Terms and Conditions

By continuing forward with the Defence Trademark website (the “Website”), you agree to all of the following terms and conditions as a binding agreement Defence Trademark, LLC (referred to as “we”, “us” or “our”). This Agreement also incorporates our Privacy Policy, as outlined in detail herein. If you do not agree to these terms and conditions, please refrain from using the Website.

We are the providers of general information and updates related to and concerning trademarks, and we provide a website that allows you to prepare and file trademarks. We are not a legal entity. We do not provide, and are not qualified to provide, you with legal advice.

THIS AGREEMENT BELOW IS INCLUSIVE OF A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.

THE CONDITIONS FOR THE USE OF OUR WEBSITE

• You are allowed to use this Website on the precondition that you agree 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;
• Will strictly not allow any other personnel to access this Website utilizing your User ID;
• You are solely and individually responsible for your User ID and all of the activity that takes place through your User ID;
• Will not utilize 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 of the other users, or to solicit 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 restricted to discussion posts, your biodata, external links, videos, and photographs including the ownership of any licenses or rights necessary to use the content creations of others and will not submit any copyrighted materials or work subject to other's proprietary rights;
• Allow the Website and other users a non-exclusive license to read your materials and to use, reproduce, distribute, prepare derivative works of, and/or display any materials provided by you;
• And agree that we have the complete authority to remove any and/or all of your content and suspend your account with or without any prior notification.

YOUR ACCOUNT PROFILE

To be granted access to certain sections of the Website, we might oblige you to create an account and/or profile. All of the information provided by you must be accurate, true, and non-falsified, and you agree to maintain said information frequently updated. Any individual whose privilege to use the Website was previously revoked by the executive authority is not allowed to register for another profile or account, nor can they use someone else's profile or account to use the site or create an account on their behalf.

Because the communal sharing and collusion of User IDs is strictly not allowed, we shall presume that the log-ins to the Website through your User ID are being performed by you. Regardless of the circumstances, you stand wholly responsible for any access to the Website by individuals using your User ID. If you believe your User ID is being maliciously used without your informed authorization, notify us immediately to have us on board at info@defencetrademark.com.

YOUR CONTENT

We hold the complete rights to authorize the publishing of various contents provided by you (hereinafter “User Generated Content or UGC”). You abide by this agreement to not post or use any UGC in any way that:

Infringes upon the copyright, trademark, trade secret, or other cognitive property or proprietary rights of others;

Exploits the privacy, publicity, legal, or other rights of third parties;

Is against the law, untrue, not accurate, 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 in any other format inappropriate, as decided by us in our sole discretion; or

Is capable of damaging or harming the reputation of our company, parent company, sister companies, affiliates, advertisers, merchants, or other parties.

We are not required in any way to withdraw any UGC that may violate one or more of these limitations. We may, but are not committed to, remove any UGC in violations of these terms, terminate user accounts or take other actions. We are not to be held accountable for any loss caused to you by UGC.

YOUR CONDUCT

By using the Website, you agree not to:

Initiate or participate in the promotion of any illegal activities;

Make any attempts to reverse engineer or intrude in any way with the operation of the Website or otherwise endeavor to derive the source code of the software (including the tools, methods, processes, and infrastructure);

Device schemes to gain access to codified portions of the Website;

Use the Website to generate unsolicited email marketing schemes or spamming.

Use any automated or manual process to surf or unearth codified data from the Website;

Interfere in any way with the regular operation of the Website; or

Masquerade as another user.

LINKS TO OTHER SITES

We may (or may not) have associations with third-party websites that are not possessed, regulated, or operated by us. We do not presume any responsibility for the content, privacy policies, or practices of any other websites or their owners. Do not suppose that we are advertising or advocating for any other websites, products, or services based on the mere integration of a link to another website.

TERMINATION

We hold the complete authority to make adjustments to, or terminate the Website or any of the services furnished herein at any time without prior notice. We also hold the right to terminate this Agreement at our election and for any reason, without prior notice. This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions drafted below. A termination will result in the immediate suspension of access to the Website. The Disclaimers of Warranty and Limitation of Liability, Indemnity, Dispute Resolution sections, and all terms and conditions related to your Content shall survive the termination of this Agreement.

DISPLAY OF DATA AND SEARCH

We are dependent upon State records and may exhibit them on this website. While we continually attempt to make use of the latest information available, we cannot guarantee its accuracy, reliability, or timeliness.

CALENDAR REMINDERS

As a significant segment of our services, we may offer reminders or notifications about upcoming and fast-approaching deadlines that may apply to your trademark. These notifications are only for informational purposes and are the general standards applicable to most trademarks. It is advised that you consult a licensed attorney regarding applicable deadlines to your particular situation, as individualized situations have guidelines more specific than general ones. Please do not presume that the automated notifications are legal frameworks. We do not offer any form of legal advice or legal interpretation on specific situations.

