The use of trademarkunit.com Trademark Unit's website (the "Website") constitutes your assent to and acceptance of these terms
and conditions in full as an agreement between you and trademarkunit.com Trademark Unit. As if fully explained herein, our
Privacy Policy is also incorporated into this Agreement. Please do not use the Website in any way if you do not agree to these
terms.
BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS ARE CONTAINED IN THIS AGREEMENT, BELOW.
CONDITIONS TO USE OUR WEBSITE
Acceptance of the following terms and conditions will result in authorization to use the website: Your agreement to these
Terms of Use is contingent upon your being at least 18 years old and refraining from using the website in a manner that
contravenes the laws of the United States, including but not limited to its export and re-export regulations. will not copy
or distribute any part of the Website in any manner without our prior written consent; will provide accurate information
when creating an account, submitting content or registering for our Website; will not allow others to use the Website under
your User ID; are solely responsible for your User ID and the activity that occurs through your User ID; will not use the
Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use
it to obtain data or personal information about any other users or to solicit other users or advertisers; are solely
responsible for any content provided by you on the Website, including but not limited to any discussion posts, profile
information, links, videos and pictures including the ownership of any licenses or rights necessary to use the work of
others and will not submit any copyrighted materials or work subject to other’s proprietary rights; grant the Website and
other users a non-exclusive license to read your materials and to use, reproduce, distribute, prepare derivative works of
and/or display any materials provided by you; and agree we have the right to remove any and/or all of your content and
terminate your account with or without prior notice.
YOUR CONTENT
Any material you provide to us, referred to as "User Generated Content" or "UGC" from here on out, may be published
with our permission. Your usage of user-generated content (UGC) must not include any action that:
The material you provide to us, referred to as "User Generated Content" or "UGC" from here on out, may be published
with our permission. Posting or using user-generated content (UGC) in the following ways is strictly prohibited:
infringing on others' copyright, trademark, trade secret, or other proprietary rights; violating third parties'
privacy, publicity, or other rights; being unlawful, false, inaccurate, defamatory, discriminatory, libellous,
pornographic, obscene, abusive, threatening, harassing, hateful, or encouraging conduct that would be illegal,
violate any law, violate any law, or otherwise inappropriate, as decided by us in our sole discretion; or potentially
damaging our company, parent company, sister companies, affiliates, advertisers, or other parties. No removal of
user-generated content (UGC) that may violate any of these restrictions will be enforced by us. Delete any
user-generated content (UGC) that violates these conditions, suspend or delete user accounts, or take other action
as we see fit. Users' content is not our responsibility if it causes harm to you.
YOUR CONDUCT
You understand and agree that by using the Website, you are not allowed to: engage in or support any illegal activities;
try to deduce the software's source code (including methods, infrastructure, and tools); access restricted areas of the
Website; use the Website to send unsolicited email ads or spam; search or harvest information from the Website using any
automated or manual process; disrupt the Website's proper functioning; or pretend to be someone else. External Site Links
Links on our site may lead to the websites of third parties that are not associated with us in any way. In no event will
we be held liable for the actions, inactions, or content of any third party websites. Just because we've included a link
to another website doesn't mean we endorse or suggest that website, its content, or its products or services.
TERMINATION
At any moment and without warning, we may change or remove the Website or any service herein. We also have the power to
end this Agreement whenever we want, for whatever reason, and without giving you any kind of notice. If, at our sole
discretion, you fail to comply with any of the terms and conditions outlined below, this Agreement will be automatically
terminated. Upon termination, all access to the website will be immediately disabled. Upon termination of this Agreement,
the terms and conditions pertaining to your Content, as well as the provisions regarding Disclaimers of Warranty and
Limitation of Liability, Indemnity, and Dispute Resolution, will remain in full force and effect.
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
There may be deadlines that are specific to your trademark that we may help you remember by sending you notifications or
reminders. While these notices are generally appropriate to most trademarks, they are provided for informative purposes
only. The general principles may not apply to your individual circumstance, therefore it's a good idea to consult a
certified attorney about the deadlines that apply to your case.
CREATION OF FORMS AND DISCLAIMER
Please be aware that we do not personalise any of our forms, instructions,
or suggestions to meet your unique requirements. After you approve or are informed of the opportunity to approve the
application and the cost of the filing fee, we will only retain your credit card information to pay the associated
government filing fee with your order.
