By accessing or utilizing the Trademark Verticals website (the “Website”), you agree to be bound by these terms and conditions (the “Agreement”), which constitutes a binding contract between you and Trademark Verticals (hereinafter referred to as “we,” “us,” or “our”). This Agreement also incorporates by reference our Privacy Policy, as if fully set forth herein. If you do not agree to these terms, you must discontinue any use of the Website.
We provide general information concerning trademarks and facilitate the preparation and submission of trademark applications. We are not a law firm and do not provide legal counsel. You are strongly advised to seek legal assistance if needed.
THIS AGREEMENT CONTAINS A MANDATORY BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS.
CALENDAR REMINDERS
As part of our services, we may offer reminders or notifications about certain deadlines that may apply to your trademark. These notifications are for informational purposes only and are the general standards applicable to most trademarks. Your particular situation may be different than the general guidelines and you should consider consulting with a licensed attorney regarding the applicable deadlines that apply to your specific situation. We do not offer legal advice and the automated notifications are not legal advice or legal interpretations based on your specifics.
CONDITIONS TO USE OUR WEBSITE
Your permission to use the Website is conditioned upon your agreement that you: will comply with these Terms of Use; are 18
years of age or older; will not use the Website in a manner that violates the laws of the United States, including, but not
limited to, its export and re-export laws. will not copy or distribute any part of the Website in any manner without our
prior written consent; will provide accurate information when creating an account, submitting content or registering for
our Website; will not allow others to use the Website under your User ID; are solely responsible for your User ID and the
activity that occurs through your User ID; will not use the Website for any commercial purposes other than the specific
commercial activities contained on the Website and will not use it to obtain data or personal information about any other
users or to solicit other users or advertisers; are solely responsible for any content provided by you on the Website,
including but not limited to any discussion posts, profile information, links, videos and pictures including the ownership
of any licenses or rights necessary to use the work of others and will not submit any copyrighted materials or work subject
to other’s proprietary rights; grant 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 we have the right
to remove any and/or all of your content and terminate your account with or without prior notice.
YOUR CONTENT
We reserve the right to authorize the publishing of various content provided by you (hereinafter “User Generated Content or UGC”).
You agree not to post or use any UGC in any way that: We reserve the right to authorize the publishing of various content
provided by you (hereinafter “User Generated Content or UGC”). You agree not to post or use any UGC in any way that: infringes
the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others; violates the privacy,
publicity, or other rights of third parties; is unlawful, false, inaccurate, defamatory, discriminatory, libelous, pornographic,
obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise
to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion; or could damage
our company, parent company, sister companies, affiliates, advertisers, or other parties. We are not obligated in any way to
remove any UGC that may violate one or more of these restrictions. We may, but are not obligated to, remove any UGC in violations
of these terms, terminate user accounts or take other actions. We are not responsible for any harm to you caused by UGC.
YOUR CONDUCT
By using the Website, You agree not to: conduct or promote any illegal activities; attempt to reverse engineer or interfere
in any way with the functioning of the Website or otherwise attempt to derive the source code of the software (including
the tools, methods, processes, and infrastructure); attempt to gain access to secured portions of the Website; use the Website
to generate unsolicited email advertisements or spam; use any automatic or manual process to search or harvest information
from the Website; interfere in any way with the proper functioning of the Website; or impersonate another user. Links to Other
Sites We may have links to third-party websites that are not owned, controlled or operated by us. We do not assume any
responsibility for the content, privacy policies, or practices of any other websites or their owners. We are not endorsing
or recommending any other websites, products or services by the simple inclusion of a link to another website.
LINKS TO EXTERNAL WEBSITES
The Website may contain links to third-party websites, which are neither owned nor operated by us. We do not assume
responsibility for the content, policies, or practices of these external websites. The inclusion of such links does not
imply any endorsement or recommendation of the third-party websites, their products, or their services.
DISPLAY OF DATA AND SEARCH
We rely upon government records and may display them on this website. While we try to use the most recent information
available, we cannot guarantee its accuracy or timeliness.
CREATION OF FORMS AND DISCLAIMER
We are a technology platform that helps create forms and we are not a law firm or legal service provider. Should you purchase
one or more packages that includes cease and desist, assignment of trademark letters or other forms, you will be entitled to
a form document that includes the information provided by you or from your files.