CREATION OF FORMS AND DISCLAIMER

Please comprehend the distinction: We are a technology platform that aids in the creation of forms and not a legal entity or legal service provider. If you purchase one or more packages that are inclusive of cease and desist, assignment of trademark letters, or other forms, you will be eligible for a form document that is inclusive of the information provided by you or from your uploaded files. We are not a legal alternative, making us ineligible to provide you with legal suggestions. Our customer service representatives are not required to answer any of your legal queries, nor will they entertain any law-related conversations. Any information transmissions between you and our customer service representatives are not monitored, and thus, you should refrain from sharing any confidential information with them. We assist in the preparation of your trademark application, but cannot file it for you as your counsel of record. We are not responsible for providing you with any legal advice related to your particular trademark.

We may voluntarily, but are required to review the data you provide us with for completeness, fraud, or administrative errors. Under no specified instances are we responsible for reviewing your provided answers for legal accuracy, legal counsel, advice, or opinions. We do not review your data for any legal purposes, nor do we provide legal recommendations about legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular case.

If you are under the assumption that you have received any legal assistance or consultancy from us, you will not make your purchase. You accept and understand that your purchase, download, or usage of a form document is not a legal action and is devoid of any legal advice. Additionally, you accept and understand that each form and all applicable instructions or guiding texts are not designed to meet your individual needs.

KINDLY NOTE THAT WE RETAIN YOUR CREDIT CARD DATA TO BE ABLE 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 COST OF THE FILING FEE BROUGHT TO YOUR COGNIZANCE BEFORE BEING FILED.

We provide you with a draft of the application for your review. If you do not respond with timeliness, you authorize us to sign your name to the application, file it as provided in the draft, and collect from you the governmental filing fee.

SEARCH SERVICES

If you utilize our search services, we use commercially and professionally reasonable methods to identify marks that may be similar to the ones you seek to use. We, however, cannot guarantee that your mark will make it through and be approved, even if you use our search services. There may be a number of reasons the USPTO rejects your mark, and there are circumstances where an automated search may not be able to identify a mark the USPTO qualifies as a reason for rejection.

Similarly, when your order is inclusive of common law mark searches, we use commercially justifiable methods to identify marks that may be an equal match to the ones you seek to use. We, however, do not guarantee that your mark will be free of or prevail over all claims or challenges made by holders of common law rights to all marks. There are some instances where an automated search may not be able to identify a regular law mark that may be similar to your mark.

The search report aims to provide you with the necessary marks to satisfy the parameters identified for the specific kind of search you use. It is not designed to be a legal framework or legal advice as to whether your proposed mark will be dismissed, or whether it would be considered as another mark. You may want to seek the counsel of an attorney regarding the outcomes of the search report we furnish you.

Our Defence Trademark, LLC federal trademark search reviews the USPTO database and is restricted to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design.

Our Defence Trademark, LLC federal, government, and common law search reviews the USPTO database, the databases of all 50 states, a business registry, and the database of domain names. It is limited to only direct matches, phonetically similar, translated equivalents, or designs that appear similar.

Our Defence Trademark, LLC global search reviews the USPTO database, the databases of all 50 states, a business registry, the database of domain names, the World Intellectual Property Organization (“WIPO”) database, and the European Community database. It is restricted to direct matches, phonetically similar, or appearance by way of design.

TRADEMARK MONITORING SERVICES

Our trademark monitoring services assess the filing of new applications that are direct matches, phonetically similar, similar in terms of translation, or appearance by way of design to your marks as published in the Official Gazette of the USPTO and Defence Trademark, LLC.

DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY

WE PROVIDE THE WEBSITE AND RELATED SERVICES AS IS, WHERE IS, AND AS AVAILABLE." WE UNDERTAKE NO EXPRESS AND/OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE WEBSITE, THE GOODS AND SERVICES DESCRIBED THEREIN, 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 IN NO FORM GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION, OR AVAILABLE 24/7. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.

YOUR SOLE AND CUSTOMIZED SOLUTION FOR ANY DISPUTE OR CLAIM WITH US IS TO HALT USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO MARKET HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. 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, EVEN IF WE KNEW OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT PERMIT THE DISTINGUISHING OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, 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.

In connection with the ongoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor 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 blameless us, our officers, directors, representatives, employees, and agents and all of our parent companies, affiliates, related companies, merchants, and their executives, officers, directors, representatives, employees and agents from and against any claims, damages, obligations, losses, liabilities, costs or debt, legal obligations, and expenses (including, but not limited to, reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without restriction any copyright, property, privacy right, or any incorporeal or intellectual property rights; or (iii) any claim that any of your UGC causes harm to a third party.

Dispute Resolution

For this Section, all references to Defence Trademark, you, and us are inclusive of our respective 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.

In this Agreement, Dispute is described as any dispute, claim or controversy between you and Defence Trademark, LLC, its members, officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Site or Service, or otherwise regarding any aspect of your relationship with Defence Trademark that has accrued or may thereafter accrue, whether based in 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 unproductiveness of any Disputes is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive and significant law of any Disputes, to the optimal extent authorized by law, the laws of the State of California govern the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, notwithstanding clashes of laws and principles.

Arbitration. Any Dispute shall be CONCLUSIVELY and EXCLUSIVELY solved by binding individual arbitration conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This arbitration agreement is made under a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).

