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Trademark Engine Terms of Service

By using the Trademark Engine.com website (the “Website”), you agree to these terms and conditions as an agreement by and between you and Trademark Engine.com and Trademark Engine, LLC (referred to as “we”, “us” or “our”). This Agreement also incorporates our Privacy Policy as if set forth at length herein. If you do not wish to agree to these terms, please refrain from using the Website.

We provide general information related to trademarks and provide a website that allows you to prepare and file trademarks. We are not a law firm. We do not provide and cannot provide legal advice to you.

THIS AGREEMENT, BELOW, CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.

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;

• you are 18 years of age or older;

• 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 Account/Profile

To access certain parts of the Website, we may require you to create an account and/or profile. All such information provided by you shall be accurate and you agree to keep said information up to date. Anyone whose privilege to use the Website was previously terminated by us may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.

Because sharing User IDs is prohibited we assume that access to the Website through your User ID is, in fact, you. You are solely responsible for any and all access to the Website by persons using your User ID. If you believe your User ID is being used without authorization, notify us immediately at support@trademarkengine.com

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:

• 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.

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.

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.

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.

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 authorized 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. We provide you with a draft of the application for your review. If you do not timely respond, 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 $275 per class at that time.

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 Engine, LLC 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 Engine, LLC 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 Engine, LLC 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 Engine, LLC.

Disclaimers of Warranty and Limitations of Liability

We provide the Website and the related services "as is", “whereis”, and "as available." We make no express and/or implied warranties or guarantees about the Website, the goods and services described thereon or the Advertisers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. 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 EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING 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, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION 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 PERMITTED BY LAW.

In connection with the foregoing 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 harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, 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 limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.

Dispute Resolution

In this Agreement, Dispute is defined as “any dispute, claim or controversy between you and Trademark Engine, 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 Engine 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 arbitrability of any Disputes is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive law of any Disputes, to the maximum extent authorized by law, the laws of the State of Texas govern the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles.

Arbitration. Any Dispute shall be FINALLY and EXCLUSIVELY resolved by binding 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 MANDATORY AND BINDING. 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 determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be 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 deemed invalid or unenforceable, the remaining portions shall remain in force.

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.

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 MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE E-MAILED TO TRADEMARK ENGINE, LLC, SUPPORT@TRADEMARKENGINE.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 conducted 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 will also apply. On disputes involving $75,000 or less, we will promptly reimburse your filing fees and pay the AAA's and arbitrator’s fees and expenses. You agree to commence arbitration only in your county of residence or in Harris County, Texas, 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 prohibits Trademark Engine, LLC from asking the arbitrator to award Trademark Engine, 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 arises out of or relates to this Agreement or use of the Sites shall be decided exclusively by a court of competent jurisdiction located in the Houston, Harris County, Texas.

Intellectual Property

We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website, but in no way are we granting any license to you under any of those intellectual property rights. We reserve 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 maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, 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 jurisdiction 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, or otherwise exploited for any other purposes whatsoever without the prior written 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 trademarks 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 sublicensees, 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 we choose.

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@trademarkengine.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 allegedly infringed; (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 a good faith 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 subsequent breach or default.

Modifications to the Agreement

We reserve the right at all times to discontinue or modify 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 earlier of our dispatch 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 authorizing us to list ourselves, along with you, as a recipient of correspondence from the USPTO related to your trademarks. You may change 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 Engine strives to meet the trademark needs of our customers in a professional, courteous and efficient manner. We want every 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 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. If we don’t, please request a 100% refund of the fees you paid to the Trademark Engine. You can send us an email at support@trademarkengine.com or call us toll free at 1 (877) 721-4579.

If we make an error in your filing, we will do our best to admit it and make the changes needed to fix the correction as soon as we can at no additional cost to you.

Please note only Trademark Engine fees are refundable; all government fees involved in your filing services are non-refundable. The USPTO may experience delays or deny your application without any fault of the Trademark Engine. These issues are out of 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 within 60 days of purchase. Your refund will be issued in the same form that it was received. For example, if the payment to Trademark Engine, 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 Engine, LLC purchases/payments instead of a refund.

Miscellaneous

We reserve the right, but are not obligated, to limit 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 the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue 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 whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.