TERMS AND CONDITIONS FOR APPLYING
TO RECEIVE FREE TRADEMARK APPLICATION SERVICES
Trademark Access is offering Free TM Application Services (as described below) to a few select applicants in the United States as part of an ongoing effort to assist small businesses and increase the national visibility of Trademark Access’s online trademark application services. These Terms and Conditions apply to your application for receipt of Free TM Application Services. Not all applicants and/or applications for the Free TM Application Services program will be selected and selection of an applicant for Free TM Application Services is in the sole discretion of Trademark Access. Please review the below Terms and Conditions before submitting your application.
“Sponsor”: The Free TM Application Services is sponsored by Clegg, P.C., dba Trademark Access (“Sponsor”), 299 S. Main St., Suite 1300, Salt Lake City, Utah.
Eligibility: Application to receive free trademark applications services (“Free TM Application Services”) is open to legal United States businesses or residents. Resident who are individuals must be at least 18 years or older. All business owners must be at least 18 years of age or older. Limit one entry per person, per business and per email address. All entries are subject to a conflict-of-interest check and no services will be provided when, in Sponsor’s determination and sole discretion, a conflict-of-interest exists or a likelihood of a conflict-of-interest exists.
Free TM Application Services: The Free TM Application Services will be limited to the preparation and filing of a United States Trademark Registration Application with the United States Patent and Trademark Office (“USPTO”) and the preparing and filing of non-substantive office action responses in connection therewith, but shall not include:
a. trademark search services;
b. preparing and/or filing of substantive office action responses;
c. the payment of any fees (filing or otherwise) to the USPTO;
d. preparing or filing of any Statements of Use or Requests for an Extension of Time to File a Statement of Use;
e. any services or fees associated with any appeals;
f. any services or fees associated with any opposition or cancellation proceeding;
g. monitoring or maintenance of any trademark registration after issuance of a Certificate of Registration by the USPTO;
h. or payment of any other out-of-pocket expenses not otherwise covered in the above paragraphs.
Upon request, but in the discretion of Sponsor, any services and fees not included in the Free TM Application Services or not expressly covered thereby may be provided by Sponsor for such fee or charge as may be quoted by Sponsor at the time of the request for the additional services.
Discretion: Offering of the Free TM Application Services is in the complete and absolute discretion of Sponsor and any legal representation or offering of services by Sponsor may be terminated by Sponsor at any time (subject to any requirements by the USPTO for withdrawal of representation).
How to Enter, Selecting Applicants: Eligible applicants may apply to receive the Free TM Application Services by completing the following steps:
1. Applicant will complete the information requested by the online submission form at: https://www.trademarkaccess.com/apply-for-free-trademark-application/
2. Applicant will provide a minimum of a 50 word explanation of why applicant believes it should be selected to receive the Free TM Application Services. Applicant may include any non-confidential information that applicant believes would assist Sponsor in making a decision whether or not to offer applicant Free TM Application Services. Such information may include, but is not limited to:
a. Nature of your company or business;
b. History of your company or business;
c. The size and age of your company or business;
d. The strength of your online presence;
e. Factors that set your company or business apart from others;
f. Things that make your company or business cutting edge;
g. Efforts by your company or business to give back to engage in community service or otherwise give back to the community; or
h. Whether or not applicant is a veteran of the United States military or owned by a veteran of the United States military.
4. Applicants that receive Free TM Application Services will be selected by Sponsor in Sponsor’s sole discretion.
5. Submissions for Free TM Application Services by an applicant may not contain, as determined by Sponsor, in its sole discretion any content that: is sexually explicit; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; promotes illegal drugs or firearms/weapons (or the use of any of the foregoing); promotes the illegal use or abuse of tobacco or alcohol; promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted entries; defames, misrepresents or contains disparaging remarks about other people or companies; contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses of others; contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission; contains any individual other than the applicant and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to sponsor; contains look-alikes of celebrities or other public or private figures, living or dead; communicates messages or images inconsistent with the positive images and/or good will to which sponsor wishes to associate; and/or violates any law.
Free TM Application Services Program Selection Period: The Free TM Application Services program begins February 1, 2015. Sponsor will review application submissions from time-to-time. Periodically, applicants will be selected by Sponsor to receive Free TM Application Services. Applicants not selected to receive Free TM Application Services may periodically be contacted by Sponsor to assess the applicant’s interest in purchasable trademark services or related offers or discounts. The times and periods in which Sponsor decides to select applicants for receipt of Free TM Application Services will be determined by Sponsor in its sole discretion.
Selection of Applicants: Applicants will be selected in the sole determination and discretion of Sponsor at times determined by Sponsor in Sponsor’s sole discretion based on Sponsor’s evaluation, judgment, and perception of what ongoing value the Free TM Application Services program or any particular applicant may contribute toward Sponsor’s goal of increasing the national visibility of its online trademark application services.
