Trademarkia.com, a Division of Legal Xpress, Inc. Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this Legal Xpress, Inc. (hereafter "Legal Xpress" or "Company") website, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable or if you do not agree to these terms of use, please do not use this Site. We may revise these terms of use at any time without notice to you. If you have any questions about these terms of use, please contact our Legal Department.

YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACT.

Please also refer to Legal Xpress' Privacy Policy and Full Disclaimer , which are each incorporated by reference herein.

1. Nature of Legal Xpress Products/Services

Legal Xpress is a software company developing automation tools and technologies to automate the search, accessibility, and automation of legal information, docketing, alerting, and processes.  The Company is not a law firm, does not provide legal services, and does not provide legal advice.   Furthermore, the Company is not a legal referral service.  The Company provides software technology to give visitors a general search to information including trademarks, domains, pictures, and videos.  

Legal Xpress Customer Service Representatives

To facilitate use of the Company's websites and technologies, Legal Xpress provides a toll-free hotline staffed by Customer Service Representatives (CSR).  Please note that CSRs can only convey information about the Company's trademark search engine, fundamental trademark questions, or trademark procedural questions. 

The Company is not an attorney, law firm, legal services provider, or a legal referral services.  Therefore, CSRs cannot file trademark applications, nor provide any consultation or advice relating to a particular user's trademark(s). The Company and its CSRs can only offer information to customers and website users that are available from public accessible information sources.

2. Nature of Legal Services Advertised on Legal Xpress websites

Any legal services (including but limited not, pricing and service descriptions) displayed on Company websites or online properties are provided by attorney and law firm advertisers, who hire the Company for paid search, SEO, SEM, and pay per click advertising and consulting on Legal Xpress, Inc. websites and on content networks such as Google Adwords, Bing and Yahoo.  The Company is not a law firm, nor does it provide legal services.  Therefore, any legal services offered or advertised on Company websites are solely controlled and operated by the offering attorney or law firm advertiser (hereafter "Advertisers").  The Company is not privy to legal services performed by Advertisers, and users are asked to directly contact and communicate with Advertisers to get confidential docket information.  

The Company makes a sincere effort to verify the reputation, credibility, and qualifications of each Advertiser that directly advertises on a Legal Xpress website including Trademarkia.com.  However, by soliciting and/or otherwise utilizing the legal services offered by Advertisers, you expressly disclaim the Company from any and all liability arising from the use of such legal services.  Furthermore, Legal Xpress, Inc. does not have any control over paid search Google ads that might be displayed next to content on pages of its websites, as these advertisements are displayed on Legal Xpress, Inc. websites through a content network.

Conflict of Interest Check

Prior to providing any legal services to soliciting users, Advertisers are required to conduct a conflict of interest check in order to conform to any applicable bar rules and/or regulations.  Conflict of interest checks are conducted wholly by Advertisers.  In the event that a conflict of interest exists, Advertisers are required to notify applicable users.  Where a conflict of interest cannot be resolved in conformance with applicable bar rules and/or regulations, the Advertiser will refund the user for any fees paid in anticipation of legal services rendered.

Payment of Fees

The Company's website allows users to input payment information for solicitation of services from Advertisers.  Any payment information and/or payments made by users via the Trademarkia website are transferred directly to Advertisers.

Refund Policy

Subject to the "Conflict of Interest Check" provision stated above, any other issuance of refunds is at the sole discretion of the Advertiser who a user solicits to provide legal services.  However, Advertisers have agreed to the following general policies regarding refunds and fees paid:

• Any service fees paid to Advertisers are deemed earned two weeks after the fee payment is made. If no government fee is paid for a trademark registration order, or a user does not respond to follow up questions from a trademark registration order placed on Trademarkia within 3 weeks from the placement of a registration order, Trademarkia and its law firm advertisers will treat such a trademark registration order as a trademark legal notice publication order to best protect the user's interests. At that time, a legal notice will be published on Trademarkia, fees will be earned and non-refundable. No reminders will be sent after a trademark registration order is published.  Service fees are any fees paid directly to Advertisers for the purpose of conducting legal services, including but not limited to, preparing trademark applications and office actions, and providing legal advice and/or consultation regarding trademark services.
• Any government filing fees paid in conjunction with legal services offered by Advertisers are non-refundable.  Government filing fees are any fees paid directly to an applicable government agency in association with legal services provided by Advertisers.
• If a user has paid for service fees, but is unable to pay for government filing fees within two weeks of initial payment of service fees, the solicited Advertiser will notify Legal Xpress of the user's failure to pay.  Upon notification and where applicable, Legal Xpress may at its discretion create a web page on Trademarkia detailing the user's common law rights associated with their unpaid trademark application.  

