TERMS AND CONDITION OF USE
Welcome to the Terms and Conditions of Use Agreement (the “ Agreement ”) for EGW Solutions, LLC (“ EGW ”). This Agreement describes the terms and conditions applicable to Your use of the http://www.trademarkbob.com website (the “ Site ”). As used in this Agreement, “ You ” and “ Your ” refer to the person or entity using the Site or Service. EGW and You are collectively referred to as the “ Parties ” and individually as a “ Party .”
1. Service Terms
A. Use of Site . EGW grants You a limited license to access this Site to view information on the Site solely for Your personal, noncommercial use. You agree to not copy or distribute any part of the Site in any medium without EGW’s prior written consent. You further agree You will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose, and You will otherwise comply with all the terms and conditions of this Agreement. The permission granted to You shall terminate automatically if You breach any of these terms and conditions. EGW reserves the right to modify or remove any materials or products listed on the Site at any time without notice.
B. Authorized Use . EGW authorizes You to access and use its proprietary, preliminary trademark search software (the “ Service ”) during the Term of this Agreement. You may only use the Service for Your internal business purpose and are not allowed resell or otherwise commercialize the Service. The preceding sentence notwithstanding, if You are a lawyer or work for a marketing firm, You may use the Service to counsel Your clients. You are responsible for maintaining the confidentiality of any passwords assigned to or created by You, and that the passwords will not be shared with anyone. You agree to immediately notify EGW if a password is lost, stolen, disclosed to an unauthorized third party, or has otherwise been compromised. You shall be solely responsible for all activities made under Your account.
C. Prohibited Use of Site . You shall not make any commercial use of this Site or its content. You further agree not to use any data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of EGW. You agree not to interfere, disrupt, or attempt to gain unauthorized access to other accounts that use this Site or any other computer network. You further agree not to disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program or engage in any other activity deemed by EGW to be in conflict with the spirit or intent of this Agreement.
D. Service Use Restrictions . By using the Service, You agree not to do any of the following: (i) intentionally or unintentionally violate any local, state, or federal law; (ii) upload any files that contain software viruses or other harmful computer code; or (iii) interfere with the operation of EGW’s Web servers or other computers or Internet or network connections.
E. Free Preview . You may receive a redacted version of the search report from a search You place using the Service (the “ Demo Report ”) free of charge. There is no requirement to create an account or enter Your credit card information as a precondition to receiving the Demo Report. Upon payment of the required fee or upon subscribing to the Service, You will receive the full, unredacted version of the search report (the “ Search Report ”). You acknowledge and agree that EGW exclusively owns the copyright in the structure and organization of the Search Report and Demo Report delivered by EGW to Your email inbox. You agree not to take any action, either directly or indirectly, to challenge the validity or EGW’s ownership of the copyright in the structure and organization of the Demo Report or Search Report. EGW hereby grants to You a limited, irrevocable, transferable right to copy and distribute the Demo Report or Search Report. You do not have the right to create derivative works of the Demo Report or Search Report, nor do You have the right to sublicense any of the rights granted to You by EGW.
F. Equipment . You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site including all hardware, software, electrical, and other physical requirements for Your use of this Site including, without limitation, telecommunications, Internet access connections, Web browsers, or other equipment, programs, and services required to access and use the Site. EGW may, in its sole discretion, change the applicable technical requirements to use the Service from time to time.
A. Accessibility . You agree that from time to time this Site or the Service may be inaccessible or inoperable for any reason including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that EGW or the United States Patent and Trademark Office (“ USPTO ”) may undertake from time to time; or (iii) causes beyond the control of EGW or that are not reasonably foreseeable.
3. Ownership of Intellectual Property
A. Trademarks . The following trademarks, service marks, and logos (the “ Trademarks ”) used and displayed on this Site are registered and unregistered Trademarks owned by EGW. Under no circumstances may You use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site without the express written consent of EGW. All other brand names not owned by EGW on this Site are owned by their respective owners. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any metatags or any other “hidden text” utilizing EGW’ Trademarks without the express written consent of EGW. Any unauthorized use identified in this Section terminates the permission or license granted to You by EGW.
