Terms and Conditions of Use
Welcome to the TrademarkISG website (the “Website”), which is owned and operated by TrademarkISG, LLC (“TMISG” or “we” or “us” or “our”) a limited liability company organized under the laws of Louisiana.
Please review these terms and conditions (“Terms of Use”) carefully before using the Website, as it constitutes an agreement between you and TMISG. By using the Website, you agree to comply with these Terms of Use as well as all applicable laws and regulations. If you do not agree to these Terms of Use, please do not use this Website. Please also revisit and review these Terms of Use periodically, as we may revise them from time to time.
By using this Website, you also agree that you are at least 18 years of age and legally able to enter into a contract.
We also encourage you to review our Privacy Policy, which is incorporated by reference.
TMISG PRODUCTS & SERVICES
TMISG is not a U.S. law firm and cannot provide any legal advice. TMISG is also not a legal referral service. TMISG develops and provides automation and search tools, as well as other software technology to assist users of the Website in searching the United States Patent and Trademark Office (“USPTO”) records and other publicly available information. The Website may also feature information and resources related to trademark law. You understand that this does not constitute legal advice and should not be relied upon. The information provided on this Website is not guaranteed to be accurate and TMDUS is not a substitute for an attorney.
SERVICES OF ROOT IP AND ISG-MANTRA, LLC
If you decide to proceed with a U.S. trademark application through this Website, you will be represented by Joseph E. Root, Esq. or Verena Benker, Esq., only upon a successful conflicts check and upon your agreement to such representation. A summary of their qualifications may be found here [insert link to CV]. You understand that you are free to choose any licensed U.S. trademark attorney to represent you, by not using this Website to request a trademark application. A complete list of registered attorneys licensed to practice U.S. federal trademark law may be obtained by contacting your State Bar or the USPTO.
You understand and agree that confidential communications should not be shared with TMISG or its customer service representatives. If you are represented by Joseph Root or Verena Benker, you should only communicate confidential communications to them or you risk waiving the Attorney-Client privilege as to such communications.
TMISG is a provider of intellectual property services and is not a law firm or a legal referral service. Joseph Root or Verena Benker may use assistants provided by TMISG to help in the preparation and processing of certain documents. Any such assistance, however, will be performed completely under Joseph Root’s or Verena Benker’s supervision and Joseph Root or Verena Benker will remain responsible to the client for the professional quality of the services provided. Where the assistants provided by TMISG become privy to a client’s confidential information through Joseph Root’s or Verena Benker’s representation of the client, such confidential information will still be protected by the Attorney-Client privilege unless there is a waiver.
FEES & PAYMENT
The fees for the products and services offered through this Website are outlined on the “Services and Fees” page of the Website. TMISG reserves the right to change these fees at any time without notice. You will not be charged until you decide to proceed with an order for a trademark application. We accept credit or debit card payments, with cards including Visa, Mastercard, Discover, American Express, Diners Club and JCB. By purchasing from us, you confirm that the credit or debit card used is yours and understand that all credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize full payment to us, we are not responsible for any delay or non-acceptance of your order. As such, if you believe that you would be harmed by any such delay, you should not place an order through this Website.
TMISG does not earn any fees for legal services. TMISG earns fees only for non-legal services, such as the fees you pay for use of this Website and of software owned by TMISG, and for provision of non-legal administrative support.
Joseph Root and Verena Benker earn in full and receive from TMISG all legal fees paid for legal advice and legal services as they are rendered to you. Joseph Root and Verena Benker do not earn any legal fees until it begins work on the legal services.
REFUND POLICY
When you place an initial order through the Website, you will need to provide your payment information for authorization on the amount to be charged if you decide to proceed with an order for a trademark application. You will not be charged until you affirmatively elect to proceed with an order for a trademark application after reviewing your search opinion. However, once you elect to proceed with an order for a trademark application, you cannot cancel your order and a refund will not be granted.
