By continuing forward with the Trademark.com website (the “Website”), you agree
to all of the following terms and conditions as a binding agreement between you and US
Trademark Pros.com and Trademark, LLC (referred to as “we”, “us” or “our”). This
Agreement also assimilates our Privacy Policy as is set forth at an extensive length
herein. If you do not see yourself agreeing to these terms and conditions, kindly
refrain from using the Website.
We are the providers of general information and updates related to and concerning
Trademark, and provide a website that allows you to prepare and file Trademark. We are
not a law entity. We do not provide, and are not qualified to provide you with legal
advice.
THIS AGREEMENT BELOW IS INCLUSIVE OF A BINDING ARBITRATION PROVISION GOVERNED BY THE
FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.
THE CONDITIONS FOR THE USAGE OF OUR WEBSITE
You are allowed to to use this Website on the precondition that you agree that you:
- Will abide by these Terms of Usage;
- You are 18 years of age or older;
- Will not replicate or redistribute any portion of this Website in any manner without
legally seeking our prior written consent;
- Will provide correct and non-falsified information when creating a new account,
submitting and uploading content, or registering for our Website;
- Will strictly not allow any other personnel to access this Website utilizing your
User ID;
- Are solely and individually responsible for your User ID, and all of the activity
that takes place through your User ID;
- Will not utilize the Website for any commercial or merchandizing purposes other than
the strictly specific commercial activities contained wherein on the Website
- Will not use the Website to obtain any form of data or personal information on any
of the other users, or to solicit other users, merchants, or advertisers;
- Are solely and individually responsible for all content shared, posted, and provided
by your ID on the Website, including, but not restricted to discussion posts, your
biodata, external links, videos, and photographs including the ownership of any
licenses or rights necessary to use the content creations of others and will not
submit any copyrighted materials or work subject to other’s proprietary rights;
- Allow the Website and other users a non-exclusive license to read your materials and
to use, reproduce, distribute, prepare derivative works of and/or display any
materials provided by you;
- And agree that we have the complete authority to remove any and/or all of your
content and suspend your account with or without any prior notification.
YOUR ACCOUNT PROFILE
To be granted access to certain sections of the Website, we might oblige you to create an
account and/or profile. All of the information provided by you must be accurate, true,
non-falsified, and you agree to maintain said information frequently updated. Any
individual whose privilege to use the Website was previously revoked by the executive
authority is not allowed to register for another profile or account, nor can they use
someone else’s profile or account to use the site or create an account on their behalf.
Because the communal sharing and collusion of User IDs is strictly not allowed, we shall
presume that the log-ins to the Website through your User ID are, in fact, being
performed by you. Regardless of the circumstances, you stand wholly responsible for any
and all access to the Website by individuals using your User ID. If you believe your
User ID is being maliciously used without your informed authorization, notify us
immediately to have us on board at support@Trademark.com
YOUR CONTENT
- Infringes upon the copyright, Trademark, trade secret, or other cognitive property
or proprietary rights of others;
- Exploits the privacy, publicity, legal, or other rights of third parties;
- is against the law, untrue, not accurate, derogatory, discriminatory, hateful,
un-sanctimonious, libelous, pornographic or sexually implicit and/or explicit,
obscene, abusive, threatening, harassing, or propagates conduct that would be
considered incriminating, giving rise to civil disruption and liability, violates
any law, or is in any other format inappropriate, as decided by us in our sole
discretion; or
- Is capable of damaging or harming the reputation of our company, parent company,
sister companies, affiliates, advertisers, merchants, or other parties.
- We are not required in any way to withdraw any UGC that may violate one or more of
these limitations. We may, but are not committed to, remove any UGC in violations of
these terms, terminate user accounts or take other actions. We are not to be held
accountable for any loss caused to you by UGC.
YOUR CONDUCT
By using the Website, You agree not to:
- Initiate or participate in the promotion of any illegal activities;
- Make any attempts to reverse engineer or intrude in any way with the operation of
the Website or otherwise endeavor to derive the source code of the software
(including the tools, methods, processes, and infrastructure);
- Device schemes to gain access to codified portions of the Website;
- Use the Website to generate unsolicited email marketing schemes or spamming;
- Use any automated or manual process to surf or unearth codified data from the
Website;
- Interfere in any way with the regular operation of the Website; or
- Masquerade as another user.
