MONTANA CIVIL LAW DIGEST TERMS OF USE

Effective Date: JAN. 27, 2025

These Terms of Use (this “Agreement”) govern your use of all digital products and services from NewWest Communications LLC and Montana Civil Law Digest.

These services we provide to you are made available including without limitation, any webpages, services, content, newsletters, databases and information therein (each, a “Service” and collectively, the “Services”, unless other terms and conditions expressly govern.

There may be others in the future, but examples of the digital products and services that this Agreement governs include montanaliving.com and montanaclawdigest.com. These products and services are provided either directly by NewWest Communications LLC or our affiliates.

Except as otherwise specifically set forth in this Agreement, this Agreement contains the final and entire agreement between you and us regarding your use of the Services and any aspect of the relationship between you and us and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services.

We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign or transfer your rights or obligations under this Agreement to anyone, but our rights and obligations under this Agreement may be assigned or transferred by us without restriction, notice or other obligation to you. No third party (other than Dow Jones's affiliates providing or facilitating any Services hereunder) is a beneficiary of this Agreement. All rights not expressly granted to you hereunder are reserved to us and our licensors. The failure of us to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.

BY AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (NewWest Communications LLC) WILL BE RESOLVED BY BINDING ARBITRATION. 

YOUR AGREEMENT TO ARBITRATION MEANS THAT ANY DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR AND NOT A TRIAL BY JUDGE OR JURY. BY USING THESE SERVICES YOU ALSO AGREE THAT ALL DISPUTES BETWEEN YOU AND US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER FORM OF REPRESENTATIVE LEGAL ACTION.

If you do not agree to be bound by the terms of this Agreement, WE HAVE TO ASK YOU please do not access a Service on this website. If you access or use a Service, with or without an active subscription or registration, you AGREE THAT your use of such Service is subject to all applicable terms and conditions of this Agreement.

We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on a Service indicating that the terms have been “updated” or similar words). 

Just so you know, Montana Civil Law Digest is based in Montana, in the United States and the Services are provided from the United States. 

We make no representation or warranty that a Service or text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights available through the Services (the “Content”) is appropriate or available for use in other locations. 

The NewWest Communications LLC privacy notice describes how we collect, use, share and protect your personal information Your information may be stored and processed in the United States or any other country where we have facilities and/or in which we engage service providers, and by using a Service online, you consent to the transfer of information outside of your country.

If you access a Service of ours on this website or one of our websites using a password, only you and you alone are responsible for maintaining the confidentiality of that password. You agree to notify us if you change your billing or delivery address or email address so we can continue to contact you and send any notices described hereunder. If you fail to notify us promptly of a change, then any notice we send to your former address will be considered sufficient notice.

Your subscription may include access to pages on our website that have premium content or services, and your access to this premium content may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas.

In order to buy a subscription you must be 18 years of age or older to access any other content, product, or service offered by us through the Services. 

You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service at the rates we published when you made your purchase.

We will bill all charges automatically to your credit or debit card. Subscription fees for our services will be billed at the beginning of your subscription and any renewal. All fees and charges are non-refundable. NewWest Communications LLC reserves the right to issue refunds or credits at our sole discretion.

If the instance that we issue a refund or credit, please be aware that we, NewWest Communications LLC, are not obligated to do the same thing in the future.

As long as you are using our services this agreement will remain in force. Remember, your subscription will renew automatically until it is cancelled. You must cancel your subscription before it renews in order to avoid billing your credit or debit card for the renewal term. 

Should you choose to cancel your subscription, (we hope you don't, but things change) your access to our Service will terminate at the end of your paid subscription term. If we cancel your subscription for whatever reason, your access to the Service will terminate as of the cancellation date determined by us, which may be on or prior to the end of your then-current subscription term.

We may cancel your subscription at any time upon notice to you. You may cancel your subscription by following the procedures described in the Cancellation and Refund Policy on our Customer Center. 

Please be aware that even if you stop your subscription, or your services expire, the rights and obligations of this agreement keep going. They will continue to survive and continue in full force and effect even after you stop using or accessing any Service.

