TERMS AND CONDITIONS FOR USE
This agreement controls and regulates the conditions for use of this website, Trademarkers.com (the “Site”).
This agreement was last modified on Aug, 2014. Trademarkers.com reserves the right to update it terms and conditions periodically. Use of this site will act as express consent that the user has read and understood the latest terms of this agreement. You agree that the Site will not be liable to you or any third-party for any modification or discontinuance of the Site.
These Terms constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.
ALL USERS SHOULD READ AND REVIEW THIS AGREEMENT BEFORE USING THIS WEBSITE. ANY PARTICIPATION OR USE OF THIS SITE WILL CONSTITUTE EXPRESS KNOWLEDGE AND ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
Trademarkers.com is a service provider bound by the following acceptable terms of conduct. Your right to use the site Trademarkers.com is governed by these terms and conditions (“Terms”) please carefully read these BEFORE using this site. In using this site you expressly agree that you will comply with these terms.
This site and all of its content are the sole property of Trademarkers.com and as such, are fully protected by international trademark, patent and copyright law, as well as all other intellectual proprietary laws.
These Terms represent the entire agreement between the User and Company and supersede any and all other agreements or terms verbal or written.
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site.
For all the intents and purposes of this "Agreement", the following definitions will apply:
“Attorney” is the lawyer or law firm in charge of the services requested by the “User” within the “Territory” and acting in the ordinary course of its business.
"User" is the “Titleholder” or his/her/its representative, identified as such by registration through the "Website". It is responsible for delivering all the information in each of the “Website” Service Application Forms. It is understood when the “User” is a representative that it is expressly authorized by the “Titleholder” to deliver this information to the “Company”. All communications will be exclusively held between the "Company" and the "User".
“Company” is Trademarkers.com, the corporation that provides the services of promoting and rendering of trademark registration, domain name registration, company formation and registration, and other related services.
“Contracting Parties” are the “User” and the “Company.” The “Company” is responsible for all services requested by the “User”.
“Charge” is the amount of money in the specified currency for each case, that the “User” must pay to the “Company” in order to receive the contracted service.
“Power of Attorney” is a written authorization issued according to the corresponding legal requirements of each "Territory" that the “User” delivers to the “Company” and the “Attorney” in order for them to perform all the necessary actions required to apply for a Trademark or to Create a Company (Incorporation) on behalf of the "Titleholder."
“Domain Registry” is the organization in charge of administering top-level Domain Names. These top-level domain names are classified as generic domain names (gTLDs or Generic Top Level Domain, like .com, .org, .net, etc.) and domain names that identify a country code (ccTLDs or country code Top Level Domain Names, like com.ar, .es, .com.br, .cl, etc.).
“Service Request“ is the form that the “User” must fill out through the “Website” with the data therein required by the “Company” and by the “Attorney” to render a specified service.
“Specific Contract“ is the agreement whereby the “Company” pledges to perform the services requested by the “User” through the "Website" for a specific "Service Request". The ”User” in turn commits to deliver all the information therein required together with the payment of the “Charge” for the requested service.
“Titleholder” is the owner of the Trademark, Domain Name, or Company that wishes to register and that identifies him-/her-/itself as such in the Registration Request for Trademark, Domain Name, Company Formation Service or related services. The “Titleholder” may be a natural or legal person and act by him-/her-/itself or through his/her/its representative.
"Trademarks Office" is the Governmental Authority of the country where the “Attorney” requests and files the trademark registration.
“Companies Register” or "Registrar of Companies" is the Governmental Authority of the country/state/province where the “Attorney” requests and files the company creation.
“Website” is the internet site www.TRADEMARKERS.com, in which services related to the Registration of Trademarks, Domain Names and Company Formation Services are offered.
“Territory”, refers to a country jurisdiction or other territorial organizations in which the "Attorney" will exclusively render the services requested by the "User".
II. GENERAL RULES
The trademarks and logos used in the “Website” are protected by the standing rules and regulations on Industrial and Intellectual Property and may not be used in any way whatsoever by third parties without the authorization of their owner.
All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, and TRADEMARKERS reserves all rights not expressly granted hereunder. TRADEMARKERS expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
TRADEMARKERS is only liable for rendering the services for which it has been contracted for through the “Website” which includes by definition telephone and fax orders.
It is understood that the “User,” by virtue of accessing the “Website,” or using its services, expressly waives any indemnification, claim or right that it may have against the “Company” and its representatives.
Under no circumstance will the “Company,” its “Attorneys” and/or employees be responsible for any damages that the “User” may incur while using the “Website” or any link to the site, except when expressly provided to the contrary. The extent of this liability clause is applicable to damages of any nature, including, but not limited to, the loss of data and programs, losses in results, losses or interruptions of businesses, and third party claims.
