Registering Your Trademark in the United States

When you make use of the Trademark File Help.com website (referred to as the "Website"), you are entering into an agreement with Trademark File Help.com and Trademark File Help, LLC (referred to as "we," "us," or "our"), and you agree to abide by these terms and conditions. This agreement also includes our Privacy Policy as though it were fully outlined here. If you don't wish to accept these terms, please avoid using the Website.

Our role involves furnishing general information about trademarks and offering a platform for you to prepare and submit trademark applications. It's important to note that we are not a law firm, and as such, we are unable to provide legal advice to you.

Below, you will find this Agreement, which encompasses a significant arbitration provision governed by the Federal Arbitration Act and includes a waiver of class actions.

Using Our Website

Your ability to utilize the Website is subject to these conditions:

• You agree to adhere to these Terms of Use.

• You are at least 18 years old.

• You won't misuse the Website in ways that breach U.S. laws, including export and re-export laws.

• You won't copy or distribute any part of the Website without our consent.

• You'll offer accurate details when setting up an account or submitting content.

• You won't permit others to use the Website using your User ID.

• You are solely responsible for your User ID and its activity.

• You'll use the Website only for specific commercial activities as indicated and won't misuse it for data collection or solicitation.

• You bear the responsibility for any content you contribute to the Website and won't violate copyrights or others' proprietary rights.

• You grant non-exclusive rights to the Website and other users to access and utilize your materials.

• We retain the right to remove your content and terminate your account as needed.

Your Account/Profile

Certain areas of the Website may require account/profile creation. The information you provide must be accurate and kept updated. Formerly terminated users can't create new profiles/accounts.

Since sharing User IDs is prohibited, access via your User ID is deemed your action. You're responsible for any access using your User ID. If you suspect unauthorized use, contact us at support@trademarkfilehelp.com.

Your Content

We hold the right to authorize the publication of content you provide (called "User Generated Content or UGC"). You agree not to post UGC that:

• Violates others' intellectual property rights.

• Infringes on third parties' rights.

• Is illegal, false, defamatory, discriminatory, explicit, abusive, or inappropriate.

• Could harm our company or other parties.

We can remove UGC violating these terms, terminate accounts, or take other actions. We're not liable for harm caused by UGC.
Your Behavior

Upon using the Website, you commit not to:

• Engage in or endorse illegal activities.

• Attempt to tamper with the Website's functioning or source code.

• Try to access secured parts of the Website.

• Utilize the Website for unsolicited emails or spam.

• Use automated/manual processes to extract information from the Website.

• Disrupt the Website's operation.

• Pose as someone else.

Links to Other Sites

We might link to third-party sites not managed by us. We aren't accountable for their content, privacy practices, or actions. A link isn't an endorsement.

Termination

We can alter or cease the Website/services without prior notice. We may also terminate this Agreement at our discretion, without notice. Agreement ends if you breach terms. A termination halts Website access. Disclaimers, Indemnity, Dispute Resolution sections, and content terms survive termination.

Data Display and Search

We use government records displayed on the site. Accuracy isn't guaranteed, though we strive for it.

Calendar Reminders

We might provide reminders for trademark deadlines. They're general guidelines and not legal advice. Consult an attorney for specifics.

Form Creation and Disclaimer

We're a tech platform for form creation, not legal counsel. Purchased packages include form documents. We don't offer legal advice.

We might review your info for errors, not legal sufficiency. We don't provide legal advice, opinions, or apply law to your situation.

We retain credit card data for filing fees after your approval.

Search Services

We use reasonable methods for trademark searches but can't guarantee approval. Automated searches might miss issues.

Common law mark searches might not catch all claims. Consult a lawyer for results.

Search reports provide marks based on parameters. They don't predict rejections. Consult a lawyer for advice.

Blockchain Technology

We may use blockchain to create time-stamped records of your trademark info for evidence. We record details on the Trademark File Help blockchain.

Your Acknowledgment

By using the Website and its services, you recognize that the information you provide might be permanently recorded in the Trademark File Help blockchain. Blockchain records are unerasable. However, these records don't guarantee immediate legal status or equivalence to USPTO registration.

Any malfunction or discontinuation of the Hyperledger Fabric protocol might impact you if you depend on blockchain-based trademark records.

Trademark Monitoring Services

Our service monitors new applications aligning with your marks in the USPTO's Official Gazette and Trademark File Help, LLC.

Subscription and Auto-Renewals

For subscription services, the following terms apply:

Your service license is active during your Subscription Term when payments are settled. Pay all subscription-related charges, including taxes, to maintain your Subscription Term. It auto-renews, charging your credit card for the next Term. Charges occur even if you don't use the service during the Term. FEES ARE YOUR RESPONSIBILITY UNTIL CANCELLATION OR TERMINATION.

Monthly renewals on the 29th-31st move to the last day for shorter months. Renewal matches the original price, unless specified otherwise.

Promotional trials incur a $1 charge. After the trial, your subscription renews and charges apply.

We might cease subscriptions and refund fees. We may increase fees with 30 days’ notice. Cancel before the increase.

If your payment fails, you have three days to update. After that, service may suspend. We might retry billing up to five times over 30 days. Card updates resume billing.

Cancel by contacting us. Access remains until the Subscription Term ends. After termination, access to your account and Services might be restricted.

Logo Creation Services

We offer logo design services on our Website. Once payment is made and logo specifications are given, our designers craft a unique logo based on your instructions and package choice. You'll receive Initial Design Samples for your consideration, where you can approve, request revisions, or seek a refund. Revisions are free as long as they align with your original specs. The number of revisions depends on your package. Turnaround for a revision is 1-2 business days. Once you accept a design, whether from the Initial Design Sample or after revisions, you'll get the Final Distribution.