ARBITRATION OF YOUR CLAIM IS COMPULSORY AND IRREVOCABLE. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

All regulations as to the scope, interpretation, enforceability, applicability, and validity of this Agreement shall be made final solely by the arbitrator, whose award shall be contractually binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of this arbitration provision is declared void, invalid, or unenforceable, the remaining sections shall remain enforceable.

NO CLASS ACTION, OR OTHER 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 ALLOWABLE.

THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU ARE REQUIRED TO NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE E-MAILED TO Defence Trademark, LLC, info@defencetrademark.com WITH THE SUBJECT LINE OPT-OUT AND INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.

Any arbitration will be administered by the AAA under its Commercial Arbitration Rules. If the value of the dispute is $75,000 or less, its Supplementary Procedures for Consumer-Related Disputes shall also be applicable. On disputes involving $75,000 or less, we will punctually reimburse your filing fees and pay the AAA's and arbitrator's fees and expenses. You agree to start arbitration only in your county of permanent residence or in California, US. We agree to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your claim. Nothing herein restricts Defence Trademark, LLC from demanding the arbitrator to award Defence Trademark, LLC all costs of the arbitration, including any Administrative Fees paid on your behalf.

If the Dispute is not arbitrated by the choice of the parties or a court does not compel arbitration if either party elects to arbitrate for whatever reason, the Dispute will be decided by a court without any right by either party to a trial by jury. Any such court proceeding, including any efforts to compel arbitration or initially filed lawsuits that arise out of or relate to this Agreement or use of the Sites, shall be resolved exclusively by a court of competent jurisdiction located within California.

Intellectual Property

We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind affiliated with the Website, inclusive of all applicable trademarks, copyrights, and other proprietary rights such as trade secrets. Through the use of this Website under this Agreement, you have a privileged and restricted right to use the Website, but by no means are we granting any license to you under any of those intellectual property rights. We hold all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Website for your personal use.

We retain, to the highest lengths possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (Marks) unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the dominion where you reside, and international conventions. All content on the Website provided by us is provided to you “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 for any other purposes whatsoever without the prior written and drafted consent of the respective owners. We reserve all rights not expressly granted in and to the Website.

You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub licensees, 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 such rights, under any of your intellectual property rights related to the UGC in any manner decided by us.

Copyright Notice

If you believe we have infringed on your copyrights, please submit a notification under the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3) in writing to or to the copyright agent on file with the U.S. Copyright Office with the copyright notice. Your notice needs to include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is reportedly contravened;
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 material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have affable sense of faith and belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Entire Agreement

This Agreement, including the Privacy Policy, constitutes the entire agreement of the parties concerning the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or ensuing breach or default.

Modifications to the Agreement

We reserve the right at all times to discontinue or alter any of these terms and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the addition of certain fees or charges. We may, but are not necessarily obligated to, notify you via email of any substantial changes, by sending you an email to the e-mail address that is registered with your account and/or by posting notice of the change on the Website. Any changes to this Agreement will be effective upon the advancement of our transmittal of an e-mail notice to you or our posting of notice of the changes on our Website. We suggest you, therefore, re-read this section of our Website from time to time to stay informed of any such changes. Use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.

Authorization

By submitting an order, you acknowledge that you are giving us the authority to list ourselves, along with you, as a recipient of correspondence from the USPTO related to your trademarks. You may alter this at any time, but including us allows us to better serve you and may prevent us from providing certain services, such as monitoring and calendaring.

Refund Policy

The Defence Trademark strives to meet the trademark needs of our customers in a professional, cordial, and effective manner. We want every single customer to be 100% satisfied, so we will work with any customer who has any questions or concerns about their filings. Our customer service team is made up of dedicated and courteous trademark representatives with one goal - to meet each client's needs in a friendly, caring, and efficient manner. If you do not think we have met this goal, let us know, and we will be happy to make every effort to resolve the issues to your satisfaction. You can send us an email at info@defencetrademark.com or call us toll free at +1 (833) 253-6296

If we make any mistakes in your filing, we will do our level best to admit it and make the necessary improvements needed to fix the correction as soon as we can at no additional cost to you. Please note the Defence Trademark fees and all government levied fees involved in your filing services are non-refundable. The USPTO may experience delays or deny your application without any fault of the Defence Trademark. These issues are beyond our control and will not be the basis for a refund.

If you decide that you want a refund, all such requests must be submitted before the initial trademark search clearance report is conducted. Your refund will be issued in the same form that it was received. For example, if the payment to Defence Trademark, LLC was made by credit card, then the refund will be issued to the same credit card used to make the payment. However, if you choose, you may request to receive a credit for future Defence Trademark, LLC purchases/payments instead of a refund.

Miscellaneous

We hold the total rights, but are not obligated, to restrict the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We maintain the right to discontinue any product at any time without any prior notice. Any offer for any product or service made on this site is nullified where prohibited.

The section headings used herein are for the sake of convenience only and shall be of no legal force or effect. If a court with proper authority finds any part of this Agreement to be invalid, that invalidity will not affect the enforceability of the other provisions. The remaining parts of this Agreement will continue to be in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.