PLEASE NOTE THAT WE RETAIN YOUR CREDIT CARD INFORMATION SO THAT WE MAY PAY THE GOVERNMENTAL FILING FEE ASSOCIATED WITH
YOUR ORDER ONLY AFTER YOU APPROVE OR HAVE THE OPPORTUNITY TO APPROVE THE APPLICATION AND ARE MADE AWARE OF THE COST OF
THE FILING FEE.
SEARCH SERVICES
We employ commercially reasonable methods to identify marks that may be similar to the ones you are seeking to use when you
utilise our search services. Nevertheless, we cannot ensure that your mark will be approved and pass, even if you utilise
our search services. The USPTO may reject your mark for a variety of reasons, and there are instances in which an
automated search may not identify a mark that the USPTO identifies as a reason for doing so.
Similarly, when your order includes common law mark searches, we employ commercially reasonable methods to identify marks
that may be similar to the ones you are seeking to use. We, however, are unable to guarantee that your mark will be clear
of or will prevail over all claims or challenges made by holders of common law rights to all marks. In certain situations,
an automated search may fail to detect a common law mark that is potentially similar to your mark.
The purpose of the search report is to furnish you with the necessary marks to meet the parameters specified for the search
type you employ.
Our Trademark Unit conducts a federal trademark search of the USPTO database, which is restricted to direct matches,
phonetically similar, similar in terms of translation, or similar in terms of appearance by means of design.
Our Trademark Unit conducts federal, state, and common law searches of the USPTO database, the databases of all 50 states,
a business registry, and the domain name database. It is restricted to direct parallels, phonetically similar, similar
in terms of translation, or similar in terms of appearance by design.
The USPTO database, the databases of all 50 states, a business registry, the database of domain names, the World
Intellectual Property Organisation ("WIPO") database, and the European Community database are all reviewed by our
Trademark Unit in a global search.. It is restricted to direct matches, phonetically similar, or appearance by
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 Unit.
NEW SERVICES/FEATURES
From time to time, we may offer new services and/or features through the website (including, the release of new tools and
resources). Such new features and/or services shall also be subject to these Terms of Service.
Disclaimers of Warranty and Limitations of Liability
The Website and any related services are provided by us "as is," "where is," and "as available." Regarding the Website,
the advertised goods and services, and any implied warranties or guarantees, we make none. We and our officers, directors,
agents, vendors, and affiliated merchants disclaim all warranties, express or implied, that the website and services are
merchantable, of satisfactory quality, accurate, timely, or fit for a particular purpose or need to the fullest extent
permitted by law. WE DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES, FREE OF ERRORS, ACCURATE, RELIABLE,
OR UNINTERRUPTED IN ANY WAY. We can't promise that the website will be available when you want it or that it will work in
the places you specify.
In the event that you have a dispute or claim with us, your only recourse is to stop using the website. If you use, or are
unable to use, this website, we, our affiliates, officers, directors, agents, vendors, and advertisers herein are not
liable for any indirect, special, incidental, consequential, or exemplary damages. Claims for lost profits, data, goodwill,
work, computer failure or malfunction, damage to equipment, or any other commercial damages or losses are not covered by
these exclusions, even if we were aware of or should have been aware of the possibility of such damages. In jurisdictions
where such exclusion or limitation of liability for consequential or incidental damages is not permitted by law, to the
extent permitted by law, our liability and that of our affiliates, officers, directors, agents, vendors, and advertisers
herein shall be limited.
Hereby, you expressly abstain from the following release: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have
materially affected his settlement with the debtor." This section of the California Civil Code (and any comparable provision
in any other jurisdiction) states:
DEFENCE AND INDEMNITY
You are hereby obligated to defend, indemnify, and hold harmless our company, our officers, directors, representatives,
employees, and agents, as well as any of our parent companies, affiliates, related companies, and their respective officers,
directors, representatives, employees, and agents. This protection extends to any and all claims, damages, obligations,
losses, liabilities, costs, debt, and expenses that may arise from the following: (i) your breach of these Terms of
Service; (ii) your infringement of any third party's right, including copyright, property, privacy, or any and all
intangible or intellectual property rights; or (iii) any claim that your user-generated content damages a third party.
DISPUTE RESOLUTION
"Trademark Unit," "you," and "us" shall have the meanings given to them in this Section. "Us" also includes our subsidiaries,
affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as any person
or entity using or benefiting from our services or products under these Terms or any previous agreements.
Disputes are defined as "any dispute, claim or controversy between you and Trademark Unit, 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 Unit that has accrued or may thereafter accrue, whether
based on contract, statute (including, but not limited to, any consumer protection statutes), regulation, ordinance, tort
(including, but not limited to, fraud, misrepresentation, intentional tort), or any other legal or equitable theory."
