IPWatch, LLC is a Delaware limited liability company in the United States that develops Internet and software technology to aid the public in search of government records, the search of proprietary records, the management of intellectual property, and to provide unique, non-legal services to customers. IPWatch, LLC (hereafter “IPWatch” or the “Company”) is NOT a law firm and cannot provide any legal advice. IPWatch works with attorneys and law firms who use this Site. Any request for trademark filings will be handled by these attorneys or law firms directly (hereinafter “Attorneys”).
GENERAL SERVICE AGREEMENT
In this Agreement, “you” and “your” refers to IPWatch’s customers, prospective customers, and users of this website (“Site”). Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to our customers. Any change of terms shall be binding and effective upon posting of the revised Agreement on our web site. In addition to this Agreement, specific services or information contained within this web site may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.
BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING AGREEMENT.
THESE TERMS REQURE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Nature of IPWatch Products/Services. IPWatch is a software company that develops automation tools and technologies to automate searches for patents, service marks, domain names, and trademarks and to manage intellectual property. The Company has also developed software that automates the assembly of legal information, docketing, alerts, and related processes. The Company is not a law firm and does not provide legal services. Furthermore, the Company is not a legal referral service. The Company provides software technology to give visitors access to IPWatch’s database in order to find service marks, trademarks, patents, and domains and to access its software for use.
IPWatch representatives cannot answer legal questions and you should not share confidential communications or information with them. IPWatch representatives can only answer basic questions about its search engine and direct you to public sources of information that might have answers to your questions. The Company is not a law firm, legal services provider, or a legal referral service. Therefore, IPWatch cannot file trademark applications, nor provide any consultation or advice relating to a particular user’s trademark(s). If asked, IPWatch representatives will give you names of attorneys who may be able to assist you. These attorneys pay for the right to use IPWatch’s database and software.
2. Nature of Legal Services Advertised on this Site. Any legal services (including but limited not, pricing and service descriptions) displayed on this Company’s websites or online properties are provided by Attorneys who hire the Company for paid searches and/or consulting. The Company is not a law firm, nor does it provide legal services. This means that any legal services offered or advertised on Company websites are solely controlled and operated by the offering attorney or law firm. The Company is not privy to the legal services performed by these Attorneys, and you are asked to directly contact and communicate with Attorneys to get any information whether it is confidential, docket information, or otherwise.
The Company makes a sincere effort to verify the reputation, credibility, and qualifications of each Attorney that directly advertises on IPWatch.com. However, by soliciting and/or otherwise utilizing the legal services offered by these Attorneys, you expressly hold the Company harmless from any and all liability arising from the use of such legal services. IPWatch does not have any control over paid search Google ads or other ads that might be displayed next to content on the pages of its websites as these advertisements are displayed through a content network.
You understand and agree that IPWatch.com is a separate software development company that creates software programming code to deliver automated search functionality using free government data as well as non-government public and private data. Please check the Company’s disclaimer for specific information that these data providers require.
You understand, acknowledge, and agree that IPWatch.com is not a law firm, and that IPWatch.com does not earn money from any legal services, in whole or in part. You understand that customer service representatives at IPWatch.com cannot answer your legal questions requiring analysis of your specific facts. You understand that IPWatch customer service can only answer website usability questions related to search and logo design, domain registration, website design, software use, and other non-legal questions on the IPWatch.com website only.
You also understand and agree that you are free to choose any licensed U.S. trademark attorney to represent you and that a complete list of registered attorneys licensed to practice U.S. federal trademark law may be obtained by contacting a State Bar in your state or the United States Trademark Office. You understand and agree that there are law firms in the United States and in other countries that use IPWatch.
Prior to providing any legal services to soliciting users, the Attorneys are required to conduct a conflict of interest check in order to conform to any applicable bar rules and/or regulations. Conflict of interest checks are conducted wholly by these Attorneys. In the event that a conflict of interest exists, these Attorneys are required to notify the applicable users, and, where a conflict of interest cannot be resolved in conformance with applicable bar rules and/or regulations, the law firm has agreed to refund any fees paid in anticipation of the legal services rendered.
