TRADEMARKABILITIES TERMS & CONDITIONS
Last Updated: February 12, 2020
The terms “we,” “us,” “our,” and “Company” refer to LawTank Legal Consulting LLC dba Trademarkabilities. The term the “Site” refers to www.trademarkabilities.com and any affiliate site, platform, or subdomain to which you are redirected from this site related to the services. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The site contents and services, including information, blog, digital products, digital products provided for free or for sale, seminars and classes comprise, and is defined as, the “Service”.
Use of the Site, including all materials presented herein and all online services provided by the Company, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be a U.S. attorney and 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to sales and business operations, and other information are subject to change. The Company is not a law firm and does not provide legal advice. While we make every effort to ensure the information we are providing is accurate, we cannot guarantee it is error-free and/or up to date, and users of the Site should ensure the information we share is applicable to their situation before acting upon in as we cannot be held liable for any inaccuracy, error, or incompleteness in the Site’s content.
The law and applicable rules change constantly, and our course materials may not always reflect the current state of the law or rules, despite our best efforts to keep our materials current and up to date. While our information is maintained and periodically updated for accuracy, our materials may contain omissions or errors for which we disclaim any liability. Nothing on this Site predicts or guarantees future results. The Company is not liable for the use or interpretation of information contained on this Site, and expressly disclaims all liability for any actions you take, or do not take, based on the Site’s content. Further, we are not making any claims as to any guaranteed results or income that may result from utilizing the techniques that we teach.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other relevant personal information. You agree that any registration information you give to the Company will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. Your account is for your personal use only. Sharing login credentials with someone else who did not pay for our Service is a violation of these Terms.
The Site does not provide legal advice, and creation of an account does not create an attorney-client relationship with LawTank Legal Consulting LLC dba Trademarkabilities or any individual attorneys who may provide content for the Site.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
FEES, PAYMENTS & TAXES
By using the Services, you agree to pay fees to us. All fees are in U.S. dollars and are non-refundable. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred. Payment of all fees shall be made through our third-party payment processors. Such third-party payment processors will charge you the fees prior to you making your payment in the payment method you specified at the time of purchase. If you pay any fees with a credit card, our third-party payment processors may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. By making or receiving payments through our payment portal, you grant us and our third-party payment processors the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant institution, and to charge your account in the amounts specified at the time of your purchase. You are responsible for any taxes applicable to your transactions sent or received through our payment portal.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by Company until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to our fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible, but in no case more than five (5) business days after receipt of the email confirmation, at which point you will be deemed to have received, approved and accepted the Service as provided.
CANCELLATIONS, REFUNDS & RETURNS
Courses or workshops are non-refundable. However, we want you to be satisfied with our Service. In the unlikely event that you do not experience a significant skill improvement at the end of the course, please contact us at firstname.lastname@example.org so that we can discuss how we can address your concerns.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, the Site may not always be entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property (the “Intellectual Property”). You may not copy, download, reverse engineer, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service, or Intellectual Property, in whole or in part, without Our prior written consent. When you are logged in to your account you can watch and re-watch any purchased courses as many times as you would like, but you are prohibited from sharing them with others. For any course materials and workbooks that come with any purchased courses, we grant you a non-exclusive, revocable license to use them for your personal use; you are not permitted to share these materials with others, sell, or otherwise distribute them. You are not permitted to reverse engineer any code associated with the Site. You are not permitted to create any software, application or device designed for the purpose of obtaining data from the Site, or engaging in any web scraping, web harvesting, or web data extraction from the Site. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating Our Intellectual Property Policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. If you have created an account, changes in these Terms and Conditions will be emailed to the address you provided for that account at the time the changes are implemented. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, LAWTANK LEGAL CONSULTING LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM US, AND IF NO PURCHASE HAS BEEN MADE BY YOU THE COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100. THE SERVICES ARE PROVIDED WITHOUT ANY WARRANTY THAT THEY ARE SUITABLE FOR A PARTICULAR PURPOSE. WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such third-party websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT & WAIVER
This Agreement constitutes the entire agreement between you and Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by us shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by LawTank Legal Consulting LLC dba Trademarkabilities.
NOTICES & CONTACT US
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Attn: Trademarkabilities Customer Support
LawTank Legal Consulting LLC
4740 N. Cumberland Ave #309
Chicago, IL 60656
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. If you provide your mobile device number, you agree to receive Short Message Service (“SMS”) or text messages on your mobile device and you are responsible for all carrier charges associated with such messages. You may opt out of such messages at any time.
GOVERNING LAW, VENUE & ARBITRATION
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms and Conditions (including any alleged breach thereof) or the Site will be BINDING ARBITRATION administered by the American Arbitration Association. You waive your right to a trial by jury. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. For such a claim, the exclusive venue shall be the state courts of Illinois located in Cook County. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. The laws of the State of Illinois will govern these Terms and Conditions, as well as any claim that might arise between you and us, without regard to any conflict of law provisions. You agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction located in Cook County, Illinois. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or state courts located in Cook County, Illinois. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms and Conditions, and any dispute between you and us, will be governed by the laws of the State of Illinois without regard to principles of conflicts of law, provided that this arbitration agreement will be governed by the Federal Arbitration Act.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid. We reserve the right to assign our rights and obligations under this Agreement at any time.
We may terminate, change, suspend or discontinue any aspect of the Site or Services at any time. We may restrict, suspend or terminate your access to the Site and/or the Services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability