Trademark Monitoring Service – Terms of Service
The following terms and conditions (“Trademark Terms”) govern the Trademark Monitoring Services (“Monitoring Service(s)”) offered to you by the Northwest Registered Agent LLC; and your request for and use of such services constitutes acceptance thereof. By using our Monitoring Services, you agree to be bound by these Trademark Terms as well as our General Terms of Service, Privacy Policy and other applicable terms of services (collectively “Terms”), which we may change from time to time. You agree to these updated Terms by your use, or continued use, of our Service(s) or website.
Monitoring Services are offered directly by us. Other trademark services you ordered and/or offered by us are provided Law on Call LLC. To help you apply for trademark registration with attorney and legal personnel assistance, please see our Order Trademark Service page.
While we make every effort to ensure the accuracy and reliability of our trademark monitoring service, we cannot guarantee the absence of errors or omissions. Clients are advised to exercise caution and conduct independent verification when making decisions based on the information provided.
1. Our Service.
We provide Monitoring Services which assists you in determining possible trademark infringement of your current or future trademarks. To be clear, Monitoring Services are not legal advice and there is no attorney-client relationship between you and us. We are not a law firm and do not provide any legal advice. At no time is an attorney-client relationship or any other special relationship created between you and us, our affiliates, or our employees, directors, officers and representatives, and any information you provide us is not protected by attorney-client privilege or as an attorney work product. For the avoidance of doubt, the Monitoring Services do not include any legal representation or initiating any legal proceedings (including making any claims or complaints to or before any court or judicial body).
YOU ACKNOWLEDGE THAT WE PROVIDE ONLINE TOOLS AND MATERIALS TO ASSIST IDENTIFYING SIMILAR TRADEMARKS BY PROVIDING TRADEMARK MONITORING SERVICES AND RELATED INFORMATION INCLUDING ANY DESCRIPTIONS, INFORMATION AND OTHER HELP RESOURCES (COLLECTIVELY, THE “INFORMATIONAL MATERIALS”) ARE FOR INFORMATIONAL PURPOSES ONLY; THEY ARE NOT LEGAL ADVICE AND ARE NOT GUARANTEED TO BE CORRECT, COMPLETE OR UP-TO-DATE. YOU UNDERSTAND THAT OUR PROVIDING OF THE MONITORING SERVICE TO YOU IS NEITHER LEGAL ADVICE NOR THE PRACTICE OF LAW, AND THAT THE INFORMATIONAL MATERIALS ARE NOT CUSTOMIZED TO YOUR PARTICULAR NEEDS.
1.1 Limited License.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Monitoring Services for your internal, noncommercial use only and as permitted by the features of the Monitoring Service. We reserve all rights not expressly granted herein in and to the Monitoring Service and the our Company Content (as defined below). We may terminate this license at any time for any reason or no reason.
1.2 User Accounts.
To access most features of the Monitoring Service, you must have an account. Your account (“User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. You may never use another User’s User Account without permission. You must provide accurate and complete information for your User Account, and you must keep this information up to date. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your User Account. By providing Company your email address you consent to our using the email address to send you Monitoring Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Monitoring Service and special offers. You understand and agree that you may not opt-out of Monitoring Services report emails. However, you may update the email address in your User Account to which reports are delivered. Changes in your email address may prevent you from receiving email messages regarding updates, improvements, and or other offers.
1.3 Monitoring Service Rules.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Monitoring Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Monitoring Service; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Monitoring Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through use of the Monitoring Service; (vii) collecting or harvesting any personally identifiable information; (viii) using the Monitoring Service for any commercial solicitation purposes; (ix) interfering with the proper working of the Monitoring Service; or (xi) bypassing the measures we may use to prevent or restrict access to the Monitoring Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Monitoring Service or the content therein.
1.4 Customer Cooperation.
You acknowledge that our ability to deliver the Monitoring Service to you is dependent upon your ongoing cooperation and assistance. You will provide us, on a timely basis, all information, materials, and assistance reasonably necessary for us to provide the Monitoring Service. We will not be responsible for delays or losses resulting from your failure to fully comply with the foregoing.