The Federal Arbitration Act, and not any state laws applicable to arbitrations, governs the arbitrability of any Disputes.
Without regard to principles of conflict of laws, the laws of the State of Texas shall govern the non-arbitration related
interpretation of this Agreement and the substantive law of any Dispute to the maximum degree permitted by law.
Conciliation through arbitration. The American Arbitration Association ("AAA"), in accordance with its Consumer Arbitration
Rules, shall conduct binding individual arbitration to finally and exclusively settle any Dispute. The Federal Arbitration
Act (9 U.S.C. 1-16) shall govern this arbitration agreement, which is made in connection with a transaction involving
interstate commerce.
Your claim must be arbitrated and must be enforceable. Taking the claim to court is out of the question for both parties.
With the exception of procedures outlined in the AAA Code of Procedure, neither party will be able to use discovery or have
a jury trial in arbitration.
In the event of a dispute about the interpretation, scope, enforceability, or validity of this Agreement, the arbitrator's
decision will be final and binding. Any court with jurisdiction may pass judgement on the arbitral award. If either the
Agreement is terminated or any party becomes bankrupt, this arbitration provision will remain in effect. Any part of this
arbitration clause that is determined to be invalid or unenforceable will not affect the validity or enforceability of the
other parts.
It is forbidden to combine or join claims of different individuals or classes of claimants in a class action, representative
action, private attorney general action, or any other type of action.
Within thirty days, you have the right to reject the class action waiver and bind arbitration. BEFORE THIS AGREEMENT IS
ACCEPTED, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS TO INDEMNIFY US FROM THE BINDING ARBITRATION AND CLASS ACTION WAIVER
SET OUT HEREIN. The Trademark Unit can be contacted by email at support@trademarkunit.com. Please include your name, address,
and a clear statement that you do not wish to resolve disputes with us through arbitration in the subject line of your
email.
Under its Commercial Arbitration Rules, the AAA will handle any arbitration. Additional Procedures for Consumer-Related
Disputes shall be enforced in cases where the dispute value is $75,000 or lower. Your filing fees, as well as those of the
AAA and the arbitrator, will be quickly reimbursed for disputes with a total value of $75,000 or less. Either your county of
residence or Harris County, Texas, US, US, shall be the exclusive venue for the commencement of arbitration. Except in your
county of residence, we agree that no other venue may initiate arbitration. Just follow the AAA regulations to request a
hearing, whether it's over the phone or in person. Unless the arbitrator determines there is strong reason to conduct an
in-person hearing instead, any hearing pertaining to a dispute involving $10,000 or less will be conducted over telephone.
You may get the same amount of money in damages from the arbitrator as you would from a judge. If the arbitrator decides
to grant declaratory or injunctive relief, it will be limited to your specific claim and only to the amount necessary to
resolve it. This provision in no way limits Trademark Unit's ability to request that the arbitrator pay all of its expenses,
including any Administrative Fees, in connection with the arbitration.
A court will settle the Dispute without the right of either party to a trial by jury if the parties do not choose to arbitrate
it or if a court does not mandate arbitration if one party wants to. The exclusive venue for any judicial action resulting
from or connected to this Agreement or the use of the Sites shall be a court of competent jurisdiction situated in Houston,
Harris County, Texas. This includes any attempts to compel arbitration or initially filed lawsuits.
EXPORT CONTROL
You may not access, download, use or export the Services 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.
INTELLECTUAL PROPERTY
All intellectual property rights pertaining to the Website, including trademarks, copyrights, and other proprietary rights
like trade secrets, are owned by us or by the individuals from whom we have secured a license. You are only granted a limited
right to use this Website in accordance with this Agreement. However, we are not offering you a license to utilise any of
these intellectual property rights in any way. Any and all rights not specifically granted to you in this Agreement are
reserved by us. The Website grants you permission to print a limited number of pages for personal use.
All content, including but not limited to text, scripts, graphics, photos, sounds, interactive features, and any trademarks,
service marks, or logos contained therein ("Marks"), is owned by us, to the greatest extent possible, unless such marks belong
to Merchants who have granted us permission to use them on this Website. Copyright and other intellectual property rights
governed by U.S. law, your home jurisdiction's legislation, and international treaties apply to the Marks, which are either
owned or licensed to us. Please note that the content on our website is provided "AS IS" for your personal and informational
use only. Without the written consent of the owners, you are not allowed to use, copy, reproduce, modify, distribute, transmit,
broadcast, display, sell, license, or exploit any of the content in any other way. All rights not explicitly granted in and
to the Website are reserved by us.
