This Terms of Service discloses the terms of use of Trademark United (the “Website”), property of TM UCREATIV LLC, regarding the usage of this Website.
If, prior to my purchase, I believe that Trademark United 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.
I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the Trademark United Arbitration Agreement, contained in Paragraph 14 of these Terms of Service.
I UNDERSTAND THAT THE Trademark United REVIEW OF MY ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT, WHERE APPLICABLE, AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
1. Accuracy of Information and Third-Party Consent
To the best of my knowledge, I have provided accurate information to Trademark United and have obtained all third-party consents required for my order.
2. Electronic Records and Signatures
I give Trademark United consent to affix my electronic signature where required to file my documents. I understand I may withdraw my consent, provided my documents have not already been filed, by calling Trademark United Customer Care at (888) 663-0332.
3. Non-English-Speaking Customers
I understand that certain materials on the Trademark United Website, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
4. Limitation of Liability and Indemnification
EXCEPT AS PROHIBITED BY LAW, I WILL HOLD Trademark United AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF Trademark United HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF Trademark United, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
5. Terms of Use
I understand that the Website’s general terms of use (the “Terms of Use”) also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to those Terms of Use, which are incorporated herein by reference.
6. Third Party Services
If I purchased a product that involves third party services, I understand that I may be required to accept additional terms located on the third party’s Website. The third party may contact me by email and/or phone with instructions on how to access my benefits. Trademark United HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. Trademark United IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE WEBSITES. A THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF Trademark United AND THE THIRD PARTY WEBWEBSITE MAY PROVIDE LESS SECURITY THAN THE Trademark United WEBSITE.
7. Future Products and Services
If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
8. Refund/Cancellation Policy
You are eligible for a refund only on our service/package fee before the trademark
clearance has been conducted for your trademark order. Since we begin preparing your trademark clearance report right
after you place the order, you must request a refund before we send you the trademark clearance report via email. Once
you place an order, you will receive a confirmation email with the next steps. You must reply back to the confirmation email
immediately if you wish to cancel your order and avail the refund. You DO NOT QUALIFY for refund after we have sent you the
trademark clearance report. Once we've prepared the trademark clearance report, it means that we have conducted your
trademark search and prepared your trademark application for filing.
Federal filing fee, also known as the USPTO filing fee is non-refundable since it is paid to the United States Patent
and Trademark Office (USPTO) and cannot be refunded.
9. Abandoned Orders
My purchase allows me to create my own legal documents. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after 120 days have elapsed from the purchase date unless Trademark United is at fault. All itemization of fees are displayed for convenience only. Delivered orders shall be governed by the Trademark United Satisfaction Guarantee. Both parties acknowledge that Trademark United is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Trademark United for reimbursement of our commitment to service this order.
10. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care at (888) 663-0332. In the unlikely event that the Trademark United Customer Care is unable to resolve your complaint to your satisfaction (or if Trademark United has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Trademark United will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney’s fees from Trademark United to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.
Under certain circumstances (as explained below), Trademark United will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what Trademark United offered you to settle the dispute.
You may speak with independent counsel before using this Website or completing any purchase.
11. Arbitration Agreement:
(a) Trademark United and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “Trademark United,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to those named in an estate planning document.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Trademark United are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by US certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Trademark United should be addressed to: Notice of Dispute, General Counsel, Trademark United.com, Inc., 101 North Brand Blvd., 11th Floor, Glendale, CA 91203 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Trademark United and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Trademark United may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Trademark United or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Trademark United is entitled.
You may download or copy a form to initiate arbitration from the American Arbitration Association (“the AAA”) website at www.adr.org.
(c) After Trademark United receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Trademark United will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association, as modified by these Terms, for all claims under $75,000 and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Trademark United and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Trademark United was a party. Except as otherwise provided for herein, Trademark United will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Trademark United for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
(d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Trademark United’s last written settlement offer made before an arbitrator was selected, then Trademark United will:
pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and
pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”).
If Trademark United did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Trademark United’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Trademark United’s settlement offer.
(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws Trademark United may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding, Trademark United will not seek such an award for claims under $75,000.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND Trademark United AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Trademark United 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 arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
12. Filing Fees
Except as otherwise noted, filing and recording fees may include all mandatory or applicable federal, state, county and local administrative fees, name reservation fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees and other transactional fees incurred on your behalf by Trademark United.