3. Nature of Government Data Displayed on IPWatch websites. The government records that are displayed on the IPWatch.com website are public information that has been obtained from various governmental agencies and non-government sources. The Company strives to make its data current and accurate but cannot guarantee the accuracy of the data on this Site. Furthermore, due to refresh delays, the Company cannot guarantee that all the information on the site is completely current. Some information is only available quarterly or longer, and therefore some information will be at least three months out of date.
Sometimes, abandoned, expired, and canceled trademarks are displayed on IPWatch websites. The Company cannot guarantee that these marks are not currently being used or whether there are common law or copyright claims that may be made as to these marks. In some cases, there may be current uses in commerce and common law rights held by these abandoned, expired, and canceled trademarks that may prevent other marks’ registration and/or enforceability. As stated earlier, the Company is not a law firm and does not provide any legal advice. Visitors using data provided by the Site are strongly urged to contact a registered trademark attorney in their local jurisdiction to review the data obtained from this Site so that a legal opinion can be rendered. This can either be an attorney with whom the visitor has had a prior relationship or one of the Attorneys listed on this Site.
4. Nature of Auto-Reminders Produced by IPWatch. Upon your request, the Company may auto-publish and auto-remind you of trademark filings once your filings are made public by a government agency. Such alerts are intended for informational purposes and are based on publicly available data provided by various government agencies or other sources. The Company makes every effort to ensure that such auto-reminders comply fully with any federal and state anti-spam laws but cannot guarantee that they are accurate or will be received by you.
When you open an account to use or access certain portions of the Company’s websites and/or service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name, or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s unauthorized use of your account or password.
6. Ownership This Site is owned and operated by the Company. All right, title, and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the “Materials”) are owned either by the Company or by its respective third party authors, developers, licensors, or vendors (“Third Party Providers”). Except as otherwise expressly provided by the Company or applicable third party providers, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of the Company’s intellectual property rights, whether by estoppel, implication, or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. The Company does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by the Company. Any rights not expressly granted herein are reserved by the Company.
7. Limited Permission to Download. The Company hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational use and provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
8. Links to Third Party Sites. This Site may contain links to other web sites controlled by parties other than the Company (the “Third Party Sites”). The Company works with a number of partners and affiliates whose sites are linked with the Company. The Company is not responsible for and does not endorse or accept any responsibility for the availability, the contents, the products, the services or the use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. The Company makes no guarantees about the content or quality of the products or services provided by such sites. The Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.
9. NO WARRANTY. THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. USE OF ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS 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), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES OF EVERY KIND AND TYPE (REGARDLESS OF WHETHER BASED IN CONTRACT OR TORT) EXCEED THE AMOUNT YOU PAID THE COMPANY FOR THE DIRECT SERVICE THAT CAUSED THE DAMAGE TO YOU.
11. Indemnification. You agree to defend, indemnify and hold harmless the Company, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
12. Unsolicited Submissions. The Company does not want you to submit to it any of your confidential or proprietary information other than materials necessary for the utilization of legal services provided by Attorneys and/or law firms advertising as part of the Company’s advertiser network. All comments, feedback, information or material submitted to the Company through or in association with this Site, which is not for the purposes of soliciting legal services for a law firm advertiser, shall be considered non-confidential and the Company’s property. By providing the Company with such submissions, you hereby assign to the Company, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. The Company shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality, and content.
14. Compliance with Intellectual Property Laws. When accessing the Company website(s), you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of this Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your User ID.
The Company has adopted a policy that provides for the immediate removal of any content, article, or materials that has infringed upon the rights of the Company or of a third party that violate intellectual property rights generally. The Company’s policy is to remove such infringing content or materials and investigate such allegations immediately. If you believe that your copyright has been infringed and you would like the Company to remove the material in question, please contact the Company’s Legal Department.
16. Compliance with Export Restrictions. You may not access, download, use or export the Site or Materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials, or any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.
17. Children. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
19. Agreement for Binding Arbitration. The Company does not anticipate having any disagreements with you, the user, regarding usage of this Site. But if any concerns about these matters arise, please notify us immediately. The Company would endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes ourselves, then you and the Company both hereby agree that all disputes or claims between you and the Company of any nature whatsoever, including but not limited to those relating to use of the Site or the quality or appropriateness of services offered by the Company, shall be resolved by binding arbitration. The Company chooses arbitration because it is usually less expensive and quicker than litigation and will allow us to resolve our disputes privately.