You are the exclusive owner of the intellectual property rights to any copyrighted materials or trademarks included in
user-generated content (UGC) that you publish on the Website. The rights you grant us are permanent, non-exclusive,
royalty-free, fully paid, and worldwide. We can sublicense this license through multiple levels of sublicensees. We can
reproduce, make derivative works of, translate, distribute, publicly perform, and publicly display your user-generated
content (UGC) in any form or medium, known or unknown, and we can use, sell, import, offer for sale, otherwise commercially
exploit, and exercise all of these rights.
COPYRIGHT NOTICE
Kindly submit a written notification to support@trademarkunit.com or the copyright agent listed with the U.S. Copyright
Office with the Subject: "copyright notice" if you think we have violated your copyrights, as required by the Digital
Millennium Copyright Act (17 U.S.C. Section 512(c)(3)). Include the following in your notice: (1) A physical or electronic
signature of an authorised representative of the rightful owner of the allegedly infringed exclusive property must be
included. (2) The copyrighted work that has allegedly been infringed must be identified. (3) If more than one copyrighted
work is located on a single website, a representative list of all of those works must be included. (4) The service provider
must be able to contact you, so they will need information like your address, phone number, and email address
(if available). (5) A statement stating that you believe the copyright owner, its agent, or the law does not authorise
the material to be used in the way that is being complained of; (6) A statement stating that the information in the
notification is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly
infringed upon, under penalty of perjury.
THE OVERALL CONTRACT
With respect to the subject matter hereof, the parties hereto have fully agreed to all provisions of this Agreement,
including the Privacy Policy. Any breach or default hereof, if waived by one party, does not constitute a waiver of any
breach or default hereafter.
ALTERATIONS TO THE CONTRACT
At any moment, we may decide that it is required or desirable to change or remove any part of our Privacy Policy or these
conditions. The introduction of new fees or levies is one possible outcome of such revisions. If there are any major
changes, we may (but are under no obligation to) email you at the address associated with your account or post a notice
on the Website to let you know. When we send you an email or post a notice on our website, whichever comes first, any
modifications to this Agreement will be effective. For that reason, we recommend that you check back with this area of
our website periodically to be abreast of any updates. If you continue to use the Website after receiving such notification,
it is understood that you are accepting the adjustments.
AUTHORIZATION
You are giving us permission to be included as a receiver of trademark-related correspondence from the USPTO, along with you,
when you place an order. You are free to make changes whenever you choose, however keeping us in the loop improves our
service to you and may disable features like scheduling and monitoring.
Refund Policy
At Trademark Unit, we are committed to serving the trademark needs of our clients in a professional, courteous, and effective manner. Our goal is 100% customer satisfaction, and we welcome the opportunity to address any questions or concerns you may have regarding your filings. Our dedicated trademark representatives strive to provide friendly, caring, and efficient service. If at any point you feel we have not met this standard, please let us know and we will make every effort to resolve the matter to your satisfaction. You can reach us by email at info@trademarkunit.com or call us toll-free at +1 (877) 587 2455.
If an error occurs on our part in the preparation or submission of your filing, we will promptly correct it at no additional cost to you. However, please note that Trademark Unit fees, as well as all government filing fees, are non-refundable. The USPTO may delay or deny applications for reasons beyond our control, and such circumstances will not qualify as grounds for a refund.
Refund requests must be submitted before the initial trademark search clearance report is conducted. Approved refunds will be issued in the same form as the original payment. For example, payments made by credit card will be refunded to that same credit card. Alternatively, if you prefer, you may request that your refund be provided as a credit balance to be applied toward future services with Trademark Unit.
MISCELLANEOUS
We may, but are under no obligation to, restrict sales of our goods and services to any individual, area, or government.
This privilege may be exercised on an individual basis. We retain complete discretion to alter, at any time and without
prior notice, any and all product descriptions or prices. Any product may be discontinued by us at any time. Any product
or service offered on this site is not valid in jurisdictions where such offers are not permitted.
The headings used for sections in this document are just for convenience and will not be legally binding. In the event
that a court of competent jurisdiction finds any term of this Agreement to be invalid, the validity of the other sections
shall not be affected, and the remaining portions of this Agreement shall remain fully enforceable. Nothing in this
Agreement shall confer any rights upon any third party. No part of this Agreement or your rights or responsibilities
hereunder may be assigned to any third party without our explicit agreement; any effort to do so will be null and void.
