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TRADEMARKS ON CALL, INC - Terms of Service


By using Trademarks On Call, Inc (hereinafter "TOC"), its website TrademarksOnCall.com or other TOC online properties, you agree to follow and be bound by these Terms of Service. You further 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.


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. 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.


Legal Service Advertisements

TOC invites attorneys and law firms to advertise 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. TOC and its 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. 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.


Government Data on Website

Public information including government records are displayed on 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 TOC website.


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.


Disclaimer of Warranty and Limitation of Liability

The website 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 website, materials provided and 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 WEBSITE OR PROVIDED MATERIALS WILL BE SUITABLE FOR YOUR REQUIREMENTS; (B) THE WEBSITE OR RESULTS OBTAINED BY USE OF THE WEBSITE WILL BE ACCURATE OR ERROR FREE; OR (C) THE WEBSITE OR PROVIDED MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY AND/OR ERROR-FREE BASIS. THE USE OF THE WEBSITE 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.


Controlling Law and Venue

You agree that the terms herein as well as any disputes arising from my use of TOC and its website 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 website, 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 website, 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

All cited text, graphics and website design: © 2016 Trademarks On Call, Inc. All Rights Reserved.


Trademarks

Trademarks On Call is a trademark owned by 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.


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.