User Agreement for TMPS Customers
PLEASE CAREFULLY READ THE TERMS AND CONDITIONS NOTED BELOW BEFORE ORDERING ANY SERVICE THROUGH THIS WEB SITE. BY ORDERING ANY SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT (the “Agreement”), THAT YOU UNDERSTAND THE TERMS CONTAINED HEREIN , AND THAT YOU AGREE TO BE BOUND BY THOSE TERMS. IF YOU DO NOT AGREE TO BE BOUND YOU SHOULD NOT ORDER ANY SERVICE OFFERED HEREIN.
Introduction
In this Agreement the person or entity placing an order through this web site shall be referred to as “You” or “Your” and Trademark Protection Services shall be referred to as “TMPS”. Any service offered herein shall be referred to as the “Service”. All Services are subject to this Agreement, which may be amended by TMPS from time to time without prior notice to you. Any change of terms shall be binding and effective upon You in respect of any Service ordered after the posting of the amended Agreement. This web site provides order forms pursuant to which You can request to acquire a Service under the terms set out herein. Each request shall be considered and accepted at the head office of TMPS referenced herein.
License of Use
This web site and each report issued pursuant to the Services contains information belonging to TMPS (the “Information”) that is or may be protected by the copyright laws of most countries through international treaty provisions. The Information may not be copied, reproduced, retransmitted or otherwise delivered to others without the express prior written consent of TMPS. All rights not granted to You herein are expressly reserved by TMPS.
TMPS does not grant any ownership rights in the Information, however, upon payment for the Service, TMPS grants to You a limited, non-exclusive right and license to use the results of any Service delivered to You in a report for a period equal to the useful life of the Information or until this Agreement is terminated. Ownership of all intellectual property rights in the Information shall remain at all times with TMPS.
Trademark
TMPS and the TMPS logo are trademarks of TradeMark Protection Services Inc. All other names referenced on this web site belong to their respective owners. No person or entity other than TMPS has endorsed or is sponsoring the delivery of the Services.
Provision of Services
TMPS provides trademark research services and as agent on your behalf facilitates the filing of trademark applications internationally through a network of registered trademark agents and attorneys. All requests for TM application filing services will be handled on Your behalf by a fully qualified trademark attorney to whom You may be required to provide a properly executed Power of Attorney. Similarly, as your agent we may refer your requests for trademark consultation services to a trademark attorney if our experts cannot provide your response directly. DEPENDING UPON THE SERVICE ORDERED YOUR REQUEST MAY BE REFERRED TO A FULLY QUALIFIED TRADEMARK ATTORNEY IN THE APPROPRIATE JURISDICTION. WE ARE NOT A LAW FIRM AND DO NOT PROVIDE LEGAL ADVICE DIRECTLY, HOWEVER WE DO FACILITATE YOUR ABILITY TO OBTAIN LEGAL ADVICE FROM THE APPROPRIATE SOURCE.
Modification and/or Termination of Service
TMPS may, temporarily or permanently, modify or discontinue the Service (or any part thereof) with or without notice to You. TMPS shall not be held liable or accountable to you or to any third party for any modification or discontinuance of the Service.
Privacy Policy
The terms of our Privacy Policy referenced herein shall govern the collection of any information obtained from You.
Warranty
TMPS WARRANTS AND REPRESENTS THAT IT HAS TAKEN REASONABLE STEPS CONSISTENT WITH INDUSTRY PRACTICE TO ENSURE THE COMPLETENESS AND ACCURACY OF THE INFORMATION . HOWEVER, FOR VARIOUS REASONS, INCLUDING THE SUBJECTIVE NATURE OF TRADEMARK SEARCHES, TMPS DOES NOT WARRANT THAT THE INFORMATION IS COMPLETE OR ERROR FREE. AS A RESULT, THE INFORMATION IS DELIVERED “AS IS”. THE FOREGOING WARRANTY IS IN LIEU OF AND SUPERCEDES ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer and Limitation of Liability
NEITHER TMPS NOR ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE INFORMATION AND THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO OBTAIN A REFUND OF THE FEE PAID.
Term and Termination
This Agreement shall remain in effect for a period of five years from the date that You order any Service referenced herein. However, TMPS may terminate this Agreement and your license to use the Services at any time and for any reason.
Governing Law
This Agreement shall be construed, interpreted and governed by the laws of the Province of Ontario without regard to conflicts of law provisions therein. The exclusive forum for any dispute arising out of or relating to this Agreement shall be the courts of the Province of Ontario located in the judicial district of Ottawa-Carleton. If any part of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to reasonably implement the intention of the parties.