Terms of Service

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

This website, including all of its features and content, hereinafter referred to as ("Website") is a service made available by Trademark Genius hereinafter referred to as ("Provider") and all content, information, services ordered or provided on or through this Website, hereinafter referred to as ("Content") is to be used solely under the proceeding terms and conditions, hereinafter referred to as ("Terms of Use").

Limited License for use of Website

As a user of this Website you are granted a revocable, nontransferable, nonexclusive, limited license to use and access this Website and Content in conformity with these Terms of Use. The license may be terminated by the Provider at any time for any reason without notice.


Third Party Information

During the processing of your transactions, we collect verification information from our credit card authorization services. Credit card authorization services verify that credit card information and address that they have on file for you matches the information that you have provided to us.


Limitations on Use

The Content on this Website is only for your personal use and not for commercial usage. Furthermore, you may not disassemble, reverse engineer, decompile, lease, rent, sublicense, loan, sell, or create derivative works from this Website or the Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy this Website or the Content without Provider's prior written permission. You may not use this Website to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website. You may not use or otherwise export or re-export this Website or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or its Content is prohibited.


Not Legal Advice

Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Website treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of the Content on this Website or materials linked from this Website is at your own risk.


Intellectual Property Rights

All materials on this Website, including without limitation to all informational text, photographs, graphics, audio, videos, messages, files, documents, images or other materials, whether publicly posted or privately transmitted, as well as all derivative works, are owned by Provider or other parties that have licensed their material to Provider and are protected by copyright, trademark and/or other intellectual property laws. Provider disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Website are the property of either Provider or other third parties. You agree not to copy, reproduce, republish, upload, modify, post, transmit, distribute, display or use such marks without written permission from Provider or the appropriate party.

If you have completed a survey given to you by Provider, you agree that the information obtained can be used by Provider. Furthermore, you grant Provider an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit to this Website. Said license is without restrictions of any kind and without any payment due from Provider to you or permission or notification, to you or any third party. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense the information from the survey, in any form, medium, or technology now known or hereafter developed.


Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement

Provider avails itself of the protections under the terms of the Digital Millennium Copyright Act. Also, Provider reserves the right to remove any content that allegedly infringes upon another person's copyright. Notices to Provider regarding any alleged copyright infringement should be directed to Provider via the contact form.


No Solicitation

You may not distribute on or through this Website any postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Provider. Notwithstanding the foregoing, in any interactive areas of this Website, where appropriate you a) may list along with your name, address and email address, your own web site's URL and b) may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Website.


Advertisers

This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.


Government Fees

In order to complete a Trademark filing with the US Patent and Trademark Office (USPTO), there is a filing fee required by the US Government. A trademark cannot be filed without the payment of this fee. This fee is in addition to our processing fees.

Once you have received your search(es) and our specialists have curated your Trademark application, Trademark Genius will collect and pay the government-discounted TEAS Standard electronic filing fee of $350 per class. In some cases, a Trademark application may fit the qualifications of filing with the less common TEAS PLUS system for $250. In these instances, Trademark Genius will retain the difference in cost due to the additional processing on our part.

Please note that once paid, these USPTO fees are strictly non-refundable under any circumstances.


Cancellation/Refund

When you place an order through the Services, your order begins processing immediately. Due to the varying nature of processing times, you may request cancellation after your order has been placed but we cannot guarantee that your order will be canceled. You may be able to cancel your order for the Services if your order has not begun processing and you contact us within one (1) day of placing your order via email at [email protected] or by calling 1-800-270-6305. Upon successful cancellation we will refund your order in full to the original form of payment. Please note that Government and USPTO fees cannot be refunded once paid. Only Trademark Genius processing fees are eligible for refund. Orders that our team has already begun reviewing and processing, will be subject to a cancellation fee of $50.


Trademark Monitoring Subscription

After a 30-day free trial, the Trademark Monitoring subscription will automatically renew at a cost of $149 every 3 months (quarterly). You can cancel the subscription at any time during the trial period or before the renewal date. To cancel, you may call our customer support at 1-800-270-6305 or opt out through your membership portal.


Errors and Corrections

Provider does not represent or warrant that this Website or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Content available on or through this Website will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.


Third Party Content

Third party content may appear on this Website or may be accessible via links from this Website. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Provider.


DISCLAIMER

THIS WEBSITE, THE CONTENT AND THE SERVICES RENDERED ARE PROVIDED ON AN "AS IS" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, THE CONTENT AND SERVICES RENDERED, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS OR THIRD PARTY SERVICES, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE, THE CONTENT, SERVICES OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITE, THE CONTENT, OR SERVICES RENDERED (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, THE CONTENT, AND SERVICES RENDERED.

PROVIDER IS NOT AFFILIATED WITH ANY GOVERNMENT AGENCY. THE FEES ARE COLLECTED TO COVER ANY RELATED ASSISTANCE YOU MAY NEED WHEN COMPLETING THE APPLICATIONS, WHICH INCLUDES BUT NOT LIMITED TO, CUSTOMER SERVICE ASSISTANCE, VIA PHONE OR EMAIL. PROVIDER DOES NOT CHARGE ANY FEES FOR THE ACTUAL APPLICATIONS OR FORMS. BLANK FORMS CAN BE OBTAINED FOR FREE ON THE RESPECTIVE GOVERNMENT WEBSITES.


LIMITATION OF LIABILITY

PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE, THE CONTENT, OR SERVICES RENDERED, PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, THE CONTENT, OR SERVICES.


Force Majeure

Provider will not be considered in breach of or default under these Terms of Use or any contract with you, and will not be liable to you for any cessation, interruption, or delay in the performance of its obligations herein 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, government shutdown, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen event. If any of these events continues for more than 60 days in the aggregate, Provider may immediately terminate these Terms of Use and shall have no liability to you for or as a result of any such termination.


Indemnification

You agree to indemnify, defend and hold Provider, its officers, directors, employees, and agents harmless against any and all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you.


Third Party Rights

The provisions of paragraphs 13 (Disclaimer), 14 (Limitation of Liability), and 16 (Indemnification) are for the benefit of Provider and its officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.


Unlawful Activity; Termination of Access

Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Provider may discontinue any party's participation in any of the interactive areas at any time for any reason or no reason.


Information Provided

You agree that by using this Website you are at least 18 years of age and the actual said person completing the application and not an individual acting on someone else's behalf. You agree that you are responsible for making sure that all documents submitted for the purpose of obtaining Provider's services is truthful and legally correct. You agree that any and all information provided to this Website is not fraudulent in any manner. Intentionally falsifying information may subject the applicant to criminal prosecution by the US Government. Provider will only provide personal information to third parties when obligated by state and federal authorities.


Remedies for Violations

Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Website and any other websites and their features belonging to the Provider.


Governing Law and Jurisdiction

The Terms of Use are governed by and construed in accordance with the laws of the State of Florida and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.


Privacy

Your use of this Website is subject to Provider's Privacy Policy.


Severability of Provisions

These Terms of Use incorporate by reference any notices contained on this Website and the Privacy Policy constitute the entire agreement with respect to access to and use of this Website and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.


Modifications to Terms of Use

Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Website after any such changes constitutes your consent to such changes.