Legal Notices/Disclaimers
Materials and other information provided on the Timmerman, Beaulieu, & Hinkle, LLC (“TBH”) website are for general informational purposes only and do not constitute solicitation or legal advice. Website materials should never be a substitute for conferring directly with professional legal counsel with respect to your particular legal matters in the appropriate state or other jurisdiction. Never rely upon or take any action with respect to specific, personal legal matters based on information contained on this website. While we attempt to update and maintain the information as accurately as possible, the law changes frequently. Therefore, the website may be incomplete, may contain errors and/or may not reflect the most current legal developments. TBH disclaims any and all liability with respect to any action you do or do not take in reliance on any material on this website. The website may include links to external websites maintained by other organizations or agencies and third parties may link to this website. Websites accessible through links are owned and operated by third parties who have no affiliation with TBH. TBH does not recommend, endorse, sponsor or approve of the operators of or the content in any linked websites, nor does it have any control over the substance or accuracy of websites accessed through the links. Consequently, TBH cannot be responsible for and disclaims any and all liability for injury incurred as a result of any use of or reliance on material contained through the links and/or any action the third party website operators may take with respect to you after you have accessed their websites.
Attorney Advertising
Any information contained on this website with respect to results obtained by TBH lawyers is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. Images may be those of actors depicting fictional scenes. References to past or present clients or the circumstances of their specific matters do not constitute testimonials or endorsements by such clients, nor are they a guaranty, warranty or prediction of the outcome of your legal matter. This website may constitute a “communication” or “solicitation” as defined the Rules of Professional Conduct in that it is a message made by and on behalf of attorneys at TBH concerning their availability for professional employment. This website may also constitute advertising pursuant to Rules of Professional Conduct of certain states. Please understand that you should never base a decision to retain the legal services of any TBH lawyer solely upon this website or advertisements of any kind.
Attorney-Client Relationship
If you communicate with us, whether through telephone, email or other means, your communication and our response is not confidential and does not establish an attorney-client relationship between you and either TBH or any of the firm’s attorneys. At TBH, an attorney-client relationship cannot be formed over the telephone, by email or other electronic medium. An attorney-client relationship can only be created by personal contact with an individual TBH attorney and requires our prior written consent to act as your legal counsel together with your execution of a written engagement agreement with TBH P.C.
Confidentiality/Privacy
TBHE guards the confidentiality of its clients’ matters and, consistent with our professional obligations, will not divulge information relating to client matters without prior consent or other established exceptions. Please understand that any information sent by any means to TBH by persons or entities who are not existing clients is not privileged or confidential, will not be treated by us as such, and may not be returned to you and may be destroyed. We are committed to the security of information our clients provide to us and, therefore, employ commercially available security measures to prevent unauthorized access to information we collect from clients through this website. However, security of the internet, in general, and email, in particular, is uncertain at best. TBH strongly cautions its clients against transmitting unencrypted sensitive or confidential material over the internet. Not only might such transmission result in inadvertent disclosure, but it may also result in loss of the protection typically afforded to communications made as a part of an existing attorney-client relationship. Therefore any such transmission by you is at your own risk, TBH disclaims any resulting liability or damage – whether or not transmitted by an existing client – and you agree that TBH shall have no liability therefor. Visits to www.tbhelaw.com are tracked through standard web traffic statistics programs which record site traffic as well as numerical counts of visitors by domain, URL, search engine keywords used, your browser, operating system and Internet service provider information and other standard web measurements. We use non-personally identifiable information to analyze website usage which allows us to improve the design and content of our website. TBH does not collect your personally identifiable information unless you specifically provide it. For example, if you choose the “Contact Us” button, email us or choose to register for a practice-specific mailing or newsletter, the required contact information, such as your name, email address, telephone number, etc., as well as other information you voluntarily provide, will be retained in a database not located on the Internet. TBH will not contact you about other matters unless you specifically request that we do so. Requested materials will be emailed to you. Each email will contain instructions as to how you may remove yourself from the firm’s mailing lists but you may also unsubscribe at any time by sending a message addressed to mjh@tbhelaw.com. Please include your name and email address in the body of the message. We will try to comply with your request within three business days. Except as set forth in these legal terms, as required by law or when we believe in good faith that the law requires it, TBHE does not share, rent or sell information specific to you and/or that identifies you to anyone outside of TBH. We may, however share your data with TBH personnel wherever located. Operators of third party websites accessible to you through links on our site may use information of any nature gathered through the link in a manner different from that set forth in these Website Legal Terms. Please consult privacy statements contained on such third party sites as they will govern use of your information. TBH has no control over any third party website operators and you agree that TBH shall have no liability for any third party use of information about you gathered through the links. Personal information provided by visitors outside the U.S. may be transferred to and stored in our databases located in the U.S in accordance with U.S. law and not the law of the non-U.S. jurisdiction. You hereby expressly agree to such transfer and storage. By using our website, you agree to our use of your information as described in these Legal Terms. We reserve the right to change the confidentiality/privacy terms at any time, so please consult these terms regularly.