Upon Final Distribution, you gain ownership. We retain the right to use the logo for portfolios and promotional materials. However, for full intellectual property rights, register the logo with the appropriate agency. Incomplete transactions result in us retaining rights.

For a refund, request before receiving Initial Design Samples or within 72 hours of receipt, before requesting changes. No refund if you request revisions. No refund after 72 hours or due to a breach.

Despite terms, we may impose design fees on refunds and approve or deny on a case-by-case basis. If the design is defective, not as shown, and not due to a delivery error, you can claim a refund.

New Services/Features

Occasionally, new services/features will be offered, subject to these terms.

Warranty Disclaimers and Liability Limits

We provide the Website and services "as is", with no guarantees. We and affiliates disclaim warranties that the Website is merchantable, accurate, timely, or fit for purpose. No guarantee of error-free, uninterrupted access.

Your solution for disputes is to stop using the Website. We and affiliates aren't liable for indirect, special, or consequential damages from using or inability to use the Website. This includes lost profits, data, goodwill, and more.

For legal reasons, you waive certain claims.
Indemnification

You agree to protect, reimburse, and exempt us, along with our officers, directors, representatives, staff, and agents, as well as our parent companies, affiliates, and related entities, from all claims, damages, liabilities, losses, debts, costs, and expenses (including reasonable attorney's fees) that arise from: (i) violating these Terms of Service; (ii) infringing upon third-party rights, including copyrights, property rights, privacy rights, or any intellectual property rights; or (iii) any claim that your User-Generated Content causes harm to a third party.

Dispute Resolution

In this section, "Trademark File Help," "you," and "us" include subsidiaries, affiliates, agents, employees, business partners, predecessors, successors, assigns, and authorized/unauthorized users or beneficiaries of services/products under these Terms or prior agreements.

A Dispute is any issue between you and Trademark File Help, LLC that arises from this Agreement, Site/Service use, or your relationship. Disputes' arbitrability is determined by the Federal Arbitration Act, not state laws. For non-arbitration interpretation, Texas law applies.

Arbitration. Disputes must be resolved via binding individual arbitration through the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration is governed by the Federal Arbitration Act (9 U.S.C. 1-16).

ARBITRATION IS MANDATORY. LITIGATION THROUGH A COURT IS NOT ALLOWED. IN ARBITRATION, NO JURY TRIAL OR DISCOVERY, EXCEPT AS IN AAA CODE OF PROCEDURE.

The arbitrator decides scope, interpretation, enforceability, validity. Judgment on award is court-entered. This survives Agreement termination or party bankruptcy. If part's invalid, others remain.

NO CLASS ACTION, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. Opt out within 30 days to avoid arbitration/class action waiver.

Arbitration will be under AAA Commercial Arbitration Rules. For disputes $75,000 or less, Supplementary Procedures for Consumer-Related Disputes apply. On such disputes, we pay fees. Arbitration in your or Harris County, Texas, US. Telephonic hearing for $10,000 or less. Arbitrator awards damages like court. Declaratory/injunctive relief for your claim only. We can ask arbitrator for costs.

If not arbitrated or court-compelled, Dispute goes to court in Harris County, Texas.

Export Control

Services use must comply with US export laws and others. You agree to follow rules and obtain required licenses.

Intellectual Property

We retain intellectual property rights for the Website, including trademarks, copyrights, and trade secrets. You have limited rights to use the Website, but no license is granted under our intellectual property rights. You may print some Website pages for personal use.

Ownership of Content

We maintain full ownership, to the furthest extent possible, of all content on the Website, including text, software, graphics, photos, sounds, interactive elements, and trademarks ("Marks"), unless the Marks belong to Merchants who shared them with us for the Website's use. These Marks are owned or licensed by us, following copyright and intellectual property laws of the United States, your jurisdiction, and international agreements. The content provided by us on the Website is given to you "AS IS" for your personal use only and must not be used, copied, modified, distributed, sold, licensed, or exploited for other purposes without prior written consent from the rightful owners. We reserve ungranted rights to the Website content.

Your Intellectual Property

Your copyrighted materials and trademarks in User-Generated Content (UGC) you post on the Website remain your intellectual property. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, global license, with sublicensing rights, to reproduce, create derivative works, distribute, perform, and display your UGC in any form or medium, now or later developed, and exploit your intellectual property rights related to the UGC in any manner we see fit.

Copyright Notification

To report copyright infringement, follow the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) and contact us with required details.

Entire Agreement

This Agreement, along with the Privacy Policy, encompasses the entire agreement between the parties. Waivers do not extend to past or future breaches.

Modifications to the Agreement

We reserve the right to modify these terms and/or our Privacy Policy as needed, which may include adding fees. We may notify you of substantial changes by email or on the Website. Changes are effective when noticed.

Authorization

By ordering, you allow us to be listed as a recipient of USPTO correspondence related to your trademarks, aiding in services like monitoring and calendaring.

Refund Policy

We aim to satisfy customers and address concerns. If unsatisfied, contact us for a 100% refund. We rectify errors in your filing at no extra cost.

Please note, only Trademark File Help fees are refundable. Government fees are non-refundable. Refund requests must be made within 60 days of purchase. Refunds are issued in the original form of payment.

Miscellaneous

We may limit product/service sales on a case-by-case basis. Product descriptions/prices are subject to change. We can discontinue products. Offers void where prohibited.

Section headings hold no legal weight. Invalidity of one provision doesn't affect others. No third-party beneficiaries. You can't assign this Agreement without our consent.