B. Copyrighted Works . Certain content contained on this Site including, but not limited to, images/video, photos, electronic art, graphics, information and data, communications programs, electronic mail services, user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including laYouts, pages, screens, directories, and databases are owned by or licensed to EGW. Any other copyright protected content not owned by EGW is owned by its respective owner. You agree that You will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for Your personal noncommercial use) from the Site without the prior expressed written consent of EGW.
This Site may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for Your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by EGW with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that EGW is not responsible in any manner (including without limitation with respect to any loss or injury You may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or Your reliance thereon. EGW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, You should be aware that Your use of any non-EGW site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
If a third-party links to this Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with EGW. EGW may not even be aware that a third party has linked to this Site.
5. Third-Party Content
Any other content not owned by EGW is owned by its respective owner. You acknowledge and agree that such content is provided by its owner and does not reflect any endorsement, affiliation, relationship, or sponsorship by EGW with respect to the provider of such content. You further acknowledge and agree that EGW is not responsible in any manner (including without limitation with respect to any loss or injury You may suffer) for any content provided by third parties including, without limitation, Your reliance thereon. EGW MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT.
6. Submission of Confidential Information
Do not use this Site as a means of submitting information You consider to be confidential or proprietary. Except as otherwise expressly provided herein or in a written agreement with EGW applicable to Your particular use of the Site, any submission of material by You will be considered a contribution to EGW for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, You agree that any material including, but not limited to, questions, comments, suggestions, ideas, or other information, provided by You in the form of e-mail or submissions to EGW are non-confidential and shall become the sole property of EGW. EGW shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of this material for any purpose, commercial, or otherwise, without acknowledgment or compensation to You. Notwithstanding anything to the contrary in this Section, any names uploaded or entered by You when using the Service will remain Your confidential information. EGW acquires no ownership interest in any names uploaded or entered by You when using the Service.
7. N o R epresentations
EGW makes no representation that the USPTO will register Your proposed mark or will not refuse the registration of Your proposed mark on the ground of likelihood of confusion with a prior pending application or registered mark. EGW does not represent that the software will uncover all marks that may have an impact on Your decision to adopt Your proposed mark, and that You will not be sued for trademark infringement. You acknowledge and agree that EGW’s software is not a comprehensive search program and is limited to the data contained in the USPTO’s database, and more specifically limited to the data contained in the USPTO’s database on the date You conduct Your search. You acknowledge and agree any trademark application You choose to file could be negatively impacted by any delay in filing a trademark application with the USPTO after conducting Your trademark search for which EGW is not responsible. You further acknowledge and agree that any search conducted with EGW’s software could be negatively impacted by incorrect data contained in the USPTO’s database.
8. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EGW , ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. EGW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, THE CONTENT OF ANY SITES LINKED TO THIS SITE, OR ANY THIRD-PARTY CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR THIRD-PARTY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR THIRD-PARTY CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, THIRD-PARTY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR THIRD-PARTY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. EGW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EGW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL EGW , ITS OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR THIRD-PARTY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND THIRD-PARTY CONTENT; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
EGW makes no representations that the Site is appropriate or available for use in locations other than the United States of America. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. You further agree that the information provided on this Site does not constitute advice or a solicitation of business, and products and/or services described on this Site may or may not be suitable for Your company and may not be available to all customers or in all jurisdictions. Before acting on any information, You should consider Your company's needs, objectives, and financial considerations.
10. Release and Indemnification
A. Release . In the event that You have a dispute with a third party that involves this Site, You agree to release EGW and its officers, shareholders, directors, employees and agents from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “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.”
B. Indemnification . You agree to indemnify, hold harmless and defend EGW, its officers, members, directors, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to: (i) this Agreement; (ii) Your use of this Site or Services, including any data or work transmitted or received by You; and (iii) any prohibited use of the Site or Services as set forth in Section 1.
11. Term and Termination
A. Term . This Agreement will be effective as of the date You use the Site and will remain in effect until terminated (the “ Term ”). Either party has the right to terminate this Agreement for any reason upon delivering written notice to the other party. You may cancel Your account by sending an e-mail to firstname.lastname@example.org with “Cancel Account” in the subject line.