Ownership
All material on this website, including without limitation all text, photographs, graphics, computer code, trademarks and other intellectual property, is proprietary to TBH which is the sole and exclusive owner. While you may temporarily download or store portions of the material solely to view them on a standalone PC or monitor, all such use must be personal. Any duplication or distribution other than as provided in the website is prohibited. Use of this website and/or its content for anything other than personal reference purposes is prohibited.
Licensure
Although this website may be viewed from any of the 50 United States of America and its territories, as well as any country, TBH attorneys practice primarily in the States of Maryland, Pennsylvania, New Jersey, the District of Columbia and Virginia. The bar memberships of our attorneys are listed in the attorney directory. Other jurisdictions may have laws and regulations which differ substantially from those of Maryland, Pennsylvania, New Jersey, the District of Columbia and Virginia. TBH’s attorneys are only authorized to practice law in those jurisdictions to which they have gained admission, subject to limited exceptions under the rules of particular jurisdictions.
Enforcement of Legal Terms
By accessing this website, you agree that any disputes or matters arising out of or related to your viewing or use of this website, or communications made through this website, shall be governed under the laws of the State of Maryland without regard to its conflict of laws principles. If the rules of the state bar in your jurisdiction require us to identify an attorney and office responsible for this website, TBH designates Jason P. Beaulieu, located in the Annapolis office in Maryland, as the responsible attorney and office.
How to Contact Us
Should you have questions or concerns about any portion of these legal terms you may contact TBH at jpb@tbhelaw.com. Should you decide that you no longer want us to retain your personal data or you want to change how the data may be used, please email us at this address as well.
Website Terms of Use and Disclaimer for TBHE Blogs
TBH P.C. (“TBH”), owns, operates and/or controls a network of websites and web pages, including www.tbhelaw.com and its associated and/or successor URLs, websites, technical and functional capability, webpages, Licensed Content and other materials (collectively, the “Sites”). These Sites are provided to visitors and users of the Sites (collectively, “You” or “Your”) only if You agree to these Terms of Use unconditionally and without modification. Your use of any of the Sites constitutes Your acceptance and agreement to all these terms and conditions. THESE TERMS OF USE DO NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN TBHE AND A SITE USER. (See “Disclaimers, Limitation of Liability and Indemnity at 14, below). TBHE’s obligations with respect to its legal services are governed solely by the specific written agreement through which they are provided. Additional terms and conditions may apply to specific portions or features of the Sites (such as public forums or other interactive portions of the Sites), all of which are incorporated into these Terms of Use. You will be bound by such additional terms should You use the specific features or portions of the particular Sites. If the additional terms conflict with these Terms of Use, the additional terms shall apply. PLEASE TAKE THE TIME TO READ ALL TERMS OF USE CAREFULLY BEFORE USING THE SITES. By accessing, registering on or otherwise using any of the Sites, You will be presumed to have read these Terms of Use whether or not You have read them and You will have unconditionally agreed to them. If you do not agree to these Terms of Use, do not access, view or use the Sites.