CANCELLATION
Subject to your inability to cancel your order after electing to proceed with a trademark application, you must inform us in writing (by letter, fax, or e-mail) if you wish to cancel your account with us. However, if you cancel your account after work has begun on your order, you may still be liable for any charges that remain outstanding as of the date of such cancellation. If you cancel your account with us, we will take no further steps to provide you with any of our products or services.
PAYMENT SECURITY
Your payment information is protected in transit from your computer during checkout using the Secure Sockets Layer (SSL) protocol with an encryption key length of 128 bits. We use the services of approved third party companies to perform the payment card transaction. Only these companies and the acquiring bank have access to your card details. For further information on how we handle your information, please refer to our Privacy Policy.
PRIVACY POLICY
We understand and respect the importance of your privacy. Please review our Privacy policy, which is expressly incorporated into the Terms of Use by reference. To place an order through the Website, we require you to create an account with us by providing information about you and the trademark you wish to register. You will be asked at that time to complete a registration form, and to provide a username and password. While we will do our best to keep your information secure in our systems, it is your responsibility to keep your password confidential so that unauthorized users are not accessing your account. You may not use the account, username, or password of another user at any time. By creating an account with us, you also agree to notify us immediately of any unauthorized use of your account.
TMISG shall not be liable for any loss that you incur as a result of another person using your account.
DATA DISPLAYED ON THE WEBSITE
While we do our best to ensure the accuracy of the data displayed on the Website, we cannot guarantee that there will be no errors, mistakes or omissions. For instance, you may not receive accurate data due to refresh delays, removal of certain individual records by owners’ requests, or technological glitches. TMISG also cannot guarantee that abandoned, expired, or cancelled trademarks displayed as such on the Website are not currently being used or that there are no common law or copyright claims which can be made on them.
NO WARRANTY
The Website and all materials, documents or forms provided in connection with your use of the Website are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, TMISG expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
TMISG makes no warranty that:
- The Website or the information or materials provided in connection with your use of the Website (the “Materials”) will be available without delay or interruption;
- The Website or the Materials will be error-free;
- The Website or the Materials will meet your needs;
- The Website or the Materials will be accurate or reliable.
You agree and understand that your use of the Website is at your own discretion and at your own risk.
MALPRACTICE LIABILITY
TMISG shall not be liable to you for any claim for damages, penalties, or interest in any way on the provision of erroneous information or advice by Joseph Root or Verena Benker in the course of conducting searches or preparing and filing registration applications. You will look solely to Joseph Root or Verena Benker for claims in those areas; Joseph Root and Verena Benker have warranted that they carry sufficient liability insurance to meet such requirements.
OWNERSHIP
This Website, located at www.trademarkdirect.com, is owned and operated by TMISG. All right, title, and interest in and to the materials provided on this Website are owned by TMISG, its affiliates, and third party authors, developers, or vendors.
LIMITATION OF LIABILITY
In no event shall TMISG, its officers, directors, employees, or agents be liable for any indirect, punitive, incidental, consequential, or special damage, in any action arising out of or in connection with the use of this Website. If this exclusion or limitation of incidental or consequential damages is not allowed in your state, this limitation or exclusion may not be applicable to you.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless TMISG and its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, and losses, including reasonable attorneys’ fees and costs, arising out of or in connection with your use of the Website.
CHILDREN’S PRIVACY
Anyone under the age of 18 may not use the Website, and should not submit any personal information to us.
GOVERNING LAW/VENUE
You agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Louisiana, excluding its choice of law rules. Any legal action or proceeding relating to your use of the Website shall be instituted in the State of Louisiana.
ARBITRATION
You and TMISG hereby mutually agree that all disputes or claims between you and TMISG shall be resolved by binding arbitration. This includes, but is not limited to, any disputes relating to use of the Website or the quality or appropriateness of services offered by TMISG.
SEVERABILITY & INTEGRATION
This agreement and any supplemental terms and policies posted on the Website constitute the entire agreement between you and TMISG and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with the applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
ACKNOWLEDGEMENT
By using this Website, you acknowledge that you have read these Terms of Use and agree to be bound by them.