LINKS TO OTHER SITES
We may (or may not) have associations with third-party websites that are not possessed,
regulated, or operated by us. We do not presume any responsibility for the content,
privacy policies, or practices of any other websites or their owners. Do not suppose
that we are advertising or advocating for any other websites, products, or services,
based on the mere integration of a link to another website.
TERMINATION
We hold the complete authority to make adjustments to, or terminate the Website or any of
the services furnished herein at any time without prior notice. We also hold the right
to terminate this Agreement at our election and for any reason, without prior announced
notification. This Agreement will automatically terminate if, in our sole judiciousness,
you violate any of the terms and conditions drafted below. A termination will result in
the immediate suspension of access to the Website. The Disclaimers of Warranty and
Limitation of Liability, Indemnity, Dispute Resolution sections, and all terms and
conditions related to your Content shall sustain the termination of this Agreement.
DISPLAY OF DATA AND SEARCH
We are dependent upon State records and may exhibit them on this website. While we
continually attempt to make use of the latest information available, we cannot guarantee
its accuracy, reliability, or timeliness.
CALENDAR REMINDERS
As a significant segment of our services, we may offer reminders or notifications about
upcoming and fast approaching deadlines that may apply to your Trademark. These
notifications are only for informational purposes and are the general standards
applicable to most Trademark. It is advised that you consult a licensed attorney
regarding applicable deadlines to your particular situation, as individualized
situations have guidelines more specific than general ones. Please do not presume that
the automated notifications are legal frameworks. We do not offer any form of legal
advice or legal interpretation on specific situations.
CREATION OF FORMS AND DISCLAIMER
Please comprehend the distinction: We are a technology platform that aids in the creation
of forms and not a law entity or legal service provider. In the event that you purchase
one or more than one package that is inclusive of cease and desist, assignment of
Trademark letters, or other forms, you will be eligible to a form document that is
inclusive of the information provided by you or from your uploaded files. We are not a
legal alternative, making us ineligible for proving you with legal suggestions. Our
customer service representatives are not required to answer any of your legal queries,
nor will they entertain any law related conversations. Any information transmissions
between yourself and our customer service representatives are not monitored and thus,
you should refrain from sharing any confidential information with them. We provide
assistance in the preparation of your Trademark application but cannot file it for you
as your counsel of record. We are not responsible for providing you with any legal
advice related to your particular Trademark.
We may voluntarily, but by no contractual binding are required to review the data you
provide us with for completeness, fraudulence, or administrative errors. Under no
specified instances are we responsible for reviewing your provided answers for legal
accuracy, legal counsel, advice, or opinions. We do not review your data for any legal
purposes, nor do we provide legal recommendations about legal rights, remedies,
defenses, options, selection of forms, or strategies, or apply the law to the facts of
your particular case.
In the event that you are under the assumption that you have received any legal
assistance or consultancy from us, you will not make your purchase. You accept and
understand that your purchase, download, or usage of a form document is not a legal
action and is devoid of any legal advice. Additionally, you accept and understand that
each form, and all applicable instructions or guiding texts are not designed to meet
your individual needs.
KINDLY NOTE THAT WE RETAIN YOUR CREDIT CARD DATA IN ORDER TO BE ABLE TO PAY THE STATE
FILING FEE ASSOCIATED WITH YOUR ORDER. WE RETAIN YOUR CREDIT CARD INFORMATION ONLY AFTER
YOU ARE SATISFIED AND ABLE TO APPROVE THE APPLICATION, WITH THE COST OF THE FILING FEE
BROUGHT INTO YOUR COGNIZANCE BEFORE BEING FILED.
We provide you with a draft of the application for your review. If you do not respond
with timeliness, you authorize us to sign your name to the application, file it as
provided in the draft, and to collect from you the governmental filing fee of $350 per
class at that time.
SEARCH SERVICES
If you utilize our search services, we use commercially and professionally reasonable
methods to identify marks that may be tallied with the ones you seek to use. We,
however, cannot guarantee that your mark will make it through and be approved even if
you use our search services. There may be a number of reasons the Trademark rejects your
mark and there are circumstances where an automated search may not be able to identify a
mark the Trademark qualifies as a reason for rejection.
