Terms, Policies & Conditions
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, Legallymarked.com and A. C. Scott Law Firm, PLLC (collectively, “LegallyMarked.com”) provides an online portal to give visitors general information on commonly encountered legal issues. We do not draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. Legallymarked.com and its Services are not substitutes for the advice of an attorney.
Legallymarked.com strives to keep its legal documents accurate, current and up-to-date. However, for a variety of reasons, Legallymarked.com cannot guarantee that all of the information on the Site is completely current or applicable to your circumstances. The law changes rapidly and is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts and certain government and administrative bodies. The law is a personal matter, and no general information or legal tool like the kind on the Site can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. If you need legal advice for your specific problem, issue or document, you should consult a licensed attorney in your area.
This Site is not intended to create any attorney-client relationship, and your use of LegallyMarked.com does not and will not create an attorney-client relationship between you and Legallymarked.com. You, yourself, are and will be representing yourself in any legal matter you undertake through Legallymarked.com.
When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. If you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information. You are entirely responsible for the maintaining the confidentiality of your password.
You may not use a third party’s account, user name or password at any time. You agree to notify Legallymarked.com immediately of any unauthorized use of your account, user name or password. Legallymarked.com shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Legallymarked.com, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
3. Limited Permission to Download.
4. Links to Third Party Sites.
This Site may contain links to Web sites controlled by parties other than Legallymarked.com or A. C. Scott Law Firm, PLLC (each a “Third Party Site”). Legallymarked.com may work with a number of partners and affiliates whose sites are linked with Legallymarked.com. Both Legallymarked.com and A. C. Scott Law Firm, PLLC are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. Legallymarked.com makes no guarantees about the content or quality of the products or services provided by such sites. legalymarked.com is not responsible for webcasting or any other form of transmission received from any Third Party Site. Legallymarked.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by legallymarked.com of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither Legallymarked.com nor A. C. Scott Law Firm, PLLC are responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Reviews, Comments, Communications, And Other Content.
5.1. Rights and Responsibilities of Legallymarked.com.
Legallymarked.com respects the intellectual property of others, and we ask our users to do the same. Legallymarked.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Legallymarked.com’s Copyright Agent with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Legallymarked.com’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
1411 Wunsche Loop Unit 1233
Spring, Tx 77383
By phone: (281) 624-5854
By email: email@example.com for help
Legallymarked.com is not the publisher or author of the User Content. It is a passive service for storage and dissemination of the ideas and opinions that legallytmarked.com members may choose to post and distribute as User Content. Legallymarked.com does not screen works before they are posted, and no prior approval is required for posting. Legallymarked.com disclaims all copyright and ownership in such works and all responsibility for them.
Although we cannot make an absolute guarantee of system security, legallymarked.com takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAILat firstname.lastname@example.org for help.
If legallymarked.com’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, legallymarked.com reserves the right to delete those files or to stop those processes. If the LegallyMarked.com technical staff suspects a user name is being used by someone who is not authorized by the proper user, LegallyMarked.com may disable that user’s access in order to preserve system security. In all such cases, LegallyMarked.com will contact the member as soon as feasible.
LegallyMarked.com reserves the right to refuse service to anyone and to cancel user access at any time.
5.2 Rights and Responsibilities of LegallyMarked.com Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any LegallyMarked.com service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder’s permission.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. By posting such user content, you grant a license to LegallyMarked.com to use, reprint, distribute, modify, and create derivative works, which will be owned by LegallyMarked.com. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to LegallyMarked.com to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time.
5.3. Your Rights and Responsibilities as a LegallyMarked.com User and Reader of User Content.
You are not required to provide your real name when signing up as a user of LegallyMarked.com. LegallyMarked.com permits anonymous or pseudonymous accounts. Any user may request that such member’s e-mail address be hidden to provide for additional privacy.
If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, LegallyMarked.com staff will not take a role in mediating conflicts between you and other users. LegallyMarked.com does not take responsibility for your behavior or that of other users.
Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).
6. No Warranty.
THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LegallyMarked.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LegallyMarked.com MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. LegallyMarked.com SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
7. Limitation of Liability.
IN NO EVENT SHALL LegallyMarked.com, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF LegallyMarked.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF LegallyMarked.com TO YOU IS $0 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
8. Indemnification. You agree to defend, indemnify and hold harmless LegallyMarked.com, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
9. Unsolicited Submissions. Except as may be required in connection with your use of LegallyMarked.com Services, LegallyMarked.com does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to LegallyMarked.com through or in association with this Site shall be considered non-confidential. By providing such submissions to LegallyMarked.com you hereby grant LegallyMarked.com a license to use, reprint, distribute, modify and create derivative works which will be owned by LegallyMarked.com. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
10. Compliance with Intellectual Property Laws.
When accessing LegallyMarked.com or using LegallyMarked.com’s Legal Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your LegallyMarked.com user account.
If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at info@LegallyMarked.com as described above in Section 5.1.
11. Inappropriate Content.
12. Compliance with Export Restrictions.
You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
14. Governing Law; Venue.
15. A. C. Scott Law Firm.
All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2020, A. C. Scott Law Firm, PLLC ALL RIGHTS RESERVED.
A. C. Scott Law Firm, LegallyMarked.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of LegallyMarked.com. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Through the combination of both internal and third party tracking code as well as cookies, we track the following categories of information when a visitor enters the Site: (1) IP address, (2) domain servers, (3) type of computer used to access the Site, (4) types of web browsers (collectively “Anonymous Data”). Such data does not collect information that identifies you as an individual. LegallyMarked.com uses Anonymous Data for general marketing purposes and to help enhance customer experience on the Site.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags also known as single pixel gifs or web beacons to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
For you to access certain services that we offer through the Site, we may require you to provide us with information that can identify you as an individual (“Personally Identifiable Information”). Personally Identifiable Information includes: (i) “Contact Data” (such as your first and last name, physical street address, city, state, zip code, phone number and email address), (ii) “Financial Data” (such as your credit card number, expiration date, and verification code), (iii) “Legal Data” (such as your social security number, mortgage information, and automobile information).
Please note that Contact Data and Anonymous Data is used to gather general statistics regarding our customers and visitors, in order to enhance the consumer experience on the Site. We may also use demographic data in a manner that does not identify you specifically or allow you to be contacted but does identify certain criteria about our users in general. For example, we may inform third parties about the number of registered users, number of unique visitors, and the pages most frequently browsed.
We use your Contact Data to provide you with special information and promotions regarding our products or to contact a customer regarding an order or to respond to a question or request. Any Financial Data gathered is used for the purposes of processing or completing the financial transaction for your order.
If you post information on any of our chat groups, message boards or forums, such information you provide may be available to other members of the Site and other Site visitors. You should use caution when deciding to disclose your personal information in these venues as we do not control who may participate in these interactive forum.
Choice Regarding Disclosure of Contact Information
You may choose not to provide us with any Contact Information. In such an event, you can still access and use some portions of the Site; however you will not be able to access and use portions of the Site that require your Contact Information.
Confidentiality and Security of Contact Information
We use reasonable measures to maintain the security of your Contact Information. However, no company, organization, or online community, including LegallyMarked.com and A. C. Scott Law Firm, can fully eliminate security risks associated with personal information.
We may provide your personal information to third party service providers who work on behalf of or with LegallyMarked.com to provide some of the services and features of the LegallyMarked.com Site and to help us communicate with the members of our Site. However, these service providers do not have any independent right to share this information (expect pursuant to a legal requirement such as a subpoena or warrant).
LegallyMarked.com has security measures in place to minimize the loss, misuse, destruction and alteration of the information that you provide us or that we obtain from you. We will have no liability however to you or to any third-party arising out of any such loss, misuse, destruction, or alternation.