We are not a substitute for an attorney and we cannot provide you any legal advice. Our customer service representatives cannot
answer legal questions and because we do not have an attorney-client relationship, any communications with our customer service
representatives are not privileged and you should not share confidential information with them. We can help you prepare your
own trademark application, but we cannot file it for you as your counsel of record. We cannot provide you any legal advice
related to your particular trademark. We may, but are not obligated to, review the information you provide to us for
completeness, inconsistencies or other administerial errors. At no time do we review your answers for legal sufficiency,
draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses,
options, selection of forms, or strategies, or apply the law to the facts of your particular situation. If you believe you
have received any legal services or advice from us, you will not make your purchase. You acknowledge and understand that your
purchase, download, and/or use of a form document is neither legal advice nor the practice of law. You further acknowledge
and understand that that each form and any applicable instructions or guidance is not customized to your particular needs
by us.
PLEASE NOTE THAT WE RETAIN YOUR CREDIT CARD INFORMATION SO THAT WE MAY PAY THE GOVERNMENTAL FILING FEE ASSOCIATED WITH YOUR
ORDER ONLY AFTER YOU APPROVE OR HAVE THE OPPORTUNITY TO APPROVE THE APPLICATION AND ARE MADE AWARE OF THE COST OF THE
FILING FEE.
SEARCH SERVICES
If you use our search services, we use commercially reasonable methods to identify marks that may be matches to 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 USPTO rejects your mark and there are circumstances where an automated search
may not identify a mark the USPTO identifies as a reason to reject your mark.
Likewise, when your order covers common law mark searches, we use commercially reasonable methods to identify marks that may
be matches to the ones you seek to use. We, however, cannot guarantee that your mark will be free of or prevail to all claims
or challenges made by holders of common law rights to all marks. There are circumstances where an automated search may not
identify a common law mark that may be similar to your mark. The purpose of the search report is to provide you with marks
to satisfy the parameters identified for the type of search you use. It is not meant to be legal advice as to whether your
proposed mark will be rejected or whether it would be considered similar to another mark. You may want to consult with an
attorney regarding the results of the search report we furnish you. Our Trademark Verticals federal trademark search reviews
the USPTO database and is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by
way of design. Our Trademark Verticals federal, state and common law search reviews the USPTO database, the databases of all
50 states, a business registry and the database of domain names. It is limited to direct matches, phonetically similar,
similar in terms of translation, or appearance by way of design. Our Trademark Verticals global search reviews the USPTO
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 limited to direct matches, phonetically
similar, or appearance by way of design.
TRADEMARK MONITORING SERVICES
Our trademark monitoring service reviews 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 USPTO and
Trademark Verticals.
SUBSCRIPTION AND AUTO-RENEWALS
If you signed up for one or more subscription services through the Website, these additional terms apply. Your license to the
Services is valid during the period your subscription remains in good standing and there are no outstanding subscription
payments (hereinafter “Subscription Term”). To keep your Subscription Term valid and in force, you must pay all charges
to your account relating to your subscriptions, including applicable taxes and fees. Unless otherwise provided, your
Subscription Term is on an automatic renewal and you will be required to pay, through the credit card provided by you, for
the next applicable Subscription Term at the beginning of the Subscription Term period. These charges are applied regardless
of whether you continue to use the Services during the Subscription Term. YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL
YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. If your Subscription Term is month to month and your purchase
date is on the 29th through 31st day of any month, your renewal date will fall on the last day of the month for any
succeeding months with fewer days. Unless otherwise provided, the renewal period will be the same as the price you originally
paid. We may offer promotional trial memberships. Although the promotional trial membership may be advertised as free
promotional memberships, you authorize us to charge your credit card $1 to confirm the source of the payment. AT THE END OF A
TRIAL OR PROMOTIONAL MEMBERSHIP, UNLESS OTHERWISE STATED IN THE OFFER OR YOU CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY
AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL SUBSCRIPTION TERM. It is very important to understand that you will
not receive a notice from us that your free trial has ended and that payment for your subscription is due. We may discontinue
offering subscriptions and will cease charging you accordingly. We may also terminate your Subscription in our sole discretion
subject to your right to a pro-rated refund of fees. We may increase subscription fees and/or terms with 30 days’ notice to
you. You may terminate your services before the increase in fees or renewal terms is put into effect. If you do not cancel,
you will be charged the new rate at the time of the renewal of your Subscription Term the increased amount and/or your renewed
Subscription Term will be the new applicable length. If your payment on file is not approved on the date of the renewal of the
Subscription Term, you will be allowed a period of at least three business days to provide updated payment information. If no
updated information is provided after the three business-day period, we may suspend your service and terminate the
Subscription. If we make a charge to your credit card and it is declined, we may, but are not obligated to make up to five more
attempts to bill the card over a thirty-day period. We also reserve the right to charge your card smaller amounts in more than
one transaction not to exceed the amount of the due Subscription Term payment. In the event that you or we (through our payment
service providers) update your payment method to remedy a change in validity or expiration date, we will automatically resume
billing you for your subscription to the Services. We reserve the right not to reactive an account or subscription until all
past due amounts are paid. To cancel your subscription, contact us at support@trademarkverticals.com. After you have cancelled,
your subscription and account will remain active through the end of the then current Subscription Term. After termination, you
may not have access to your account or the Services related to your subscription.
