Terms of Service

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By continuing to use the Usmarkguard website (the “Website”), you agree to be bound by these Terms of Service, forming a legal agreement between you and Usmarkguard, LLC (referred to as “we,” “us,” or “our”). These Terms also incorporate our Privacy Policy, which is described in detail below. If you do not agree to these Terms, please refrain from using the Website.

We provide general guidance and updates regarding trademarks, along with a platform to help users prepare and submit trademark applications. Usmarkguard is not a law firm and is not authorized to provide legal advice or legal services.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION RIGHTS.

TERMS OF WEBSITE USE

  • Use of this Website is conditional upon your acceptance of these Terms of Service;
  • You are at least 18 years old;
  • You will not copy, distribute, reproduce, or use any content from this Website without prior written authorization;
  • You will provide truthful and accurate information when registering an account, submitting content, or uploading materials;
  • You will not share your User ID with any other individual;
  • You are solely responsible for all activity conducted under your User ID;
  • You will use the Website only for the authorized commercial purposes as provided herein;
  • You will not collect or solicit personal information from other users, merchants, or advertisers;
  • You are fully responsible for all content submitted under your User ID, including any text, images, videos, or links, and for securing all necessary rights to post such content;
  • By submitting content, you grant the Website a non-exclusive, worldwide license to display, reproduce, distribute, create derivative works from, and use such content;
  • We retain the right to remove any content or suspend your account at our discretion without prior notice.

USER ACCOUNT

Access to certain features may require creating an account or profile. All information provided must be accurate and updated regularly. Anyone previously prohibited from using the Website may not create a new account or use another person’s account to circumvent the restriction.

Sharing User IDs is strictly prohibited. You are fully responsible for all access to the Website under your User ID. If you suspect your User ID is being used without authorization, please notify us immediately at info@usmarkguard.com.

CONTENT GUIDELINES

All content you submit (“User Generated Content” or “UGC”) must not:

Violate copyrights, trademarks, trade secrets, or other intellectual property rights of any third party;

Infringe on privacy, publicity, or other rights of third parties;

Be unlawful, defamatory, false, discriminatory, hateful, obscene, abusive, threatening, harassing, sexually explicit or pornographic, or otherwise inappropriate;

Damage the reputation of Usmarkguard, its affiliates, partners, advertisers, or other third parties.

We are not obligated to remove content that violates these terms, but may do so at our discretion. We are not liable for any loss or damage resulting from UGC.

USER CONDUCT

By using this Website, you agree not to:

Engage in any illegal activity;

Attempt to reverse engineer, hack, or interfere with the operation of the Website or its source code;

Attempt unauthorized access to restricted areas;

Use the Website for unsolicited email marketing or spamming;

Extract or scrape data using automated or manual methods;

Interfere with the operation or functionality of the Website;

Pretend to be another user or entity.

THIRD-PARTY LINKS

The Website may include links to third-party websites, which are not controlled or owned by Usmarkguard. We are not responsible for their content, privacy policies, or practices. Inclusion of links does not constitute endorsement or recommendation.

TERMINATION

We reserve the right to modify, suspend, or terminate the Website or your access at any time without notice. We may terminate these Terms immediately if you violate them. Certain provisions, including disclaimers, liability limits, content rights, and arbitration clauses, will remain in effect after termination.

DATA ACCURACY

We rely on public and state records to display information on this Website. While we strive to provide accurate data, we cannot guarantee its completeness, timeliness, or reliability.

NOTIFICATIONS & REMINDERS

Usmarkguard may provide automated reminders for upcoming trademark deadlines. These reminders are informational only and do not constitute legal advice. Consult an attorney for guidance on specific deadlines for your trademark.

FORM CREATION & DISCLAIMER

We are a technology platform that assists in form creation and document preparation, not a legal service provider. Any forms provided are based on your input and uploaded files. Customer service cannot provide legal advice, and your filing remains your responsibility. Forms do not constitute legal guidance, and we are not liable for legal outcomes.

We may review your data for completeness, accuracy, or administrative errors, but we do not provide legal review, advice, or opinions. Any assumption of legal guidance is incorrect, and purchases or usage of forms do not replace legal counsel.

We retain your payment information to cover any required government filing fees, only charging after your approval. Drafts are provided for review, and if you do not respond, we may file on your behalf and charge the applicable filing fee.

SEARCH SERVICES

Our trademark search services use commercially reasonable methods to identify similar marks, but cannot guarantee USPTO approval. Searches may miss conflicting marks, and approval is not assured. Global, federal, and state searches examine direct matches, phonetic similarities, translated equivalents, and design similarities.

TRADEMARK MONITORING

We monitor new applications that may conflict with your marks based on visual similarity, phonetics, or translation across USPTO records and other applicable sources.

DISCLAIMERS & LIMITATIONS OF LIABILITY

The Website and services are provided “as is” without warranties of any kind. We disclaim liability for errors, interruptions, or damages resulting from use. Your sole remedy is to cease using the Website. Usmarkguard and affiliates are not responsible for indirect, special, or consequential damages.

INDEMNITY

You agree to indemnify and hold Usmarkguard and its affiliates harmless from any claims, losses, or expenses arising from your violation of these Terms or third-party rights.

DISPUTE RESOLUTION

Disputes are governed by the Federal Arbitration Act and resolved through binding arbitration under AAA rules. Class actions are waived. California law governs non-arbitration matters.

INTELLECTUAL PROPERTY

All intellectual property on the Website, including trademarks, copyrights, and content, remains the property of Usmarkguard. User-generated content grants us a perpetual, worldwide license to use, reproduce, and display the content.

COPYRIGHT NOTICE

If you believe your copyright is infringed, submit notice to info@usmarkguard.com including:

  1. Your authorized signature;
  2. Identification of the copyrighted work;
  3. Identification of infringing content;
  4. Contact information;
  5. Statement of good-faith belief of infringement;
  6. Statement of accuracy under penalty of perjury.

ENTIRE AGREEMENT

These Terms and the Privacy Policy constitute the full agreement between you and Usmarkguard.

MODIFICATIONS

We may update these Terms or Privacy Policy at any time. Continued use of the Website constitutes acceptance of changes.

AUTHORIZATION

By submitting an order, you authorize Usmarkguard to receive USPTO correspondence regarding your trademark, improving our ability to provide services like monitoring and notifications.

REFUND POLICY

Usmarkguard aims for 100% customer satisfaction. Errors in filings will be corrected at no extra cost. Only service fees are refundable; government fees are non-refundable. Refund requests must be submitted prior to completion of the trademark search report.

MISCELLANEOUS

We may limit or discontinue products/services at our discretion. Prices and descriptions are subject to change. Section headings are for convenience and do not affect enforceability. Invalid provisions do not impact the remainder of the Terms.