TRADEMARKS ON CALL, INC - Terms of Service

Trademarks On Call, Inc (hereinafter "TOC") sets forth the following Terms of Use (hereinafter "Terms of Use" or "terms"), which are a legal and binding agreement between you and TOC governing your access to and use of this website, any website maintained by TOC that links to these terms, and any mobile application(s) currently in use or as we may introduce from time to time (the website(s) and mobile applications, or any portion thereof, are hereinafter referred to as the "Site"). As such, by using our Site and/or service, you agree to be bound by these terms.

TOC is not a law firm

TOC is not a law firm or an attorney, and neither TOC nor any of its employees provide legal services or legal advice. TOC and its account or customer service representatives will not provide you with any kind of advice that may require a law license, such as opinions or recommendations regarding your possible legal rights, defenses or strategies.

No attorney-client privilege will exist between you and TOC.

Services provided by TOC and the TrademarksOnCall.com website

TOC is a software company. TOC provides software solutions for searching, researching and managing trademarks. TOC provides automated software alerts regarding the status of trademarks as well as the status of trademark owners and trademark correspondents. TOC also provides logo design services, business plans and information services. TOC is not an attorney, law firm or legal referral service. TOC and its account or customer service representatives will not provide you with any kind of advice that may require a law license, such as opinions or recommendations regarding your possible legal rights, remedies, defenses or strategies.

Communications

To ensure that consumer inquiries are handled accurately, phone calls between you and TOC or any of our account service representatives, customer service representatives, agents and/or affiliates may be recorded. TOC may from time to time make calls and/or send text messages to you at any telephone number associated with your account. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or an automatic telephone dialing system. You certify, warrant, and represent that the telephone numbers you have provided to us are your contact numbers and you are permitted to receive calls at each of the telephone numbers you have provided.

Consent to Be Contacted

By providing your email address, mailing address and/or phone numbers you agree to receive communications from TOC, for example emails, text messages, other electronic means of communication and/or physical mail, of any kind. You agree that agreements, notices, disclosures, and other communications that we provide to you via email, text message and/or another electronic means satisfy any legal requirement that such communications be in writing. By providing your email address, mailing address and/or phone numbers, you also agree to receive advertisements and/or solicitations for legal services from law firms and/or attorneys that advertise with or through TOC and/or on the Site including TrademarksOnCall.com and other TOC online properties.

Legal Service Advertisements

TOC invites attorneys and law firms to advertise through TOC and/or on TrademarksOnCall.com and other TOC online properties, and all requests for legal services are handled by these attorneys and law firms (hereinafter "Advertising Attorneys"). Such legal services include, but are not limited to, trademark matters, patent matters, and copyright matters.

All legal services displayed by TOC on its website(s) are provided by Advertising Attorneys that engage TOC to provide these advertising services. As such, all legal services advertised by TOC on its website(s) are controlled and operated by the Advertising Attorneys. Advertising Attorneys are the only ones that can answer legal questions. By utilizing the legal services offered by the Advertising Attorneys, you expressly disclaim TOC from any and all liability arising from the use of the legal services.

Before providing any legal service, Advertising Attorneys are required to conduct a conflict of interest check. If it is determined that a conflict of interest exists, the Advertising Attorney will notify the potential client having solicited the service. If the conflict of interest cannot be resolved, any fee paid in anticipation of legal service will be refunded to the potential client.

TOC does not earn any fees for legal services. TOC earns fees only for the provision of non-legal services and, where indicated, the provision of advertising by Advertising Attorneys.

Legal Service Advertisements by Classic Counsel, P.C.

The TrademarksOnCall.com website was created by the law firm Classic Counsel, P.C., dba ON CALL ATTORNEYS / CROSBY LAW. TOC and the Site including the website TrademarksOnCall.com is a business separate and distinct from the law firm of Classic Counsel, P.C. You understand that the law firm Classic Counsel, P.C. pays TOC for the display and advertisement of legal services on its website, through email, and through other electronic means of communication and/or physical mail. Classic Counsel, P.C. is an Advertising Attorney.

Any legal advertisement provided by the law firm Classic Counsel, P.C., having an address of 1125 West Street, Suite 200, Annapolis, MD 21401, is the responsibility of attorney Hans J. Crosby.

You are free to choose any licensed U.S. attorney to represent you with your legal matter, including any trademark matter, patent matter or copyright matter.

However, only the law firm Classic Counsel, P.C. has been invited to advertise certain legal services on the TOC website, namely: all trademark matters, patent matters and copyright matters. Thus, when ordering these legal services, you will be represented by an attorney at the law firm of Classic Counsel, P.C., upon completion of a successful conflict check. You agree that all confidential information will only be communicated to an attorney at Classic Counsel, P.C. with which you have established an attorney/client relationship. You understand that the attorneys at Classic Counsel, P.C. are able to advise you only on U.S. federal legal issues and legal issues in those states in which an attorney of the law firm is licensed.

By providing your email address, mailing address and/or phone numbers you agree to receive communications, advertisements and/or solicitations for legal services from Classic Counsel, P.C. You agree that agreements, notices, disclosures, and other communications provided to you by Classic Counsel, P.C. via email, text message and/or another electronic means satisfy any legal requirement that such communications be in writing.

Use of the Site

TOC hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site solely for your personal use in accordance with these terms. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site. TOC may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Site and services, or (b) change, revise, or modify the Site and services. TOC reserves the right to review and remove any posted materials for any reason, and to disclose materials as necessary pursuant to any legal proceeding or governmental request.

When you post or transmit content to the Site or our service, you hereby grant TOC a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, throughout the world in any media. If you submit feedback or suggestions about our Site or service, you agree that TOC may use your feedback or suggestions without any obligation to you. If you post a review of our Site or service, you agree that TOC may post that review and/or share it with others, including your initials and location (e.g., "J.C., Baltimore, MD"), without any obligation to you.