AWARD OF FREE SERVICES REQUIREMENTS: All taxes and duties, if any, on any and all awards of Free TM Application Services are the sole responsibility of the selected applicants. Applicants agree that Sponsor is not liable for any damages, costs or injuries sustained in connection with accepting any Free TM Application Services from Sponsor.
Release and Publicity: Each applicant hereby consents to the use of his or her name, business name, and address by Sponsor for advertising and promotional purposes, without any additional compensation or right of review, except where prohibited. Applicant may be required to publish an online review of Sponsor or such other information about Sponsor or the services of Sponsor at Sponsor’s request as a condition of receiving the Free TM Application Services.
NOTHING IN THESE TERMS AND CONDITIONS LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OFWHICH FROM THESE TERMS AND CONDITIONS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID (“NON-EXCLUDABLEGUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE, ALL APPLICANTS AGREE, EXCEPT WHERE PROHIBITED BY LAW, TO RELEASE,INDEMNIFY AND HOLD HARMLESS SPONSOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS,DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS (collectively, the “Released Parties”) FROM AND AGAINSTANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE FREE TM APPLICATION SERVICES. APPLICANTS AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, INCLUDING IN RELATION TO THE NON-EXCLUDABLE GUARANTEES, RELEASED PARTIES ARE NOT LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM PARTICIPATION IN THE FREE TM APPLICATION SERVICES AND ACCEPTANCE, POSSESSION, MISUSE AND USE OF ANY FREE TM APPLICATION SERVICES PROVIDED. RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THESE TERMS AND CONDITIONS, THE ADMINISTRATION OF THE FREE TM APPLICATION SERVICES PROGRAM, OR IN THE ANNOUNCEMENT AND AWARD OF ANY FREE TM APPLICATION SERVICES.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY for any expenses from any acts of any government or authority. and EACH APPLICANT ACKNOWLEDGES THAT HE/SHE/IT IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER/IT RELATED TO ANY FREE TM APPLICATION SERVICES PROGRAM ACTIVITY.
Subject to the Non-Excludable Guarantees, all applicants agree that Released Parties are not responsible and/or liable for any of the following, whether caused by a Sponsor, the applicant or by human error: applications/entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, mutilated, or misdirected applicants/entries, e-mail, mail, or Free TM Application Services program-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Terms and Conditions, in any Free TM Application Services program-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in applicant’s e-mail account to receive e-mail messages. Released Parties are not responsible, and may disqualify an applicant, if his or her e-mail address, telephone, or other contact information does not work or is changed without applicant giving prior written notice to Sponsor. Released Parties are not responsible for any changes or unavailability of the Free TM Application Services program web site that may interfere with the program (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use that web site for the program as set forth herein that are not acceptable to Sponsor) or ability of applicant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the program. Without limiting any other provision in these Terms and Conditions, Released Parties are not responsible or liable to any applicant or awardee or any person claiming through such applicant or awardee for failure to supply the service or any part thereof in the event that any of the program activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
Applicants agree to not damage or cause interruption of the Free TM Application Services program and/or prevent others from using the program. Sponsor reserves the right to restrict or void entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any applicants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper operation of or application to this program. Sponsor’s failure to or decision not to enforce any provision in these Terms and Conditions will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Free TM Application Services program-related materials and/or these Terms and Conditions (including any alleged discrepancy or inconsistency in these Terms and Conditions), it will be resolved in Sponsor’s sole discretion. Applicants waive any right to claim ambiguity in the Free TM Application Services program or these Terms and Conditions. If Sponsor determines at any time in its sole discretion that the awardee or potential awardee is disqualified, ineligible, in violation of these Terms and Conditions, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that awardee or potential awardee, even if the disqualified awardee or potential awardee may have been notified or displayed or announced anywhere. If the Free TM Application Services program is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Free TM Application Services program and award the service from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains applications/entries by fraudulent means or is otherwise determined to be in violation of these Terms and Conditions in an attempt to obtain any service, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE FREE TM APPLICATION SERVICES PROGRAM VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes/Governing Law: Each applicant agrees that, except where prohibited by law, (1) any and all disputes, claims and causes of action arising out of or in connection with this Free TM Application Services program, or any Services awarded, shall be resolved individually, without resorting to any form of class action, and any judicial proceeding arising out of or concerning the Free TM Application Services program shall take place in a court located in Canada with jurisdiction over Sponsor; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with applying to this Free TM Application Services program, but in no event attorney’s fees; and (3) under no circumstances will any applicant be permitted to obtain awards for, and all applicants hereby waive all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All disputes arising out of, concerning or connected to the Free TM Application Services program or the interpretation, validity, enforceability or interpretation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Utah, without regard to choice-of-law principles. All disputes hereunder or related in any way to the Free TM Application Services program shall be litigated by the state and federal courts located in the State of Utah and applicant expressly consents to and agrees to be subject to personal jurisdiction by such state and federal courts located in the State of Utah for the purpose of resolving such disputes.
Severance: If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions nor the legality, validity or enforceability of these Terms and Conditions (including the provision in question) in any other jurisdiction.