THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, IS AVAILABLE AT: www.trademarkbank.com/terms
PAYMENT PROCESSING IS HANDLED BY A THIRD PARTY, STRIPE, AND ALL ASPECTS OF THE MERCHANT PROCESSING ARE GOVERNED BY YOUR AGREEMENT WITH THE MERCHANT PROCESSOR https://stripe.com/us/terms.
2. LICENSE GRANT AND LIMITATIONS.
2.1. LIMITED USE LICENSE FOR THE SOFTWARE. Subject to the terms and conditions of this Agreement, Company grants you a personal, non-transferable, non-exclusive, non-assignable, limited and revocable license to download, install, and use the Trademark Bank software on any computer, tablet, or mobile device ("Device") that you own or control as permitted by the third-party agreements related to your Device. You agree to use the Trademark Bank software for your sole and exclusive benefit.
2.2. INTENDED PURPOSE. The Service shall be used solely for purpose of docketing, managing, tracking, and organizing information related to trademarks and service marks within the United States (the "Intended Purpose"). You may not rent, lease, lend, sell, redistribute or sublicense the Service, or use the Service for anything other than the Intended Purpose.
2.3. PERMITTED USE. You may use the Service only for the Intended Purpose. As a condition of your use of the Service, you warrant to Company that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. If you fail to follow any of the terms or conditions of this Agreement (as amended from time to time) or any other applicable guidelines, the Company may, in its sole discretion, discontinue your ability to use and access the Service.
2.4. RIGHTS LIMITED TO USER. Any and all rights under this Agreement granted to you are limited to the specific designated person that has paid for the appropriate Subscription established by Company for use of the Services as provided in this Agreement, and to whom a specific username and password has been issued. All passwords and access codes to the Service are personal to you, and are not transferable or assignable. You are responsible for maintaining the confidentiality of your login information, and you are solely responsible for any activity that takes place under your Trademark Bank account. If you become aware of any unauthorized use of your username or password, it is your responsibility to notify the Company immediately.
2.5. USER'S RESPONSIBILITIES. The Service allows you to docket, manage, track, and organize information related to trademarks and service marks (the "Docketed Marks") within the United States, and also allows you to input freeform content related to the Docketed Marks in the "notes" section of the Service. You acknowledge that Company is not responsible for the Docketed Marks, and you agree that you are solely responsible for all deadlines and required documents and/or information related to the Docketed Marks. You further acknowledge and agree that Company is not responsible for any content you enter into the Service, and you acknowledge agree that you must take proper steps to back up all content you enter into the Service.
You shall be exclusively responsible for the supervision, management, and control of your use of the Service, including, but not limited to:
2.5.1. Assuring proper configuration of equipment or devices;
2.5.2. Backing up all content you enter into the Service;
2.5.3. Establishing adequate operating methods; and
2.5.4. Implementing procedures sufficient to satisfy your obligations for security under this Agreement, including appropriate action to prevent misuse, unauthorized copying, modification, or disclosure of the Service.
2.6. USER RESTRICTIONS. Except as expressly authorized in SECTION 2.1, you may not and may not permit others to:
2.6.1. Sell, rent, lease, license, sublicense, or assign the Service, including the content within the Service, to others;
2.6.2. Transfer the Service, or any content within the Service, to another party;
2.6.3. Reverse engineer, decompile, disassemble, or otherwise derive the source code from the Service;
2.6.4. Alter, modify, adapt, reconfigure, or prepare derivative works of the Service or the content within the Service;
2.6.5. Archive or retain any of the content from the Service in any form without the written permission from Company;
2.6.6. Distribute (including via e-mail or the Internet), or otherwise make available, copies of the Service or the content within the Service to others, whether or not for payment or other consideration;
2.6.7. Copy, extract, summarize, distribute or otherwise use the Service in any manner which competes with or substitutes for Company’s distribution of the Service to its customers;
2.6.8. Use the Service in any way disable, overburden, damage, or impair the Service or otherwise interfere with any other party's use and enjoyment of the Service;
2.6.9. Obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the Service;
2.6.10. Use the Service to transmit any material in violation of Section 5, below.
2.6.11. Use the Service to:
2.6.12. Use the Service in any other manner that would violate the terms of this Agreement, including provisions with respect to the intended purpose of the Service.
3. ACCEPTANCE OF THE SERVICE.
3.1. THE SUBSCRIPTION AND YOUR INFORMATION. The Company provides access to the Service on a subscription basis (the "Subscription"). To obtain a Subscription, you will be required to provide certain information to the Company. It is a condition of your use of the Service that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company reserves the right to deny you access to the Service, or terminate the Service pursuant to Section 7, below.
