Terms and Conditions

By Using the Website You Agree to these Terms and Conditions
By browsing or otherwise using the website https://www.trademarkprospector.com (the “Website”) provided by UpSpiral LLC (“the Company,” “We”, “Us” or “Our”), you (“the User,” “You” and “Your”) agree to and are bound by these Terms and Conditions (the “T&C”). Additionally, through continued use of the Website, You acknowledge, agree and consent to the terms of the T&C as well as the Privacy Policy. You agree that your permission to use the Site is conditioned on compliance with the T&C as well as the Privacy Policy, and other such policies if any, and is subject to suspension or revocation by the Company. Your permission to use our Site is conditioned on compliance with the T&C and subject to suspension or revocation by Us.

UpSpiral LLC Does Not Sell Legal Services and Is Not a Law Firm
The content of this website is intended to convey information about trademark research and ordering such. UpSpiral LLC is a trademark research company; It is not a law firm, and it is not selling legal services. If you are seeking legal services, contact an attorney. UpSpiral LLC does not offer trademark filing services.

This website is not an offer or agreement with the user. E-mails sent to the Company or at e-mail addresses listed on the website does not imply a contractual relationship. No services are due to user unless a purchase is made, and payment in full is received by the Company for the service ordered.

The Company makes no warranties, representations or claims with respect to any of the information on this website. We try to maintain current information, but do not guarantee the currency, accuracy or completeness of the information. By utilizing this website, you release the Company from responsibility or liability for damages which may result from your access to or use of information on this website.

You Must Read This Agreement Carefully
We ask you kindly please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, you may not use our Service.

You Are Over 18
In accessing or using our website, you affirm that you (i) are more than 18 years old, or an emancipated minor, or possess legal parental or guardian consent and are competent to understand and enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&C and our Privacy Policy, and (iii) agree to comply with these T&C and our Privacy Policy.

Users may not use the material on this website for anything other than personal informational purposes. If users wish to use the material for any other purposes, please contact UpSpiral LLC.

Contact Us For Any Questions
If users are interested in purchasing trademark research You may do so through the Site or kindly call, e-mail, or otherwise contact Us. We offer bulk rate pricing. We reserve the right to decline any request for work or purchasing.

Modifications
We reserve the right in our sole discretion to change, modify, add or remove the T&C, Privacy Policy, and any other notices of our website. Please note Your responsibility to periodically check the site for any changes We may make to these Terms. Continued use of this website following the effective date of changes to the T&C or other policies implies that You accept and consent to the changes.

Users Agree Not to Use the Site for Any Illegal or Prohibited Use
As a condition of this site, user warrants, that the website will not be used for any purpose that is unlawful or prohibited by these T&C, the Privacy Policy, or the law. User must comply with all applicable laws, including but not limited to, privacy laws, intellectual property laws, export control laws, regulatory requirements, etc. Usage of the site in a professional manner is mandatory, and users may not use the site in any manner that may damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the site. Users may not obtain or attempt to obtain information or any materials through any means that are not intentionally made available or provided through the website.

Users are prohibited from utilizing any robot, spider, other automatic device or manual process to monitor or copy aspects of the website or the contents or information contained therein without our prior express written consent. In addition, users agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content ( except any information in which the user has an ownership interest) from the site without our prior express written consent or the appropriate third party.

User Agrees That It Will Not Knowingly Send the Company Computer Viruses
The information the user will provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. If User did upload any virus, Trojan horse, worm, timebomb, cancelbots or other computer programming routines, whether or not intentionally, User agrees to fully indemnify the Company from any and all damages including but not limited to damages from third-party claims, as well as all direct, indirect, incidental, consequential and punitive damages.

By posting, uploading, inputting, providing or submitting your information you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Other than as expressly stated in this agreement or as required by law, our Site is provided “as is” and we do not make any specific commitments or warranties about our Site.
In the course of using the Site, you may submit your personal data and/or the personal data of others. It is your responsibility to ensure this information is accurate and up-to-date.

The Company Is Not Liable for Third-Party Websites Linked to the Site
Our Site may contain links to other websites. The “linked sites” are not under our control and we are not responsible for the contents of any link. We aim to prove these links as a convenience and as such we do not imply that we endorse any aspect of the linked site or any association with its operators. We reserve the right to disable links from any third-party sites to the site.

Users should be aware that when using Our site, You may be directed to other sites outside of Our site. These other sites may send their own cookies to Users, collect data, solicit personal information, or contain information that may be inappropriate or offensive. We do not guarantee the satisfaction of the products or services of the content of the third-party site or products or services that You may purchase from a third-party site. You hereby irrevocably waive any claim against with respect to such sites and third-party content.

We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and you hereby irrevocably waive any claim against with respect to such sites and third-party content. We strongly encourage Users to proceed cautiously with any online or offline transaction with any of these third parties and make any investigations deemed necessary and/or appropriate beforehand.

Limitation of Liability
Changes are periodically added to the information on our website. We may make improvements and/or changes in the site at any time.

To the maximum extent permissible pursuant to applicable law, We, our affiliates, officers, directors, employees and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility or arising from course of dealing or course of performance.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers or third-party content providers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of use, data or profits, unauthorized access to and alteration of Your transmissions and data, and other tangible and intangible losses, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or from any actions We take or fail to take as a result of email messages or other communications you send Us, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if We have been advised of the possibility of damages.

