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SERVICE AGREEMENT
IMPORTANT—PLEASE READ
This Trademark.com Service Agreement ("Agreement")
sets forth the terms and conditions of your account.
Once you activate your account, you agree to accept
the Agreement in its entirety; therefore, we encourage
you to review this document and familiarize yourself
with its provisions. Trademark.com is an on-line
service (the “Service”) on the World
Wide Web of the Internet (address: http://www.trademark.com),
consisting of search access for a variety of proprietary
and licensed third-party, trademark databases and
related reporting, downloading and other associated
services. MicroPatent, LLC (“MicroPatent”)
is the operator of the Service. “Customer” means
any person, firm, business entity or institution
that establishes an authorized account (“Account ”)
for access to and use of the Service.
The right to use the Service is personal to the
Customer and limited to one concurrent user at a
time unless the Customer is otherwise authorized
in writing by for multiple concurrent users. The
Customer’s Account is not transferable. By
registering as a Customer and using the Service,
you accept and agree to comply with the trademark.com
Service Agreement (“Agreement”), and
all rules or policies posted on the Service for as
long as you remain a Customer.
MicroPatent reserves the right, at any time, to
(i) change the terms of this Agreement or any rules
or policies posted on the Service, (ii) change the
Service, including eliminating or discontinuing any
content or feature of the Service, restricting the
hours of availability or limiting the amount of use
permitted by the Customer, or (iii) change any fees
or charges for use of the Service, including instituting
new fees or charges for the use of the Service or
any feature thereof. All changes shall be effective
immediately upon notice. Any use of the Service under
a Customer’s Account after such notice shall
be deemed to constitute acceptance by the Customer
of the changes.
The Customer is responsible for ensuring that all
use of the Service under the Customer’s Account
(i.e., use of the Service by any person using the
Customer’s User ID and Password) complies with
the provisions of this Agreement currently in effect
and all other rules posted on the trademark.com site.
As part of the registration process, Customer will
select a user ID password. As part of the registration
process, Customer shall provide MicroPatent with
accurate and complete registration information. Customer
shall also update said information to ensure that
it is both current and accurate. Failure to do so
shall constitute a breach of this agreement, which
may result in immediate termination of Customer’s
account.
The Customer may not select or employ a user ID
of another person with the intent to impersonate
that person or use name that is subject to the Rights
of any other Customer without express authorization.
Furthermore, Customer may not use a name that MicroPatent,
in its sole discretion, deems offensive. The Customer
is responsible for protecting the confidentiality
of the Customer’s user ID and password. Unauthorized
access to the Service is a breach of this Agreement
and a violation of law.
The Customer is responsible for and must provide
all telephone and other equipment and services (including
Internet access provider fees) required for access
to and use of the Service.
The Customer is responsible for paying all fees
and charges (plus applicable taxes) associated with
the use of the Service under the Customer’s
Account. Trademark.com will charge the Customer for
all Services used by Customer, pursuant to the then
current published prices. Some Service charges may
be payable in advance and may reflect the fee for
specific usage or for annual subscriptions. Other
than for annual subscriptions, the Customer will
receive, by electronic mail, a monthly invoice outlining
beginning balance (if any), monthly usage, and/ or
subscription services and other account activity.
If the Customer’s payment method is by credit
card, each time Customer uses the Services, Customer
agrees and reaffirms that Trademark.com is authorized
to charge Customer’s designated credit card.
Customer agrees that MicroPatent may, at its option,
accumulate charges incurred during the billing cycle
and submit them as one or more aggregate charges
during or at the end of each cycle. It is Customer’s
responsibility to keep MicroPatent informed of changes
to Customer’s designated credit card, where
applicable (e.g., billing address, card/account number,
and expiration date). Customer agrees to remit payment
for Services rendered if any such charges are refused
by Customer’s credit card issuer.
Payment for Services rendered are not subject to
offset by Customer for any reason. All charges for
Services are due and payable at the end of the month
in which the Services were rendered and delinquent
payments (those not paid within thirty (30) days
of the end of such month) are subject to a late fee
equal to eighteen percent (18%) per annum or the
maximum rate allowed by law, if such maximum rate
is less than eighteen percent (18%). Customer hereby
authorizes MicroPatent to notify Customer of delinquent
account status by any means that MicroPatent deems
to be expedient, including without limitation facsimile,
electronic mail, or letter.