3.2. 14-DAY FREE TRIAL AND TIERS OF SUBSCRIPTONS. The Company offers different tiers of Subscriptions, which vary in price and features. Company also offers a free 14-day trial for any tier of Subscription. After the 14-day trial ends, you will be given the option to continue to use Trademark Bank for a fee, which varies depending on the Subscription tier (the "Paid Subscription"). If you choose not to purchase a Paid Subscription, all data you entered into Trademark Bank during the free 14-day trial will be deleted, including all reminders, documents, notes, and tags. All your watches will immediately stop. You specifically acknowledge and agree that when your account is cancelled or terminated, all your data will be deleted.
3.3. AUTOMATIC RENEWALS. When you sign up for a Paid Subscription, it will automatically renew at the 1st of each month (the "Period"), until either you or the Company terminates the Paid Subscription pursuant to Section 7, below. You specifically acknowledge that your Paid Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. To be clear, your Paid Subscription will be automatically extended for successive Periods. As such, your payment method will automatically be charged for each successive Period at the then-current subscription rate. Please note that if you sign up for a Paid Subscription, Company will submit charges for the Period to the payment method you used to set up your Paid Subscription without further authorization from you, until you cancel the Paid Subscription pursuant to Section 7, or change your payment method. Such notice will not affect charges submitted before Company reasonably could act.
3.4. NON-PAYMENT OF PAID SUBSCRIPTION FEE. If, for any reason, the Paid Subscription fee is not paid within 15 days of the end of the Period, Company shall cancel your Paid Subscription and terminate your access to the Service. In this case, all your Trademark Bank data will be deleted, including all reminders, documents, notes, and tags. All your watches will immediately stop. You acknowledge and agree that Company will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your Paid Subscription for this reason.
3.5. INCREASES TO YOUR PAID SUBSCRIPTION FEE. Company may raise the price of your Paid Subscription fee at any time, for any reason. Company will give you 30-days notice to either change Paid Subscription tiers, cancel your account, or agree to the price increase. If you do not agree to the price increase, then your account will terminate pursuant to Section 7, below.
4. ACCEPTANCE OF THE SERVICE.
4.1. ACCEPTANCE. You acknowledge and agree that the Service is cloud-based, and thus requires an Internet connection to fully function. By using or accessing the Service, you have accepted the Service and this Agreement. Please do not use or access the Service if you do not wish to accept the Service or this Agreement.
4.2. TECHNICAL SUPPORT. The Company can be contacted at firstname.lastname@example.org regarding technical support issues.
5. COMMUNICATION USING THE SERVICE.
5.1. COMMUNICATIONS SERVICES PROVIDED BY THE COMPANY. Company's Service may include forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, or other message or communication facilities designed to allow you to communicate with the Company, the Internet community, or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Services topic. When using the Services, you agree that you will not post, send, submit, publish, or transmit, or cause to be posted, sent, submitted, published or transmitted, any material that:
5.1.1 You do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
5.1.2. Advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
5.1.3. Is vulgar, obscene, pornographic, or indecent;
5.1.4. Is libelous, defamatory, racist, abusive, threatening, harassing or offensive;
5.1.5. Seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
5.1.6. Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
5.1.7. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
5.1.8. Advertises any commercial endeavor (e.g., offering for sale products or services), solicits funds, or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, or soliciting goods or services);
5.1.9. Includes programs that contain viruses, worms or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
5.1.10. Disobeys any law, policy or regulations in your jurisdiction; or
5.1.11. Contains hyperlinks to other sites that contain content that falls within the scope of this Section.
5.2. TERMINATION FOR VIOLATIONS. YOU UNDERSTAND AND AGREE THAT IF YOUR CONTINUED USE OF AND ACCESS TO THE SERVICE IS CONTINGENT UPON COMPLIANCE WITH ALL TERMS OF THIS AGREEMENT, AND THAT ANY VIOLATIONS OF THIS AGREEMENT, INCLUDING THE CONDUCT DESCRIBED ABOVE, MAY RESULT IN COMPANY IMMEDIATELY TERMINATING YOUR TRADEMARK BANK ACCOUNT WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT TO A REFUND, SET-OFF OR A HEARING. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR CONDUCT WHICH VIOLATES THESE TERMS.
6. CHANGES IN THE SERVICE.
Company may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any content you enter or submit to, with, or through the Services, at any time without liability. If Company chooses to discontinue the Paid Subscription plan that you are subscribed to, then within 30 days of Company discontinuing the plan, Company will give you the option of changing plans, or cancelling your Subscription.
You may change your Subscription plan at any time by going to your "My Account" tab, and clicking the "Change plan or credit card" button under the heading "My Subscription Plan". If you downgrade your Subscription, then the downgrade price difference will be reflected in the next Period's billing cycle.
