Terms Of Use

 

Registered Artists, LLC (“Registered Artists”) is a California limited liability company that provides non-legal trademark registration services. By using the Registered Artists website and/or services, you understand, and agree to be bound by, the following Terms of Use (“Agreement”):

  1. Registered Artists is not a law firm, does not provide legal advice or services, and is not a legal referral service. Registered Artists and its employees cannot provide you with legal advice or opinions.
  2. BY UTILIZING THIS WEBSITE AND/OR THE SERVICES PROVIDED BY REGISTERED ARTISTS, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND LEGALLY ABLE TO ENTER INTO A CONTRACT. YOU FURTHER REPRESENT AND WARRANT THAT, IF YOU ARE ACTING ON BEHALF OF ANOTHER INDIVIDUAL OR A COMPANY, YOU ARE AUTHORIZED TO ACT AND ENTER INTO CONTRACTS ON BEHALF OF THAT INDIVIDUAL OR COMPANY.
  3. A trademark application submitted to the United State Patent and Trademark Office (“USPTO”) is considered a legal proceeding, and that you are representing yourself in a legal matter. You understand that Registered Artists will review your submission to the USPTO for spelling, grammar, completeness, consistency, and may assist in formatting and preparation of a drawing or specimen, but will not review the submission for legal sufficiency or correct or provide advice as to the substance of your submission. The utilization of Registered Artists’ website and/or services is not a substitute for legal advice.
  4. By placing an order with Registered Artists, you expressly providing Registered Artists with authority to file an application and/or submission with the USPTO. Upon receipt of your order, Registered Artists may request additional information from you, or may request that you review the application and/or submission. If you fail to respond to Registered Artists within seven business days, Registered Artists may file your submission and/or application with the USPTO.
  5. You expressly consent to allow Registered Artists to submit your trademark application via the USPTO’s TEAS Plus System, and you will accept communications from the USPTO via e-mail. In the event that your application cannot be accepted via the USPTO’s TEAS Plus System, you agree to pay any additional filing fees as may be charged by the USPTO.
  6. You understand that once a trademark application is submitted to the USPTO, you may be (unless you are represented by an attorney) contacted by the USPTO. You may be required to communicate electronically with the USPTO through its TEAS system, and that if you fail to respond, the USPTO may charge additional processing fees, and may refuse to register your mark.
  7. You are responsible for all fees and costs, including USPTO processing fees, incurred as a result of any and all services provided and performed by Registered Artists on your behalf or at your direction. Such fees are due and payable immediately, but for some services (such as monitoring) you will be required to prepay. Any fees charged by Registered Artists, including government filing fees paid in conjunction with a submission, to the USPTO are non-refundable.
  8. YOU EXPRESSLY UNDERSTAND THAT THERE IS NO GUARANTEE THAT THE USPTO WILL APPROVE A MARK FOR REGISTRATION ON THE PRINCIPAL OR SUPPLEMENTAL REGISTER. IF THE USPTO REFUSES TO REGISTER A MARK ON AN APPLICATION SUBMITTED ON YOUR BEHALF BY REGISTERED ARTISTS, YOU WILL NOT BE PROVIDED WITH A REFUND.
  9. The description and pricing for legal services displayed on the Registered Artists website are provided by the attorney and law firm (“Network Legal Counsel”) providing said services and pricing. Should you retain Network Legal Counsel and enter into an attorney/client relationship, Registered Artists will not participate in confidential and privileged communications between you and the Network Legal Counsel.
  10. In the event you elect to retain Network Legal Counsel, you understand that Network Legal Counsel will first have to complete a conflicts check, and if there is no conflict, will require that you enter into a retainer agreement for legal services. Registered Artists is not a law firm, does not provide legal services, and will not be a party to the retainer agreement between you and the Network Legal Counsel. You are entirely responsible for all fees and costs charged to you by Network Legal Counsel, and expressly waive and release all claims against Registered Artists for any amounts sought by Network Legal Counsel for any legal services provided.
  11. You understand that Registered Artists will not earn any portion of fees for legal services provided by Network Legal Counsel.
  12. You understand that Registered Artists will not generate or maintain physical copies of your application, payment information, drawings and/or specimens. All such information and documentation will be stored in electronic form only. You further understand that in the event of a catastrophic hardware, software or electrical failure, or other event, all data to your account could be lost and unretreivable. You expressly understand and agree that it is your responsibility to back-up your data and ensure such back-up documentation is secure.
  13. You understand and agree that all information provided to the USPTO, except payment information, will become a part of the public record, and will be viewable on the USPTO website, including other websites and databases which obtain data from the USPTO website.
