By accessing and using the Express Trademark Pro website (the "Website"), you acknowledge and agree to the terms and
conditions outlined herein, forming a binding agreement between yourself and https://www.expresstrademarkpro.com/, also
referred to as "we," "us," or "our." This Agreement incorporates our Privacy Policy in full. Should you disagree with
any of these terms, you must refrain from using the Website.
We provide general information and updates related to trademarks and facilitate the preparation and filing of trademarks
through the Website. However, we are not a law firm and do not provide legal advice.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION RIGHTS.
General Conditions for Website Use
By using this Website, you affirm that you:
- Will comply with these Terms of Use.
- Are at least 18 years old.
- Will not copy or redistribute any part of this Website without our prior written consent.
- Will provide accurate and truthful information when creating an account or submitting content.
- Will not share your User ID with others and will remain solely responsible for all activity that occurs under your account.
- Will not use the Website for commercial purposes beyond what is expressly permitted.
- Will not solicit personal information or data from other users or advertisers.
- Are responsible for all content you post, including discussion posts, personal information, external links, videos, and images.
- Grant the Website and other users a non-exclusive license to use, distribute, and display your submitted materials.
- Understand that we may remove your content or suspend your account at our discretion, with or without notice.
Account and Profile Management
To access certain features of the Website, you may be required to create an account. All information you provide
must be accurate and kept up to date. Any user whose access was previously revoked may not create another account
or use someone else’s.
You are responsible for all activities conducted under your User ID, and if you suspect unauthorized use, you
must notify us immediately at info@expresstrademarkpro.com.
User-Generated Content (UGC)
We reserve the right to approve or reject any user-generated content (UGC) that:
Violates copyright, trademark, trade secrets, or other intellectual property rights.
Exploits privacy or publicity rights
Is illegal, false, defamatory, discriminatory, harassing, or otherwise inappropriate.
Damages the reputation of our company or any affiliates.
We are not obligated to remove content that violates these terms but may do so at our discretion. We are not responsible for any harm resulting from UGC.
User Conduct
When using the Website, you agree not to:
Engage in illegal activities.
Attempt to reverse-engineer the Website or access its source code.
Access restricted areas of the Website without authorization./p>
Use the Website for unsolicited marketing or spam.
Use automated tools to gather data from the Website.
Impersonate another user.
Third-Party Links
The Website may contain links to third-party sites not owned or controlled by us. We are not responsible for the content,
privacy policies, or practices of these sites, and inclusion of a link does not imply endorsement.
Termination
We reserve the right to modify or discontinue the Website and its services at any time without notice. This Agreement
may be terminated at our discretion, without prior notice, if you violate any terms. Upon termination, your access to
the Website will be immediately revoked. Certain provisions, including Disclaimers, Limitation of Liability, and
Indemnity, will survive the termination of this Agreement.
Data Display and Search Services
We rely on state records and aim to provide up-to-date information; however, we cannot guarantee its accuracy, reliability, or timeliness.
Calendar Reminders
As part of our services, we may provide reminders regarding trademark deadlines. These are for informational purposes and should not be considered legal advice. It is your responsibility to consult with an attorney regarding specific deadlines relevant to your situation.
Form Creation and Disclaimer
We are a technology platform that assists in form creation. We are not a legal service provider and do not offer legal advice. Any information exchanged between you and our customer service representatives does not constitute legal advice. Our assistance is limited to form preparation, and we do not file trademarks as your legal counsel.
We may review your submissions for completeness but are not responsible for checking for legal accuracy. If you believe you have received legal advice from us, you should not proceed with your purchase.
Retention of Credit Card Information
We retain your credit card information solely for the purpose of paying state filing fees. This information will only be used after you have approved your application, and you will be informed of the costs before filing.
Search and Monitoring Services
Our search services use reasonable methods to identify potential trademark conflicts, but we cannot guarantee that your mark will be approved by the USPTO or that it will be free of claims by others.
We offer federal, state, common law, and global trademark searches, but the results are limited to direct matches or phonetically similar marks. These reports are not legal advice, and you may wish to consult an attorney for further review.
Our monitoring services track newly filed applications that may conflict with your mark, but we do not guarantee the completeness or accuracy of the data provided.
Trademark Application Filing
IF YOU DO NOT TIMELY REVIEW YOUR TRADEMARK APPLICATION DRAFT, YOU AUTHORIZE US TO SIGN AND FILE THE APPLICATION ON YOUR BEHALF, AND YOU AGREE TO PAY THE APPLICABLE GOVERNMENT FILING FEE.
Disclaimers of Warranty and Limitations of Liability
The Website and all related services provided by Express Trademark Pro, its affiliates, officers, directors, agents, vendors, and the merchants advertising on the Website are offered on an "as is," "where is," and "as available" basis. Express Trademark Pro makes no representations or warranties of any kind, either express or implied, regarding the functionality, quality, reliability, accuracy, or availability of the Website or any goods and services described therein. Furthermore, no warranties or guarantees are made regarding the merchantability, fitness for a particular purpose, or non-infringement of rights related to the use of the Website and associated services. To the maximum extent permitted by applicable law, all express and implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby disclaimed.
It is further acknowledged that Express Trademark Pro does not guarantee continuous, uninterrupted access to the Website, nor does it warrant that the Website will be free from errors, bugs, viruses, or other harmful components. Users acknowledge that any use of the Website and reliance on the content therein is done entirely at their own risk. Any disruptions, downtimes, or inaccuracies experienced on the Website are not grounds for liability claims.
Under no circumstances shall Express Trademark Pro, its affiliates, officers, directors, agents, vendors, and merchants advertising on the Website be held liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for lost profits, lost data, loss of goodwill, business interruptions, or any other intangible losses arising out of or related to the use or inability to use the Website or services provided therein, even if the possibility of such damages was foreseeable.
