PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using safeguardtrademark.com, Inc. website (the "Site") or any Safeguard TradeMark applications or application plug-ins ("Applications"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, or Application user, "we", "us" and "our" refer to safeguardtrademark.com, Inc. and "Services" refers to all services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Care Center.
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require 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, as described in Paragraph 6 below.
safeguardtrademark.com provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to acquire our legal services for Trademark registration and other services mentioned on our website.
Safeguard TradeMark strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Safeguard TradeMark cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Safeguard TradeMark provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed Experts in your area.
From time to time, Safeguard TradeMark may perform certain Experts access services and introduce our visitors to Experts through various methods, including but not limited to
(i) legal plans
(ii) third party Experts directory listings
(iii) third party limited scope agreements
At no time is an Experts-client relationship fostered or created with Safeguard TradeMark through the performance of any such services.
This Site and Applications are not intended to create any Experts-client relationship, and your use of Safeguard TradeMark does not and will not create an Experts-client relationship between you and Safeguard TradeMark. Instead, you are and will be representing yourself in any legal matter you undertake through Safeguard TradeMark's legal document service.
1. Privacy Policy
Safeguard TradeMark respects your privacy and permits you to control the treatment of your personal information. A complete statement of Safeguard TradeMark's current Privacy Policy can be found by clicking here. Safeguard TradeMark's Privacy Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as 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 a third party's account, user name or password at any time. You agree to notify Safeguard TradeMark immediately of any unauthorized use of your account, user name or password. Safeguard TradeMark shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Safeguard TradeMark, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
In connection with the use of certain Safeguard TradeMark products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Safeguard TradeMark a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service.
2. Ownership
This Site and Applications are owned and operated by safeguardtrademark.com, Inc. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Safeguard TradeMark or by our respective third-party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Safeguard TradeMark, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Safeguard TradeMark's intellectual property rights, whether by estoppel, implication or otherwise. Safeguard TradeMark does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Safeguard TradeMark. Any rights not expressly granted herein are reserved by Safeguard TradeMark.
3. Limited Permission to Download
Safeguard TradeMark hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, Trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites
This Site and Applications may contain links to websites controlled by parties other than Safeguard TradeMark (each a "Third Party Site"). Safeguard TradeMark works with a number of partners and affiliates whose sites are linked with Safeguard TradeMark. Safeguard TradeMark may also provide links to other citations or resources with whom it is not affiliated. Safeguard TradeMark is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third-Party Site or any changes or updates to such sites. Safeguard TradeMark makes no guarantees about the content or quality of the products or services provided by such sites. Safeguard TradeMark is not responsible for webcasting or any other form of transmission received from any Third-Party Site. Safeguard TradeMark is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Safeguard TradeMark of the Third-Party Site, nor does it imply that Safeguard TradeMark sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered Trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that Safeguard TradeMark 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 any such Third-Party Site.
5. Use of Safeguard TradeMark Legal Forms
On our Site, through our applications, and through certain partners, we offer self-help "fill in the blank" forms.
6. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND Safeguard TradeMark TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 6(g), BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND Safeguard TradeMark FROM SUING IN COURT OR HAVING A JURY TRIAL.
(a) No Representative Actions. You and Safeguard TradeMark agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and Safeguard TradeMark and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to "Safeguard TradeMark," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
(b) Arbitration of Disputes. Most concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center. In the unlikely event that the Safeguard TradeMark Customer Care Center is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute you after attempting to do so informally), this Section 6 applies. Except for (i) individual actions in small claims court located in the county of your billing address or (ii) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Safeguard TradeMark agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in court. Disputes include, but are not limited to, (a) those arising out of or related to these Terms or our Services, and (b) those related to advertising, privacy, data security, and the use of our website. This Arbitration Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, Disputes arising before you accepted these or any prior Terms, Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class, and Disputes asserted against Safeguard TradeMark by those you list as authorized contacts on your order.
(c) Arbitration Procedures. For any Dispute that you have against Safeguard TradeMark, or that Safeguard TradeMark has against you, you and Safeguard TradeMark agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against Safeguard TradeMark, you will first contact Safeguard TradeMark by sending a written notice of your Dispute (“ Claimant Notice”) to Safeguard TradeMark by U.S. certified mail addressed to Notice of Dispute, General Counsel, safeguardtrademark.com, Inc., 101 North Brand Blvd., 11th Floor, Glendale, CA 91203; a courtesy copy of the Notice should also be sent by email to legalnotice@safeguardtrademark.com. The Claimant Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. For any Dispute that Safeguard TradeMark may have against you, we will provide you notice (“ Safeguard TradeMark Notice ”) in similar form to that described above via the mailing address and email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Safeguard TradeMark first send the applicable Notice so that the parties can engage in this informal dispute resolution process.
If you and Safeguard TradeMark cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth herein, in court. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator. Unless the parties agree in writing to a different location, arbitration proceedings will be held in Los Angeles County, CA; if you are a Consumer, however, you may elect to hold the arbitration in your county of residence. For purposes of this Section 6, a “ Consumer” means a person using the Services for personal, family or household purposes.
You and Safeguard TradeMark acknowledge that the purpose of this Section 6 is to streamline the dispute resolution process and that Coordinated Filings are likely to frustrate that purpose. As a result, you agree not to assert a demand for arbitration as part of a Coordinated Filing. A “Coordinated Filing” is any demand for arbitration where the underlying claim is similar to at least ten (10) or more other pending demands for arbitration and where representation for that demand is consistent or coordinated with such other demands. Without limiting any remedies, in the event your demand is part of a Coordinated Filing, we may, at our option, decline arbitration and instead litigate the claim in a civil court of competent jurisdiction in accordance with the terms of Section 19.