  14. You expressly authorize Registered Artists to affix your digital signature to USPTO submissions as necessary to permit Registered Artists to fulfill its obligations under this Agreement.
  15. You understand that any submission to the USPTO is an official document being provided to a federal governmental agency. You expressly understand that any willful and/or false statement made by you in a submission to the USPTO is punishable by fine, imprisonment, or both. REGISTERED ARTISTS DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY OF THE INFORMATION IN YOUR SUBMISSION, AND HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY YOU WHICH IS INCLUDED IN ANY SUBMISSION TO THE USPTO OR ANY OTHER GOVERNMENTAL ENTITY.
  16. You understand that the basic trademark search conducted by Registered Artists searches only the USPTO database, and does not include search of other federal, state or local databases, or internet searches, which may support the basis for a common law trademark claim.
  17. You understand that, even if Registered Artists provides you with trademark monitoring services, you are solely responsible for maintaining any registered trademark.
  18. In connection with utilization of Registered Artists’ services, including any submission to the USPTO, you are required to provide personal information, such as name, mailing address, e-mail address, telephone number(s), and payment information. You represent and warrant that all information provided is current, complete, and accurate, and that you will update Registered Artists as necessary to maintain its completeness and accuracy.
  19. Registered Artists clients are provided with a user name and password in connection with their USPTO submissions. Registered Artists will not share your user name and password with any third-party, including the USPTO. You are responsible for maintain the confidentiality of your password. You may not use the account, user name, or password of any other Registered Artists client at any time, and must immediately notify Registered Artists in the event you become aware of any unauthorized use of your account. Registered Artists shall not be held liable for any loss that you incur as a result of any other person using your account, including your user name and/or password.
  20. You must immediately notify Registered Artists if any credit/debit card that you have provided to Registered Artists is lost, stolen or has been used without your permission.
  21. Registered Artists reserves the right to change the terms of this Agreement at any time upon publishing the revised terms of this Agreement on the Registered Artists website.
  22. By utilizing the services of Registered Artists, you consent to receive periodic e-mail communications regarding services provided by Registered Artists, and may also elect to receive periodic e-mails regarding special offers and/or other promotions (“Special Offers”). You may opt-out of receiving such Special Offers at any time by following the unsubscribe instructions contained within the Special Offer.
  23. The Registered Artists website, including any portion therein, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose with the express written consent of Registered Artists.
  24. Registered Artists’ website links with websites of other third parties (“Third-Party Websites”). Some links to Third-Party Websites are established based upon relationships between Registered Artists and other third-parties. However, Registered Artists does not have any relationship or control over other links to Third-Party Websites with third-parties with whom Registered Artists has no relationship. Registered Artists does not represent, warrant or endorse any Third-Party Website or guarantee the accuracy or lawfulness of any information contained on any Third-Party Website. Registered Artists expressly disclaims, and you agree to assume, all responsibility and liability for any loss, damages or other harm, whether to your or to third parties, resulting from your use of Third-Party Websites. Opinions, advice, statements, or other information made available on Third-Party Websites are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. Registered Artists does not (i) guarantee the accuracy, completeness, or usefulness of any Third-Party Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a Third-Party Website.
  25. “Registered Artists” and the Registered Artists logo are trademarks of Registered Artists, LLC. Your use of this website and utilization of services provided by Registered Artists does not grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the name “Registered Artists” or the Registered Artists logo. You agree that any goodwill in the name “Registered Artists” and/or the Registered Artists logo generated as a result of your use of this website, or utilization of services provided by Registered Artists, will inure to the benefit of Registered Artists. You agree to assign, and hereby do assign, all such goodwill to Registered Artists. You shall not at any time, nor shall you assist others to, challenge Registered Artists’ right, title, or interest in or to, or the validity of, the name “Registered Artists” and/or the Registered Artists logo.
  26. THE LIABILITY OF REGISTERED ARTISTS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REGISTERED ARTISTS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR INCOME, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO REGISTERED ARTISTS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF REGISTERED ARTISTS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO REGISTERED ARTISTS DURING THE SIX MONTHS PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN REGISTERED ARTISTS AND YOU. THE REGISTERED ARTISTS WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT LIMITATION, YOU RELEASE REGISTERED ARTISTS FROM ALL LIABILITY REGARDING SERVICE OF PROCESS AFTER CANCELLATION AND/OR TERMINATION. THIS INCLUDES WITHOUT LIMITATION, A RELEASE OF ANY LEGAL LIABILITY TO YOU FOR REGISTERED ARTISTS’ REFUSAL TO ACCEPT SERVICE OF PROCESS ON YOUR BEHALF AFTER CANCELLATION AND/OR TERMINATION.