NEW SERVICES/FEATURES
From time to time, we may introduce new services and/or features on the Website, including the release of new tools and
resources. Any such new services or features will be governed by the terms of this Agreement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Website, along with all associated services, is provided on an "as is," "where is," and "as available" basis. We make no
express or implied representations or warranties regarding the Website, the products or services listed, or the advertisers.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND ANY MERCHANTS WHO
ADVERTISE WITH US DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TIMELINESS. WE MAKE NO GUARANTEE THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS,
WILL BE FREE FROM ERRORS OR INTERRUPTIONS, OR WILL BE AVAILABLE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
YOUR SOLE REMEDY FOR ANY ISSUE OR DISPUTE WITH THE WEBSITE IS TO CEASE USING THE SERVICE. WE, OUR AFFILIATES, OFFICERS,
DIRECTORS, AGENTS, VENDORS, AND ADVERTISERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THESE EXCLUSIONS APPLY TO CLAIMS RELATED TO LOST PROFITS, DATA LOSS, LOSS OF GOODWILL, WORK STOPPAGE,
MALFUNCTIONS, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IF A PARTICULAR JURISDICTION DOES NOT ALLOW EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
You expressly waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states: "A
general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of
executing the release, which, if known by them, would have materially affected their settlement with the debtor."
TERMINATION
We reserve the right to alter or discontinue the Website or any of the services provided herein at any time without prior
notice. We also reserve the right to terminate this Agreement at our election and for any reason, without prior notice.
This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set
forth below. A termination will result in the immediate cessation 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 survive the termination of this Agreement.
INDEMNITY
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, parent companies, affiliates,
and subsidiaries from any claims, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising
from: (i) your breach of these Terms of Service; (ii) any violation of third-party rights, including but not limited to
intellectual property, privacy, or proprietary rights; and (iii) any claims arising from content you submit or post on the
Website.
DISPUTE RESOLUTION
For purposes of this section, the terms "Trademark Verticals," "you," and "us" include our respective affiliates, officers,
employees, and agents, as well as all users or beneficiaries of the services provided under these Terms.
A "Dispute" is any claim, controversy, or disagreement arising from or related to these Terms, the use of the Website, or
any aspect of your relationship with Trademark Verticals, whether based on contract, tort, statute, or any other legal
theory.
The Federal Arbitration Act governs the arbitrability of disputes, while Texas state law governs all substantive aspects of
disputes that are not subject to arbitration, to the extent permissible by law.
- Arbitration
- Any Dispute will be exclusively resolved through binding individual arbitration under the rules of the American
Arbitration Association (AAA), specifically its Consumer Arbitration Rules. This Agreement to arbitrate is governed
by the Federal Arbitration Act and applies to any Dispute. ARBITRATION IS MANDATORY AND BINDING, AND YOU WILL NOT HAVE
THE RIGHT TO A JURY TRIAL OR TO LITIGATE YOUR CLAIMS IN COURT.
- The arbitrator will have exclusive authority to decide the scope, enforceability, and interpretation of this Agreement.
The arbitrator’s decision will be final, and judgment may be entered in any court of competent jurisdiction. This
arbitration provision will survive the termination of this Agreement or any party's bankruptcy. If any part of this
arbitration clause is found unenforceable, the remaining parts shall remain in effect.
- No class actions, private attorney general actions, or consolidation of claims with others will be permitted.
- Opt-Out
- You have the right to opt out of binding arbitration within 30 days of accepting this Agreement. To opt out, you must
notify us in writing by sending an email to support@trademarkverticals.com with the subject line "Opt-Out" and
including your name, address, and a clear statement indicating your intent to opt out of arbitration.
- For disputes valued at $75,000 or less, we will bear the AAA’s and arbitrator’s fees and reimburse your filing fees.
Arbitration will take place in your county of residence or Harris County, Texas. Hearings for disputes valued at
$10,000 or less will be conducted telephonically, unless the arbitrator finds good cause for an in-person hearing.
