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Terms of Use

Thank you for visiting Trademark Access’s website (accessible at: “www.trademarkaccess.com” hereinafter, the “Website”). This page states the terms and conditions (“Terms of Use”) under which you may use the Website and any materials, online communications and other information that is or becomes available on the Website. By accessing the Website you accept and agree to be bound, without limitation or qualification, by these terms and conditions. The Terms of Use are a legal and binding agreement between you and Trademark Access.  If you do not accept any of the terms or conditions stated here, do not use the Website.

Not Legal Advice or Attorney-Client Relationship

Information found in this Website is provided for general informational purposes only and should not be construed as legal advice. Legal issues are highly factual matters and advice which may be given is highly dependent on the facts of each case. You are urged to consult an experienced lawyer concerning your particular factual situation and any specific legal questions you may have.  Delaying addressing legal issues may prejudice your rights or your ability to protect or attain rights.

The information found on this Website is not intended to constitute, and does not constitute, a solicitation for the formation of an attorney-client relationship.  No attorney-client relationship is created as a result of any exchange of information through use of this Website.  An attorney-client relationship will not attach between you and Trademark Access or any of our attorneys until at least after all of the following occurs: (1) you have entered into a written engagement agreement with us; (2) we have conducted a conflicts-of-interest check and cleared any potential conflicts; and (3) you have paid the required retainer fee; legal advice will only be rendered after all of these and other formal-procedures have been completed.  Information you provide us via e-mail or through this website shall be subject to our Privacy Policy and will not be considered confidential unless you formally engage us after completion of the engagement procedures described above.  In the event you enter into an engagement agreement with us and any term of the engagement agreement conflicts with the Terms of Use, then the conflicting term of the engagement agreement shall govern.

 Jurisdiction and Venue

Trademark Access is located in Salt Lake City, Utah. Lawyers in the firm are licensed to practice in limited jurisdictions. Trademark Access does not seek to represent anyone desiring representation based upon accessing the Site in a jurisdiction where the Site fails to comply with applicable laws and ethical rules. In addition, our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so. No Trademark Access attorney will undertake representation of clients in states where he or she is not admitted or otherwise properly authorized to do so.  If you engage us, you will be deemed to have come to Utah for the services and all work performed by us for you will be deemed to be performed by us in the State of Utah and subject to the Utah Rules of Professional Responsibility. You acknowledge and agree that any disputes arising from or relating to the Website or any services identified on the Website will be resolved by the courts located in the State of Utah and you expressly agree to be subject to personal jurisdiction by the courts located in the State of Utah for such purposes.

Discount Fees Only Available Through Website

Legal fees and any other service fees recited on the Website only apply to services that are ordered through the website and expressly agreed to in an engagement agreement between you and Trademark Access.  The legal fees recited on the website are commonly discounted fees provided on a flat fee basis because of limitations and restrictions set forth in the engagement agreement applicable to the services. If you seek legal services directly through the law firm Clegg P.C. (www.CleggIPLaw.com), then the standard fees of Clegg, P.C. shall apply.

Government Filing Fees

Fees charged by the United States Patent and Trademark Office for filings in connection with trademark applications and trademark registration are typically based on a per class of goods or services basis.  In the event your application or registration involves more than one class of goods or services, you may be required to pay additional fess for each additional class.  Furthermore, while the government filing fee charged by the USPTO is commonly $325 per class of goods or services, in cases where the entire description of goods or services may be found in the U.S. Acceptable Identification of Goods and Services Manual the fee charged by the USPTO is usually $275 per class of goods or services.  Nonetheless, because finding appropriate descriptions from the U.S. Acceptable Identification of Goods and Services Manual may require additional research and legal analysis to determine whether an available description would be appropriate in an applicant’s particular circumstances, the total charge for preparing and filing a U.S. trademark application, which includes both the attorney fee and the government filing fee, will be the same irrespective of whether the fee charged by the USPTO is $325 or $275 per class of goods or services.

Refund Policy

Payments made through the Website for services are deemed earned as soon as we initiate performance  of services. Except in limited circumstances where required by law, refunds are not available once services have been initiated because of the small size of the flat fees involved and the administrative time and resources involved in setting up each new account.  Trademark Access does not guarantee the successful outcome of any matter undertaken for clients. Predictions about the outcome of trademark applications, prosecution, litigation or other matters are only estimates and expressions of judgment, and are not representations or guarantees that any particular result will actually occur.