Other Limits to Your Privacy
Our Site contains links to other third-party websites (“Linked Websites”). We are not responsible for the privacy practices or the content of the Linked Websites. If you choose to visit other websites, we are not responsible for the Privacy Practices or content of those other websites, and it is your responsibility to review the Privacy Policies at those websites to confirm that you understand and agree with their policies.
Legally Marked® TRADEMARK SERVICE POLICY:
After purchasing this limited legal service package and signing the engagement agreement, Alexandria C. Scott Esq.("Attorney Ally"), A.C. Scott Law Firm, PLLC., and the Legally Marked® Team will immediately begin the trademark registration application process by immediately forwarding to the Client the LMT-Intake Form and LMT - Welcome Guide via the email address the Client used to purchase the service via email. The trademark registration application process initiates immediately after payment has been made and the Client signs the engagement agreement. If we have initiated the trademark registration application process, the maximum refund amount the Client can receive is the service cost paid minus (-) $500.00. This refund option is only available if the Client has not completed the LMT-Intake Form.
After the Client completes and return the LMT-Intake Form and schedule a Search Report Consultation, Alexandria C. Scott Esq.("Attorney Ally"), A.C. Scott Law Firm, PLLC., and the Legally Marked® Team will immediately move Client's file to Phase two (2) and begin the Trademark Search Process. The Trademark Search Process is initiated immediately after Client completes and return the Intake Form and schedule a Search Report Consultation. If we have initiated the trademark search process, the maximum refund amount the Client can receive is the service cost paid minus (-) $1097.00. If we conduct 3 or more trademark searches on behalf of the Client, the refund may be less, for example, after the first two (2) trademark searches, if a refund is requested before and/or after the Search Report Consultation OR before the Client's file move to Phase 3, or the Client receives their Draft Trademark Application, whichever comes first, each additional search will cost $150. This refund option is only available before the Client receives their Draft Trademark Application.
After the Client review, sign, and return the Draft Trademark Application, Alexandria C. Scott Esq.("Attorney Ally"), A.C. Scott Law Firm, PLLC., and the Legally Marked® Team will immediately move Client's file to Phase Four (4) and start the process of processing the Client's trademark application into the United States Patent and Trademark Office's ("USPTO") database. After we start the process of processing your trademark, the maximum refund amount the Client can receive is the service cost paid minus (-) $1347.00. This refund option is only available before the Client's trademark application is submitted.
Once the trademark application is submitted to the United States Patent and Trademark Office ("USPTO"), services have been deemed rendered and no refund option will be available after this transaction as been completed, even if you later decided that you would not like to file the application.
Classification of Good/Services:
A class is a category of goods or services that the Client would like obtain trademark registration protection for (i.e. clothing). One (1) TEAS Standard Application Fee per class is included in this trademark limited legal service packages. If the Client want to secure additional classes, the Client must pay an additional attorney fee of $350 plus (+) filing fee of $250 per additional class.
Statement of Use:
(1(B) Intent to Use or 44(D) Applications Only)
There is an additional attorney fee of $150 plus (+) the USPTO filing fee of $100 per class of goods/services. This will need to be paid by Client at the time the Firm files the Statement of Use.
Petition for Six (6) Month Extension:
(1(B) Intent to Use or 44(D) Applications Only)
Once the examining attorney issues a 'Notice of Allowance' to Client's trademark application,The Firm, on behalf of the Client, will have 6 month to file a Statement of Use. If 6 months is not enough time, then the Client has the option to request us to file up to 5 extensions of 6 months each. If the Client want to extend the trademark application anytime during the trademark registration process, the Client must pay an additional attorney fee of $100 plus (+) filing fee of $150 per additional class.
By submitting payment through our website (or our Third-Party payment providers) and reviewing, signing, and returning the engagement agreement to the Firm, YOU, accept this understanding, these services, and accept this Legally Marked® Trademark Services Policy.