Similarly, when your order is inclusive of common law mark searches, we use commercially
justifiable methods to identify marks that may be an equal match to the ones you seek to
use. We, however, do not guarantee that your mark will be absent of or prevailing all
claims or challenges made by holders of common law rights to all marks. There are
amongst some of the instances where an automated search may not be able to identify a
regular law mark that may be similar to your mark
The aim of the search report is to give you with the necessary marks to satisfy the
parameters identified for the specific kind of search you use. It is not designed to be
a legal framework or legal advice as to whether your proposed mark will be dismissed, or
whether it would be considered resembling to another mark. You may want to seek the
counsel of an attorney regarding the outcomes of the search report we furnish you.
Our Trademark, federal Trademark search reviews the Trademark database and is
restricted to direct matches, phonetically similar, similar in terms of translation, or
appearance by way of design.
Our Trademark, federal, government and common law search reviews the Trademark
database, the databases of all 50 states, a business registry and the database of domain
names. It is restricted to only direct matches, phonetically similar, similar in terms
of translation, or appearance by way of design.
Our Trademark, LLC global search reviews the Trademark database, the databases of all
50 states, a business registry, the database of domain names, the World Intellectual
Property Organization (“WIPO”) database and the European Community database. It is
restricted to direct matches, phonetically similar, or appearance by way of design.
Trademark MONITORING SERVICES
Our Trademark monitoring services assess the filing of new applications that are direct
matches, phonetically similar, similar in terms of translation, or appearance by way of
design to your marks as published in the Official Gazette of the Trademark and US Trademark
Pros, LLC.
DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY
We provide the Website and related services "as is", “whereis”, and "as available." We
undertake no express and/or implied warranties or guarantees about the Website, and the
goods and services described therein, or the Merchants and Advertisers. TO THE MAXIMUM
EXTENT ALLOWED BY THE LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE
BUSINESSES WHO MARKET WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT
THE WEBSITE AND SERVICES ARE MERCHANTABLE, OF ACCEPTABLE QUALITY, ACCURATE, SEASONABLE,
OR FIT FOR A SPECIFIC PURPOSE OR DEMAND. WE IN NO FORM GUARANTEE THAT WE WILL MEET YOUR
REQUIREMENTS, ARE ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION, OR AVAILABLE
24/7. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES
OR LOCATIONS OF YOUR CHOOSING.
YOUR SOLE AND CUSTOMIZED SOLUTION FOR ANY DISPUTE OR CLAIM WITH US IS TO HALT USE OF THE
WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO
MARKET HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES THAT ARISE FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE
WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA,
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, HARM, OR LOSS TO ANY
OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD
HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT PERMIT THE
DISTINGUISHING OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS,
DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE
EXTENT GRANTED BY LAW.
In connection with the ongoing release, you hereby waive California Civil Code Section
1542 (and any similar provision in any other jurisdiction) which states: “A general
release does not extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which, if known by him must have
materially affected his settlement with the debtor.”
Indemnity
You agree to defend, indemnify, and hold blameless us, our officers, directors,
representatives, employees, and agents and all of our parent companies, affiliates,
related companies, merchants, and their executives, officers, directors,
representatives, employees and agents from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, legal obligations, and expenses
(including, but not limited to, reasonable attorney's fees) arising from: (i) your
violation of any term of these Terms of Service; (ii) your violation of any third party
right, including without restriction any copyright, property, privacy right, or any and
all incorporeal or intellectual property rights; or (iii) any claim that any of your UGC
causes harm to a third party.
Dispute Resolution
For the purposes of this Section, all references to "US Trademark Solutions," "you," and
"us" are inclusive of our respective subsidiaries, affiliates, agents, employees,
business partners, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or products under these
Terms or any prior agreements between us.
In this Agreement, Dispute is described as “any dispute, claim or controversy between you
and Trademark, LLC, its members, officers, directors, agents, parent companies
and vendors that arises out of or relates to this Agreement or use of the Site or
Service, or otherwise regarding any aspect of your relationship with Trademark
that has accrued or may thereafter accrue, whether based in contract, statute
(including, but not limited to, any consumer protection statutes, regulation, ordinance,
tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement,
negligence or any other intentional tort), or any other legal or equitable theory.”
