choose to complete and submit one of the forms located on our Web site to send a message or to subscribe to the blog. This includes but is not limited to a “Contact” form. Attorney may ask you to provide certain information including, but not limited to your name, mailing address, email address, telephone number, and other data. You are only required to provide an e-mail address and a name on the contact form. DO NOT SUBMIT ANY CONFIDENTIAL, PROPRIETARY, PERSONAL OR SENSITIVE INFORMATION (e.g., Social Security number, date of birth, driver license number, or credit card or bank account or other financial information) (collectively, “sensitive information.”) Messages you send and any other data you provide to me are retained to assist in tailoring the content of this blog to reader interests. If you submit any sensitive information, you do so at your own risk and I will not be liable to you or responsible for consequences of your submission.

Information that you provide through the contact form or in an email, comment, or instant message will be used so that I may respond to your inquiry. I may also use information you provide to me to communicate with you in the future. If you do not wish to receive such communications, you may opt out (unsubscribe) as described below.

(b) Information That Is Collected Automatically. When you visit my website, I may track information about your visit and store that information in web server logs, which are records of the activities on the website. The server(s) automatically capture and save the information electronically. To be clear, if you browse through the thomasbjames.com website or download information, servers may automatically collect certain information from you. This information may include:

(a) name of the domain and host from which you access the Internet;

(b) name of your Internet Service Provider (ISP);

(c) browser software you use and your operating system (the kind of browser or computer you use);

(d) Internet address of the website and IP (Internet Protocol) address from which you linked directly to this website, which may include your unique Internet Protocol address;

(e) the city, state, and country from which you access the website;

(f) the number of links you click within the site;

(g) the date and time of your visit;

(h) the web page from which you arrived to the site;

(i) the pages you viewed on the site; and

(j) searches/queries that you conducted via the website.

Information that is automatically collected is used to analyze usage of the website, manage and improve the website to make it as useful as possible for visitors like you, and to protect the website and its content from inappropriate use. Attorney does not seek to match data collected automatically with data that you provide voluntarily as referred to above and does not seek to track specific users or profile their activities on the website.

(c) Analytics information. Data about traffic and usage trends is collected, measured and analyzed, and third-party analytics tools are used for this. This enables an understanding of, among other things, how the website is being used and ways to improve it. Such third-party analytics tools use cookies and persistent device identifiers to collect and store information including, but not limited to time of visit, pages visited, time spent on each page, IP address, unique device ID, advertising tags and type of operating system used.

(d) Cookies. When you use the website, Attorney or a third party service provider (such as analytics tools) sometimes sends one or more cookies (small text files containing a string of alphanumeric characters) to your computer that uniquely identify your browser and enhance your navigation on the site. A cookie may also convey information to Attorney about how you use the site (e.g., the pages you view, the links you click and other actions you take), and allow him or a third-party analytics tool to track your usage of the website. There are at least two different types of cookies: persistent and session cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent use of the website. Persistent cookies can be removed by following your web browser’s directions for blocking or removal of cookies. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to notify you when a cookie is being sent. However, some features of the website might not function properly if cookies are disabled. By visiting this website, you consent to the use of cookies and similar technologies in accordance with the Privacy Policy.

(e) Log File. Log file information is automatically reported by your browser each time you access a web page. When you access or use this website, the site’s servers may automatically record certain log file information, including but not limited to your web request, Internet Protocol address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the website, domain names, landing pages, and pages viewed.

(f) Clear GIFs/Web Beacons. Clear GIFs (also known as web beacons) allow for the tracking of a user’s response to an email or usage of a website in a manner that does not reveal personally identifiable information. Attorney may use clear GIFs or similar technologies to assess responses to emails and usage of the website. For example, clear GIFs may be used to track when emails are opened and which links are clicked by recipients. You can disable certain abilities of clear GIFs to capture information by blocking cookies.

(g) Device Identifiers. When you access or use the website using a mobile device, one or more “device identifiers,” such as a universally unique identifier, may be accessed, collected, monitored and/or remotely stored. Device identifiers are small data files or similar data structures stored on or associated with your device that uniquely identify your device. A device identifier may consist of data stored in connection with the device hardware, operating system or other software, or data sent to the device by us. A device identifier may convey information to me about how you browse and use the website. A device identifier may remain persistently on your device to enhance your navigation on the website. Some features of the website may not function properly if use or availability of device identifiers is impaired or disabled.

(h) Location Data. Attorney does not access, collect, monitor or store information about the location of your device.