Agreement Term and Amendments

This agreement between you and Trademark Access is effective until terminated by Trademark Access, and may be terminated by Trademark Access at any time. Please note that Trademark Access reserves the right to change the Terms of Use under which this Website and its offerings are extended to you. Any such change shall be effective upon notice, which may be given by Trademark Access posting such change on the Website, by e-mail, or any other reasonable way. All modifications to this Terms of Use webpage shall be deemed a posting for purposes of notice. If a change is notified by a posting on the Website, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of Trademark Access. Your continued use of the Website following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use on the Website, by posting, such as modification of this Terms of Use webpage, or delivered by email, or provided in any other reasonable way constitutes reasonable and sufficient notice.

Restrictions

Trademark Access expends significant time and expense gathering, preparing, compiling, and developing the data and other information and content provided on the Website. Consequently, data scraping, website scraping, screen scraping, and all other forms of automated and/or manual data and content mining are expressly prohibited and you agree not use any of the data, information, or content on the Website except as expressly permitted by these Terms of Use. You further warrant that you will not attempt or actually systematically extract data contained in this Website to populate databases for internal or external use.

Limited License and Age Restriction

These Terms of Use provide you with a personal, revocable, nonexclusive, nontransferable license to use this Website conditioned on your continued compliance with these Terms of Use. You may print and download materials and information on this Website solely for personal and noncommercial use; provided that in all cases all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through this Website.

You represent that you are of legal age to form a binding contract and are not a person barred from using or receiving any Trademark Access services under the laws of the United States or any other applicable jurisdiction. You also warrant to Trademark Access that you will not use this Website for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms of Use, including, without limitation, defamation, disparagement, harassment, invasion of privacy, obscenity, or copyright or trademark infringement. Furthermore, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

No Warranty of Content

This Website contains data, information, and other materials and content (“Content”) created and/or compiled by Trademark Access or by third parties. Some of the data and information is obtained from public and other third party sources. While we believe that these sources are generally reliable, we have no duty to pre-screen such Content and are not responsible for any failure or delay in removing such Content. Trademark Access makes no representation or warranty as to the reliability, accuracy, completeness or authenticity of any information contained in the Website. You agree that you must evaluate, and bear all risks associated with, the use of any Content, (including risks relating to the infringement or potential infringement of third party intellectual property rights), that you may not rely on said Content, and that under no circumstances will Trademark Access be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content on the Website or obtained through the Website.

Cookies

This Website may use “cookies,” Flash objects or similar electronic tools to collect information, such as the IP address of your computer, to enhance and customize your experience with this Website. A cookie is a small text file that is placed on your computer and which collects information about your use of this Website, such as the web pages visited, the date and the time of a visit, the Websites you visited immediately before, etc. By using this Website you agree to placement of cookies on your computer. Of course, you may choose not to accept any cookies from any party by changing the settings on your browser. However, if you set your browser to refuse cookies, some portions of our Website may not function properly.

Privacy

Trademark Access may gather certain personal information about you relevant to the purposes of our website.  Trademark Access’s privacy policy explains how Trademark Access treats your personal information, and protects your privacy, when you use our Website and related services.  Through your use of this Website or of any of our related services, you consent to the collection and use (as set forth in Trademark Access’s privacy policy) of such personal information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Trademark Access and its affiliates.

Copyright & Ownership

This Website contains Content that is protected by copyright, trademark or other proprietary rights of Trademark Access or third parties. Content provided by Trademark Access is copyrighted as a collective work pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Website. Except as expressly permitted by the copyright laws and these Terms of Use, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Trademark Access, or the owners of such Content or their authorized persons.

DISCLAIMER OF WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. ALL MATERIALS AND CONTENT IN THIS WEBSITE, INCLUDING THOSE PROVIDED BY LINKS TO THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES. TRADEMARK ACCESS MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR REGARDING THE SUITABILITY OF THE INFORMATION OR CONTENT. FURTHERMORE, TRADEMARK ACCESS MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS WEBSITE AND/OR THE CONTENT CONTAINED HEREIN. TRADEMARK ACCESS DOES NOT WARRANT THAT THE WEBSITE AND ITS CONTENT, INCLUDING THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. These disclaimers of implied warranties are not permitted in some jurisdictions and consequently the foregoing disclaimers may not apply to you in such jurisdictions.

LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL TRADEMARK ACCESS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TRADEMARK ACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. These liability limitations are not permitted in some jurisdictions and consequently the foregoing limitations may not apply to you in such jurisdictions.

Trademark Access

As used in the Privacy Policy and in the Terms of Use, “Trademark Access” shall mean Trademark Access and any of its partners or affiliates, including the law firm of Clegg, P.C.

Questions & Contact

If you have any questions regarding the Terms of Use, please contact us at:

Trademark Access
Attn: Terms of Use Issues
P.O. Box 1198
Salt Lake City, UT 84110
 

Effective Date: November 18, 2011