By using the IP Menders website (the "Website"), you agree to all of the terms and conditions listed below as a binding agreement between you and www.IP Menders.com and IP Menders, LLC (referred to as "we", "us", or "our"). This Agreement also incorporates our Privacy Policy, which is detailed in this document. If you do not agree with these terms and conditions, please cease from using the Website.
We provide general information and updates about trademarks, as well as a website where you can prepare and file trademark applications. We are not a legal organization. We do not provide legal advice and are not qualified to do so.
THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A CLASS ACTION WAIVER.
THE TERMS AND CONDITIONS OF OUR WEBSITE'S USE
- You are permitted to use this Website on the condition that you:
- Will abide by these Terms of Usage;
- You are 18 years of age or older;
- Will not replicate or redistribute any portion of this Website in any manner without legally seeking our prior written consent;
- Will provide correct and non-falsified information when creating a new account, submitting and uploading content, or registering for our Website;
- Are solely and individually responsible for your User ID and all activity that occurs through your User ID;
- Will not use the Website for any commercial or merchandising purposes other than the strictly specific commercial activities contained on the Website;
- Will not use the Website to obtain any form of data or personal information on any other users, merchants, or advertisers;
- Are solely and individually responsible for all content shared, posted, and provided by your ID on the Website, including but not limited to discussion posts, your biodata, external links, videos, and photographs, as well as ownership of any licenses or rights required to use the content creations of others and will not submit any copyrighted materials or work subject to others' proprietary rights;
YOUR ACCOUNT PROFILE
We may require you to register an account and/or a profile in order to gain access to certain portions of the Website. All information submitted by you must be accurate, true, and not faked, and you promise to keep said information up to date on a regular basis. Anyone whose access to the Website has already been canceled by the executive authority is not permitted to register for another profile or account, nor may they use someone else's profile or account to access the site or create an account on their behalf.
Because the communal sharing and collusion of User IDs is absolutely prohibited, we will assume that all log-ins to the Website using your User ID are performed by you. Regardless of the circumstances, you are solely liable for any and all Website access by persons using your User ID. If you suspect your User ID is being used maliciously without your informed consent, please contact us immediately at info@IP Menders.com.
YOUR CONTENT
We have full authority to publish various contents given by you (hereafter "User Generated Content or UGC"). You undertake not to upload or use any UGC in any way that: infringes on the intellectual property, trademark, trade secret, or other intellectual property or proprietary rights of others; or exploits the privacy, publicity, legal, or other rights of third parties.
Is illegal, false, inaccurate, derogatory, discriminatory, hateful, un-sanctimonious, libelous, pornographic or sexually implicit and/or explicit, obscene, abusive, threatening, harassing, or propagates conduct that would be considered incriminating, giving rise to civil disruption and liability, violates any law, or is inappropriate in any other format, as determined by us in our sole discretion; or
Is capable of causing damage or harm to our company, parent company, sibling companies, affiliates, advertising, merchants, or other parties' reputations.
We are under no obligation to remove any UGC that may infringe on one or more of these restrictions. We reserve the right but are not obligated, to remove any UGC that violates these conditions, terminate user accounts, or take other steps. We will not be held liable for any losses caused by UGC.
YOUR CONDUCT
You agree not to initiate or participate in the promotion of any illegal actions by using the Website.
Make any attempt to reverse engineer or interfere with the operation of the Website in any manner, or otherwise seek to derive the source code of the program (including the tools, methodologies, processes, and infrastructure);
Schemes for gaining access to coded areas of the Website;
Use the Website to generate unsolicited email marketing schemes or spamming; Surf or uncover coded data from the Website using any automated or manual means;
Interfere with the normal operation of the Website in any way; or masquerade as another user.
OTHER WEBSITE LINKS
We may (or may not) have relationships with third-party websites that are not owned, controlled, or administered by us. We accept no liability for the content, privacy policies, or practises of other websites or their proprietors. Do not assume that by incorporating a link to another website, we are advertising or advocating for any other websites, products, or services.
TERMINATION
We have entire authority to modify or terminate the Website or any of the services provided herein at any time and without prior notice. We also reserve the right to cancel this Agreement at our discretion and for any cause, with or without prior notice. This Agreement will automatically terminate if you breach any of the terms and conditions outlined below, in our sole discretion. Access to the Website will be suspended immediately upon termination. The provisions on Warranty and Liability Limitation, Indemnity, and Dispute Resolution, as well as other terms and conditions pertaining to your Content, shall survive the termination of this Agreement.
SEARCH AND DATA DISPLAY
We rely on state records and may display them on this website. While we make every effort to use the most up-to-date information available, we cannot guarantee its accuracy, dependability, or timeliness.
