WWW.TRAMARKIFY.COM

TERMS OF USE

Please read these terms of use carefully before using this site.

Tramarkify.com (the “Site”) serves as an informational and educational platform designed to assist small businesses and other enterprises in protecting their brands through various methods. By using this Site, you agree to adhere to and be bound by these Terms of Use and to comply with all applicable laws and regulations. It is your responsibility to review these Terms of Use periodically. If you find any of the terms unacceptable at any time, please refrain from using the Site.

You agree that by using this service you are at least 18 years of age and you are legally able to enter into a contract.

Please also refer to our Privacy Policy, which is incorporated by reference herein.

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

Conditions to Use our Website

Your permission to use the Website is conditioned upon your agreement that you: 

  • Will comply with these Terms of Service; 
  • Are 18 years of age or older; 
  • Will not use the Website in a manner that violates the laws of the United States, including, but not limited to, its export and re-export laws. 
  • Will not copy or distribute any part of the Website in any manner without our prior written consent; 
  • Will provide accurate information when creating an account, submitting content, or registering for our Website; 
  • Will not allow others to use the Website under your User ID; 
  • Are solely responsible for your User ID and the activity that occurs through your User ID; 
  • Will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers; 
  • Are solely responsible for any content provided by you on the Website, including but not limited to any discussion posts, profile information, links, videos, and pictures, including the ownership of any licenses or rights necessary to use the work of others and will not submit any copyrighted materials or work subject to other’s proprietary rights; 
  • Grant 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 right to remove any and/or all of your content and terminate your account with or without prior notice. 

Account/Profile

To access certain features of the Website, you may need to create an account and/or profile. You agree to provide accurate information and to keep this information current. Individuals whose access to the Website has been previously terminated are not permitted to register for a new profile or account, nor use another person’s profile or account to access the Website or create an account on your behalf. Since sharing User IDs is prohibited, we assume that any access to the Website using your User ID is by you. You are solely responsible for all activity that occurs through your User ID. If you suspect that your User ID is being used without your authorization, please notify us immediately at contact@tramarkify.com.

We reserve the right to review and authorize the publication of various content provided by you (referred to as “User Generated Content” or UGC). You agree not to post or use any UGC in a manner that:

– Infringes on the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others;

– Violates the privacy, publicity, or other rights of third parties;

– Is unlawful, false, inaccurate, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages behavior that could be deemed a criminal offense, lead to civil liability, violate any law, or is otherwise deemed inappropriate at our sole discretion;

– Could damage our company, its parent company, sister companies, affiliates, advertisers, or any other parties.

While we are not obligated to remove UGC that violates these terms, we may, at our discretion, remove any UGC that breaches these guidelines, terminate user accounts, or take other appropriate actions. We are not liable for any harm caused to you by UGC.

Your Conduct

By using the Website, you agree not to:

  • Engage in or promote any illegal activities;
  • Attempt to reverse engineer, disrupt, or otherwise interfere with the Website’s operation or derive its source code (including tools, methods, processes, and infrastructure);
  • Attempt to access restricted areas of the Website;
  • Use the Website to send unsolicited emails or spam;
  • Employ any automated or manual processes to extract information from the Website;
  • Disrupt the proper functioning of the Website;
  • Impersonate any other user.

Links to Other Sites/Third Party

Our Website may contain links to third-party websites that are not owned, controlled, or operated by us. We do not take responsibility for the content, privacy policies, or practices of these external sites or their owners. The inclusion of a link does not constitute an endorsement or recommendation of the linked website, its products, or its services.

Termination

We reserve the right to modify or discontinue the Website or any of its services at any time without prior notice. Additionally, we may terminate this Agreement at our discretion and for any reason without prior notice. If you violate any of the terms and conditions outlined in this Agreement, it will terminate automatically at our sole discretion, resulting in immediate loss of access to the Website. The sections regarding Disclaimers of Warranty and Limitation of Liability, Indemnity, Dispute Resolution, and any terms related to your Content will continue to be effective after the termination of this Agreement.

Display of data and Search

We rely on government records and may display this information on our website. Although we strive to use the most current data available, we cannot guarantee its accuracy or timeliness.

Reminders

As part of our services, we may provide reminders or notifications about certain deadlines related to your trademark. These notifications are intended for informational purposes and reflect general standards applicable to most trademarks. Your individual circumstances may differ from these general guidelines, so we recommend consulting a licensed attorney for advice tailored to your specific situation. Please note that we do not offer legal advice, and automated notifications should not be interpreted as legal advice or specific legal interpretations.

