the Trademark Resource for Start-Ups, Business Owners, Marketing Professionals, In-House Counsel, and Attorneys

Terms of Use

The TrademarkWell.com website (hereinafter "Website") is owned and operated by Trademark Well, LLC ("Trademark Well").  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

1.  Acceptance of the Terms of Use

By using this Website, you accept and agree to these Terms of Use and the Privacy Policy (available at www.trademarkwell.com/privacy-policy), which is incorporated by reference into these Terms of Use.  These Terms of Use constitute a legal agreement between you and Trademark Well 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.

 2.  Use of the Website's Content

The contents of the Website, including, but not limited to, the text, graphics, images, audio, video, and product and service descriptions ("Content"), constitute Trademark Well's proprietary information and property.  The Content is protected by U.S. copyright and trademark law, as well as applicable foreign laws.  All Content on the Website is either owned by or licensed to Trademark Well.

TrademarkWell hereby grants you permission to use the Website and Content, provided that (i) your use is solely for your personal, noncompetitive use, (ii) you do not modify or sell the content without Trademark Well's permission, and (iii) you do not reproduce, display, publicly perform, distribute or otherwise use the Content for any public or competitive purpose, including the use of the Content on any other Website.  In this regard, you may use or modify the Content to represent yourself or a client in a legal matter or proceeding.  However, you may not use the Content to set up a competing website.  In addition, please note that photographs and images appearing on the Website are likely licensed to Trademark Well through a stock photography service or otherwise, and Trademark Well does not have the ability to provide you with a license or permission to reproduce such images elsewhere.

If you violate any of these terms, your permission to use the Content automatically terminates.

3.  User Submitted Content

You warrant that you own all intellectual property rights in any content that you submit to the Website or that you have the appropriate license rights from the owner to submit such content.  By submitting content to the Website, you grant Trademark Well a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute such submitted content.

4.  Links to Other Sites

The Website contains links to third party websites.  These links are provided solely as a convenience to you and not as an endorsement by Trademark Well of the content, products, services, or business practices of such third party websites.  Trademark Well is not responsible for the content, products, services, or business practices of linked third party websites and does not make any representations relating thereto.  If you decide to access or use 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 any viruses, worms, Trojan horses, or other harmful or destructive content.

5.  Disclaimer of Warranties

THE CONTENT ON THE WEBSITE AND ANY PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRADEMARK WELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  TRADEMARK WELL DOES NOT WARRANT THAT THE WEBSITE AND ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR HARMFUL COMPONENTS.  TRADEMARK WELL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING (i) THE USE OR THE RESULTS OF ANY USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR (ii) ANY PRODUCTS OR SERVICES REFERENCED OR LINKED TO ON THE WEBSITE THAT YOU USE OR PURCHASE FROM ANY THIRD PARTY SELLER.  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.

6.  Limitation of Liability

NEITHER TRADEMARK WELL NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE SHALL BE LIABLE FOR 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 PRODUCTS, SERVICES, OR OTHER MATERIALS PROVIDED 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 TRADEMARK WELL HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY PRODUCTS, 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 THAT MAY BE TRANSMITTED THROUGH THE WEBSITE.

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 UDNER APPLICABLE LAW.

TRADEMARK WELL'S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE SHALL BE LIMITED TO EITHER $10 OR THE AMOUNT OF MONEY ACTUALLY PAID BY YOU TO TRADEMARK WELL, WHICHEVER IS GREATER.

7.  Indemnification

You agree to defend, indemnify, and hold harmless Trademark Well, its licensors, licensees, distributors, agents, representatives, 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 of Use, (iii) your use of any products, services, or materials provided through the Website, (iv) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right, and (v) any submission by you that causes damage to a third party.

You shall cooperate as fully as reasonably required in the defense of any claim.  Trademark Well reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.  You shall not enter into any settlement agreement that affects the rights of Trademark Well without Trademark Well's prior written approval.

8.  Representation of Age and Ability to Accept Terms of Use

You affirm that you are either 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 of Use.

In any event, you affirm that you are over the age of 13, as the Website is not intended for children under 13.  If you are under 13 years of age, then please do not use the Website.

9.  Severability

If any provision of these Terms of Use 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.

10.  Governing Law and Forum Selection

These Terms of Use 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 Trademark Well that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located within Santa Clara County, California and you agree to the personal jurisdiction of such court.

11.  IP Ownership and Notices

Trademark Well disclaims any liability for any third party content submitted to, or posted on, the Website.  If you believe that any materials on the Website infringe your copyright, trademark, or other intellectual property right, please send a written notification of your claim to Trademark Well at the following address:

Trademark Well
Attention: IP Notices
4750G Almaden Expy, #359
San Jose, CA 95118

To provide effective notification, please provide the following information:
(i)  An electronic of physical signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed;
(ii)  A description of the copyrighted work, trademark, or other intellectual property right that is allegedly being infringed;
(iii)  The location of the allegedly infringing material on the Website;
(iv) Your name, address, email address, and telephone number;
(v)  The following statement: "I have a good faith belief that the use of the material is not authorized by the intellectual property owner"; and
(vi)  A statement under penalty of perjury that the information in the notification is accurate and that you are the owner of the intellectual property right or that you are authorized to act on behalf of the intellectual property right owner.