(i) Professional Communications. Insofar as permitted under applicable law, I may use the information I collect or receive to communicate directly with you in relation to the website or related services I offer. Subject to your consent to receiving such communications (where legally required), I may use the information to communicate with you in relation to other services that I offer. If you send or communicate your name, email address or other contact information to me, I may use the information to send you emails containing blog posts, newsletters, updates on developments in the law, announcements of publications or products or services, or other information that I believe may be of interest to you. Except when an attorney-client relationship or other business relationship between us exists, you may opt out of receiving further information from me by contacting me or, if applicable, by using an “Unsubscribe” option included in my communication. I will not sell or give your personally identifying information (name, address, phone number, birth date, Social Security Number, or financial account information) to other parties for their own direct advertising purposes. See also the Terms and Conditions of Use , which generally address information you intentionally send me using email or a contact form on this website.

(j) Use of Certain Service-Type information. I may use information from cookies, log files, device identifiers, clear GIFs and other tools to:

  • remember information so that you will not have to re-enter it during your visit or the next time you use the website;
  • provide custom, personalized content or information to you or others;
  • monitor the effectiveness of the website;
  • monitor aggregate metrics, such as total number of visitors, traffic and demographic patterns;
  • diagnose or fix technology problems;
  • provide advertising to your browser or device; and
  • conduct research or surveys.
    • (k) Use of information with Your Consent. I may use your information for any other purpose for which you provide consent.

Purposes for Which Personal Data Is Used

The purposes for which your personal data is collected and stored are the following:

(a) To enable me to operate the website and to enable you to use it efficiently;

(b) Insofar as permitted under applicable law, to communicate with you in relation to my services and legal practice;

(c) To personalize, test, monitor, improve and upgrade the website;

(d) To assist law enforcement and respond to subpoenas;

(e) To meet my legal obligations and the regulatory requirements to which I am subject, for loss prevention purposes and to protect and enforce my rights and meet my obligations to third parties; and

(f) For internal business purposes, such as compiling and analyzing usage information for general operational, statistical and business purposes.

Cookies

By using this website you consent to the use of cookies as described in this Policy. If you wish to withdraw your consent, you can disable cookies on your device at any time by activating the setting in the preferences or options menu in your browser. However, disabling cookies may limit your ability to use the site. For more information about cookies, see under ‘How Personal Data Is Collected and Used’ above. You can also find more information about cookies, and about deleting and blocking them, at http://www.allaboutcookies.org . This Policy does not cover third-party cookies.

Automated Decision-Making

It is not anticipated that any decisions will be taken about you based solely on automated decision-making that will have a significant impact on you. However, I will update this Privacy Policy if this situation changes.

Your Responsibilities

It is important that your personal data is accurate and current. If you provided me with any details of personal data, please keep me informed if such details change.

The Legal Basis for Processing Your Data

The processing of your information is lawful on the basis of the following:

(a) Where relevant, your express consent (if your consent is requested or if you provide personal data voluntarily or in response to my request);

(b) Compliance with legal obligations to which I am subject, including to comply with legal process; or

(c) My legitimate interests in (among other things) providing and administering the website, conducting commercial research, improving and maintaining the website and the services I provide, personalizing and tailoring content made available to you through the website, protecting the security or integrity of databases, protecting my business or reputation, taking precautions against legal liability, dealing with my assets in the event of a business change, protecting and defending my rights or property, required institutional risk control, or for resolving disputes, investigating and attending to inquiries or complaints with respect to your use of the website or my services.

How Your Information May Be Shared

(a) No Sharing with Direct Marketers. I do not disclose personal information of clients or customers to third parties for the third parties’ direct marketing purposes unless the client or customer first affirmatively agrees to that disclosure. For purposes of this paragraph, “personal information” means first and/or last name, residence address, mailing address, telephone number, date of birth, Social Security Number, or financial account information.

(b) Business Associates and Service Providers. I may share information about you with third-party business associates and service providers that perform services on my behalf in connection with the website or the services I provide, such as independent contractors who host and maintain my website and email services. Where your information is shared with such third parties, I ensure that the third party service provider will deal with your information only on my behalf and on my written instructions and solely for the benefit of my business (and not for its own benefit).

(c) Business Change. If I become involved in a merger, consolidation, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution or other transaction, or if the ownership of all or substantially all of my business otherwise changes, I may share or transfer your information to successor party or parties in connection with such transaction or change in ownership or legal structure.