Creation of Forms and Disclaimer

We are a technology platform that assists with creating forms but are not a law firm or legal service provider. When you purchase a package that includes documents such as cease and desist letters, assignment of trademark letters, or other forms, you will receive a form document that incorporates the information you provide or from your files.

We do not act as a substitute for an attorney and cannot offer legal advice. Our customer service representatives are not authorized to answer legal questions. Since there is no attorney-client relationship, communications with our customer service team are not privileged, and you should avoid sharing confidential information with them. While we can help you prepare your trademark application, we cannot file it for you or act as your legal counsel. We do not provide legal advice regarding your trademark.

We may review the information you provide for completeness, inconsistencies, or administrative errors, but we do not assess the legal sufficiency of your responses, make legal conclusions, or provide legal advice, opinions, or recommendations. If you believe you have received legal services or advice from us, please be aware that this is not the case. Your purchase, download, and/or use of a form document does not constitute legal advice or the practice of law. Each form and any associated instructions are not customized to your specific needs by us.

Please Note: We retain your credit card information solely to pay the governmental filing fee associated with your order. We will only process this payment after you approve the application and are informed of the filing fee cost.

Search Services

If you use our search services, we employ commercially reasonable methods to identify marks that may be similar to the ones you wish to use. However, we cannot guarantee that your mark will be approved even if you utilize our search services. The USPTO (United States Patent and Trademark Office) may reject your mark for various reasons, and automated searches might not always identify marks that the USPTO could use as grounds for rejection. Similarly, when your order includes common law mark searches, we use commercially reasonable methods to identify marks that may be similar to those you are considering. However, we cannot guarantee that your mark will be free from claims or challenges by holders of common law rights to similar marks. Automated searches might not always detect common law marks that could be similar to yours. The search report is intended to provide you with information on marks that meet the criteria of the search type you requested. It is not legal advice on whether your proposed mark will be rejected or if it might be considered similar to another mark. We recommend consulting an attorney regarding the results of the search report we provide.

Our Tramarkify Business LLC federal trademark search reviews the USPTO database and is limited to direct matches, phonetically similar marks, and marks similar in terms of translation or design appearance.

Our Tramarkify Business LLC federal, state, and common law search reviews the USPTO database, databases of all 50 states, a business registry, and domain name databases. It is limited to direct matches, phonetically similar marks, and marks similar in terms of translation or design appearance.

Our Tramarkify Business LLC global search reviews the USPTO database, databases of all 50 states, a business registry, domain name databases, the World Intellectual Property Organization (WIPO) database, and the European Community database. It is limited to direct matches, phonetically similar marks, and marks similar in terms of design appearance.

Trademark Monitoring Services

Our trademark monitoring service examines new applications for direct matches, phonetic similarities, and similar translations or designs to your marks as published in the Official Gazette of the USPTO and Tramarkify Business LLC.

Third-Party Legal Services 

Legal services from third-party attorneys referenced on our Website are provided by attorneys who have been duly on boarded by Tramarkify Business LLC.

Subscription and Auto-Renewals 

If you subscribe to one or more services through our Website, the following terms apply:

1. Subscription Validity: Your license to the Services remains valid as long as your subscription is active and payments are up-to-date. To keep your subscription valid, you must pay all related charges, including taxes and fees. Subscriptions are set to auto-renew, and you will be billed at the start of each new term using the credit card you provided. Charges apply regardless of your usage during the subscription period. You are responsible for subscription fees until you cancel or terminate your subscription.

2.  Renewal and Billing: For month-to-month subscriptions, if your purchase date is on the 29th, 30th, or 31st, renewals will occur on the last day of months with fewer days. The renewal price will match your initial subscription cost unless stated otherwise.

3. Trial Memberships: Promotional trials may require a $1 charge to verify payment details. At the end of a trial, unless otherwise specified or canceled, your subscription will automatically renew and be charged to your credit card. No notice will be provided when the trial ends.

4. Subscription Changes: We may discontinue subscriptions and cease billing. We can also terminate your subscription at our discretion, offering a pro-rated refund if applicable. Subscription fees or terms may increase with 30 days’ notice. You can cancel before the increase takes effect. If you do not cancel, you will be charged the new rate.

5. Payment Issues: If payment fails at renewal, you have three business days to provide updated payment information. Failure to update may result in service suspension or termination. We may attempt to bill your card multiple times or in smaller amounts if needed. We reserve the right to suspend or not reactivate your subscription until all overdue amounts are settled.

6. Cancellation: To cancel your subscription, contact us at contact@tramarkify.com After cancellation, your subscription will remain active until the end of the current term. Post-termination, access to your account and services may be restricted.