In spite of the efforts made by the “Company” the information delivered through the “Website” may contain typographical or data errors which will be rectified immediately upon detection. The “User” takes upon all responsibilities and risks for the use of the “Website” and for the information obtained therein.
The “Company” and the “Attorney” take upon no responsibility in the event that a Trademark, Patent, Domain Name or Company Formation is not granted. The “User” accepts that any objection, opposition, or rejection, or any other situation that prevents the further processing of the registration request, is not the responsibility of the “Company” its directors, employees, and/or "Attorneys" and hereby waives any indemnification.
All the actions taken by the “Company” and the “Attorney” will be performed according to the information delivered by the “User.” To such effect, the “Company” and the “Attorney” will not accept any responsibility if such information infringes any third party rights or contains errors and/or omissions. The “User” is absolutely responsible for the data delivered in any "Service Request" available on the “Website,” whether recommended or not by the “Company.”
The “Company” neither represents nor controls other web sites that can be accessed through the “Website”, and consequently, has no responsibility for the content, use, products, and services that may be available in those other web sites.
The surveillance service and the search service for Trademarks and Domain Names may contain errors and/or omissions derived from the information available in the data banks, whether proprietary or not, of the “Trademarks Offices” or the “Registration Administration” which may themselves contain errors and/or omissions. The “User” releases the “Company” and its “Attorneys” of any such responsibility, waiving any claim for indemnification due to error, incomplete information, or in respect of recommendations and propositions made by the "Company" according to this information.
Under no circumstance the “Company” and the “Attorneys” will be responsible for any damage, loss of data or their inputs incurred by the “User” as a consequence of its connection with the “Website” or due to the interruption of a communication, or malfunctioning of the “Company” servers.
The parties agree that the “Company” may change this "Website" "Agreement" without notification to the “User,” in order to improve the service or due to changes in the rules and regulations of the country in which the application is being filed. It is understood that the unmodified Terms and Conditions remain in full force and must be complied with by the parties.
The “Company” will provide a password to the “User,” or a personal access keyword, to access the web pages of “My Account.” The “User” will be responsible for the custody and nondisclosure of this password as well as of its use. Certain services offered on or through this Site require the “User” to first open an Account. The “User” is responsible for maintaining the confidentiality of the “User”’s information, including their password, and for all activity that occurs under their account. The “User” agree to notify TRADEMARKERS immediately of any unauthorized use of their account or password, or any other breach of security. The “User” may be held liable for losses incurred by TRADEMARKERS or any other user of the Site due to someone else using their password or customer account. The “User” may not use anyone else's password or customer account at any time. The “User” may not attempt to gain unauthorized access to the Site. Should the “User” attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then their customer My Account will be terminated. The “User” agrees to provide us with accurate, current and complete information about the “User” and their billing information as prompted by the registration process. The “User” may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The “User” agrees that the “User” will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
The delays and errors resulting from force majeure will not be considered a breach of the “Company” or the "Attorney" services, including but not limited to, problems arising from elements of nature, fires, acts of war, national security attacks, coups d’état, or interruptions in the “Website” derived from major technical problems as determined by the “Company.”
Upon submittal of the Service Request, the non-“Titleholder” “User” certifies that it is authorized by the “Titleholder” “User” to request the services and bind it according to the terms of this Contract.
The “Company” will not return the “Charge” paid, in case of errors and/or omissions made by the “User,” including, but not limited to, a breach in the terms of this “Agreement”, delivery of incorrect information when submitting any “Service Request” and/or the incorrect modification of necessary information for the processing thereof.
The “User” is responsible to contract through the “Website”, within the deadlines established by the “Company”, the legal services in case of objections, oppositions, and refusals in the processing of the “Service Request”. The “User” must be aware that the deadlines are binding, meaning that if the required action is not complied with within the prescribed term, the right for a cause of action is relinquished, what normally leads to the loss of the registration request and/or other rights.
The “User” accepts and declares that, if it does not contract certain services within the term required by the “Company,” it will be assumed that it relinquishes its interest in pursuing the processing of the respective “Service Request” terminating the “Specific Contract,” without any refund of money whatsoever by the “Company.”
The “Charges” for the different services offered on the “Website” are those in force at the time of payment by the “User.”
TRADEMARKERS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO THE “USER”.
The “User” declares that by virtue of filling out the form of any “Service Request” it guarantees to the “Company” that all the information supplied in them is true and based on the principles of mercantile bona fide and further guarantees that it knows this “Agreement” in its entirety as well as the remaining contracts associated with it.
The “User,” by means of this “Agreement,” declares that it is entirely responsible for any claim, procedure, damage, injury, loss, or cost that may arise from, or that is related to, its deeds.