THE SOFTWARE AND DATABASES CONTAINED HEREIN ARE
PROPRIETARY TO MICROPATENT AND OTHER VENDORS. REGISTERED
CUSTOMERS ARE LICENSED TO USE THE SERVICE TO VIEW,
PRINT, SEARCH AND DOWNLOAD INFORMATION PER THIS AGREEMENT.
HOWEVER, THE CUSTOMER IS NOT PERMITTED TO RESELL
OR DISTRIBUTE ANY INFORMATION PRINTED OR DOWNLOADED
FROM THE TRADEMARK.COM SYSTEM OTHER THAN INCIDENTAL
TO THE PRACTICE OF LAW. ASIDE FROM THIS PERMITTED
EXCEPTION, CUSTOMERS ARE EXPRESSLY PROHIBITED FROM
RESELLING ANY DATA EXTRACTED FROM THE SYSTEM IN ANY
MEDIUM AT ANY TIME FOR ANY REASON WITHOUT THE PRIOR
WRITTEN APPROVAL OF MICROPATENT. MICROPATENT RESERVES
THE RIGHT TO TERMINATE THE ACCOUNT OF ANY CUSTOMER
FOUND TO BE VIOLATION OF THIS AGREEMENT, AND/OR FOUND
TO BE ABUSING THE SYSTEM ON A CONTINUING BASIS. SUCH
ABUSE SHALL BE DEFINED AS DOWNLOADING MORE THAN 2000
RECORDS PER SESSION ON MULTIPLE OCCASIONS OR ATTEMPTING
TO DOWNLOAD A SUBSTANTIAL PORTION OF ANY DATABASE
ON ANY OCCASION. THE CUSTOMER AGREES THAT THE USE
OF THE SERVICE IS AT THE CUSTOMER’S SOLE RISK.
NEITHER MICROPATENT NOR ANY OF ITS EMPLOYEES, WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES MICROPATENT OR ANY OF ITS EMPLOYEES WARRANT
THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE
OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. MICROPATENT
HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND
ON BEHALF OF ITS EMPLOYEES, ALL WARRANTIES OF ANY
KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND ARE
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE CUSTOMER’S SOLE REMEDY FOR ANY DAMAGES
CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE
THE CUSTOMER’S ACCOUNT. IN NO EVENT WILL MICROPATENT
OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING,
OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE
OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER
CAUSE.
DATA IS FOR INFORMATION PURPOSES ONLY. CERTIFICATION
CAN ONLY BE OBTAINED BY REQUEST THROUGH INDIVIDUAL
AUTHORITIES.
The Customer agrees to defend, indemnify and hold
harmless MicroPatent, its affiliates and respective
directors, officers employees and agents from and
against all claims and expenses, including reasonable
attorneys’ fees, arising out of the Customer’s
use of the Service or the Customer’s Account.
MicroPatent may give notices to Customers, at its
option, by posting a message on the Service, by electronic
mail or by any other means by which Customers obtain
actual knowledge thereof. Notices by Customers must
be given by electronic or conventional mail. Notices
to Micropatent by electronic mail must be sent to
billing@trademark.com. Notices by conventional mail
must be sent to MicroPatent, Attn: Customer Services,
250 Dodge Ave., East Haven, CT 06512-3358. Notices
by Customer to MicroPatent will not change the terms
of this Agreement, unless the change is expressly
accepted in writing by an authorized officer of MicroPatent.
Either MicroPatent or the Customer may terminate
this Agreement and the Customer’s Account at
any time, with or without cause. In the event the
Customer is dissatisfied with the Service for any
reason whatsoever, the only remedy available to the
Customer is to terminate the Customer’s Account
by notifying MicroPatent pursuant to this Agreement.
MicroPatent may suspend or terminate Customer’s
Account, without notice, in the event of any breach
by the Customer of thisAgreement. Suspension or termination
of a Customer’s Account means that the Service
will no longer be accessible to the Customer.
Trademark.com shall not be responsible for any consequences
of such lack of access. The provisions of this Agreement
will survive the termination of the Agreement or
the Customer’s Account, whether by MicroPatent
or the Customer. This Agreement constitutes the entire
and only agreement between the parties with respect
to the Service and supersedes all other communications
and agreements withrespect to the subject matter
hereof. This Agreement may be modified from time
to time upon notice, as described above. This Agreement
shall be construed in accordance with the laws of
the State of Connecticut. If any provision of this
Agreement is determined to be invalid, all other
provisions shall remain in full force and effect.
No waiver of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein
are for convenience only and shall not be given any
legal import.
MicroPatent considers all communications confidential.
Customer information, search requests, and search
results are never shared with any third parties.
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