Terms & Conditions
Trademark Sentinel Terms & Conditions
Effective Date: April 15, 2008
1. Acceptance of the Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY. Trademark Sentinel is a service of Owens Tarabichi LLP. By using or visiting the www.trademark-sentinel.com website (hereinafter “Website”), including placing an order and making payment through the Website, you accept and agree to these Terms & Conditions. These Terms & Conditions constitute a legal agreement between you and Owens Tarabichi and spell out the terms and conditions to which you must adhere. If you do not agree to any of these terms, then do not use the Website. These terms apply in addition to the terms of any Retainer and Fee Agreement to which you agree when placing an order through the Website.
2. Representation of Age and Ability to Accept Terms & Conditions
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms and obligations provided in these Terms & Conditions.
3. Cancellations and Refunds
You may cancel an order placed through the Website within 24 hours and obtain a full refund. To cancel an order within 24 hours, you must either call us at (408) 298-8205 or email us at cancellations@trademark-sentinel.com.
All orders not cancelled within 24 hours after the order is placed are considered final, and no refunds will be given.
4. Attorney Advertising and Disclaimer of Legal Advice
The Website may contain or constitute attorney advertising under the rules of some states. Any advertisement of prior results does not guarantee a similar result. The content on the Website is provided for informational purposes only and does not constitute legal advice. Simply viewing the website does not create an attorney-client relationship with Owens Tarabichi.
5. Use of Website Content
The Website is owned and operated by Owens Tarabichi. The contents of this Website, including the text, images and graphics, and look and feel (“Content”), are protected by copyright and trademark laws. All Content is owned by or is licensed to Owens Tarabichi.
Owens Tarabichi hereby grants you permission to use the Website and its Content, provided that (i) you do not modify or sell the Content and (ii) you do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including use of the Content on any other website. If you violate any of these terms, your permission to use the Content automatically terminates.
6. Links to Other Sites
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Owens Tarabichi of the content on such third party websites. Owens Tarabichi is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.
7. Disclaimer of Warranties
THE CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWENS TARABICHI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OWENS TARABICHI DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWENS TARABICHI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU assume all risk for any damage to your computer system or loss of data that results from USE OF the website, including any damages resulting from computer viruses.
8. Limitation of Liability
OWENS TARABICHI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY SERVICES OR MATERIALS PROVIDED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED THROUGH THE WEBSITE.
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF OWENS TARABICHI HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS. To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.
OWENS TARABICHI’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $50 OR THE AMOUNT YOU PAID FOR SERVICES PURCHASED ON THE WEBSITE, WHICHEVER IS GREATER.
9. Indemnification
You agree to defend, indemnify, and hold harmless Owens Tarabichi, its licensors, licensees, agents, representatives and other authorized users, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (i) your use of the Website; (ii) your violation of the Terms & Conditions; (iii) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right; and (iv) any submission by you that causes damage to a third party.
10. Amendment of Terms & Conditions and Termination
Owens Tarabichi reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms.
In addition, Owens Tarabichi may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or any part of the Website for any or no reason, including, but not limited to, breach of these Terms & Conditions.
11. Severability
If any provision of these Terms & Conditions is deemed invalid or unenforceable under any statute, regulation, ordinance, or by a court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, or court, and the remaining provisions shall remain in full force and effect.
12. Governing Law and Consent to Jurisdiction
These Terms & Conditions shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Owens Tarabichi that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in California, and you agree and consent exclusively to personal jurisdiction in any state or federal court residing in California.