13. Trademark Filing Fee
The government filing fee for trademarks can range from $250 to $750 per class. In order to save customers’ money, Trademark United files using either the TEAS Standard system or the TEAS Plus system. Among other things, these require electronic communications with and responses to the USPTO. The fee you see from Trademark United consists of the government TEAS Standard electronic filing fee of $350. If the stricter “TEAS Plus” system can be used for your application, Trademark United will use this system. The TEAS Plus system streamlines the US Patent and Trademark Office (USPTO) review process and has a lower filing fee of $250, but requires additional Trademark United labor to process. If we are able to use the TEAS Plus system for your application, Trademark United will still charge $350, of which $250 will be allocated to the USPTO fee and $100 to a Trademark United processing fee. Whichever filing system used, if you later decide that you do not want to communicate with the USPTO via email, you do not want to file responses and documents electronically with the USPTO, or if the USPTO determines that you do not fit the applicable filing and examination requirements, the USPTO may charge you an extra $100 processing fee per class. This fee, if any, will be assessed directly by the USPTO. Trademark United will not pay it on your behalf.
14. Trademark Submitted Material
As part of an order for certain trademark, copyright, and patent products, I may be required to submit to Trademark United materials – such as specimens, drawings, or copies of my work – in order for it to complete my order and submit my document(s) to the relevant government office. Furthermore, I understand that while it may retain digital copies of my submission, Trademark United does not retain physical copies of my submissions and will not return those materials to me. All physical materials that Trademark United does not submit to government offices as part of my application will be securely destroyed.
15. Authority to File Trademark Applications
(a) Trademark: By placing my order, I give Trademark United the express authority to file my application with the USPTO. After placing my order, Trademark United may send me material to review or contact me for information regarding my order. In either case, if I do not respond to Trademark United within 7 days, it may file my application to avoid filing delays. I understand that I may be contacted by the USPTO for other information after my application has been filed.
(b) Trademark TEAS Electronic Filing and Communications: Trademark United may authorize the USPTO, on my behalf, to contact me at the email address I have provided in my order. I agree to submit documents and communications electronically using the USPTO TEAS system. I understand that if I fail to comply with these requirements, the USPTO may charge me an additional $100 processing fee per class and that Trademark United will not pay it on my behalf.
16. Trademark United Trademark Search
Each Trademark United trademark search includes information about “active” federal trademarks (i.e., those displaying a status of “LIVE” “PENDING,” “PENDING – INITIALIZED,” “PENDING – PASSED BY EXAMINER,” “PUBLISHED FOR OPPOSITION,” “ALLOWED – INTENT TO USE,” “PENDING – SUSPENDED,” or “REGISTERED”) as available in the US Patent and Trademark Office (USPTO) webWebsite database at the time the search is conducted. A Trademark United trademark search may not include information about “inactive” trademarks (i.e., those displaying a status of “DEAD,” “ABANDONED,” “ABANDONED – MISASSIGNED SERIAL NUMBER,” “ABANDONED – NO STATEMENT OF USE,” “ABANDONED – VOLUNTARY,” “CANCELLED,” “CANCELLED – SEC. 8,” “CANCELLED – SEC. 18,” or “EXPIRED”) although marks with these statuses can, in certain circumstances, affect the registrability of your mark and/or your ability to use it in commerce. Active trademarks are those either currently pending or registered and presumed up-to-date with the USPTO, and can be used as a bar to a new trademark registration. Generally, inactive marks will not be used to bar a new trademark registration, although an abandoned application can be revived under certain circumstances. Moreover, an individual may claim common law rights because of its commercial use of a trademark. Without limitation, Trademark United accepts no responsibility or liability for any impact that any inactive application or registration, or common law use, may have on your registration or trademark.
Trademark United strives to provide customers with the most thorough and up-to-date search results through the best available technology and trained search specialists. Accordingly, I understand that it takes all reasonable steps to ensure that the accuracy and completeness of searches is the best possible using its resources, including existing databases and personnel. For due diligence purposes, trademark customers should thoroughly examine the search report and review to ensure that they are satisfactory and accurate before making any decisions regarding their trademark(s).
17. 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.
18. Reviews
After your purchase, you may receive an email survey request from Trademark United. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Website or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.
19. Access to World Wide Web; Internet Delays
To use Trademark United services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Trademark United services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that Trademark United is not responsible for delays, delivery failures, or other damage resulting from such problems.
20. Force Majeure
Trademark United shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, Trademark United may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
21. Right to refuse
I acknowledge that Trademark United reserves the right to refuse service to anyone.
I acknowledge that I have had the opportunity to view sample templates of Trademark United documents and may call Trademark United Customer Care at (888) 663-0332 with questions or for assistance locating sample templates.
I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service.