3. Nature of Government Data Displayed on Legal Xpress websites

The Company receives information from publicly available sources under licenses from government sources and through APIs to public image and data repositories.  The Company does its best to make sure it's data is current and accurate but cannot guarantee the accuracy of the data on the site.    Sometimes, individual records on Legal Xpress websites are removed or masked because of owner request.  Furthermore, due to refresh delays, the Company cannot guarantee that all the information on the site is completely current.

While abandoned, expired and canceled trademarks are displayed on Legal Xpress websites, the Company cannot guarantee that these marks are not currently being used, or if there are any common law or copyright claims that may be made to these marks.   In some cases, there may be current uses in commerce and common law rights that may prevent other marks' registration and/or enforceability.   Again, the Company is not a law firm and cannot provide any legal advice.   Visitors on Legal Xpress, Inc. websites including Trademarkia.com are requested to contact a registered trademark attorney in their local jurisdiction with whom they have a prior relationship or have a trusted referral from.  

4. Nature of Auto-Reminders Produced by Legal Xpress

Upon user request, the Company may auto-publish and auto-remind users of trademark filings, once filings are made public by a government agency.  Such alerts are intended for informational purposes, and are based off of publicly available data provided by various government agencies.  The Company makes every effort to ensure that such auto-reminders comply fully with any federal and state anti-spam laws. 

5. Privacy Policy. The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company's current privacy policy can be found by clicking here. The Company's privacy policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Company's websites and/or service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

6. Ownership. This Site is owned and operated by the Company. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by the Company or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by the Company or applicable third party providers, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of the Company's intellectual property rights, whether by estoppel, implication, or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. The Company does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by the Company.  Any rights not expressly granted herein are reserved by the Company.

7. Limited Permission to Download. The Company hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

8. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than the Company (the "Third Party Sites"). The Company works with a number of partners and affiliates whose sites are linked with the Company.  The Company is not responsible for and does not endorse or accept any responsibility for the availability, the contents, the products, the services or the use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. The Company makes no guarantees about the content or quality of the products or services provided by such sites. The Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that the Company  is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

9. Use of the Trademarkia Answers The Trademarkia Answers section of the website is a free peer-community forum.   The Company disclaims any and all liability for any comments, postings, or other material provided by users of Trademarkia Answers.  The Company makes no explicit or implied warranties regarding any of the comments, postings, or other material provided by users of Trademarkia Answers.  Furthermore, by using Trademarkia Answers, you explicitly agree to disclaim the Company from any and all liability arising from your use of Trademarkia Answers.  Visitors are encouraged to talk directly with a registered attorney to discuss their particular legal questions.

Rights and Responsibilities of the Company:
The Company does not screen or monitor any comments, postings, or other material provided by users of Trademarkia Answers, and no prior approval is required for posting. The Company disclaims all copyright and ownership in such works and all responsibility for them.

Although it cannot make an absolute guarantee of system security, The Company takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL for help.

If the Company's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, the Company  reserves the right to delete those files or to stop those processes. If the Company's technical staff suspects a user name is being used by someone who is not authorized by the proper user, the Company may temporarily disable that user's access in order to preserve system security. In all such cases, the Company will contact the member as soon as feasible.

The Company  has the right, in its sole and absolute discretion, to (i) edit, redact, or otherwise change the content of any Forum and Trademarkia Answers posting, (ii) re-categorize any post to place it in a more appropriate category, or (iii) delete any post that is determined to be inappropriate, including but not limited to offensive language and advertisements.   However, the Company is not responsible for any failure or delay in removing or altering such material.

The Company reserves the right to refuse service to anyone and to cancel user access at any time.

Rights and Responsibilities of Users or Other Posters to the "Answers":

You may use any of the Company's services, including but not limited to Trademarkia Answers, for lawful purposes only. You may not engage in any conduct that:

• violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• impersonates any person, licensed professional, business or entity, including our employees and agents;
• contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
• offers, promotes or encourages betting or wagering prohibited by law;
• violates these Terms of Use, guidelines or any policy posted on our services, or
• interferes with the use of our Services by others;
• causes damage or impairs our servers or network;
• interferes with any other party's use and enjoyment of our Services; or
• attempts to gain unauthorized access to our services, user accounts, computer systems or networks.

The Company may take any legal, disciplinary and technical remedies to prevent the violation of these Terms of Use.