CALENDAR REMINISCIENTS
As part of our services, we may provide reminders or warnings regarding forthcoming and impending deadlines that may apply to your trademark. These notices are only for informational reasons and represent the general standards that apply to the majority of trademarks. It is recommended that you consult a licenced attorney regarding applicable timeframes to your personal scenario, as individualised situations have more specific restrictions than general ones. Please don't mistake automated notifications for legal frameworks. We do not provide legal advice or interpretation of specific situations.
FORMS AND DISCLAIMER CREATED
Please keep in mind that we are a technology platform that assists in the development of forms, not a law firm or legal service provider. If you purchase one or more packages that include cease and desist letters, assignment of trademark letters, or other forms, you will be eligible for a form document that includes the information provided by you or from your uploaded files. We are not a legal alternative, so we are unqualified to provide you with legal advice. Our customer support staff are not compelled to address any of your legal questions, and they will not engage in any legal discussions. Because information communications between you and our customer support agents are not monitored, you should avoid disclosing any confidential information to them. As your counsel of record, we can assist you in preparing your trademark application but cannot file it for you. We are not obligated to provide you with legal advice on your specific trademark.
We may, but are not compelled by contract, review the data you supply us for completeness, fraudulence, or administrative errors. We are not responsible for checking your submitted answers for legal accuracy, legal counsel, advice, or views in any circumstances. We do not review your data for legal purposes, nor do we provide legal advice about legal rights, remedies, defenses, alternatives, form selection, or strategies, nor do we apply the law to the facts of your specific situation.
You will not make your purchase if you are under the impression that you have obtained legal advice or assistance from us. You accept and understand that purchasing, downloading, or using a form document is not a legal action and does not constitute legal advice. Furthermore, you acknowledge and understand that each form, as well as all applicable instructions or guiding texts, are not intended to fulfil your specific needs.
PLEASE BE AWARE THAT WE RETAIN YOUR CREDIT CARD INFORMATION IN ORDER TO PAY THE STATE FILING FEE ASSOCIATED WITH YOUR ORDER. WE RETAIN YOUR CREDIT CARD INFORMATION ONLY AFTER YOU ARE SATISFIED AND ABLE TO APPROVE THE APPLICATION, WITH THE FILING FEE BROUGHT TO YOUR ATTENTION BEFORE IT IS FILED.
We provide you a draught of the application for your approval. If you do not answer in a timely manner, you authorized us to sign your name to the application, file it as specified in the draft, and collect the $350 governmental filing fee from you at that time.
SERVICES FOR SEARCH
When you use our search services, we employ commercially and professionally reasonable procedures to find marks that are similar to the ones you want to use. We cannot, however, guarantee that your mark will be accepted even if you use our search services. There could be a number of reasons why the USPTO rejects your mark, and there are times when an automated search may fail to find a mark that the USPTO considers to be a grounds for rejection.
Similarly, when you include common law mark searches in your order, we employ commercially acceptable procedures to find marks that may be an equal match to the ones you want to use. We cannot, however, promise that your mark will be free of all claims or challenges made by holders of common law rights to all marks. There are some cases where an automated search may fail to uncover a standard law mark that is identical to your mark.
The purpose of the search report is to provide you with the necessary marks to satisfy the parameters defined for the type of search you use. It is not intended to be a legal framework or legal advice as to whether your proposed mark will be rejected or judged similar to another mark. You may want to consult with an attorney about the results of the search report we provide you.
Our IP Menders, LLC federal trademark search examines the USPTO database and is limited to direct matches, phonetically similar, translationally similar, or appearance by design.
Our IP Menders, LLC federal, government, and common law search examines the USPTO database, all 50 state databases, a company registry, and a domain name database. It is limited to direct matches, phonetically similar, translationally similar, or appearance by design.
Our IP Menders, LLC global search examines the USPTO database, all 50 state databases, a company registry, the domain name database, the World Intellectual Property Organization ("WIPO") database, and the European Community database. It is limited to direct matches, phonetically related words, or appearance by design.
SERVICES FOR TRADEMARK MONITORING
Our trademark monitoring services evaluate the filing of new applications that are direct matches, phonetically similar, translationally similar, or visually similar to your marks as published in the USPTO's Official Gazette and IP Menders, LLC.
