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USER AGREEMENT FOR TRADEMARKSAFEGUARD's TRADEMARK MONITORING SERVICES
IMPORTANT: READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE. BY ACCESSING ANY MATERIAL ON THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS USER AGREEMENT (THE "AGREEMENT"), THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING, DOWNLOADING OR USING ANY MATERIAL.
1. INTRODUCTION: TrademarkSafeguard is a trademark research company and a publisher of general content on trademark law and related issues. We are not a law firm and do not provide legal advice. Only a lawyer can provide you with specific advice to rely on. THE TRADEMAEKSAFEGUARD SERVICE IS A TRADEMARK RESEARCH SERVICE AND IS NOT A SUBSTITUTE FOR LEGAL ADVICE.
2. SERVICES: TrademarkSafeguard provides a monitoring service for trademarks. You agree that TrademarkSafeguard may change its algorithm at any time without liability. TrademarkSafeguard may discontinue or change any of the services defined herein.
3. COPYRIGHT: The information provided throughout the website and emails generated by TrademarkSafeguard is the exclusive property of TrademarkSafeguard. Under no circumstances may you replicate any information from the subscriber or non-subscriber area, changed or unchanged.
4. WARRANTIES: TrademarkSafeguard assumes NO LIABILITY for any damages suffered by you, including, by not limited to, mistakes omissions, loss of data, delays in operation or transmission, non-deliveries, deletion of files or e-mail, errors, defects, computer viruses, or service interruptions of any kind, or any failure of performance, communications failure, theft, destruction or unauthorized access to TrademarkSafeguard.com's records, program, information or services. Under no circumstances shall TrademarkSafeguard or its parent company be liable for trademarks that are missed which can be found similar to your own trademark. TrademarkSafeguard will under no circumstances be responsible for any information contained in or omitted from the search results from the monitoring service. TrademarkSafeguard, its affiliates and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the web site or information received from the web site. Any liability arising out of your search results is limited to a refund of the search fee paid.
4. Rights in Service Content and the Service All content provided by TrademarkSafeguard is protected by copyright, trademark and other applicable intellectual property and proprietary rights laws and is owned and controlled by TrademarkSafeguard. TrademarkSafeguard trademark services are protected by copyright, trademark and other applicable intellectual property and proprietary rights laws and are owned and controlled by TrademarkSafeguard. All other trademarks appearing on the TrademarkSafeguard service are the property of their respective owners. As a user of TrademarkSafeguard's trademark research service(s), you may search, retrieve, display, download and print content provided by TrademarkSafeguard from the research service(s) for your personal or internal business use only and shall make no other use of the content without the express written permission of TrademarkSafeguard.
5. Indemnification To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless TrademarkSafeguard Inc. (and any of its affiliates, employees and agents) from and against all claims, liability and expenses, including attorney fees and legal fees and costs, arising out of your use of the search service(s) or your breach of any provision of this User Agreement. TrademarkSafeguard reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate as fully as reasonably required in the defense of any claim.
6. Law Governing Performance and Disputes This Agreement, your performance under it and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the state of New York. You expressly consent to the exclusive forum, jurisdiction and venue of the Courts of the State of new York and the United States District Court for the Southern District of New York in any and all actions, disputes, or controversies relating to the Agreement.
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