10. NO WARRANTY. THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY  EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY  MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
USE OF ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

11. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. Indemnification. You agree to defend, indemnify and hold harmless the Company, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

13. Unsolicited Submissions. The Company does not want you to submit confidential or proprietary information to it through this Site, other than materials necessary for the utilization of legal services provided by attorneys and/or law firms advertising as part of the Company's advertiser network.  All comments, feedback, information or material submitted to the Company through or in association with this Site, which is not for the purposes of soliciting legal services for a Trademarkia attorney and/or law firm advertiser, shall be considered non-confidential and the Company's property. By providing such submissions to the Company you hereby assign to the Company, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. The Company  shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

14. Compliance with Intellectual Property Laws. When accessing the Company website(s), you agree to obey the law and you agree to respect the intellectual property rights of others. You use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID.

The Company has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed upon the rights of the Company or of a third party or that violate intellectual property rights generally. The Company's policy is to remove such infringing content or materials and investigate such allegations immediately.

If you believe that your copyright has been infringed, and you would like the Company to remove the material in question, please contact the Legal Department.

15. Inappropriate Content. When accessing the Company website or using the Company's services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that is (i) libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Company reserves the right to terminate or delete such material from its servers. The Company  will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

16. Compliance with Export Restrictions. You may not access, download, use or export the Site or Materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials, or any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.

17. Children. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

18. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in California, and in the County of Santa Clara. You and the Company agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

19. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2008-2009, Legal Xpress, Inc. ALL RIGHTS RESERVED.

20. Trademarks. Legal Xpress, Inc, Trademarkia, Trademarkia.com, the Trademarkia logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of the Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

21. Acknowledgement. BY USING THE COMPANY'S SERVICES OR ACCESSING THE COMPANY'S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

22. Representation. The Company does not represent any clients as it is not a lawyer, law firm, legal services provider, or a legal referral service.   Clients form attorney/client relationships directly with law firms, which may include law firms which advertise on the Company's web properties.

23. Severability and Integration.  This contract and any supplemental terms, policies, rules and guidelines posted on our Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Full Disclaimer.

Legal Xpress is not a lawyer, law firm, legal services provider, or a legal service, is not acting as your attorney, and is not a substitute for an attorney or law firm.  The information provided in this site is not legal advice.  Legal Xpress is a technology company who provides advertising services to attorneys and law firms who chose to advertise their services on Legal Xpress websites.   By using Legal Xpress you agree to the following:

• Legal Xpress and its web properties including Trademarkia.com and Patent Express.com are NOT substitutes for an attorney. 
• Legal Xpress cannot provide you with ANY legal advice.  You are encouraged to consult with an attorney in your local geography for legal advice.
• Prices, services, and workflows for trademark filings, patent filings, and services offered on Legal Xpress websites are from attorney and law firm advertisers on Legal Xpress web properties.  
• Legal Xpress will inform you of these relationships prior to payment of services, and will be subject to a conflict check and acceptance of representation by a law firm advertising on Legal Xpress.
• No attorney-client privilege is created with Legal Xpress.
• I have been informed of the services provided by law firms and attorneys advertising on Legal Express and the cost of these services.
• I may obtain information regarding free or low-cost legal representation through a local bar association or legal aid foundation and I may also contact local law enforcement, a district attorney or a legal foundation if I believe that I have been a victim of fraud, the authorized practice of law or any other injury.
• Legal Xpress is not permitted to engage in the practice of law including providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.
• Any legal products and/or services provided by attorney and law firm advertisers on Trademarkia are conducted at the sole discretion of the respective attorney and/or law firm.  I understand that Legal Xpress and its web properties including Trademarkia.com and Patent Express.com have no control or involvement in the legal services provided by attorney and law firm advertisers, including but not limited to, legal rights, remedies, defenses, options, selection of forms or strategies.
• I understand that any legal filing services provided by attorney and law firm advertisers on Trademarkia are subject to review at the sole discretion of the respective attorney and/or law firm.  Any review done by attorney and law firm advertisers may prolong the filing of my legal documents.  Therefore, where my legal filing is considered an urgent matter and/or requires immediate action, I will not utilize the services of attorneys and/or law firms advertising on Trademarkia. 
• I will not use the legal products and/or services of attorney and law firm advertisers on Trademarkia for any trademark filings, where ownership of the trademark at-issue is currently in dispute or in question with a third-party.
• If, prior to my purchase, I believe that Legal Xpress gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
• Legal Xpress exists solely within the County of Santa Clara in the State of California. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of Legal Xpress.  occurs solely within the County of Santa Clara in the State of California, and that all content and services shall be deemed to be served from, and performed wholly within, Santa Clara, California, as if I had physically traveled there to obtain the service. I agree that California law shall govern any disputes arising from my use of this website, and that the courts of the County of Santa Clara, state of California, shall have exclusive jurisdiction over any disputes;

I understand that I have the right to rescind any agreement for any Legal Xpress services within 24 hours of execution by providing Legal Xpress with a written statement to that effect.  Legal Xpress will make an effort to provide a refund of service charges even after this period to ensure user satisfaction.