The un-predictiveness of any Disputes is governed by the Federal Arbitration Act and not
any state laws applicable to arbitrations. Regarding the substantive and significant law
of any Disputes, to the optimal extent authorized by law, the laws of the State of
California govern the non-arbitration related interpretation of this Agreement and the
substantive law of any Dispute, notwithstanding of clashes of laws and principles.
Arbitration. Any Dispute shall be CONCLUSIVELY and EXCLUSIVELY solved by bonding
individual arbitration conducted by the American Arbitration Association (“AAA”) under
its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a
transaction involving interstate commerce, and shall be governed by the Federal
Arbitration Act (9 U.S.C. 1-16).
ARBITRATION OF YOUR CLAIM IS COMPULSORY AND IRREVOCABLE. NEITHER PARTY WILL HAVE THE
RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE
THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA
CODE OF PROCEDURE.
All regulations as to the scope, interpretation, enforceability, applicableness, and
validity of this Agreement shall be made final solely by the arbitrator, which award
shall be contractually binding and final. Judgment on the arbitration award may be
entered in any court having jurisdiction. This arbitration provision shall survive: i)
the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of
this arbitration provision is declared void, invalid or unenforceable, the remaining
sections shall remain enforceable.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR
JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF
CLAIMANTS SHALL BE ALLOWABLE.
THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF
YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS
SECTION, YOU ARE REQUIRED TO NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU
ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE E-MAILED TO Trademark,
Protect, SUPPORT@Trademarkprotect.com WITH THE SUBJECT LINE “OPT-OUT’ AND INCLUDE: (1) YOUR
NAME, (2) YOUR ADDRESS, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE
DISPUTES WITH US THROUGH ARBITRATION.
Any arbitration will be administered by the AAA under its Commercial Arbitration Rules.
If the value of the dispute is $75,000 or less, its Supplementary Procedures for
Consumer-Related Disputes shall also be applicable. On disputes involving $75,000 or
less, we will punctually reimburse your filing fees and pay the AAA's and arbitrator’s
fees and expenses. You agree to start arbitration only in your county of permanent
residence or in California, US. We agree to commence arbitration only in your county of
residence. You may request a telephonic or in-person hearing by following the AAA rules.
In a dispute involving $10,000 or less, any hearing will be telephonic unless the
arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may
award the same damages to you individually as a court could. The arbitrator may award
declaratory or injunctive relief only to you individually, and only to the extent
required to satisfy your individual claim. Nothing herein restricts Trademark,
LLC from demanding the arbitrator to award Trademark, LLC all costs of the
arbitration including any Administrative Fees paid on your behalf.
If the Dispute is not arbitrated by the choice of the parties or a court does not compel
arbitration if either party elects to arbitrate for whatever reason, the Dispute will be
decided by a court without any right by either party to a trial by jury. Any such court
proceeding, including any efforts to compel arbitration or initially filed lawsuits that
arise out of or relate to this Agreement or use of the Sites shall be resolved
exclusively by a court of proficient jurisdiction located within California.
Intellectual Property
We, or people from whom we obtained a license, retain ownership of all intellectual
property rights of any kind affiliated with the Website, inclusive of all applicable
Trademark, copyrights, and other proprietary rights such as trade secrets. Through the
use of this Website pursuant to this Agreement, you have a privileged and restricted
right to use the Website, but by no means are we granting any license to you under any
of those intellectual property rights. We hold all rights that are not expressly granted
to you in this Agreement. You may print limited numbers of one or more pages from the
Website for your personal use.
We retain, to the highest lengths possible, all ownership, without limitation, of all the
text, software, scripts, graphics, photos, sounds, interactive features and the
Trademark, service marks and logos contained therein ("Marks") unless they are marks
used by Merchants who have provided them to us for use on this Website. The Marks are
owned or licensed to us, subject to copyright and other intellectual property rights
under the law of the United States of America, the law of the dominion where you reside,
and international conventions. All content on the Website provided by us is provided to
you “AS IS” for your information and personal use only and may not be used, copied,
reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed,
plagiarized, or otherwise exploited for any other purposes whatsoever without the prior
written and drafted consent of the respective owners. We reserve all rights not
expressly granted in and to the Website.