The arbitrator may award you the same relief that would be available in court.
- If the Dispute is not subject to arbitration, it will be resolved by a court in Harris County, Texas, and neither
party will have the right to a jury trial.
- Export Control
- You may not access, download, use, or export the services in violation of U.S. export laws or any other applicable
laws or regulations. You agree to comply with all U.S. export laws and regulations and to obtain any necessary
licenses to export or re-export the services.
INTELLECTUAL PROPERTY
We retain ownership of all intellectual property rights associated with the Website, including copyrights, trademarks, and
proprietary rights. By using the Website, you are granted a limited license for personal use, but no rights to any of the
intellectual property. All rights not expressly granted are reserved by us.
All content provided on the Website, including text, graphics, photos, software, and trademarks, remains our property or the
property of the respective license holders. You are not permitted to reproduce, modify, distribute, or exploit any of the
content without prior written consent.
Any user-generated content you submit remains your intellectual property. However, by submitting such content, you grant us a
perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute your content.
COPYRIGHT NOTICE
If you believe your copyrights have been infringed, you are required to submit a formal notice in accordance with the Digital
Millennium Copyright Act (17 U.S.C. § 512(c)(3)). Please provide this notification in writing via email to
support@trademarkverticals.com or to the designated copyright agent on file with the U.S. Copyright Office, with the subject
line: "Copyright Notice." Your notification must include the following: (1) A physical or electronic signature of an
individual authorized to act on behalf of the owner of the exclusive right alleged to have been infringed; (2) Identification
of the copyrighted work claimed to be infringed, or, if multiple copyrighted works at a single online location are covered
by a single notification, a representative list of such works; (3) Identification of the material that is allegedly infringing
or the subject of infringing activity, including sufficient information to enable us to locate the material; (4) Contact
information, such as an address, telephone number, and, if available, an email address, that allows us to reach you; (5)
A statement made in good faith that the use of the material in question is not authorized by the copyright owner, its agent,
or the law; and (6) A statement, made under penalty of perjury, that the information in the notification is accurate, and
that you are authorized to act on behalf of the copyright owner whose exclusive right is alleged to have been infringed.
ENTIRE AGREEMENT
This Agreement, together with the Privacy Policy, constitutes the entire understanding and agreement between the parties
concerning its subject matter. Any waiver of rights or defaults by either party regarding any breach or violation
hereunder shall not constitute a waiver of any preceding or subsequent breaches or violations.
MODIFICATIONS TO THE AGREEMENT
We reserve the exclusive right to modify or discontinue any portion of these Terms or our Privacy Policy at any time, as we
deem necessary or desirable. Such modifications may include, but are not limited to, the imposition of additional fees or
charges. While we may provide notice of significant changes via email to the email address registered with your account
and/or by posting such changes on the Website, we are not obligated to do so. Any changes to this Agreement will become
effective upon either the date of our email notification to you or the date we post the changes on the Website, whichever
occurs first. We advise you to review this section of the Website periodically to stay informed of any such updates.
Continued use of the Website after such changes constitutes your acceptance of the revised Terms.
AUTHORIZATION
By placing an order, you consent to authorizing us to designate ourselves, alongside you, as recipients of correspondence
from the United States Patent and Trademark Office (USPTO) regarding your trademarks. You may revoke or amend this
authorization at any time; however, this designation enables us to more effectively provide services, including but not
limited to, trademark monitoring and calendaring.
REFUND POLICY
All service packages, which include searches conducted by a licensed attorney and related legal services, are non-refundable.
Once the search and clearance report has been generated and delivered to you, payment will be automatically processed within
24-48 hours, unless we receive communication from you via email or phone. This payment will be transferred to the USPTO
(United States Patent and Trademark Office) through the attorney representing you.
MISCELLANEOUS
We reserve the right to limit the sale of our products or services to any individual, geographic region, or jurisdiction, and
we may exercise this discretion on a case-by-case basis. Descriptions of products and services, including pricing, are
subject to modification at any time without prior notice, at our sole discretion. Additionally, we retain the right to
discontinue any product at any time. Any offers made for any product or service on this site are void where prohibited
by law.
The section headings contained in this Agreement are provided for convenience only and hold no legal or contractual
significance. If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction,
the remaining provisions shall continue in full force and effect. This Agreement confers no rights or benefits upon any
third parties. You may not assign or transfer this Agreement, or any of your rights and obligations hereunder, without our
prior written consent, and any attempt to do so shall be considered null and void.