(d) Individualized Arbitration Proceedings and Remedies. You and Safeguard TradeMark agree that these Terms affect interstate commerce and that the enforceability of this Section 6 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “ FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to grant any relief that would otherwise be available in court and to make all procedural and substantive decisions regarding any Dispute, including those arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability, or validity of the Arbitration Agreement or any portion thereof. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one claimant.
(e) Confidentiality. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. You and Safeguard TradeMark agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration.
(f) Payment of Arbitration Fees. The costs of arbitration shall be governed by the AAA's fee schedules. If you are a Consumer and you initiate arbitration of a Dispute, you agree to pay the applicable AAA Consumer Case Filing Fee, and Safeguard TradeMark will pay the remaining AAA fees and costs. If you are not a Consumer and you initiate arbitration of a Dispute valued at less than $75,000, you agree to pay $250 towards any arbitration filing fees and Safeguard TradeMark will pay the remaining AAA fees and costs. If you are not a Consumer and your arbitration proceeding is valued at $75,000 or more, you and Safeguard TradeMark will share equally the costs and fees of AAA Commercial Arbitration. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees will be governed by the applicable AAA Rules.
(g) Opt Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 6 by sending, via U.S. certified mail, a written Notice of Opt Out to Safeguard TradeMark. The Notice of Opt Out must be addressed to: Notice of Opt Out, General Counsel, safeguardtrademark.com, Inc. A courtesy copy of the Notice of Opt Out should also be sent by email to info@safeguardtrademark.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19, though, as stated above, you agree any such action will be brought as an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(h) Additional Terms. If any portion of this Section 6 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 6 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 6; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
If you wish to seek public injunctive relief against Safeguard TradeMark, such claim (and only such claim) must be severed from the arbitration and brought in court in accordance with the provisions of Section 19.
You and Safeguard TradeMark agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.
7. Additional Terms. Some Safeguard TradeMark Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
8. Reviews, Comments, Communications, and Other Content. At various locations on the Site or through Applications, Safeguard TradeMark may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.
Rights and Responsibilities of Safeguard TradeMark
Safeguard TradeMark is not the publisher or author of the User Content. Safeguard TradeMark takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Safeguard TradeMark takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If Safeguard TradeMark's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Safeguard TradeMark reserves the right to delete those files or to stop those processes. If the Safeguard TradeMark technical staff suspects a user name is being used by someone who is not authorized by the proper user, Safeguard TradeMark may temporarily disable that user's access in order to preserve system security. In all such cases, Safeguard TradeMark will contact the member as soon as feasible.
Safeguard TradeMark has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities of Safeguard TradeMark Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Safeguard TradeMark service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
that is known by you to be false, inaccurate or misleading;
that infringes anyone's copyright, patent, Trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
that contains any computer virus, worms, or other potentially damaging computer programs or files;
that otherwise violates these Terms of Use.
Experts that submit User Content and provide advice do so at their own risk.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant Safeguard TradeMark a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of Safeguard TradeMark. Safeguard TradeMark permits anonymous or pseudonymous accounts. Any user may request that such member's email address be hidden to provide for additional privacy.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that Safeguard TradeMark may use your email address to contact you about the status of your review and other administrative purposes.
9. NO WARRANTY
THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Safeguard TradeMark EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Safeguard TradeMark MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, 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, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, 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, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. Safeguard TradeMark 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 AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD Safeguard TradeMark AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING Experts' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF Safeguard TradeMark HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF Safeguard TradeMark, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Unsolicited Submissions.
Except as may be required in connection with your use of Safeguard TradeMark Services, Safeguard TradeMark does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Safeguard TradeMark through or in association with this Site shall be considered non-confidential and Safeguard TradeMark's property. By providing such submissions to Safeguard TradeMark you hereby assign to Safeguard TradeMark, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Safeguard TradeMark 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.
12. Compliance with Intellectual Property Laws.
When accessing Safeguard TradeMark or using the Safeguard TradeMark legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the 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 Safeguard TradeMark user account.
Safeguard TradeMark has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Safeguard TradeMark or of a third party or that violate intellectual property rights generally. Safeguard TradeMark's policy is to remove such infringing content or materials and investigate such allegations immediately.
13. Inappropriate Content
When accessing the Site, any Applications, or using Safeguard TradeMark's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Safeguard TradeMark reserves the right to terminate or delete such material from its servers. Safeguard TradeMark will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
14. Compliance with Export Restrictions.
You may not access, download, use or export the Site, Applications, or the 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 the 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 or used for any prohibited purpose.
15. Personal Use
The site is made available for your personal use on your own behalf.
16. Children
Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
17. Non-English-Speaking Customers
Certain materials on the Safeguard TradeMark site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
18. Customers Needing Extra Assistance
Safeguard TradeMark aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Safeguard TradeMark website, or otherwise have difficulties using the Safeguard TradeMark website, please call our customer care.
19. Governing Law; Venue
Any dispute arising from these Terms and your use of the Services or the Site will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles County, California. You consent to personal and exclusive jurisdiction in these courts.
20. Copyrights
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, safeguardtrademark.com, ALL RIGHTS RESERVED.
21. Trademarks
Safeguard TradeMark, all images and text, and all page headers, custom graphics and button icons are service marks, Trademarks and/or trade dress of Safeguard TradeMark. All other Trademarks, product names and company names or logos cited herein are the property of their respective owners.
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