You retain any intellectual property rights in any copyrighted materials and Trademark
that are contained in UGC that you post to the Website. You grant us an irrevocable,
perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to
sublicense through multiple levels of sub licensees, to reproduce, make derivative works
of, translate, distribute, publicly perform and publicly display in any form or medium,
whether now known or later developed, make, use, sell, import, offer for sale, otherwise
commercially exploit and exercise any and all such rights, under any and all of your
intellectual property rights related to the UGC in any manner decided by us.
Copyright Notice
If you believe we have infringed on your copyrights, please submit a notification
pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3) in writing to
support@trademarkprotect.com or to the copyright agent on file with the U.S. Copyright
Office with the Subject: “copyright notice.” Your notice needs to include: (1) A
physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is reportedly contravened; (2) Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such works at
that site; (3) Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit the service provider to locate
the material; (4) Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an electronic
mail; (5) A statement that you have affable sense of faith and belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and (6) A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
Entire Agreement
This Agreement, including the Privacy Policy, constitutes the entire agreement of the
parties with respect to the subject matter hereof. No waiver by either party of any
breach or default hereunder is a waiver of any preceding or ensuing breach or default.
Modifications to the Agreement
We reserve the right at all times to discontinue or alter any of these terms and/or our
Privacy Policy as we deem necessary or desirable. Such changes may include, among other
things, the adding of certain fees or charges. We may, but are not necessarily obligated
to notify you via email of any substantial changes, by sending you an e-mail to the
e-mail address that is registered with your account and/or by posting notice of the
change on the Website. Any changes to this Agreement will be effective upon the
advancing of our transmittal of an e-mail notice to you or our posting of notice of the
changes on our Website. We suggest you, therefore, re-read this section of our Website
from time to time to stay informed of any such changes. Use of the Website by you after
such notice shall be deemed to constitute acceptance by you of such modifications.
Authorization
By submitting an order, you acknowledge that you are giving us the authority to list
ourselves, along with you, as a recipient of correspondence from the Trademark related to
your Trademark. You may alter this at any time, but including us allows us to better
serve you and may prevent us from providing certain services such as monitoring and
calendaring.
Refund Policy
The Trademark strives to meet the Trademark needs of our customers in a
professional, cordial, and effective manner. We want every single customer to be 100%
satisfied, so we will work with any customer who has any questions or concerns about
their filings. Our customer service team is made up of dedicated and courteous Trademark
representatives with one goal - to meet each client's needs in a friendly, caring, and
efficient manner. If you do not think we have met this goal, let us know and we will be
happy to make every effort to resolve the issues to your satisfaction. You can send us
an email at support@trademarkprotect.com or call us toll free at 1-323-370-6492.
If we make any mistakes in your filing, we will do our level best to admit it and make
the necessary improvements needed to fix the correction as soon as we can at no
additional cost to you. Please note the Trademark Protect fees and all government levied
fees involved in your filing services are non-refundable. The Trademark may experience
delays or deny your application without any fault of the Trademark. These issues
are beyond our control and will not be the basis for a refund.
If you decide that you want a refund, all such requests must be submitted before the
initial Trademark search clearance report is conducted. Your refund will be issued in
the same form that it was received. For example, if the payment to Trademark,
LLC was made by credit card then the refund will be issued to the same credit card used
to make the payment. However, if you choose, you may request to receive a credit for
future Trademark, LLC purchases/payments instead of a refund.
Miscellaneous
We hold the total rights, but are not necessitated, to restrict the sales of our products
or services to any person, geographic region, or jurisdiction. We may exercise this
right on a case-by-case basis. All descriptions of products or product pricing are
subject to change at any time without notice, at our sole decision making. We maintain
the rights to discontinue any product at any time without any prior notice. Any offer
for any product or service made on this site is nullified where prohibited.
The section headings used herein are for the sake of convenience only and shall be of no
legal force or effect. If any provision of this Agreement is held lawfully invalid by a
court of competent jurisdiction, such invalidity shall not have any effect on the
enforceability of any other provisions contained in this Agreement, and the remaining
portions of this Agreement shall continue function in full force and effect. There are
no third-party beneficiaries of this Agreement. You may not assign this Agreement or
your rights and obligations hereunder, in completeness or partially, to any third party
without our prior written consent, and any attempt by you to do so will be invalid.