As some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to some Users. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Site Suspension
If the site or a portion of the site is incapable of running efficiently, including but not limited to, computer virus infections, bugs, tampering, intervention, fraud, technical errors, or any other causes that may serve to corrupt or affect the security, fairness, integrity, or conduct of the website, We reserve the right in our sole and absolute discretion, to prohibit Users or any other individual or entity from using our website, and to cancel terminate, modify or suspend the site or portion of it and void such information.

Right to Modify
We reserve the right to cancel or modify order for services, or services when there is reasonable belief that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the purchasers or reservations contain or resulted from a mistake or error.

Copyright and Trademark Notice
All materials contained in the Site are copyrighted property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. No material from Our website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. We prohibit the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment. All trademarks, service marks, trade names and trade dress are proprietary to Us. Users may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. Users may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information without our prior express written consent. We consider our copyrights and trademarks to be valuable assets, and take infringement of them seriously. = All rights are reserved.

The trademarks, copyrights and logos displayed on our website are registered and unregistered trademarks and copyrights of the administrators of the Company. Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark, copyright or logo displayed on the site without our written permission or permission of the third party that may own the Trademark displayed on the Sites. Any rights not expressly granted herein are reserved.

As between you and our Company, all right, title and interest in these websites (including all copyrights, trademarks and other intellectual property rights) belongs to us or our licensors. In addition, the names, images, pictures, logos, icons and other marks identifying our products and services in many countries are proprietary marks of the the Company. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

Except as expressly provided herein, no part of our website, including but not limited to materials retrieved and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event should materials from our website be stored in any information storage and retrieval system without prior written permission from our company.

Permission Requests may be sent to:
UpSpiral LLC
Tel: 929 444-2993
E-mail: contact@trademarkprospector.com

By Using the Site, You Agree to Pay Back the Company for Losses You Cause to It or Losses Derived from Your Use
Users agree to indemnify the Company from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, including collections fees and costs which include but are not limited to attorney’s fees, professional fees, and court fees and costs, resulting from User’s use of the site or actions thereupon and/or related thereto. Claims include but are not limited to those arising or resulting in any way from the violation of these T&C, services provided, or any related act or failure to act or claims arising from your account, including, without limitation, and/or any claims related to user infringement of intellectual property rights including copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. If a User causes a technical disruption of Our website or the systems transmitting the Site to others, User agrees to pay the Company for any and all losses, liabilities, expenses, damages, and costs, including damages and costs of third-party law suits, and including attorney’s fees and court costs, resulting from the disruption incurred by the Company.

Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711)
The Company makes no guarantee of confidentiality or privacy of any communication or information transmitted on Our site or any website linked to Our site. We are not liable for the privacy of the information, e-mail addresses registration and identification information, disk space, communications, confidential or trade secret information, or any other content transmitted over networks accessed by the site, or otherwise connected with Your use of the site.

Governing Law
To the maximum extent permitted by law, these Terms are governed by the laws of the State of New York and users hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of our website. Users also agree that any action at law or in equity arising out of or relating to the Terms shall be filed only in the United States District Court for the Eastern District of New York, if there is no federal jurisdiction over the action, in the courts of the State of New York located in Kings County, New York. Users hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Use of our Site is unauthorized in any jurisdiction that does not give effect to all provisions of these T&C, including without limitation this paragraph.

Legal Action Must Be Brough Within One Year
You and the Company agree that any cause of action arising out of or related to the services must commence within (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Your Use of the Website has the effect of Your Binding Signature
User represents and warrants that they have the legal right, power and authority to agree to the Terms herein behalf of themselves. Website users agree that use of the site constitutes acceptance of the T&C herein and is an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (E-Sign)” and the Uniform Electronic Transactions Act (“UETA”). The User further agrees that User has formed, executed, entered into, accepted the terms of, acknowledged, authenticated, and subsequently agreed that the T&C is an electronic record for purposes of E- Sign, UETA and the Uniform Computer Information Transactions Act and is valid, enforceable, binding, has legal effect, and non- refutable.

You May Not Copy The Content
We, with our licensors own the software that runs on the site. Unless permitted by applicable laws, You must not copy, downloads, distribute, modify, or de-compile said software without our consent. Additionally, You may not distribute, transmit, reuse, repost, modify, or use the content of the website for public or commercial purposes, including without limitation, the text and images, without written permission.

The Company Has the Right to Restrict or Terminate Your Site Access
Our company reserves the right, in our sole discretion, to terminate user access to our website and the related services for any reasons without notice.

Access to parts of the websites are restricted to authorized persons. If a user believes they have been granted access to any document or file by mistake, they should exit the restricted section immediately and contact us as soon as possible. Parts of our website may utilize encryption technology. Despite the encryption technology in place, We cannot guarantee that unauthorized individuals will not be able to access confidential information hosted on or downloaded from the sites. Documents and files hosted on Our sites are confidential. Only those authorized to read these documents and files can be distributed. If a User believes that it has been granted access to a document or file by mistake, the User must not download it, copy it, use it for any purpose or disclose its contents to any other person.

Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Contact Us
If there are any questions regarding the T&C, Your privacy, or Our policies in the event of a compromise of Your information, You may contact Us at:

UpSpiral LLC
Tel: 929 444-2993
E-mail: contact@trademarkprospector.com

At Trademark Prospector, All Are Welcome to Our Place of Business

We Respect and Care for our Clientele.