AUTOMATED TRADEMARK MONITORING
USER AGREEMENT FOR TRADEMARK SAFEGUARD'S TRADEMARK MONITORING SERVICES
YOUR PAYMENT TO TRADEMARK SAFEGUARD LLC ("TRADEMARK SAFEGUARD" or "TMSG") OF ANY FEES FOR ITS SERVICES AND/OR YOUR USE OF THE TRADEMARKSAFEGUARD.COM WEBSITE IS YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE TERMS OF THIS USER AGREEMENT.
You are advised to seek the advice of competent legal counsel prior to taking any action based upon information obtained from or furnished by TMSG.
1. INTRODUCTION: TRADEMARK SAFEGUARD is a trademark research company and a publisher of general content on trademarks and related issues. We are not a law firm. We do not provide legal advice. THE TRADEMARK SAFEGUARD SERVICE IS NOT A SUBSTITUTE FOR LEGAL ADVICE.
3. WARRANTIES / LIMITATION OF LIABILITY: TRADEMARK SAFEGUARD utilizes databases and information provided by third party governmental and private entities. While reasonable steps are taken to assure that the information provided by TRADEMARK SAFEGUARD is accurate and complete, you agree that TRADEMARK SAFEGUARD shall have NO LIABILITY, beyond the fees paid by you for the service, for any damages suffered by you, including, but not limited to damages suffered by reason of 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 TRADEMARK SAFEGUARD's records, programs, information or services. Under no circumstances will TRADEMARK SAFEGUARD or any of its affiliated companies be liable for failing to identify and alert you of trademarks that are similar to your own trademark or service mark.
You expressly agree that TRADEMARK SAFEGUARD, its affiliates, sponsors, officers, directors, managers, employees, contractors and agents are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other damages arising out of or relating in any way to the TRADEMARK SAFEGUARD service, its web site or to information received from the TRADEMARK SAFEGUARD website or from any emails or other communications originating from or with TRADEMARK SAFEGUARD. You agree that TRADEMARK SAFEGUARD's liability is limited to the fees paid by you for Trademark Safeguard's services.
4. Rights in content and services provided by TRADEMARK SAFEGUARD are protected by copyright, trademark and other applicable intellectual property and proprietary rights laws and are owned and controlled by TRADEMARK SAFEGUARD. All material contained on the TRADEMARK SAFEGUARD web site or transmitted to you by TRADEMARK SAFEGUARD is owned and/or controlled by TRADEMARK SAFEGUARD.
"TRADEMARK SAFEGUARD" is a trademark of Trademark Safeguard, LLC. All other trademarks appearing on the TRADEMARK SAFEGUARD service are the property of their respective owners. As a user of TRADEMARK SAFEGUARD's trademark research service(s), you may search, retrieve, display, download and print content provided by TRADEMARK SAFEGUARD 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 TRADEMARK SAFEGUARD.
5. Indemnification: To the maximum extent permitted by applicable law, you will defend, indemnify and hold TRADEMARK SAFEGUARD (and any of its affiliates, sponsors, officers, directors, managers, employees, contractors and agents) harmless from and against all claims, liabilities and expenses, including attorney fees, legal fees and costs, arising out of your use of any information provided to you by TRADEMARK SAFEGUARD or your breach of any provision of this User Agreement.
6. TRADEMARK SAFEGUARD may change the terms of this User Agreement at any time by notifying you of the change either electronically or in writing. The changes will also appear on the TRADEMARK SAFEGUARD's website at http://www.trademarksafeguard.com/user_agreement. Your use of TRADEMARK SAFEGUARD.com after changes are made to this User Agreement means that you agree to be bound by such changes.
7. Law Governing Performance and Disputes: This Agreement, the parties' 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 located in the City, State and County of New York, in any and all actions, disputes, or controversies relating to this User Agreement or arising as a result of your use of any of the information or services provided by Trademark Safeguard.