New Services/Features/Technologies/Additional Features

Every day we get new features we may offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

Disclaimers of Warranty and Limitations of Liability

The Website and its related services are provided “as is,” “where is,” and “as available.” We make no express or implied warranties regarding the Website, its content, or any services offered. To the fullest extent permitted by law, we, including our officers, directors, agents, vendors, and advertisers, disclaim all warranties, express or implied, including but not limited to warranties of merchantability, accuracy, timeliness, or fitness for a particular purpose.

We do not guarantee that the Website will meet your needs or that our services will be error-free, accurate, reliable, uninterrupted, or available at all times. We also do not guarantee access to the Website at any specific times or locations.

Your sole remedy for any disputes or claims related to the Website is to stop using it. We, our affiliates, officers, directors, agents, vendors, and advertisers are not liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of or inability to use the Website. This includes, but is not limited to, lost profits, lost data, loss of goodwill, work stoppage, or damage to equipment. Such exclusions apply even if we were aware of the possibility of these damages. If any jurisdiction does not permit such exclusions or limitations, our liability will be limited to the maximum extent allowed by law.

You waive California Civil Code Section 1542 (or any similar provision in other jurisdictions), 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 harmless us, our affiliates, parent companies, subsidiaries, and their respective officers, directors, employees, agents, and representatives (collectively, the “Indemnitees”) from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and court costs) arising out of or related to:

1. Your Use of the Website: Any violation or alleged violation of these Terms of Service by you.

2. Third-Party Rights: Any infringement or alleged infringement of third-party rights, including but not limited to copyright, trademark, property, privacy, or any other intellectual property or proprietary rights.

3. User-Generated Content: Any claim or allegation that your User-Generated Content (UGC) causes damage, harm, or loss to a third party.

4. Legal Obligations: Any breach of applicable laws, regulations, or third-party agreements in connection with your use of the Website or Services.

This indemnification obligation will survive the termination of these Terms of Service and your use of the Website.

Dispute Resolution

For the purposes of this Section, references to “Tramarkify,” “you,” and “us” include 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 defined as any dispute, claim, or controversy between you and Tramarkify Business LLC, its members, officers, directors, agents, parent companies, and vendors that arises out of or relates to this Agreement or your use of the Site or Service, or any aspect of your relationship with Tramarkify, whether based in contract, statute (including consumer protection statutes), regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.

The arbitrability of any Dispute is governed by the Federal Arbitration Act and not by any state laws applicable to arbitrations. The substantive law governing any Dispute, to the maximum extent permitted by law, will be the laws of the State of Texas, regardless of conflict of laws principles.

Arbitration: Any Dispute shall be resolved exclusively through binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to 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 mandatory and binding. neither party will have the right to litigate that claim in court. in arbitration, neither party will have the right to a jury trial or to engage in discovery, except as provided in the aaa code of procedure.

All determinations regarding the scope, interpretation, enforceability, and validity of this Agreement shall be made exclusively by the arbitrator, whose award will be binding and final. Judgment on the arbitration award may be entered in any court with appropriate jurisdiction. This arbitration provision will survive: (i) the termination of the Agreement; or (ii) the bankruptcy of any party. If any part of this arbitration provision is deemed invalid or unenforceable, the remaining parts will still apply.

No class actions or other representative actions, private attorney general actions, or consolidation of claims with claims of other persons or classes of claimants shall be allowed.

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER:

If you do not wish to be bound by the binding arbitration and class action waiver in this Section, you must notify us in writing within 30 days of accepting this Agreement. Your written notification must be emailed to Tramarkify Business LLC with the subject line “OPT-OUT” and include: (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with us through arbitration.

Any arbitration will be conducted 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 will also apply. For disputes involving $75,000 or less, we will promptly reimburse your filing fees and cover the AAA’s and arbitrator’s fees and expenses. You agree to commence arbitration only in your county of residence or in Harris County, Texas. We agree to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing according to AAA rules. In disputes involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause for an in-person hearing. The arbitrator may award the same damages as a court could and may grant declaratory or injunctive relief only to the extent necessary to satisfy your individual claim. Nothing in this section prohibits Tramarkify Business LLC from seeking to recover all costs of the arbitration, including Administrative Fees paid on your behalf.

If the Dispute is not arbitrated by mutual agreement or a court does not compel arbitration if either party opts to arbitrate, the Dispute will be resolved by a court without a jury trial. Any court proceedings related to this Agreement or use of the Sites shall be exclusively decided by a court of competent jurisdiction located in California and the same shall be exclusively decided by Tramarkify Business LLC.