WARRANTY DISCLAIMER AND LIABILITY LIMITATIONS
WE PROVIDE THE WEBSITE AND RELATED SERVICES "AS IS," "WHERE IS," AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE WEBSITE, ITS GOODS AND SERVICES, OR THE MERCHANTS AND ADVERTISERS. TO THE MAXIMUM EXTENT ALLOWED BY THE LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE BUSINESSES WHO MARKET WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERVICES ARE MERCHANTABLE, OF ACCEPTABLE QUALITY, ACCURATE, SEASONABLE, OR FIT FOR A SPECIFIC PURPOSE OR DEMAND. WE DO NOT GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, ACCURATE, RELIABLE, OR AVAILABLE 24/7. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT YOUR DESIRED TIMES OR LOCATION.
YOUR SOLE AND UNIQUE RESOLUTION TO ANY DISPUTE OR CLAIM WITH US IS TO STOP USING THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO MARKET HERE, WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM YOUR USE, INABILITY TO USE, OR RELIANCE ON THE WEBSITE IN ANY WAY. EVEN IF WE KNEW OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, HARM OR LOSS TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IF ANY JURISDICTION PROHIBITS THE DISTINGUISHING OR IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT GRANTED BY LAW.
You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) in connection with the ongoing release, which states: "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."
Indemnity
You agree to defend, indemnify, and hold us, our officers, directors, representatives, employees, and agents, as well as all of our parent companies, affiliates, related companies, merchants, and their executives, officers, directors, representatives, employees, and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, legal obligations, and expenses (including, but not limited to, reasonable attorney's fees) arising from:
Resolution of Disputes
All references to "IP Menders," "you," and "us" in this Section include all of our subsidiaries, affiliates, agents, employees, business partners, 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.
Disagreement is defined in this Agreement as "any dispute, claim, or controversy between you and IP Menders, LLC, its members, officers, directors, agents, parent companies, and vendors arising out of or relating to this Agreement or use of the Site or Service, or otherwise regarding any aspect of the Site or Service." your relationship with IP Menders, whether founded on contract, statute (including, but not limited to, any consumer protection statutes, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory."
The unpredictability of any Disputes is regulated by the Federal Arbitration Act, not any state arbitration legislation. Concerning the substantive and substantial law of any Disputes, the laws of the State of California control the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, notwithstanding any clashes of laws and principles.
Arbitration. Any Dispute shall be resolved CONCLUSIVELY and EXCLUSIVELY by bonding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. This arbitration agreement is made in connection with an interstate transaction and is governed by the Federal Arbitration Act. (9 U.S.C. 1-16).
ARBITRATION OF YOUR CLAIM IS REQUIRED AND FINAL. NEITHER PARTY WILL BE ABLE TO LITIGATE THAT CLAIM IN COURT. EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY IN ARBITRATION.
The arbitrator shall make final all regulations pertaining to the scope, interpretation, enforceability, applicableness, and validity of this Agreement, and his or her ruling shall be contractually binding and final. Any court with jurisdiction may pass judgement on the arbitral award. This arbitration clause will continue if: i) the Agreement is terminated; or ii) any party declares bankruptcy. If any part of this arbitration clause is found to be unlawful, invalid, or unenforceable, The remaining provisions will continue in effect.
NO CLASS ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWED.
THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND THE WAIVER OF CLASS ACTIONS WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST INFORM US IN WRITING WITHIN 30 DAYS OF ACCEPTING THIS AGREEMENT. INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION IN YOUR WRITTEN NOTIFICATION TO IP Menders, LLC, INFO@IP Menders.COM WITH THE SUBJECT LINE "OPT-OUT."
The AAA shall administer any arbitration under its Commercial Arbitration Rules. If the case is worth $75,000 or less, the Supplementary Procedures for Consumer-Related Disputes will also apply. We shall promptly return your filing fees and cover the AAA's and arbitrator's fees and expenses in disputes involving $75,000 or less. You agree to commence arbitration proceedings exclusively in your county of permanent residence or in California, United States. We agree to hold arbitration only in your home county. By following the AAA guidelines, you can request a telephonic or in-person hearing. Any hearing in a dispute involving $10,000 or less will be conducted over the phone unless the arbitrator finds sufficient cause to convene an in-person hearing instead. The arbitrator has the same authority as a court to award you specific damages. The arbitrator may only grant declaratory or injunctive relief to you individually, and only to the amount necessary to satisfy your specific claim. Nothing in this agreement prevents IP Menders, LLC from requesting that the arbitrator award IP Menders, LLC any arbitration costs, including any Administrative Fees paid on your behalf.
If the Dispute is not arbitrated by the parties' choice or if a court does not compel arbitration if either party elects to arbitrate for whatever reason, the Dispute will be determined by a court without each party's right to a jury trial. Any such judicial proceeding, including any efforts to compel arbitration or initially filed lawsuits, arising out of or relating to this Agreement or use of the Sites shall be handled only by a court of competent jurisdiction situated in California.