Some jurisdictions may not allow the exclusion or limitation of certain warranties or liabilities, in which case the exclusions and limitations herein shall apply to the fullest extent permissible under applicable law. In such cases, the liability of Express Trademark Pro and its affiliates shall be limited to the maximum extent permitted by law.
In the event of any dispute, the sole and exclusive remedy available to users shall be the discontinuation of their use of the Website.
Indemnification
You hereby agree to indemnify, defend, and hold harmless Express Trademark Pro, its affiliates, officers, directors, employees, agents, vendors, and merchants advertising on the Website from and against any and all claims, liabilities, damages, losses, costs, and expenses, including but not limited to reasonable attorneys' fees and court costs, arising from or in connection with: (i) your breach of any of these Terms of Use; (ii) your violation of any third-party rights, including but not limited to intellectual property, privacy, or proprietary rights; and (iii) any claims arising from the content you submit, post, or transmit through the Website.
This indemnification obligation will survive the termination or expiration of these Terms of Use and your use of the Website.
Dispute Resolution
For the purposes of this section, references to "Express Trademark Pro," "you," and "us" are inclusive of the respective subsidiaries, affiliates, agents, employees, business partners, successors, and assigns, including authorized or unauthorized users or beneficiaries of services or products under these Terms.
Definition of Dispute
- A "Dispute" is defined as any dispute, claim, or controversy between you and Express Trademark Pro, including its officers, directors, agents, parent companies, and vendors, that arises out of or relates to these Terms, the use of the Website or services, or any aspect of the relationship between the parties, whether based in contract, tort, statute, or any other legal theory.
Arbitration Agreement
- All Disputes shall be resolved exclusively and conclusively through binding individual arbitration conducted by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), which shall preempt any state laws governing arbitrations.
- You acknowledge that arbitration is mandatory and irrevocable, meaning neither party shall have the right to litigate any Dispute in a court of law, nor shall they have the right to a jury trial or to engage in discovery, except as provided for under the AAA rules. The arbitrator’s decision will be final and binding, and the judgment on the arbitration award may be entered in any court having jurisdiction.
- The arbitration provisions in these Terms will survive the termination of this Agreement or the bankruptcy of any party. In the event that any portion of this arbitration clause is deemed unenforceable or invalid, the remaining provisions shall continue to be enforceable.
Class Action Waiver
- You agree that any Dispute shall be resolved on an individual basis only and that no class actions, private attorney general actions, or any other representative actions will be permitted in arbitration or otherwise.
Right to Opt-Out of Arbitration
- You have the right to opt out of binding arbitration and the class action waiver within 30 days of accepting these Terms by sending written notice to Express Trademark Pro at info@expresstrademarkpro.com with the subject line "Opt-Out." Your notice must include your name, address, and a clear statement indicating your wish to opt out of arbitration. Failure to submit a timely opt-out notice will result in you being bound by this arbitration provision.
Arbitration Proceedings
- Arbitration will be conducted under the rules and procedures of the AAA. If the amount in dispute is $75,000 or less, supplementary procedures for consumer-related disputes will apply. In such cases, Express Trademark Pro will reimburse your filing fees and cover the arbitrator's fees and expenses. Arbitration will take place in your county of residence or in California, US, at your discretion, and may be conducted by telephone or in person, depending on the circumstances of the Dispute.
Judicial Resolution
- If arbitration is not pursued by either party, or a court does not compel arbitration for any reason, any remaining
Disputes will be resolved exclusively by a court of competent jurisdiction located within the State of California.
Both parties expressly waive any right to a jury trial in any such court proceeding.
Intellectual Property
All intellectual property rights associated with the Website, including but not limited to trademarks, copyrights, and proprietary technologies, are owned by Express Trademark Pro or its licensors. You are granted a limited, non-exclusive, revocable license to use the Website solely for your personal, non-commercial use, subject to your compliance with these Terms.
Express Trademark Pro retains all rights, title, and interest in and to all content made available on the Website, including but not limited to text, graphics, logos, photographs, software, videos, and interactive features, unless such content is provided by Merchants who retain ownership of their marks. No content from the Website may be reproduced, modified, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior written consent of Express Trademark Pro or the respective owners.
Users retain ownership of any intellectual property contained in the User-Generated Content (UGC) they post on the Website. However, by submitting such content, users grant Express Trademark Pro an irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, publicly display, and create derivative works from the UGC in any form or medium.
REFUND POLICY
At Express Trademark Pro, we are committed to providing excellent service and client satisfaction. Should you be dissatisfied with our services, we encourage you to reach out to us directly at info@expresstrademarkpro.com or +1-877-291-6577 so that we can address your concerns.
Please note that no refunds are offered once work on your trademark filing or any related services has commenced, including any fees paid to the United States Patent and Trademark Office (USPTO) on your behalf. However, if you request a refund before the completion of a trademark search or clearance report, we will process a refund using the same payment method originally used. If you paid by credit card, the refund will be issued to the card used during payment. Alternatively, you can choose to apply the refunded amount as a credit toward future services.
Express Trademark Pro is not liable for delays, rejections, or other outcomes stemming from USPTO actions, as these are beyond our control and do not constitute grounds for a refund. Similarly, errors in filings that result from inaccurate or incomplete information provided by you will not qualify for a refund.
MODIFICATIONS TO TERMS
We reserve the right to amend or modify these Terms of Use at any time. If significant changes are made, we will inform you by email or by posting a notice on the Website. Continued use of the Website following such changes indicates your acceptance of the revised Terms.
CONTACT INFORMATION
For any inquiries related to these Terms of Use, please contact us:
