Not Legal Advice or Attorney-Client Relationship
Information found in this Website is provided for general informational purposes only and should not be construed as legal advice. Legal issues are highly factual matters and advice which may be given is highly dependent on the facts of each case. You are urged to consult an experienced lawyer concerning your particular factual situation and any specific legal questions you may have. Delaying addressing legal issues may prejudice your rights or your ability to protect or attain rights.
Jurisdiction and Venue
Trademark Access is located in Salt Lake City, Utah. Lawyers in the firm are licensed to practice in limited jurisdictions. Trademark Access does not seek to represent anyone desiring representation based upon accessing the Site in a jurisdiction where the Site fails to comply with applicable laws and ethical rules. In addition, our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so. No Trademark Access attorney will undertake representation of clients in states where he or she is not admitted or otherwise properly authorized to do so. If you engage us, you will be deemed to have come to Utah for the services and all work performed by us for you will be deemed to be performed by us in the State of Utah and subject to the Utah Rules of Professional Responsibility. You acknowledge and agree that any disputes arising from or relating to the Website or any services identified on the Website will be resolved by the courts located in the State of Utah and you expressly agree to be subject to personal jurisdiction by the courts located in the State of Utah for such purposes.
Discount Fees Only Available Through Website
Legal fees and any other service fees recited on the Website only apply to services that are ordered through the website and expressly agreed to in an engagement agreement between you and Trademark Access. The legal fees recited on the website are commonly discounted fees provided on a flat fee basis because of limitations and restrictions set forth in the engagement agreement applicable to the services. If you seek legal services directly through the law firm Clegg P.C. (www.CleggIPLaw.com), then the standard fees of Clegg, P.C. shall apply.
Government Filing Fees
Fees charged by the United States Patent and Trademark Office for filings in connection with trademark applications and trademark registration are typically based on a per class of goods or services basis. In the event your application or registration involves more than one class of goods or services, you may be required to pay additional fess for each additional class. Furthermore, while the government filing fee charged by the USPTO is commonly $325 per class of goods or services, in cases where the entire description of goods or services may be found in the U.S. Acceptable Identification of Goods and Services Manual the fee charged by the USPTO is usually $275 per class of goods or services. Nonetheless, because finding appropriate descriptions from the U.S. Acceptable Identification of Goods and Services Manual may require additional research and legal analysis to determine whether an available description would be appropriate in an applicant’s particular circumstances, the total charge for preparing and filing a U.S. trademark application, which includes both the attorney fee and the government filing fee, will be the same irrespective of whether the fee charged by the USPTO is $325 or $275 per class of goods or services.
Payments made through the Website for services are deemed earned as soon as we initiate performance of services. Except in limited circumstances where required by law, refunds are not available once services have been initiated because of the small size of the flat fees involved and the administrative time and resources involved in setting up each new account. Trademark Access does not guarantee the successful outcome of any matter undertaken for clients. Predictions about the outcome of trademark applications, prosecution, litigation or other matters are only estimates and expressions of judgment, and are not representations or guarantees that any particular result will actually occur.
Agreement Term and Amendments
Limited License and Age Restriction
No Warranty of Content
This Website contains data, information, and other materials and content (“Content”) created and/or compiled by Trademark Access or by third parties. Some of the data and information is obtained from public and other third party sources. While we believe that these sources are generally reliable, we have no duty to pre-screen such Content and are not responsible for any failure or delay in removing such Content. Trademark Access makes no representation or warranty as to the reliability, accuracy, completeness or authenticity of any information contained in the Website. You agree that you must evaluate, and bear all risks associated with, the use of any Content, (including risks relating to the infringement or potential infringement of third party intellectual property rights), that you may not rely on said Content, and that under no circumstances will Trademark Access be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content on the Website or obtained through the Website.
Copyright & Ownership
DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. ALL MATERIALS AND CONTENT IN THIS WEBSITE, INCLUDING THOSE PROVIDED BY LINKS TO THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES. TRADEMARK ACCESS MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR REGARDING THE SUITABILITY OF THE INFORMATION OR CONTENT. FURTHERMORE, TRADEMARK ACCESS MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS WEBSITE AND/OR THE CONTENT CONTAINED HEREIN. TRADEMARK ACCESS DOES NOT WARRANT THAT THE WEBSITE AND ITS CONTENT, INCLUDING THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. These disclaimers of implied warranties are not permitted in some jurisdictions and consequently the foregoing disclaimers may not apply to you in such jurisdictions.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL TRADEMARK ACCESS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TRADEMARK ACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. These liability limitations are not permitted in some jurisdictions and consequently the foregoing limitations may not apply to you in such jurisdictions.
Questions & Contact
Salt Lake City, UT 84110
Effective Date: November 18, 2011