(d) Necessary Disclosure. Regardless of the choices you make regarding your information and to the extent permitted or required by applicable law, I may disclose information about you to third parties:

  • to enforce or apply the Terms and Conditions of Use or any applicable end user license agreement;
  • to comply with laws, subpoenas, warrants, court orders, legal processes or requests of government or law enforcement officials;
  • to protect my rights, reputation, safety or property, or that of my clients, users of the website, or others;
  • to protect against legal liability;
  • to establish or exercise my rights to defend against legal claims; or
  • to investigate, prevent or take action regarding known or suspected illegal activities; fraud; my rights, reputation, safety or property, or those of my clients, website users or others; violation of the Terms of Use, my policies or agreements; or as otherwise required by law;
  • as required by law (for example, if we are acquired by another firm or if we are liquidated during bankruptcy proceedings).


(e) Sharing information. I may share certain service-type information, including information obtained through tools such as cookies, log files, device identifiers, and clear GIFs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third-party business associates who may use such information for the purposes described in the section titled “How Personal Data Is Collected and Used.” I may make personal information available to agents, website vendors and/or contractors who may use it on my behalf or in connection with their relationship with me. If I am unable to assist you with a matter, but I know of an unaffiliated attorney or law firm that may be able to help you, I may refer you and share information you provided to me with that party.

(f) Aggregated data. As mentioned above, I may also aggregate or otherwise strip information of all personally identifying characteristics and may share that aggregated, anonymized data with third parties or publish it. This data does not personally identify you and helps me to measure the success of the website and its features and to improve your experience. I reserve the right to make use of any such aggregated data as I see fit.

How Your Information is Protected

I take certain physical, technological and administrative measures to protect the information you provide through the website against loss, theft, and unauthorized access, use, disclosure or modification. However, I cannot ensure or warrant the security of any information you transmit to me or guarantee that information on the website may not be accessed, disclosed, altered or destroyed. Messages and emails sent to or from the website may not be secure. You should use caution whenever submitting information online and take special care in deciding what information you send to me via email.

I cannot guarantee that transmissions of your personal data will be fully secure and that third parties will never be able to defeat our security measures or the security measures of our partners. ATTORNEY ASSUMES NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD-PARTY ACCESS OR CAUSES BEYOND HIS CONTROL.

Your Options About Your Information

(a) Controlling Your Settings. You can limit your browser or mobile device from providing certain information by adjusting the settings in the browser, operating system or device. Consult the documentation for the applicable browser, operating system or device for the controls available to you. You can also stop receiving promotional emails from me by following the “Unsubscribe” instructions in those emails. Note that unsubscribe is not available for certain emails concerning your relationship or dealings with us.

(b) Do Not Track. Your browser may offer a “Do Not Track” option, which allows you to signal to operators of websites, mobile applications, and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites and mobile applications and services. At this time, this website does not recognize “do not track” signals sent from web browsers Disabling tracking mechanisms may disable certain features of the website. To disable tracking, please consult the documentation for your browser, operating system or mobile device. For some devices, it may not be possible to disable tracking mechanisms. You may also disable tracking by certain third-party services by opting out:

Google Analytics http://tools.google.com/dlpage/gaoptout/
AdChoices http://www.youradchoices.com/choices-faq
ScorecardResearch http://scorecardresearch.com/optouttag.aspx

How Long Your Information Is Kept

I will only retain your personal data for as long as necessary to fulfil the purposes for which it is collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, I consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which your personal data is processed and whether those purposes can be achieved through other means, and the applicable legal requirements.

Children Under the Age of Sixteen

The website is not directed to children and is intended for use by adults only. I do not knowingly collect information from individuals under 16 years of age. Do not submit any information through the website if you are under the age of sixteen. If I learn that I have collected or received personal information from a child under sixteen without verification of parental consent, I will delete that information. If you believe I might have information from or about a child under sixteen, please contact me at the email address provided below.

Third-Party Websites and Services

This website may reference or provide links to other websites, applications, or resources. If you access any website, application, or resources provided by a third party, the Privacy Policy posted on this website will not apply. Your interactions with such websites, applications, and resources are subject to the privacy policies of the third parties that operate them. Please review those policies carefully to understand how those parties will treat your information.

Third-party collectors of information may include, among others, Google Analytics, other analytics programs, and Google Adwords remarketing service. Remarketing involves tracking devices that have visited the website in order to display ads for our services on other websites. Use these links to learn how Google uses data it collects, to prevent Google Analytics from using data from your device, or to opt out of Google’s interest-based ads.