The “Company” and the "Attorney" are obliged to render the requested service after it has received from the “User”: (i) the information required in the respective “Service Request” contained on the “Website”, (ii) payment of the respective charge, and (iii) additional information, in such cases where this is necessary.
The “User” must provide and cooperate, during the processing of the “Service Request” in an integral, complete and opportune manner, delivering precise and trustworthy information, and responding to the requirements for information requested by the “Company” within the terms indicated.
The Trademark Registry grants the “Titleholder” the right to use the Trademark in the way it is conferred and for the products, services, and industrial or commercial establishments included in such rights as set and earned by the local laws and rules.
The Company Formation Service grants the “Titleholder” the right to use the Company in the way it is conferred and for the purpose included in such rights as set and earned by the local laws and rules.
The “Company” may terminate this “Agreement,” the “Contract” and the authorization to the “User” to use this “Website” at the moment it ceases to comply with its obligations with the “Company.”
It will be a cause for termination of this "Agreement": (i) the delivery of any inaccurate information by the "User"; (ii) the "User’s" refusal to update or deliver the requested information; and (iii) the "User’s" failure to provide instructions within the terms required by the "Company" to continue processing the contracted services.
All communications between the parties will be via e-mail or fax and directed to the "Contracting Parties" addresses.
These Terms, the use of the site and TRADEMARKERS's collection and use of customer information shall be governed by, construed and enforced in accordance with the laws of the Country that the services are ordered for without regard to its choice of law provisions. Any action the “User” or any third party may bring to enforce these Terms in the United States, shall be brought only in either the state or Federal courts located in Miami, Florida, (Which court (or mediation)do you want to use?) and the “User” expressly consent to the jurisdiction of said courts.
The “User” also agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The “Company” reserves the right, without expression of cause, to reject any request for service.
The “User” acknowledges that they have read, understand and agree to be bound by TRADEMARKERS’s Anti-Spam Policy available here.
The “User” agrees that TRADEMARKERS may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then the “User” agrees to pay TRADEMARKERS liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with their Account.
The Site has the right to terminate your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Site liable for such termination, and further agree not to attempt to use the Site after termination.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Intellectual Property Agent:
Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.
Please report any violations of these Terms to:firstname.lastname@example.org.
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The Site's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.
You acknowledge, consent and agree that the Site may access, preserve and disclose your account information and Content you upload, post, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Site, its users and the public.
The Site has no control over and is not responsible for the content of or claims made on websites that may be linked to or from the Site, whether or not they may be affiliated with the Site. Trademarkers.com is not responsible for the privacy practices or the content of any other websites to which the Site links or to which link to the Site.
THE “COMPANY” SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE “COMPANY” EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE "COMPANY" SERVICES WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE "COMPANY" ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY THE “USER” RELY ON ANY SUCH INFORMATION OR ADVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE “USER”.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE "COMPANY" OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE "COMPANY" SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE "COMPANY" SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO "COMPANY" RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT THE "COMPANY" IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE.
IF THE “USER” ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, THE “USER”’s ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
As consideration for the services requested, the “User” agrees to pay the “Company,” applicable service(s) fees. All fees payable hereunder are non-refundable.
Requested services with pending documentation or information from the client, have a refund deadline of 90 days. After this period only official expenses of the Trademark Office shall be returned.
The information, services and products available to the “User” on this Site may contain errors and are subject to periods of interruption. While the Site does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.
The “company” is not responsible for the publication and/or the content of the web site. It is not responsible either for complaints, law suits, trials, damages, costs or expenses related to the violation of third person rights claimed by them inside or outside a tribunal. The “User” declares that it is fully responsible for any complaint, procedure, damage, slander.
The “User” agrees to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by the “User”, or the infringement by the “User”, or other users of the Site using their computer, of any intellectual property or other right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter that is subject to indemnification by the "User"
The requested and registered domain name will be the “User’s” exclusive responsibility; whose registration should not contradict the current standards, morally or ethically. In case the “User” does not comply with the former the User must respond before the authorities, releasing the “Company” from any responsibility.
The “Company” will not be responsible for the content of the Domain Name Registration that has been requested by the “User”. The “User” is exclusively responsible for the content of its Domain name which must not be contrary to the law, accepted moral codes and norms of good behavior. In case of infringement, the “User” shall respond before the correspondent authorities, liberating the “Company” from any responsibility.
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of Intellectual Property Rights claimed to have been infringed, or, if multiple Intellectual Properties covered by a single notification, a representative list of such infringement;
c. 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 TRADEMARKERS to locate the material on the Site;
d. Your name, address, telephone number and e-mail address and Information reasonably sufficient to permit TRADEMARKERS to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
e. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the Intellectual Property Rights owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Site may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.