  27. THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND REGISTERED ARTISTS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
  28. You agree to defend, indemnify and hold harmless Registered Artists and its officers, directors, members, managers, employees, agents, affiliates, representatives, Network Legal Counsel, successors and assigns (collectively “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) your access to or use of the Registered Artists’ website and/or utilization of Registered Artists’ services; (iii) any submission to the USPTO made on your behalf; or (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
  29. This Agreement is made subject to and shall be governed by and construed exclusively under the laws of the State of California, without regard to conflicts of laws principles. Each party hereby irrevocably submits to the exclusive jurisdiction of the United States District Court for the Central District of California, or the Los Angeles County Superior Court, in any action, suit or proceeding arising out of or relating to this Agreement or any of the transactions contemplated hereby, and agrees that any such action, suit or proceeding shall be brought only in such court, provided, however, that such consent to jurisdiction is solely for the purpose referred to in this section and shall not be deemed to be a general submission to the jurisdiction of said courts or in the State of California other than for such purpose. Each party hereby irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such action, suit or proceeding brought in such a court and any claim that any such action, suit or proceeding brought in such a court has been brought in an inconvenient forum. In the event of the bringing of any action, arbitration or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party will be entitled to have the recovery of and from the other party all costs and expenses of the action, arbitration or suit, reasonable attorneys' fees and any other professional fees resulting therefrom.
  30. Pursuant to Section 1789.3 of the Civil Code, California residents are entitled to the following consumer rights notice: The name, address and telephone number of the provider of this service is Registered Artists, LLC, 22662 Flamingo Street, Woodland Hills CA 91364; (818) 404-3086. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address. The Compliance Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
  31. Registered Artists reserves the right to, within its sole discretion and without notice or liability, deny use of its website and/or services to any person for any reason or for no reason at all, including, without limitation, for any breach or suspected breach of any representation, warranty or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate in the event that you breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by Registered Artists. You may terminate this Agreement, and your rights hereunder at any time, for any or no reason at all, by providing to Registered Artists notice of your intention to do so, in the manner required by this Agreement. Any termination of this Agreement automatically terminates all rights granted to you under this Agreement, including all rights to use the Registered Artists website and or services. Upon termination, Registered Artists may, but has no obligation to, rescind any services, including, without limitation, trademark monitoring services, and/or delete from Registered Artists’ systems all your personal information and any other files or information that you made available to Registered Artists. Subsequent to termination, Registered Artists reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of its website and services, including, without limitation, technological barriers such as IP mapping and direct contact with your Internet Service Provider. If Registered Artists, in Registered Artists’ discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Registered Artists will be entitled to recover from you as part of such legal action, and you agree to pay, Registered Artists’ reasonable costs and attorneys' fees incurred as a result of such legal action. Registered Artists will have no legal obligation or other liability to you or to any third-party arising out of or relating to any termination of this Agreement.
  32. All notices required or permitted to be given under this Agreement must be in writing. Registered Artists shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Registered Artists. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH REGISTERED ARTISTS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON REGISTERED ARTISTS SENDING AN EMAIL TO THAT ADDRESS. You shall give any notice to Registered Artists by means of (i) certified U.S. mail, return receipt requested, postage prepaid; or (ii) overnight courier, each as send to 22662 Flamingo Street, Woodland Hills CA 91364. All notices to Registered Artists will be deemed received as follows: (i) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card; or (iii) if by overnight courier, on the date the receipt is confirmed by such courier service. You agree that any notice received from Registered Artists electronically satisfies any legal requirement that such notice be in writing.
  33. This Agreement constitutes the entire agreement between Registered Artists and you concerning your use of the Registered Artists website and/or its services, and supersedes all prior agreements and representations. This Agreement may only be modified by a written amendment signed by an authorized executive of Registered Artists, or by your acceptance of an updated version of this Agreement. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without the prior written consent of Registered Artists. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. No agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the Indemnified Parties, the terms and provisions of this Agreement are intended solely for the benefit of each party hereto and their respective successors or permitted assigns, and it is not the intention of the parties to confer third-party beneficiary rights upon any other person. Notwithstanding the foregoing, you acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by you would cause irreparable injury to Registered Artists and would therefore entitle Registered Artists to injunctive relief.
  34. You will, whenever and as often as it shall be requested to do so by Registered Artists, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all such approvals, consents and any and all other documents and do any and all other acts as may be necessary to carry out the intent and purpose of this Agreement.