You may opt-out of the collection and use of information for ad targeting by some third parties by visiting http://www.aboutads.info/choices. You can opt out of Google’s use of cookies by visiting Google Ad Settings. You can opt out of AdRoll’s and their partners’ targeted advertising here. See the “Cookies” section above for more information about how you can control the use of cookies on your computer.

Social Media

The website includes links to social media sites, such as LinkedIn, Twitter and Facebook. If you follow links to these websites or services, any information you contribute will be governed by the terms of use or privacy policies for those third-party websites, and may be visible to others. You should never share or post personal, financial or sensitive information or any information you expect to be treated confidentially through those websites.

California Residents

Our web servers do not modify, alter, change or respond upon receiving Do Not Track requests or signals in browsers. As explained above, we track user activity using web server logs, cookies and similar technologies. Information collected in web server logs helps us analyze website usage and improve the user’s experience. Cookies allow us to offer you a customized experience and present relevant advertising to you.

European Union

Users based in the European Economic Area have the following legal rights with respect to their personal data:

(a) The right to require the website owner to confirm whether or not their information is being processed, the purpose of any such processing, the recipients of any information that has been disclosed, the period for which their information is to be stored and whether any automated decision-making processes are used in relation to their information;

(b) The right to require the website owner to rectify inaccurate information without undue delay;

(c) Where the website owner has relied on the ‘consent’ basis for processing that information (see above), the right to withdraw their consent at any time. This right to withdraw consent does not affect the lawfulness of processing based on consent before its withdrawal;

(d) The right to request the erasure of their information. In general, a data subject may be entitled to require the erasure of their personal data records where:

  • the information is no longer necessary in relation to the purpose for which it was collected, such as where a user chooses to terminate his or her use of a feature of the website;
  • where the processing of the information is based on the user’s consent (and the other circumstances described in the ‘Legal Basis for Processing Your Data’ and ‘How Your Information May Be Shared sections above no longer apply), if the user withdraws his or her consent; or
  • where the personal data is processed by the website owner solely on the basis of a ‘legitimate interest’ referred to in the ‘Legal Basis for Processing Your Data’ section above (and the other legal bases set out therein do not apply), if the user objects to the processing of his or her personal data and there are no overriding legitimate grounds for the processing (such as, for example, where the processing of the data is required to meet statutory obligations or for the defense of legal claims).
    Where the website owner has disclosed the information of a user in the European Economic Area to a third party and the user requests the erasure or rectification of the data, he will take all reasonable steps to inform the third party of such request;

(e) The right to require the website owner to restrict its processing of a user’s personal data in certain circumstances, such as where the accuracy of that data is disputed or an objection has been raised. In such circumstances, Attorney will only process that information with the express consent of the user, or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest;

(f) Where data is processed on the basis of data subject consent or in fulfillment of a contractual obligation, the user’s right to receive his or her personal data from Tom James in a structured, commonly used and machine-readable format;

(g) The right to object to the processing of personal data where:

  • Attorney relies solely on the ‘legitimate interest’ basis for processing that data, in which case he will be legally required to stop processing the user’s information unless he has compelling legitimate grounds for the processing which override the user’s privacy rights and interests; or
  • the information is used for direct marketing purposes, in which case Attorney will immediately stop processing the user’s information for such purposes;

(h) Users have the right to lodge a complaint with the data protection supervisory authority of the EU member state where the user resides.

Submitting a Consumer Request

You can submit a verifiable consumer request to know or request for deletion of your personal information by sending an email to tom880013@gmail.com or by sending postal mail to PO Box 46162, Plymouth MN 55446.

When you submit a consumer request through one of the methods provided above, I may ask you to provide some information in order to verify your identity and respond to your request. I may ask you to verify information that can be used to link your identity to particular records in our possession, which depends on the nature of your relationship and interaction with me or the website. For example, if your sole interaction with me was as a website visitor, then in order to verify your identify, I will need to ask you to provide your name, email, phone number, IP address, device ID, browser ID, and/or cookie ID.

You can authorize someone else as an Authorized Agent who can submit a consumer request on your behalf. To do so, you must either (a) execute a valid, verifiable, and notarized Power of Attorney or (b) provide other written authorization that I can then verify. When I receive a consumer request submitted on your behalf by an Authorized Agent, that person will be asked to provide written proof that they have your permission to act on your behalf, and I will also contact you and ask you for information to verify your own identity directly with us and not through your Authorized Agent.

