Terms & Conditions

Terms & Conditions

Terms of Use

Effective October 1, 2008
Welcome to montand.com (the “Site”). This Site is operated by Montgomery and Andrews, P.A. (“M&A”). Please read these Terms of Use carefully before using this Site. By using the Site, you agree to be bound by these Terms of Use. M&A reserves the right to modify these Terms of Use at any time by posting modified Terms of Use, and your continued use of the Site thereafter will constitute agreement with such modifications.

Nature of Information and Materials

Although this Site may provide information concerning legal issues, such information is not intended to constitute or be a substitute for legal advice from qualified counsel. You agree that M&A is not engaged in rendering legal services or advice by providing the information and materials on this Site, and that your use of the Site does not create any attorney-client relationship between you and M&A. M&A assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or material on this Site. While M&A takes reasonable measures to keep the information on this Site accurate, complete and up-to-date, M&A will not be responsible for any damage or loss related to the inaccuracy, incompleteness or lack of timeliness of the information.

Restrictions on Use of Materials

All materials contained on this Site, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by M&A or its affiliates. You agree not to copy, reproduce, republish, transmit, modify or distribute any of the materials contained on the Site, except for your personal, noncommercial use, absent the prior written approval of M&A.

Links to Other Sites

This Site may include links to other Internet sites that are beyond the control of M&A. M&A is not responsible for the content of any such sites, makes no representations regarding any such sites, and does not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.

Disclaimer

The materials provided on this site are provided “as is” and without warranty of any kind, express or implied. M&A disclaims all express and implied warranties with regard to the information and materials contained on this site, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

In no event shall M&A, or its partners or affiliates, or contributors to this Site, be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access or use of this Site. You hereby waive any and all such claims against M&A, its partners, affiliates, and contributors. You agree that the limitations set forth above are fundamental elements of this agreement, and that the site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.

Indemnification

You agree that you will not use this Site for any unlawful purpose, or for any purpose prohibited by these Terms of Use. You agree to indemnify, defend and hold harmless M&A, its partners, affiliates and contributors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of these Terms of Use, and/or (ii) your posting or use of materials on this Site.

Governing Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Mexico, without giving effect to any principles of conflicts of law. To the extent the State Bar Rules in your jurisdiction require us to designate a principal office and/or single attorney responsible for this website, M&A designates its office in Santa Fe, NM as its principal office and Jeffrey Wechsler as the attorney responsible for this website.

Non-Waiver

M&A’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.