You agree that, by entering into this Agreement, you and IPWatch are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. YOU AND IPWATCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitration shall be conducted by the Judicial Arbitration and Mediation Services (“JAMS”). Subject to the preceding provisions agreed to by the parties in this Section 19, the arbitrator must decide all disputes in accordance with the chosen association’s rules and in accordance with Alabama law, and shall have power and obligation to decide all matters submitted, including arbitrability and legal questions raised by pleading or summary judgment motions. In the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that their respective rights and obligations shall be governed by the laws of the State of Alabama, excluding its choice of law rules. Furthermore, in the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that any and all legal action or proceedings shall be instituted in a state or federal court in Alabama, and in the County of Lauderdale.
You understand that you are free to consult with other counsel about the wisdom of agreeing to arbitration or to any other term of this agreement before accepting it, and you agree that you are voluntarily accepting this agreement.
20. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2015, IPWatch, LLC ALL RIGHTS RESERVED.
21. Trademarks. IPWatch, Inc, IPWatch, IPWatch.com, the IPWatch logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of the Company of its Licensors. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
22. Acknowledgement. BY USING THE COMPANY’S SERVICES OR ACCESSING THE COMPANY’S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
23. Representation. The Company does not represent any clients as it is not a lawyer, law firm, legal services provider, or a legal referral service. Clients form attorney/client relationships directly with law firms, which may include law firms which advertise on the Company’s web properties.
IPWatch is not a lawyer, law firm, legal services provider, or a legal service, is not acting as your attorney, and is not a substitute for an attorney or law firm. The information provided in this Site is not legal advice. IPWatch is a technology company who provides advertising services to attorneys and law firms who chose to advertise their services on IPWatch websites. By using IPWatch you agree to the following:
- IPWatch, LLC is NOT a substitute for an attorney.
- IPWatch, LLC cannot provide you with ANY legal advice. You are encouraged to consult with an attorney in your local geography for legal advice.
- Prices, services, and workflows for trademark filings, patent filings, and services offered on IPWatch, LLC websites are from Attorneys on IPWatch web properties.
- No attorney-client privilege is created with IPWatch, LLC.
You acknowledge and agree that (1) you have been informed of the services provided by law firms and attorneys advertising on IPWatch, LLC and the cost of these services; (2) you may obtain information regarding free or low-cost legal representation through a local bar association or legal aid foundation; and (3) you may also contact local law enforcement, a district attorney, or a legal foundation if you believe that you have been a victim of fraud, the authorized practice of law, or any other injury.
IPWatch, LLC does not, and is not permitted to engage in the practice of law including providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies.
Any legal products and/or services provided by attorney and law firm Attorneys found on IPWatch.com are conducted at the sole discretion of the respective attorney and/or law firm. You understand and agree that IPWatch, LLC and its web properties (including IPWatch.com) have no control or involvement in the legal services provided by attorney and law firm Attorneys, including but not limited to, legal rights, remedies, defenses, options, selection of forms, or strategies.
You understand that any legal filing services provided by attorney and law firm Attorneys on IPWatch are subject to review at the sole discretion of the respective attorney and/or law firm. Any review done by attorney and law firm Attorneys may prolong the filing of my legal documents. Therefore, where your legal filing is considered an urgent matter and/or requires immediate action, you will not utilize the services of attorneys and/or law firms advertising on IPWatch.
If, prior to my purchase, you believe that IPWatch, LLC gave you any legal advice, opinion, or recommendation about your legal rights, remedies, defenses, options, selection of forms, or strategies, you agree not to proceed with this purchase, and any purchase that you do make will be null and void.
IPWatch, LLC exists solely within the County of Lauderdale in the State of Alabama. You agree that regardless of where you reside or where your browser is physically located, your viewing and use of this Site occurs solely within the County of Lauderdale in the State of Alabama, and that all content and services shall be deemed to be served from, and performed wholly within, Florence, Alabama, as if you had physically traveled there to obtain the service. You agree that Alabama law shall govern any disputes arising from your use of this website, and that the state or federal courts of the County of Lauderdale, State of Alabama, or Northwest Alabama shall have exclusive jurisdiction over any disputes.
You understand that you have the right to rescind any agreement for any IPWatch, LLC services within 24 hours of execution by providing IPWatch, LLC with a written statement to that effect.