1. Generally
Many factors go into any decision-making process and everyone’s particular circumstances and legal needs differ. Therefore the Sites and Licensed Content are provided for general informational purposes only; they do not constitute solicitation or legal advice, and should never be a substitute for conferring directly with professional legal counsel with respect to your particular legal matters in the appropriate State or other jurisdiction. Never rely upon or take any action with respect to Your specific, personal legal matters based on Licensed Content contained on the Sites. Subject to the Terms of Use You are free to browse the Sites to learn more about TBH, its core values, operating principles, mission, philosophy, attorneys and legal services and to browse its publications and other educational materials (although some of these activities require that You provide Your email or other address). The Sites and all material posted on the Sites or otherwise approved by TBH (collectively, “Licensed Content”) may be used for the sole and limited purposes set forth in the Sites and these Terms of Use. You may view and print portions of the Licensed Content for Your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use if and only if the copied material is:
- clearly attributed to TBH and to the individual authors if named;
- not presented in a way that suggests some other attribution, sponsorship or endorsement;
- not sold, alone or as part of a collection, for more than the direct costs of reproduction and distribution.
Any other use of Licensed Content without TBH’s prior written approval is strictly prohibited. Contact TBH for permission to reproduce commercially in any form.
2. Educational Material, Case Summaries and Other Information
While TBH uses commercially reasonable efforts to update and maintain the Licensed Content to provide accurate information, laws and regulations applicable to the variety of industries served frequently change. Therefore, Licensed Content may be incomplete, contain errors and/or may not reflect the most current legal developments. TBH cannot ensure or guarantee and does not warrant that a specific publication or any Licensed Content provided on the Sites will be complete, accurate or current.
3. Confidentiality and Data Security
If you communicate with TB, whether through telephone, email or other means, your communication and TBH’s response are not privileged or confidential and do not establish an attorney-client relationship between you and either TBH or any of the firm’s attorneys. TBH values its relationship with visitors and clients and uses commercially available technology to safeguard any personal information collected through the Sites. Nevertheless, TBH views the internet is an open medium and does not believe that any data transmission through the internet is completely secure. You transmit information specific to You at Your own risk. TBH does not guarantee or warrant the security of information You transmit. Once received, Your information is stored in the United States. TBH takes various precautions to safeguard information stored on its systems against loss, theft and misuse as well as unauthorized access, disclosure, alteration and destruction. Information Collected: Generally TBH does not collect personal information through the Sites. You may visit the Sites without telling TBH who You are or revealing personal information about Yourself. However, TBH, its business partners and other companies providing services to or on behalf of TBH (such as, for example, companies assisting with the operation or features of the Sites, advertising and promotional campaigns, surveys, and the like) may use various technologies (such as cookies, web beacons, pixel tags, click-through URL links) to collect non-personally identifiable information discernable as a result of Your visit. This may include, without limitation, Your IP address, web pages requested or viewed, date, time and domain type, demographic information and responses to surveys, promotions and advertisements. Information gleaned from Your browser is automatically received and recorded on server logs. As technology evolves, information may be gathered through other means as well. You may set Your browser either to notify You when You receive a cookie or to refuse to accept cookies. However, if you do so You may not be able to participate in certain of the Sites’ features. Public information that personally identifies You, such as Your name, address, e-mail address, telephone number and demographic data specific to You may also be collected from a variety of sources. You may provide personally identifiable public information directly, or it may be gleaned through the Sites or collected from other sources. For example, when You subscribe to receive publications, You provide Your name, email address and in some cases Your mailing address. This information is stored to fulfill Your subscription request. You cannot communicate with TBH through the “Contact Us” link on the Sites or via e-mail without providing some personally identifiable information. If You contact TBH or its service providers, a record of that session or correspondence will be maintained. Information identifying You is collected and stored when You participate in public forums, blogs, chat rooms, news groups or bulletin boards, ask questions, request literature and/or other information. If you use any interactive public areas of any of the Sites, any information You share is visible to other users. Any information You submit through one of these forums can be read, collected, shared or used by other individuals, for example, to send You unsolicited messages. TBH is not responsible for information You choose to submit in these forums. Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication located on the Sites or that You transmit, upload or post to, them generally and through the public forums, or email to TBH (collectively, “Communications”) are non-confidential and nonproprietary and become the property of TBH. TBH has no obligation to preserve the confidentiality of or refrain from disclosing any Communications. You recognize and acknowledge that Your submission of any suggestions, ideas, images, sounds, enhancements, data or other material is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort. TBH has no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes in any medium whatsoever and without additional consent or approval from You. Please exercise caution and discretion in disclosing personal information through any public forums, including uploading photos to them. Information Use/Sharing: TBH will not trade, sell or share Your contact information with third party marketers without Your consent unless required by law or as disclosed to You when the information is collected or as provided in these Terms of Use. TBHE may use any public information gained through the Sites for any legal purpose. If You access the Sites outside the United States, Your connection is through and to servers located in the United States. Any information You provide will be processed and maintained in the United States on TBH’s Sites’ servers and/or other network systems operated by or for TBH’s benefit. If You access the Sites and/or reside outside the United States, Your information may be stored, transmitted and shared in accordance with U.S. data privacy laws which may not be equivalent to those in effect in Your country. TBH uses information You provide that identifies You in a number of ways. Your contact information is required to fulfill Your requests to subscribe to newsletters or other publications, literature or other information, to answer questions, confirm appointments, correct problems with the Sites, to customize Licensed Content, improve support services, to conduct research, advertising, marketing and promotional campaigns, or to provide anonymous reporting for internal use and to third parties. Information collected from any source may be combined to improve services and enable more targeted, tailored communications. It may also be aggregated and made available without identifying You to ascertain trends, security/privacy patterns and research, internal record keeping and reporting, measuring and reporting learning, performance and other statistical information concerning any aspect of the Sites. If TBH were to merge with or be acquired by another law firm or if it were to cease operations, Your information may be transferred to the surviving or acquiring entity or to another person or entity and will then be subject to that person’s or entity’s privacy policy which may be different from that of TBH. Your information may be disclosed if there is reason to believe that disclosure is necessary to identify, contact or bring legal action to enforce any legal rights, including against You or a third party, for nonpayment of any amounts owed, violation of any agreement, and to prevent injury to or interference with TBH’s rights or property, the rights or property of users of other Sites or anyone else that could be harmed by such activities. TBH may disclose or access account information when it believes, in good faith, that disclosure is required by law, for administrative and other purposes deemed necessary to ensure it is paid for products sold through the Sites and to protect its rights or property. By accessing and using the Sites, You agree that information You have provided may be used and disclosed as described above or as these Terms of Use may be modified from time to time. To Update Your Information/Unsubscribe: You have choices as to how TBH will communicate with You. The Sites allow You to choose to receive, or stop receiving communications from TBH. You may update Your information or stop receiving subscription materials or other communications at anytime by emailing mjh@tbhelaw.com Attn: Michael Hinkle Webmaster. Please note that You may continue to receive messages for a short time until TBH’s records are updated. Notice to California residents about your California privacy rights: In addition to the other rights described in this policy, if You are an individual residing in California, You have the right to request information regarding the third parties with whom TBHE has shared personal information for direct marketing purposes during the past year. You have the right to submit a request to TBHE at its designated address and receive the following information within 30 days of its receipt of that request: (1) the types of personal information disclosed to third parties during the immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information, and (3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its products or services. You are entitled to receive a copy of this information in a standardized format. Information provided will not be specific to you individually. All such requests must be in writing and sent to TBHE’s designated address set forth in Section 14.
4. User Conduct
In general, TBH expects visitors to interact with TB and other users of the Sites in a courteous manner and in compliance with all laws. Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Sites, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting Your affiliation with TBH or another is prohibited. You may not upload to, distribute or otherwise publish through the Sites any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringes upon another’s proprietary rights is invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Sites, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”). You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Sites, use the Sites to solicit others, advertise or promote anything. Framing, in-line linking or other means of associating the Sites, Marks or Licensed Content with another or with any material, link or information not originating with TBH is expressly prohibited. You may not probe, scan or test the vulnerability of the Sites or any networks. You many not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Sites or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Sites or any Licensed Content, circumvent the security features or attempt to access any materials or information through any means not purposely made available by TBH through the Sites. Any attempt to interfere with or disrupt the Sites, its servers, networks, Software, equipment or database connected to the Sites, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, trace the information of any other user or visitor, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Sites, users or other visitors is strictly prohibited.
5. Social Media/Blogs/User Submissions
Certain more interactive portions of the Sites, such as the blogs and other social media forums require special mention and reiteration. The purpose of a TBH blog Site is to facilitate a dialogue on various legal and business issues. TBH encourages on-topic participation subject to the Terms of Use. You agree that Your participation in any dialogue through a blog Site does not constitute legal advice or create an attorney/client relationship. TBH insists that all statements made about it and its products be accurate, not misleading and not contain unsubstantiated statements. TBH adheres to and requires that its employees, service providers and others endorsing or otherwise acting on behalf of TBH on a blog or other public forum all adhere to applicable State Rules of Professional Conduct and Federal Trade Commission (FTC) rules and guidelines governing endorsements and testimonials. The FTC requires that endorsers disclose a material connection with an advertiser, his/her/its affiliation with TBH and if incentives, free products or gifts or other compensation was received from TBH. Because Your opinions may be considered an “endorsement” and You an “endorser” under the FTC’s revised Endorsement and Testimonial Guide, it is important that You review and fully and completely understand what the FTC requires. You are responsible for complying with FTC requirements. For example, the FTC requires that You , as an endorser (i) let readers know if You received any free products or any other item of value from TBH or if another material connection exists, and (ii) ensure that Your statements about and reviews of TBH products reflect Your honest opinions, beliefs and findings. If You wish to learn more, You may access the most recent revisions to the FTC’s Endorsement and Testimonial Guides at https://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf. If you suspect a blogger is not making the proper disclosures please contact mjh@tbhelaw.com, Attn: Michael Hinkle, TBH Webmaster. You are solely responsible for Your Communications and Your activities on the Sites. Although TBH may, it has no obligation to, monitor Your Communications. TBH has the right not to post or publish Licensed Content and/or Your Communications and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will TBH be liable in any way for any Communications, Your or another’s use of the Sites or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Sites. Performance, experience, competence or other claims made through public, interactive areas provided on the Sites have not undergone review, or research by TBH to substantiate such claims.
6. Case Summaries-Limitation On Prior Results
Licensed Content specifying results obtained by TBH lawyers is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. Images on the Sites may be those of actors depicting fictional scenes. References to past or present clients or the circumstances of their specific matters do not constitute testimonials or endorsements by such clients, nor are they a guarantee, warranty or prediction of the outcome of your legal matter.
7. Advertising
The Sites constitute a “communication” or “solicitation” as defined in Rule 1-400A of the California Rules of Professional Conduct in that they are messages made by and on behalf of attorneys at TBHE concerning their availability for professional employment. The Sites may also constitute advertising pursuant to Rules of Professional Conduct of other states. Please understand that You should never base a decision to retain the legal services of any TBHE lawyer solely upon these Sites, the Licensed Content or advertisements of any kind.
