As of Sept, 2016
These terms govern your use of the Name Warden web site, service, and data, at namewarden.net or off-site via email or other means, and all related data and activity (“Service”). We will use the terms “you,” “your,” “yourself,” and “yours” in these terms to refer to you, your employer, successors in interest, and any other related organizations and individuals. You agree to be bound by these terms in all dealings and claims and interactions with Name Warden, LLC, related entities and individuals, as well as any assignees or successors in interest (referred to here as “Name Warden,” “we,” or “us”).
The Service allows you to use the data procured from the U.S. Patent and Trademark Office to manage and improve your trademark practice. We will make every effort to insure data integrity and completeness, but are dependent upon the data made available by the USPTO, and on the translation and handling of that by our own information process, any of which may be imperfect from time to time. You agree that any omissions or mistakes in the Service will not be cause for any claim or action by you against us.
Your account set-up efforts are important, and are key to making the service operate correctly for you. If you do not select an auto-add criteria within the “My Account” part of the Name Warden site, your docket will not be updated to add new applications or registrations as you add them to your practice. We will endeavor to send you clear and non-annoying reminders from time to time, but we are unable to choose those auto-add criteria for you.
When mistakes, glitches, remote service interruptions, data center problems, power outages, weather, or any other disruption happens, we will do all that is possible to avoid and minimize impact on your data, your account, and your work-in-progress with us. But you understand that we cannot guarantee 100% up-time, 100% data retention, 100% security, or 100% error-free operation of the service. In the event of any problems with the Service, or potential claims that you may have against us, please see the Limitation of Liability section below.
Payment and subscription terms are explained on the different payment screens on the site. If you have any questions about your payment plan or subscription level, please email firstname.lastname@example.org or message us via our Contact page or on-site help feature (the little green (?) Help emblem to the bottom right of most areas of our sites).
You agree that we will automatically renew your account by processing periodic (usually monthly) payments on your credit card or bank account EFT that we have on file, unless you give us at least 10 days’ advance notice of termination of your account before your next payment is due. You can give us notice of termination either via email to email@example.com, by message from our Contact page, or on your account page.
If any payment means (credit card, ACH, e-check, other electronic transfer, etc.) fails to process when attempted by our payments system, we reserve the right to re-attempt to process the payment up to two more times. Upon failure of payment, we will email you to let you know to change or update your payment method, but your account access will not change until 10 days after the expiration of your current payment period. If you do not make arrangements for successful payment during that 10-day period, your account access and email alerts will be discontinued until payment is re-established. If payment is not re-established within 45 days of the original due date, we reserve the right to delete your account and associated data, and we will not be liable for any damage, disruption, or inconvenience that such account termination may cause.
A terminated account, including one in which the free trial period has not been converted to a paid membership, will retain its associated data for a limited period of time, generally a few days, before we will delete it. Activating or re-activating your account within that time period by purchasing an account plan will allow you to maintain that data. However, you understand that if your activation or re-activation comes after that your period of data retention is over, you will need to re-establish your account data and settings from the beginning.
Except for communications with others whom you serve or with whom you work for the protection of trademarks owned by yourself or your clients, you must not engage in the uploading, posting, re-posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale, assignment, transfer or creation of data, derivative products or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the Service.
You must not post, transmit, publish, disseminate, or otherwise communicate any information or material: (a) that is defamatory, libelous, indecent, obscene, fraudulent, threatening, abusive, or invades another person’s privacy, proprietary or any other legal rights; (b) that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Service or the proper functioning of any software, hardware, equipment or materials used in connection with the Service; (c) that is bulk unsolicited advertising, promotional information, e-mail, or other solicitation, including without limitation, junk mail, “spam,” chain letters or pyramid schemes of any sort, to any person through the use of the Service. We reserve the right to take any appropriate action if we become aware of any use of the Service which we believe violates any law or is otherwise wrongful.
You must not use the Service if you are acting on behalf of a company that offers services that are competitive with ours, or allow any third parties that are or may be competitive with us to access the Service through your account. You must not use the Service to gain information for the purpose of conducting activity that may be harmful to us. You agree that violation of this paragraph will result in indefinite but substantial harm to Name Warden, LLC, which shall have the right to collect liquidated damages from you for violation of this paragraph in the amount of $25,000.00 per each incident of access or use in violation of this paragraph.
If you receive contact information of others through our Service, you agree to abide by all legal, regulatory, and ethical constraints governing your use of such information, including anti-spam restrictions, ethical rules applicable to your profession, and other laws, rules, and regulations. You agree that any actual or alleged failure to abide by these requirements or guidelines will not be grounds for any claim or liability by you or by any third party against us. You further agree to defend, indemnify, and hold us harmless against any claim or action relating to your use of contact information gained through the Service.
Limitation of Liability
We will not be liable for any loss or injury caused in whole or in part by negligence or omission in procuring, compiling, interpreting, editing, writing, reporting, or securing, any information or data through the Service. We will not be liable for any decision or action taken by you in reliance upon the Service. We will not be liable for any consequential, special damages, lost profits, malpractice claims, inconvenience, or loss of use of the Service, even if advised of the possibility of such damages, no matter what kind of claim or claims are brought, and by whom.
The extent of our liability to any entity or individual, or to the successors or assigns of any of them for any claim or matter, whether brought in contract, tort, or otherwise, is limited to amounts paid under this agreement during the calendar year preceding the first assertion of the claim, by the claiming account holder or by the single account holder to which the claims most closely relate. If any claim or matter relates to more than one party, this maximum liability will be the largest amount paid by any one such party in the calendar year preceding the first assertion of the claim, regardless of the number, identity, or status of the claimants. Where more than one entity or individual related to us is subject to any claim or matter, the recovery of the claimant or claimants will be limited as a group as provided by this paragraph, as if all subjected parties were a single entity.
The venue for any claims by you or any other person or entity claiming through you shall be the state or federal courts in the City of Richmond, Virginia, and the laws of the United States and the Commonwealth of Virginia will apply, without regard to choice of law rules. You waive all objections to venue and jurisdiction, including forum non conveniens arguments.
Copyright © 2016 – Name Warden, LLC – made in #RVA