Restrictions on Use

You agree not to attempt to access any information that TOC has not intentionally made available to you; to copy or resell any TOC content or materials; or to scrape, crawl or hack the Site in any way. When using the Site or service, you agree not to: (a) engage in any conduct that violates the law, (b) collect information about others without their consent, (c) attempt to inhibit others from using the Site or service, (d) upload files protected by the legal rights of another or upload files that may damage the computer of another, (e) advertise any service, (f) communicate anything inappropriate, defamatory, obscene, indecent, threatening, or profane, and/or (g) falsely represent yourself or your situation.

Government Data on Website

Public information including government records are displayed on the Site including the TrademarksOnCall.com website and other online properties. TOC does not guarantee the accuracy of this information. TOC does not guarantee that all information is current. Some information may be removed at the owner's request.

TOC does not guarantee that abandoned, canceled or expired trademarks are not being used or that others have rights to these marks. Note also that State or International trademark registries are not presented on the Site.

Automated Alerts and Reminders

TOC may send automated alerts and reminders concerning trademark and/or other filings, once such government information is made public, upon user request. You understand that these auto-alerts/reminders are for informational purposes only, and TOC cannot guarantee that they are accurate and/or error free. TOC cannot guarantee that these auto-alerts/reminders are sent in a timely manner.

By providing your email address, mailing address and/or phone numbers for receiving automatic alerts and/or reminders, you agree to receive communications from TOC, for example emails, text messages, other electronic means of communication and/or physical mail, of any kind. You also agree to receive advertisements and/or solicitations for legal services from law firms and/or attorneys that advertise with or through TOC and/or on the Site including TrademarksOnCall.com and other TOC online properties.

Disclaimer of Warranty and Limitation of Liability

The Site and all materials provided are provided on an "AS IS" basis. The website and materials provided may include inaccuracies as well as typographical errors. Thus, the use of the Site, any materials provided, and any service is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, TOC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TOC MAKES NO WARRANTY THAT: (A) THE SITE OR PROVIDED MATERIALS WILL BE SUITABLE FOR YOUR REQUIREMENTS; (B) THE SITE OR RESULTS OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR ERROR FREE; OR (C) THE SITE OR PROVIDED MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY AND/OR ERROR-FREE BASIS. THE USE OF THE SITE AND PROVIDED MATERIALS IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE, EVEN WHERE TOC HAS BEEN PREVIOUSLY WARNED OF THE POSSIBILITY OF SUCH DAMAGE.

IF ANY LIABILITY IS FOUND ON THE PART OF TOC, YOU AGREE THAT LIABILITY SHALL BE LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID FOR SERVICES OVER THE PRECEDING 6 MONTHS.

Indemnification

You agree to defend, indemnify and hold harmless TOC, its affiliates, directors, officers, employees and shareholders from any and all claims, liabilities, losses, damages, expenses, including reasonable attorneys' fees and costs, arising out of any claims relating to your use of this service, website and materials therein.

Electronic Signatures

When using this Site or our service (or the service of our partners), you consent to the use of electronic signatures in accordance with the federal United States Electronic Signature in Global and National Commerce Act (ESIGN) and state Uniform Electronic Transactions Acts (UETAs). You agree that no certification authority or other third-party verification is necessary to validate your electronic signature and that the lack of such certification or verification will not in any way affect the enforceability of your electronic signature or any contract so electronically signed.

Controlling Law and Venue

You agree that the terms herein as well as any disputes arising from my use of TOC and its Site shall be governed by and interpreted in accordance with the laws of the Maryland, excluding its conflicts of law principles.

Agreement to Dispute Resolution By Binding Arbitration

If you have any concerns with your usage of this service or Site, please contact TOC immediately so that we may address the matter. We want you to be satisfied with your experience. However, if it is not possible to resolve a dispute, then TOC and you mutually agree that any and all disputes and/or claims will be resolved through binding arbitration.

As a condition of using this service and Site, TOC and you mutually agree to waive any right to a trial by jury or participation in a class action suit. TOC and you mutually agree that we may only resolve disputes or bring claims in our individual capacity, not as a plaintiff or class member in any class, consolidated or representative action.

Arbitration shall be conducted under the auspices of the Judicial Arbitration and Mediation Services ("JAMS"), in accordance with the chosen association's rules and the laws of the State of Maryland. The arbitrator shall have the power and obligation to decide all matters submitted. In the event that the arbitrator decides that a dispute or claim is not subject to arbitration, TOC and you mutually agree that all such disputes or claims shall be governed by and interpreted in accordance with the laws of the State of Maryland, excluding its conflicts of law principles. In the event that the arbitrator decides that a dispute or claim is not subject to arbitration, TOC and you mutually agree that any and all legal proceedings shall be instituted in a Maryland court.

Copyrights

Copyright © 2024 Trademarks On Call, Inc. All Rights Reserved. All materials presented on this site are copyrighted and owned by TOC, unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

Trademarks

Trademarks On Call is a federally registered trademark owned by TOC. Any third-party use of such trademarks is expressly prohibited, without the written authorization and permission of TOC.

Severability and Integration

If any part of these Terms of Service is found invalid or unenforceable, that part shall be construed so as to reflect, as closely as possible, the original intent of the parties, and all remaining parts shall remain in full force and effect. Any failure to enforce a portion of the Terms of Service is not a waiver of the right to do so later.

Waiver

No failure or delay by TOC in exercising any of its rights, powers, or remedies will operate as a waiver of such rights, powers, or remedies.

Changes to Terms of Service

You agree that TOC may modify these Terms of Service at any time by making such changes to this page. Accordingly, it is your responsibility to review these Terms of Service periodically.