8. Licensure
Although the Sites may be viewed from any of the 50 United States of America and its territories, as well as internationally, TBH attorneys practice law primarily in the States of Maryland, New Jersey, Pennsylvania, the District of Columbia and Virginia, United States of America. Some TBH attorneys may be licensed to practice in other states. The bar memberships of our attorneys are listed in the attorney directory located on the Sites. Other jurisdictions may have laws and regulations which differ substantially from those of Maryland, New Jersey, Pennsylvania, the District of Columbia and Virginia. TBH attorneys are only authorized to practice law in those jurisdictions to which they have gained admission, subject to limited exceptions under the rules of particular jurisdictions.
9. Indemnity
You agree to indemnify, defend and hold TB, its members, officers, directors, employees, suppliers, service providers, agents and employees, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything You submit, transmit through or upload to the Sites, Your use of the Sites, Your connection to the Sites, Your violation of these Terms of Use, or Your violation of any Rights. You agree to indemnify TBH for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against TBH by any third party based upon any Communications You provide or Your use of the Sites.
10. Modifications to the Sites and these Terms of Use/Termination
From time to time TBH may change the Licensed Content, disable certain features of the Sites, expand the Sites’ capability, or suspend or terminate anyone’s access to or use of the Sites for any reason but especially if TBH believes that You have violated or acted inconsistently with the letter or spirit of these Terms of Use. TBH also reserves the right at any time and from time to time to modify these Terms of Use, the Sites, their functionality and capabilities and/or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You should also regularly review these Terms of Use. You agree to be bound by the Terms of Use as modified and that TBH shall not be liable to You or to any third party in any way for any suspension or termination of Your access to or use of the Sites.
11. Links
The Sites may contain links to other internet websites or resources. When You link to those sites, You leave the Sites. TBH has no control over such sites, their content and resources or the business practices or policies of operators of such sites. The privacy terms set forth in these Terms of Use do not apply to the practices of any companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that You visit to learn more about their information-gathering practices. TBH expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Sites does not imply that TBH endorses the linked site. Your use of any links is at Your own risk. You further acknowledge and agree that TBH 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 Your use of or reliance on any goods, services or materials available on or through any such link, site or resource.
12. TBH’s Proprietary Rights
Everything You see or read on the Sites, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Sites and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use without TBH’s express written permission. The Sites and any necessary software or other technology used in connection with the Sites (“Software”), the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Sites, regardless of source, all Marks and other intellectual property relating thereto and all information and data collected through the Sites (all of which are included in and as the “Licensed Content”),are owned by TBH or other designee, its suppliers or partners, is used under license granted to TBH and contains proprietary and confidential information that is protected by all applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, product and service names or marks, logos, graphics, page headers, button icons and scripts, individually or combined with one another (collectively the “Marks”) and whether or not registered, are owned by and/or proprietary to TBHE and/or its affiliates or other designees, or other third party owners who have granted TBH the right and license to use its marks (“Third Party Marks”). You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner, but especially not in a manner that is likely to cause confusion in the marketplace or in any matter that disparages or discredits TBH or its affiliated companies. This includes use of the Sites’ addresses or Marks in page text, as key words, meta tags or any other “hidden text.”