Intellectual Property Rights
We or the individuals from whom we got a licence maintain ownership of all intellectual property rights associated with the Website, including any relevant trademarks, copyrights, and other proprietary rights such as trade secrets. You have a privileged and limited right to use this Website in accordance with this Agreement, but we are not granting you any licence under any of those intellectual property rights. All rights not expressly given to you in this Agreement are held by us. You may print a limited number of pages from the Website for personal use.
We retain ownership of all text, software, scripts, graphics, photos, sounds, interactive features, and trademarks, service marks, and logos contained therein ("Marks") to the greatest extent possible, unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licenced to us and are protected by copyright and other intellectual property rights under US law, the law of the country in which you reside, and international conventions. All content supplied by us on the Website is provided "AS IS" for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, plagiarized, or otherwise exploited, or otherwise exploited for any other purpose whatsoever without the respective owners' prior written and signed agreement. All rights not expressly granted in and to the Website are reserved by us.
Any intellectual property rights in copyrighted works and trademarks contained in UGC that you publish to the Website are retained by you. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with the right to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights.
Copyright Disclaimer
If you suspect we have infringed on your copyrights, please send a notification in writing to info@IP Menders.com or to the copyright agent on file with the U.S. Copyright Office with the Subject: "copyright notice" in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512(c)(3). Your notice must include the following elements: (1) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the copyrighted work claimed to have been infringed (3) Identification of the material claimed to be infringing or the subject of infringing conduct and that must be removed or access to which must be disabled, as well as information reasonably sufficient to allow the service provider to find the item. (4) Information reasonably sufficient to allow the service provider to contact you, such as an address, phone number, and, if available, an email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement under penalty of perjury that the information in the notification is correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Complete Agreement
This Agreement, including the Privacy Policy, represents the parties' entire agreement with respect to the subject matter hereof. No waiver by either party of any breach or default under this agreement constitutes a waiver of any preceding or subsequent breach or default.
Amendments to the Agreement
We retain the right to stop or change any of these terms and/or our Privacy Policy at any time if we think it necessary or beneficial. Such modifications may involve, among other things, the addition of new fees or levies. We may, but are not required to, notify you of any significant changes by email, by sending you an e-mail to the e-mail address associated with your account and/or by publishing notice of the change on the Website. Any changes to this Agreement will become effective upon our sending you an e-mail notice of the changes or our publishing notice of the changes on our Website. We recommend that you re-read this portion of our Website from time to time to stay up to date on any such changes. Use of the Website following such notification shall be deemed acceptance of such revisions by you.
Authorization
By completing an order, you agree to provide us permission to name ourselves, along with you, as a recipient of correspondence from the USPTO regarding your trademarks. You can change this at any moment, however allowing us allows us to better serve you and may prohibit us from delivering services like monitoring and calendaring.
Refund Procedure
The IP Menders seeks to provide our customers' trademark demands in a professional, polite, and effective manner. We want each and every customer to be completely satisfied, therefore we will deal with anyone who has questions or issues about their filings. Our customer service staff is comprised of devoted and courteous trademark representatives that have one aim in mind: to address the needs of each client in a friendly, compassionate, and expedient manner. If you believe we have not fulfilled this goal, please let us know and we will make every attempt to rectify the issues to your satisfaction. You can contact us by email at info@IP Menders.com or by phone at +1-888-378-0094.
If we make a mistake in your file, we will do our utmost to admit it and make the necessary corrections as soon as possible at no additional cost to you. Please keep in mind that IP Menders costs and other government fees associated with your filing services are non-refundable. The USPTO may suffer delays or decline your application without the IP Menders's fault. These are beyond our control and will not be grounds for a refund.
If you wish to request a refund, you must do so before the initial trademark search clearance report is completed. Your refund will be processed in the same manner in which it was received. For example, if IP Menders, LLC was paid by credit card, the refund will be provided to the same credit card that was used to make the payment. However, instead of a refund, you may seek a credit for future IP Menders, LLC purchases/payments.
Miscellaneous
We have the absolute right, but not the obligation, to limit the sale of our products or services to any individual, geographic location, or jurisdiction. We may exercise this privilege on an individual basis. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and without warning. Any offer made on this site for any goods or service is void where prohibited.
The section headers used in this document are for convenience only and have no legal authority or effect. If any provision of this Agreement is found to be lawfully invalid by a court of competent jurisdiction, such invalidity shall have no effect on the enforceability of the remaining provisions of this Agreement, and the remaining portions of this Agreement shall continue to function in full force and effect. This Agreement has no third-party beneficiaries. You may not assign this Agreement or your rights and duties under it, in whole or in part, to any other person without our prior written consent, and such effort will be null and void.