You agree that by using this service you are at least 18 years of age and you are legally able to enter into a contract.
1. Nature of Trademarkia P.C.’s Services
Trademarkia P.C. is an intellectual property law firm. Through this website, Trademarkia.com, the law firm offers legal services in trademark law and other intellectual property laws. Trademarkia.com also provides the Internet’s largest, free search tool with a database of more than 8,000,000 trademarks and logos.
Other than searching the trademarks for free, you may also place orders on Trademarkia.com to seek Trademarkia P.C.’s legal services. After the law firm conducts the required conflict checks and accepts the payment, and after a written retainer agreement is entered into, you may become a client of Trademarkia P.C.
Conflict of Interest Check
Prior to providing any legal services to soliciting users, we are required to conduct a conflict of interest check in order to conform to any applicable bar rules and/or regulations. In the event that a conflict of interest exists, we are required to notify the applicable users. Where a conflict of interest cannot be resolved in conformance with applicable bar rules and/or regulations, we will refund the user for any fees paid in anticipation of legal services rendered.
Payment of Fees
To best protect your interests and for your benefit, you understand that money charged through Trademarkia.com for legal services is deposited into an IOLTA trust account until fees are earned per the terms and conditions of a particular service that you elect. All applications for the registration of a trademark in the United States are managed by the Firm after a successful conflict check performed to best protect your interests. Trademarkia.com collects government fees in United States Dollars (USD) only based on pre-negotiated conversion rates with foreign counsel to minimize currency fluctuation risk.
2. Nature of Government Data Displayed on the Trademarkia.com
Public data displayed on the Site are from government records. Trademarkia P.C. does its best to make sure the data is current and accurate but cannot guarantee the accuracy of the data on the Site. Sometimes, individual records on the Site are removed or masked at the owner’s request. Furthermore, due to refresh delays, Trademarkia P.C. cannot guarantee that all the information on the Site is completely current.
While certain trademarks are displayed on Site as abandoned, expired and canceled, we 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.
3. Nature of Auto-Reminders Produced by Trademarkia.com
Upon user’s request, Trademarkia P.C. 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 only, and are based on publicly available data provided by various government agencies. Trademarkia P.C. makes every effort to ensure that such auto-reminders comply fully with any federal and state anti-spam laws.
5. Ownership. This Site is owned and operated by Trademarkia P.C. (the “Firm”). 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 Firm or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by the Firm 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 Firm’s intellectual property rights, whether by estoppel, implication, or otherwise. Contact us if you have any questions about obtaining such licenses. The Firm does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by the Firm. Any rights not expressly granted herein are reserved by the Firm.
6. Limited Permission to Download. Trademarkia P.C. hereby grants you the permission to download, view, copy and print the Materials available on Trademarkia.com on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright notice and trademark appearing on this page appears in such Materials, (ii) the Materials are not used on any other website 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.
7. Links to Third Party Sites. This Site may contain links to websites controlled by parties other than Trademarkia.com (the "Third Party Sites"). Trademarkia P.C. also works with a number of partners and affiliates whose sites are linked with the Trademarkia.com website. The Firm 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 Firm makes no guarantees about the content or quality of the products or services provided by such sites. The Firm is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Firm is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Firm 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 Firm 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.
8. Use of the Recently Asked Questions section The Recently Asked Questions section of the Site is a free peer-community forum. The Firm disclaims any and all liability for any comments, postings, or other material provided by users of this section. The Firm makes no explicit or implied warranties regarding any of the comments, postings, or other material provided by users of Recently Asked Questions. Furthermore, by using the Recently Asked Questions section, you explicitly agree to disclaim the Firm from any and all liability arising from your use of the section.
Rights and Responsibilities of the Firm:
The Firm does not screen or monitor any comments, postings, or other material provided by users of the Recently Asked Questions section, and no prior approval is required for posting. The Firm disclaims all copyright and ownership in such works and all responsibility for them.
Although it cannot make an absolute guarantee of system security, the Firm takes reasonable steps to maintain security. If you have reason to believe that system security has been breached, contact us by email for help.
