Protecting Your Company's Online Digital Assets Against Infringement & Counterfeiting, It's Reputation & Providing Digital Marketing Services
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GENERAL SERVICES AGREEMENT
Acceptance of Terms and Conditions:
By any use of services of Trademark Enforcer, LLC (herein “TME”) by or through its website (trademarkenforcer.com), or directly by calling, emailing, submitting an on-line order or by any other communication You (herein “You” meaning You and Your business entity or the business entity that You represent) agree to the terms and conditions herein.
Buy such use of services by such communication You authorize TME to charge for the services ordered and You further agree to pay all third party fees and charges such as, but not limited to, governmental processing and registration fees and charges.
All terms and conditions herein as to TME expressly includes TME and its affiliates, agents, contractors, subcontractors, sponsors, licensees, employees, directors, owners and all associated third party providers.
Payment is due before any services will be provided. Payment is considered earned when received by TME. TME may terminate this agreement with You, services rendered to You and Your use of TME’s website at any time for any reason in TME’s sole discretion. Please see TME’s refund policy which is hereby made a part of this agreement.
These terms and conditions shall supersede all other communications and understandings as between You and TME. All goods and services are provided by TME “as is” without express, statutory or implied warranties of any kind, including, but not limited to implied warranty of merchantability, implied warranty of fitness for a particular and any express or implied warrantee of non-infringement. You bear all risk of loss by using the goods and services of TME. In using the goods and services of TME agree that You are solely responsible for Your own due diligence and for obtaining Your own data and for obtaining Your own expert advice in making business and marketing decisions. TME does not represent or guarantee a positive result. TME is not responsible for loss of Your data, loss of Your website search engine ranking(s), loss of Your customers, loss of Your reputation, loss of Your income, loss of Your assets, interruption of third party services to You or any other loss that You may experience no matter what type or kind of loss and no matter as to the amount of the loss.
You will defend, indemnify and hold harmless, TME against any and all claims of liability, demands, judgments, arbitration award, investigation, pre-litigation, litigation, administrative cost, costs, losses, damages, judgments, causes of action, injunctions, domestic or foreign proceedings, domestic or foreign main proceeding, and expenses (including reasonable attorney’s fees and cost and mediation costs) arising out of the goods and services provided to You, including, but not limited to Your or TME’s use of trademarks, copyrights, patents, packaging, trade dress, web content, web graphics, domain names, web hosting, text, videos or any other material, property or intellectual property. You hereby give TME an unlimited perpetual non-revocable right to use Your name, logo and its business statistics in marketing and promotional materials without cost.
Any and all liability on the part of TME arising out of, or related to, goods or services provided is expressly limited to the amount of money that You paid to TME for said goods or services.
TME is a limited liability company under the laws of the State of Washington. This Agreement shall be construed, interpreted and governed by the laws of Washington without regard to conflicts of law provisions thereof. If any portion of this agreement shall be found to be unenforceable the remainder shall be interpreted as to the reasonable intentions of the parties.
You and TME agree that in the event that a dispute arises under this Invoice or its terms and conditions that the parties will use the mediation services of the American Arbitration Association (AAA) under their Commercial Rules, and abide by the State of Washington law regarding civil mediation and will be bound by the decision of the mediator. The proceeding shall be by binding mediation only with paper only submittal by each party. The mediator shall resolve and decide any and all disputes and issues not resolved by You and TME in the mediation process. Each party to share the cost of said AAA services and each party shall be responsible for their own costs of representation in said proceedings. The decision of the arbitrator shall be binding and final and it can be enforced as a judgment in any state or territory of the United States and in any other country in the world. The party who prevails in enforcing said arbitrator decision shall be awarded all costs of enforcement including reasonable attorney fees. You stipulate that venue and jurisdiction rests in the State of Washington.
The failure of TME to enforce any provision of the terms and conditions of this agreement does not constitute a waiver and any such term or condition not enforced by TME may be enforced at a later time.
You agree that You have read this agreement, and its terms and conditions, and that You understand it.
Thank You for Your interest in this internet website located at www.trademarkenforcer.com and/or any related website pages (the “Site”) that is owned, operated and controlled by Trademark Enforcer, LLC (collectively “TME,” “we,” “our”, or “us”). The terms “You”, “Your”, and “Yours” refer to anyone accessing, viewing, browsing, visiting or using the Site.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you place an order, subscribe to a newsletter, fill out a form emails or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links: We do not include or offer third party products or services on our website.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
According to Cal OPPA we agree to the following:
Users can visit our site anonymously.
Users are able to change their personal information:
• By emailing us
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It's also important to note that we do not allow third party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the contents they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email • Within 1 business day
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to: correspond with you.
To be in accordance with CAN-SPAM we agree to the following:
If at any time you would like to unsubscribe from receiving future emails, you can and we will promptly remove you from ALL correspondence.
Trademark Enforcer, LLC
12639 Washington 9, No. 331
Clear Lake, WA 98235
Last Edited on 2015-01-28
Money Back Guarantee! Try Us Risk Free!
We have a lot of confidence in our ability and take great pride in delivering quality service.
If you decide to work with us, and order one of our listed services on our website, and you do not feel that our efforts justify the fee we will return the fee paid to us for those services. This refund does not include fees paid to third parties for services, fees, costs and the like. This guarantee only applies to new customers and only to the very first service item you order from us. This guarantee does not apply to a service where we conclusively accomplish the assignment in a reasonable amount of time and does not apply to portfolio review or website review services.
In this way you can try us risk free. We look forward to earning your trust. And, if we can’t deliver we want you to receive your refund.
No long term contracts! In addition, as you see on our website, you order services as you need them, “a la carte”.
Thank you for giving us the opportunity to serve you!
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