B. Effect of Termination . UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, THE ACCESS GRANTED TO YOU IN SECTION 1 CEASES AND YOU ARE NO LONGER AUTHORIZED TO USE THE SERVICE FOR ANY PURPOSE. YOU FURTHER AGREE THAT EGW’S SERVERS AND COMPUTER NETWORK CONSTITUTE A “PROTECTED COMPUTER” AS DEFINED BY THE COMPUTER FRAUD AND ABUSE ACT (18 U.S.C § 1030 ET SEQ .) AND THAT YOUR ACCESS OF EGW’S SERVERS AND COMPUTER NETWORK FOLLOWING THE EFFECTIVE DATE OF TERMINATION OF THIS AGREEMENT IS WITHOUT AUTHORIZATION .
YOU FORFEIT ANY UNUSED SEARCH CREDITS UPON YOUR TERMINATION OF THIS AGREEMENT
12. Equitable Remedies and Enforcement
You acknowledge and agree that breach of any of the obligations under this Agreement shall cause irreparable injury and shall entitle EGW to equitable relief or remedy. The pursuit or securing of any such equitable relief shall not prohibit or limit EGW to seek or obtain any other remedy provided under this Agreement or by law. If any or all of the above covenants or agreements are held to be unenforceable because of the scope or duration of such covenant or agreement or the area covered thereby, You agree that the court making such determination shall have the power to reduce the scope, duration and area of such covenant or agreement to the extent that allows the maximum scope, duration and area permitted by applicable law. The covenants, agreements and remedies provided herein are in addition to, and are not to be construed as a replacement for or limited by, the rights and remedies otherwise available to EGW including, but not limited to, those rights and remedies contained in the Defend Trade Secrets Act of 2016
A. Amendment . EGW shall have the right, at any time, to add to or modify the terms of this Agreement by posting the updated terms on the Site, which will become effective 30 days after being posted on the Site. Your access to or use of the Site or Service after the effective date of such amended terms shall be deemed to constitute Your acceptance of such amended terms. You may not amend this Agreement without EGW’s express written consent.
B. Assignment . You may not assign Your rights or delegate Your duties under this Agreement without EGW’s written consent. Any attempted assignment or delegation by You without the required consent is void. EGW may assign this Agreement without Your prior consent
C. Waiver . Except for the Class Action Waiver, no waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
D Severability . If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible, and the other provisions will remain fully effective and enforceable.
E. Notice . All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either party’s last known post office, facsimile or e-mail address. You hereby consent to notice by e-mail.
F. Law . This Agreement is made in and shall be governed by the laws of the State of Minnesota without reference to its conflict of laws provisions.
J. Class Action Waiver . ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR EGW MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INTERESTED PARTIES OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
K. Governing Law and Rules for Arbitration . The Arbitration Agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA) or JAMS. The rules for the arbitration will be the procedures of the chosen arbitration organization. If the organization's procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. Arbitration hearings will take place in Minnesota. A single arbitrator will be appointed. The arbitrator must:
The arbitrator's decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either You or EGW may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award issues. The appealing Party pays all appellate costs unless the appellate panel determines otherwise as part of its award. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.
L. Attorneys’ Fees . Should You breach any of the terms of this Agreement, You hereby agree to pay all the reasonable attorneys’ fees incurred by EGW in enforcing the terms of this Agreement. The attorneys’ fees shall be paid by You irrespective of any damages recovered or any relief afforded to EGW.
M. Force Majeure . EGW shall not be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted, or prevented because of any pandemic, act of God, act of terrorism, fire, natural disaster, act of government, strikes or labor disputes, inability to provide raw materials, power or supplies, or any other act or condition beyond EGW’s reasonable commercial control.
N. Third-Party Beneficiaries . There are no intended third-party beneficiaries of this Agreement.
O. Survival . Notwithstanding the termination of this Agreement, the Parties shall be required to carry out any provision hereof that contemplates performance after such termination, and such termination shall not affect any liability or other obligation that have accrued prior to such termination, including, but not limited to, any liability for loss or damage because a prior breach. Without limiting the generality of the foregoing, the Parties specifically agree that the rights and duties contemplated in Sections 3-12 shall survive termination of this Agreement for any reason.