7. CANCELLATION AND TERMINATION.
7.1. CANCELLATION BY USER. User may cancel your Subscription by:
7.1.1. Notifying the Company via email at email@example.com, and Trademark Bank will respond with steps to help you cancel your Subscription; OR
7.1.2. Going to your "My Account" tab, and clicking the "Delete account" button under the heading "My Subscription Plan".
7.2. NO PARTIAL REFUNDS. No partial refunds for the Service will be given to users who (a) cancel their Subscriptions; (b) downgrade their Subscriptions; or (c) have the Service terminated by Company for failing to comply with this Agreement.
7.3. TERMINATION BY THE COMPANY. At its sole discretion, Company reserves the right to terminate your access to any or all of the Service at any time and for any reason whatsoever, including violation of these Terms. Company shall give five (5) days notice prior to termination, unless termination is the result of a user breaching this Agreement. In that case, Company may immediately terminate the Service.
7.4. DELETION OF ALL DATA UPON CANCELLATION OR TERMINATION. When your account is cancelled or terminated pursuant, all your Trademark Bank data will be deleted, including all reminders, documents, notes, and tags. All your watches will immediately stop. You acknowledge and agree that when your account is cancelled or terminated, all your data will be deleted, and you will not be entitled to a refund or proration.
7. INTELLECTUAL PROPERTY.
8.1. INTELLECTUAL PROPERTY RIGHTS. As detailed in this Agreement, the Service and all worldwide copyrights, trademarks, patents, trade secrets and other intellectual property rights therein (the "Company IP") are the exclusive property of the Company or its licensors, as applicable. You agree that Company IP is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark, and that you will not use Company IP in any way whatsoever except as permitted by this Agreement, and any applicable law. In the event of any third party claim that content you create using the Service infringes on a third party’s intellectual property rights, you accept and acknowledge that the Company will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. Further, in such event, you will defend and indemnify the Company against all claims, demands, lawsuits, or other action, including reasonable attorneys’ fees, costs, and damages or payments for settlement of such claims pursuant to Section 10 of this Agreement.
8.2. DAMAGES FOR BREACH. You shall be strictly liable for all damages to the Company that result from any infringement or other unauthorized use of Company IP.
9. DISCLAIMER & LIMITATIONS ON LIABILITY.
9.1. DISCLAIMER OF WARRANTIES. You understand that Company cannot and does not guarantee or warrant that the Service will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge and agree that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of any content or data you enter into the Service. Company further disclaims any responsibility to ensure that any content provided by the Service is complete and up-to-date.
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE CONTENT CONTAINED WITHIN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT YOU ENTER INTO THE SERVICE, OR ANY MISSED DEADLINES OR OTHER ACTIONS TAKEN BY THE UNITED STATES PATENT AND TRADEMARK OFFICE ("USPTO") THAT RESULTS FROM YOUR USE OF THE SERVICE.
9.2. LIMITATION OF LIABILITY. COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE. THIS INCLUDES FEES, FINES, OR OTHER LIABILITY ASSESSED BY ANY LOCAL, STATE OR FEDERAL GOVERNMENT AGENCY OR BODY FOR ANY ACT OR OMISSION WITH ANY CONNECTION TO YOUR USE OF THE SERVICE, HOWEVER REMOTE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, ANY SERVICE, OR ANY CONTENT CONTAINED WITHIN IS TO STOP USING THE SAME.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE DOCKETED MARKS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY INFORMATION RELATED TO THE DOCKETED MARKS PROVIDED BY THE SERVICE MAY NOT BE UP-TO-DATE OR ACCURATE, AND THAT YOU ARE SOLELY RESPONSE FOR ALL DEADLINES AND REQUIRED DOCUMENTS AND/OR INFORMATION FOR THE DOCKETED MARKS.
9.3. HYPERLINKING. The Service may hyperlink to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to you, and are not sponsored by, endorsed or otherwise affiliated with Company. Company has not reviewed any of such sites and is not responsible for the content of any linking sites, and any links made directly from the Service to another web page should be accessed at your own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
11.1. DISCLOSURE UNDER LAW. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to protect the rights, property or personal safety of the Company, its Users or the public.
11.4. HEADINGS. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
11.5. RELATIONSHIP BETWEEN THE PARTIES. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of the Service.
11.6. NO LEGAL ADVICE/ATTORNEY CLIENT RELATIONSHIP. You acknowledge and agree that the Company is not your attorney, and the Service is not intended to give legal advice. Communication of information by, in, to or through the Service and your receipt or use of it (1) is not provided in the course of an attorney-client relationship and does not create an attorney-client relationship, (2) is not intended as a solicitation for legal services, (3) is not intended to constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You further acknowledge and agree that emails transmitted between you and the Company does not create an attorney-client relationship.
11.8. WAIVER. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the Company.
12. CONTACT INFORMATION.
If you have any questions, or if you would like to report a violation of this Agreement to the Company, please contact us at firstname.lastname@example.org.