Export Control

You may not access, download, use, or export the Services in violation of United States export laws, regulations, or any other applicable laws. You agree to comply with all relevant export laws, restrictions, and regulations imposed by any U.S. or foreign agency or authority, and to take sole responsibility for obtaining any necessary licenses for export or re-export.

Intellectual Property

We, or our licensors, retain all intellectual property rights associated with the Website, including trademarks, copyrights, and other proprietary rights such as trade secrets. Your use of the Website under this Agreement grants you a limited right to access and use the Website, but does not confer any license or ownership of these intellectual property rights. We reserve all rights not expressly granted to you.

You may print a limited number of pages from the Website for personal use only. All text, software, scripts, graphics, photos, sounds, interactive features, and trademarks, service marks, and logos (collectively referred to as “Marks”) are owned or licensed by us, except for those provided by Merchants for use on the Website. These Marks are protected by copyright and other intellectual property laws in the United States, the jurisdiction where you reside, and international conventions. Content on the Website is provided “AS IS” for your personal use and information. It may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without our prior written consent.

You retain ownership of any intellectual property rights in copyrighted materials and trademarks contained in User Generated Content (UGC) that you post to the Website. By posting UGC, 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, create derivative works, translate, distribute, publicly perform, publicly display, make, use, sell, import, offer for sale, and otherwise commercially exploit the UGC in any form or medium, whether now known or later developed.

Copyright Notice

If you believe that your copyrights have been infringed, please submit a written notification in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) to support@tramarkify.com or to the copyright agent on file with the U.S. Copyright Office with the subject line “Copyright Notice.” Your notification must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an email address.
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • 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 the exclusive right allegedly infringed.

Language

The original version of these Terms of Service (TOS) was written in English, and English will be the controlling language in all respects. You acknowledge that you have received this TOS and any related communications in English and consent to their receipt in this language. Any translation of this TOS or related documents into another language will have no legal or other effect. By accepting this TOS, you confirm that you have read and understood the documents provided in English.

Entire Agreement 

This Agreement, along with the Privacy Policy, represents the complete and exclusive agreement between the parties concerning its subject matter. No waiver by either party of any breach or default under this Agreement shall be considered a waiver of any preceding or subsequent breach or default.

Modifications to the Agreement

We reserve the right to discontinue or modify any of these terms and/or our Privacy Policy at our discretion. This may include, among other things, the introduction of new fees or charges. While we may notify you of significant changes via email to the address registered with your account and/or by posting a notice on the Website, we are not obligated to do so. Any modifications to this Agreement will take effect either upon our dispatch of an email notice or upon posting the notice on our Website, whichever occurs first. We recommend that you periodically review this section of our Website to stay informed of any changes. Your continued use of the Website after such notice will be deemed acceptance of the modifications.

Authorization

By submitting an order, you acknowledge that you are authorizing us to list ourselves, along with you, as a recipient of correspondence from the USPTO related to your trademarks. You may change 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

All payments made to us are non-refundable. Once a transaction is completed, you will not be entitled to a refund or credit for any reason. This policy applies to all services, products, and fees associated with your account.

If you have any questions or concerns about this policy, please contact us at support@tramarkify.com before completing your purchase.

SMS and Text Message Programs

Tramarkify Business LLC may offer some SMS/MMS text-based programs at its discretion. 

Overview

We may offer high-availability SMS communications to users of our site, targeting our customer base with relevant updates. Our employees send SMS messages through our dedicated short code to notify users about upcoming product launches, service and maintenance events, updates on their filing process, and other customer service information. All SMS communications are provided on an opt-in basis.

Privacy Policy

Tramarkify Business LLC understands the importance of privacy in our users’ lives. Learn more by visiting our Privacy Policy Page 

Miscellaneous

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. Product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer for products or services made on this site is void where prohibited. Section headings in this Agreement are for convenience only and have no legal effect. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the remaining provisions will continue to be enforceable and in full force. This Agreement does not confer any rights or benefits on third parties. You may not assign this Agreement or your rights and obligations under it, in whole or in part, to any third party without our prior written consent, and any such attempt will be invalid.

Disclaimer

The information provided on this website is for informational purposes only and should not be interpreted as legal advice. Using this website does not create an attorney-client relationship with Tramarkify Business LLC or its associated attorneys. Such a relationship can only be established after the Firm completes a conflict check and agrees to accept the engagement, followed by a written retainer agreement between you and the Firm.

Your use of this website is also governed by our Terms of Use and Privacy Policy.

© 2024  Tramarkify Business LLC.  All Rights Reserved