13. Notices and Procedures for Making Claims of Copyright Infringement
TBH respects the intellectual property of others, and asks users and visitors to its Sites to do the same. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to TBH. TBH will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, TBHE will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If You believe that Your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. a description of the copyrighted work that You claim has been infringed;
c. a description of the material that You claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable TBH to locate the material on the Sites;
d. your name, address, telephone number, email address and all other information reasonably sufficient to enable TBHE to contact You;
e. a statement by You that You have a good faith belief that use of the material as described by You is not authorized by the copyright owner, its agent, or the law;
f. a statement by You, made under penalty of perjury, that the information in Your notification is accurate and that You are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of copyright infringement should be directed to:
By mail:
Timmerman, Beaulieu, &Hinkle, LLC 1 Olympic Avenue, Suite 900 Towson, Maryland 21204 Attn: Michael Hinkle, TBH Webmaster By Email: mjh@tbhelaw.com (Please include “Notice of Infringement” in the subject line.) IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING TBHE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
14. DISCLAIMERS AND LIMITATIONS OF LIABILITY
TBHE DOES NOT OFFER LEGAL ADVICE OR COUNSELING THROUGH THE SITES AND NOTHING CONTAINED IN THE LICENSED CONTENT OR ON THE SITES SHOULD BE CONSTRUED AS OFFERING SUCH ADVICE. AT TBHE, AN ATTORNEY-CLIENT RELATIONSHIP CANNOT BE FORMED OVER THE TELEPHONE, BY EMAIL OR OTHER ELECTRONIC MEDIUM. AN ATTORNEY-CLIENT RELATIONSHIP CAN ONLY BE CREATED BY PERSONAL CONTACT WITH AN INDIVIDUAL TBHE ATTORNEY AND REQUIRES OUR PRIOR WRITTEN CONSENT TO ACT AS YOUR LEGAL COUNSEL TOGETHER WITH YOUR EXECUTION OF A WRITTEN ENGAGEMENT AGREEMENT WITH TBHE. TBHE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ LICENSED CONTENT OR ANY MATERIAL OR OTHER INFORMATION ACCESSIBLE THROUGH THE SITES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITES, LICENSED CONTENT, PUBLICATIONS AND OTHER MATERIALS AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TBHE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES. (B) TBHE MAKES NO WARRANTY THAT: (I) THE SITES WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SITES WILL BE UNINTERRUPTED OR TIMELY; (III) THE SITES ARE SECURE; (IV) LICENSED CONTENT IS ACCURATE OR ERROR-FREE; (V) RESULTS OBTAINED FROM USE OF THE SITES WILL BE ACCURATE OR RELIABLE; OR (VI) THE QUALITY OF THE LICENSED CONTENT, SITES, INFORMATION, OR OTHER MATERIAL ACCESSED THROUGH THE SITES WILL MEET YOUR EXPECTATIONS. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE. (D) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TBHE OR THROUGH OR FROM THE SITES SHALL CREATE ANY ATTORNEY-CLIENT RELATIONSHIP OR WARRANTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TBHE SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TBHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, LICENSED CONTENT AND MATERIALS SHOWN OR AVAILABLE FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITES. IN ANY CASE, TBHE’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST TBHE WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
15. Notice
Notices to You may be made via either email or regular mail. Notice or other correspondence to TB should be sent prepaid, by certified mail, return receipt requested or overnight commercial courier to: Timmerman, Beaulieu, & Hinkle, LLC 1 Olympic Place, Suite 900 Towson, Maryland 21204 Attn: Michael Hinkle, TBH Webmaster
16. General Information
TBH administers and operates the Sites from its headquarters in Towson, Maryland USA. Although the Sites may be accessible worldwide, not all features, or services discussed, referenced, provided or offered through or on any of the Sites are available to all persons or in all geographic locations, or are appropriate or available for use in Your jurisdiction. TBH reserves the right to limit the provision and quantity of any feature, or service to any person or geographic area in its sole discretion. These Terms of Use and any other agreements, whether or not referenced herein, constitute the entire agreement between You and TBH with regard to use of the Sites. These Terms of Use, Your use of the Sites and any other agreement with and the relationship between You and TBH shall be governed by the laws of the State of Maryland without regard to choice of law provisions. You and TBH agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over Baltimore County, State of Maryland, regardless of the fact that the Sites is accessible outside the United States. Notwithstanding the foregoing, TBH may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of TBH to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, You must file any claim or cause of action arising out of or related to Your use of the Sites or the Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
17. Violations
Please report any violations of the Terms of Use to mjh@tbhelaw.com.