If the Firm's technical staff finds that files or processes belonging to a user pose a threat to the proper technical operation of the system or to the security of other members, the Firm reserves the right to delete those files or to stop those processes. If the Firm's technical staff suspects a username is being used by someone who is not authorized by the proper user, the Firm may temporarily disable that user's access in order to preserve system security. In all such cases, the Firm will contact the user as soon as feasible.
The Firm has the right, in its sole and absolute discretion, to (i) edit, redact, or otherwise change the content of any posting in the Recently Asked Questions section, (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 Firm is not responsible for any failure or delay in removing or altering such material.
The Firm 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 the Site 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;
- 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.
9. 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 FIRM 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 FIRM 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 FIRM 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.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE FIRM, 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 FIRM 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.
11. Indemnification. You agree to defend, indemnify and hold harmless the Firm, 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.
12. Unsolicited Submissions. The Firm does not want you to submit your confidential or proprietary information through the Site, other than the materials necessary for placing orders on the Site to seek Trademarkia P.C.’s legal services. All comments, feedback, information or material submitted to the Firm through or in association with this Site, which is not for the purposes of soliciting legal services for an attorney, shall be considered non-confidential and the Firm's property. By providing such submissions to the Firm you hereby assign to the Firm, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. The Firm 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.
13. Compliance with Intellectual Property Laws. When accessing the Firm 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 Firm has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed upon the rights of the Firm or of a third party or that violate intellectual property rights generally. The Firm'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 Firm to remove the material in question, please contact us.
15. 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 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.
16. Children. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
17. 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, without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. Any legal actions arising from or relating to your use of the Site or Materials that are not covered by the arbitration clause below shall be instituted in the state or federal courts in Santa Clara County, California. You and the Firm agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in these courts in any such legal actions that are not covered by the arbitration clause below.
18. Agreement for Binding Arbitration. The Firm does not anticipate having any disagreements with you, the user, regarding usage of this Site. But if any concerns about these matters arise, please notify us immediately. The Firm would endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes ourselves, then you and the Firm both hereby agree that all disputes or claims between you and the Firm of any nature whatsoever, including but not limited to those relating to use of the Site or the quality or appropriateness of the services offered by the Firm, shall be resolved by binding arbitration before Judicial Arbitration and Mediation Services ("JAMS") and be resolved only in the JAMS offices in the County of Santa Clara, California and under California laws.
You agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive the termination of this Agreement.YOU AND THE FIRM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.. Further, unless both you and the Firm agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
The arbitration shall be conducted by the Judicial Arbitration and Mediation Services ("JAMS"). Subject to the preceding provisions agreed to by the parties contained herein, the arbitrator must decide all disputes in accordance with the chosen association’s rules and in accordance with California law, and shall have the power and obligation to decide all matters submitted, including arbitrability and legal questions raised by pleading or summary judgment motions. In the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that their respective rights and obligations shall be governed by the laws of the State of California, without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. Furthermore, in the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that any and all legal action or proceedings shall be instituted in a state or federal court in California, and in the Counties of Santa Clara.
The Client understands that it is free to consult with other counsel about the wisdom of agreeing to arbitration or to any other term of this agreement before accepting it, and the Client agrees that it is voluntarily accepting this arbitration agreement.
19. Copyrights. All the designs, texts, graphics, the selection and arrangement thereof, on this Site are copyrighted by the Firm. ALL RIGHTS RESERVED.
20. Trademarks. LegalForce, Trademarkia P.C., the Trademarkia P.C. logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of the Firm. All other trademarks and logos shown on the Site are the properties of their respective owners.
21. Acknowledgement. BY USING THE FIRM'S SERVICES OR ACCESSING THE FIRM'S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
22. Representation. The Firm does not represent any users unless it has entered into a separate retainer agreement with them and after a separate conflict check. Mere use of the Site does not mean that you automatically become a client of the Firm.
I understand that I have the right to rescind any agreement for any Trademarkia P.C. services within 24 hours of execution by providing the Firm with a written statement to that effect.