An effort will be made to respond to a verifiable consumer request within forty-five (45) days of its receipt. If I require more time (up to 45 additional days, or 90 days total, from the date I receive your request), I will inform you of the reason and extension period in writing. I will deliver a written response by mail or electronically, at your option. Any disclosures I provide will only cover the 12-month period preceding my receipt of your verifiable consumer request. The response I provide will also explain the reasons I cannot comply with a request, if applicable. I do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If I determine that the request warrants a fee, I will tell you why I made that decision and provide you with a cost estimate before completing your request.

Unsubscribing

If you receive commercial emails from me, you may Unsubscribe at any time by sending an email to tom880013@gmail.com with the word “Unsubscribe” in the subject header and in the body of the message.

Changes to the Privacy Policy

Please review the Privacy Policy each time you use the website. Attorney reserves the right to change and update this Policy from time to time, and the updated version of this Policy will be effective upon posting on the website. Please check this page to review the most up-to-date version of this Policy. If a change is made, I will update the modification date here:

Last updated on June 7, 2024.

Governing Law and Jurisdiction

This Privacy Policy is governed by and construed in accordance with the laws of the United States and the laws of Minnesota, to the fullest extent legally permissible. By using this website, you expressly agree that unless the parties mutually agree otherwise, any mediation, arbitration, lawsuit or other procedure for addressing or resolving a dispute with me with respect to your privacy rights or the security of your personal information will be exclusively held in the state of Minnesota, and you expressly agree to the sole jurisdiction of courts located in the State of Minnesota for any legal actions.

Contact Information

If you have any questions regarding this Privacy Policy or if you wish to make a request in accordance with one of its provisions, you may email the Attorney at tom880013@gmail.com or send postal mail addressed to:

Tom James
PO Box 46162
Plymouth, MN 55446

(USA)

Consent

By using or accessing this website, using a feature on this website, or requesting and/or using my legal services, you consent to all Terms and Conditions of Use and to all of the terms and provisions of this Privacy Policy.

© 2020 – 2024 Tom James. All Rights Reserved

Cookie Policy

What are cookies?
This Cookie Policy explains what cookies are and how we use them, the types of cookies we use i.e, the information we collect using cookies and how that information is used, and how to manage the cookie settings.

Cookies are small text files that are used to store small pieces of information. They are stored on your device when the website is loaded on your browser. These cookies help us make the website function properly, make it more secure, provide better user experience, and understand how the website performs and to analyze what works and where it needs improvement.

How do we use cookies?
As most of the online services, our website uses first-party and third-party cookies for several purposes. First-party cookies are mostly necessary for the website to function the right way, and they do not collect any of your personally identifiable data.

The third-party cookies used on our website are mainly for understanding how the website performs, how you interact with our website, keeping our services secure, providing advertisements that are relevant to you, and all in all providing you with a better and improved user experience and help speed up your future interactions with our website.

Types of Cookies we use
Necessary
Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.

Cookie Duration Description
cookieyes-consent 1 year CookieYes sets this cookie to remember users’ consent preferences so that their preferences are respected on their subsequent visits to this site. It does not collect or store any personal information of the site visitors.
_GRECAPTCHA 5 months 27 days This cookie is set by the Google recaptcha service to identify bots to protect the website against malicious spam attacks.
Functional
Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.

Cookie Duration Description
__cf_bm 30 minutes This cookie, set by Cloudflare, is used to support Cloudflare Bot Management.
Advertisement
Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.

Cookie Duration Description
_ir session This is a Pinterest cookie that collects information on visitor behaviour on multiple websites. This information is used on the website, in order to optimize the relevance of advertisement.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.

Cookie Duration Description
wp_api past No description
wp_api_sec past No description
BIGipServeravvo-k8s-20080_POOL session No description

Manage cookie preferences
Cookie Settings
You can change your cookie preferences any time by clicking the above button. This will let you revisit the cookie consent banner and change your preferences or withdraw your consent right away.

In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. Listed below are the links to the support documents on how to manage and delete cookies from the major web browsers.

Chrome: https://support.google.com/accounts/answer/32050

Safari: https://support.apple.com/en-in/guide/safari/sfri11471/mac

Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox?redirectslug=delete-cookies-remove-info-websites-stored&redirectlocale=en-US

Internet Explorer: https://support.microsoft.com/en-us/topic/how-to-delete-cookie-files-in-internet-explorer-bca9446f-d873-78de-77ba-d42645fa52fc

If you are using any other web browser, please visit your browser’s official support documents.

Cookie Policy Generated By CookieYes – Cookie Policy Generator.

Entire Agreement

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

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