If you access a Service through a mobile application or other type of third party platform, the applicable end user license agreement or terms of use for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application's or platform's terms in addition to this Agreement. In the event of a discrepancy between any terms and conditions of this Agreement and the end user license agreement or terms of use for mobile service, the terms and conditions of this Agreement shall prevail.

Letting you know how we collect your payment. Occasionally we may use a third party not affiliated with us to process payments for a Service. You agree that this third party, whoever it is, is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using one of these outside payment processors you may be subject to additional terms of of that entity.

You may not share your log-in credentials (including your password) with any other person or publish any log-in credentials (or related information) on any public-facing medium. Any violation of this clause will constitute a material breach of this Agreement and may result in us blocking your access to the Services.

The Services you are subscribing to, through our websites, are for your individual, personal and non-commercial use only. You may not use the Content, including without limitation, any Content made available through one of our RSS feeds, in any commercial product or service, without our written consent.

We own the content you are paying to have access to, and that content is protected by copyright and other intellectual property laws.

Unless you have our written consent, you are not allowed to publish, distribute or provide access to the Content received through the Services to anyone, including, if applicable, your fellow students, coworkers, or employee.

However, under this agreement we allow you to occasionally download, print or store articles for your individual, personal, and non-commercial use. But we remind you that if you do that, it's only if you preserve all copyright and other notices contained in the Content.  Thank you.

This agreement requires that you agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on or in connection with another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. 

You'll notice on some of our webpages in the service we have little social media icons. These share features are intended to allow you to share articles with a few individuals on an occasional basis. You may not otherwise download, print, store or provide others with access to such articles except through the share features we have included in a Service. 

This agreement stipulates that you agree not to modify any part of the Services, whether in whole or in part, or create, reproduce or distribute any derivative work based on or containing the Content or help anyone else to do that. We value our content and we hope you do too.

You may not use automated systems such as an API to process, retrieve, or store any Content made available on or through the Services. You agree not to remove any copyright or other notices from the articles on our sites. 

Taking that idea a bit further, by using this service you agree to not create apps, extensions, or other products or services that use our Content (including without limitation in connection with Artificial Intellegence) without our express written permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as, or generate (whether through AI or otherwise) a substitute for a subscription to a Service.

This could get serious. Remember that any unauthorized use of our content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws.  

You are responsible for your own legal decisions and for being mindful of the content we put on this site is from public databases.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

Your access to our sites and services is on an "as is" or "as available" basis. Sometimes techy things happen and sites go down temporarily but we will work hard to fix them promptly so you can access your subscription content.

We pull information from public law databases and compile it into a form that you are purchasing. We also strive for journalistic integrity in our articles that we create on our own. In spite of that, we make no representations that the content you are accessing may be free of typographical errors or inaccuracies. Malware or viruses may infect our content and if so, could affect anything you download or access on your computer. We disclaim all responsibility for such occurrences to the extent allowed by law.

In the event of a Dispute, the party seeking relief must first send to the other party a written statement with their name, address, contact information, the facts about the Dispute, and relief requested (the “Dispute Notice”).

Dispute Notices must be addressed to NewWest Communications LLC, Box 808, Kila, MT, 59920.

All Disputes will be resolved by binding, individual arbitration, unless otherwise set out in Section 16.3 and 16.4, or with the exception of the following: 1) any claim involving intellectual property, 2) any claim involving Section 9.4.1, and 3) any claim eligible to be brought in small claims court (collectively, “Excluded Claims”). 

This Agreement will be governed by the laws of the State of Montana, United States of America. The sole jurisdiction and venue for any claims is in the County of Flathead in the State of Montana.

If for any reason an arbitrator or court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to give effect to the intent of the Agreement, and otherwise will be severable with the remainder of the provision and Agreement continuing to be valid and enforceable in full force and effect.

Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Sorry, but we won't be liable for any interruption in the service caused by acts of God, war, terrorism, pandemics, acts of civil or military authorities, government, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

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Montana Civil Law Digest and all other company trademarks used herein are trademarks of NewWest Communications LLC and its affiliates.