1.5 Changes to the Monitoring Service.
We may, without prior notice, change the Monitoring Service; stop providing the Monitoring Service or features of the Monitoring Service, to you or to Users generally; or create usage limits for the Monitoring Service. We may permanently or temporarily terminate or suspend your access to the Monitoring Service without notice and with no liability of any kind, including if in our sole determination you violate any provision of the Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by the Terms. Any data, account history and account content residing on the servers running the Monitoring Service may be deleted, altered, moved or transferred at any time for any reason in our sole discretion, with or without notice and with no liability of any kind.
1.6 Monitoring Service Location.
Monitoring Service is primarily controlled and operated from facilities in the United States. We make no representations that the Monitoring Service is appropriate or available for use in other locations. Those who access or use the Monitoring Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Monitoring Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Monitoring Service are solely directed to individuals, companies, or other entities located in the United States.
2. User Content.
2.1 Definition.
Monitoring Service may allow Users to submit, post, display, provide, or otherwise make available content such as profile information, images, text, comments, questions, and other content or information. Any such materials, including any data, information other content, in any form or medium, that a you submit, posts, displays, provides, or that is otherwise received, directly or indirectly (including via a third-party provider), from you (including from an Authorized Representative on your behalf) by or through the Monitoring Service, or provided by you to us to input into the Monitoring Service is referred to as “User Content.” You are solely responsible for the accuracy, content and legality of all User Content. By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Monitoring Service you represent and warrant to us that you have sufficient rights in the User Content to grant the rights granted to us and that the User Content does not infringe or otherwise violate the rights of any third party.
2.2 Rights In User Content.
WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT REMAINS YOURS. By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Monitoring Service, you expressly grant to us a non-exclusive, worldwide, irrevocable, transferable, sublicensable (through multiple tiers), fully paid-up, royalty-free right and license to use, copy store, transmit, modify, and display the User Content in order to: (i) provide the Monitoring Service to you; (ii) perform such other actions as authorized or instructed by you in writing (email inclusive); and (iii) improve our products and services, to develop new products and services, and for its other internal business purposes.
You agree that we may create and use de-identified data related to your use of the Monitoring Services in order to improve our products and services, to develop new products and services, and for its other business purposes (and such de-identified data will be owned by us).
2.3 Warranties Regarding User Content.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Monitoring Service and the Terms, and each such person has released you from any liability that may arise in relation to such use.
- You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
- Your User Content and our use thereof as contemplated by these Terms and the Monitoring Service will not violate any law or violate, misappropriate or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- You will not upload or make available through our Monitoring Service: nudity or other sexually suggestive content; hate speech, threats or direct attacks on an individual or group; abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful racially, ethnically, or otherwise objectionable content; fake or impostor profiles; illegal content or content in furtherance of harmful or illegal activities; malicious programs or code; any person’s personal information without their consent; and/or spam, machine-generated content, or unsolicited messages.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available through Monitoring Service.
3. Our Proprietary Rights.
Except for your User Content, the Monitoring Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Company Content”), and all Intellectual Property Rights related thereto, are our exclusive property (including other Users who post User Content to the Monitoring Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by these Terms is strictly prohibited.
If you or any of your Authorized Representatives sends or transmits any communications or materials to us suggesting or recommending changes regarding the Monitoring Service or our products, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), you hereby grant to us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Monitoring Service such Feedback by you or your Authorized Representatives. We free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback.
4. Definitions.
It is imperative to understand that while we strive for accuracy and reliability, our definition of the terms “Match” and “Secure,” as provided in monthly monitoring reports, are not exhaustive and do not guarantee 100% accuracy or protection against all possible risks.
4.1 Match. The term “Match” encompasses a broad range of potential trademark infringement risks. However, it is essential to acknowledge that our software’s capabilities are finite, and it may not identify every instance of trademark infringement or other matches.
4.2 Secure. The term “Secure” as used in our service does not imply absolute immunity from trademark infringement or other matches. While we strive to limit the risk of trademark, keyword, domain and company name infringement, it is important to recognize that complete protection against all risks is not feasible.
Return to the Northwest Registered Agent LLC Terms of Service.