Trademark Panda is dedicated to providing an informative and useful website on and through the Website. As a part of the operation of the Website, Trademark Panda gathers certain information about users.
Definitions and Interpretations.
Certain terms used in the Agreement shall have the meaning ascribed to such terms herein. Section headings are used for convenience only and shall have no interpretive effect or impact whatsoever. All the defined terms as set forth herein, if defined in the singular or present tense, shall also retain such general meaning if used in the plural or past tense, and if used in the plural or past tense, shall retain the general meaning if used in the singular or present tense.
Advertiser means a Person who advertises its goods and/or services through the Website, including without limitation attorneys and/or law firms advertising legal services.
Claim means any demand, dispute, complaint, controversy, request for redress, assertion of a cause of action or other claim whatsoever.
Content means all material, information, documents, matter, Intellectual Property, text, Software, data, graphics, computer-generated displays and interfaces, images, photographs and works of whatsoever nature, including, without limitation, all compilations of the foregoing and all results and/or derivations of the expression of the foregoing.
Domain means the internet domain name, internet path name, internet protocol address, URL and/or other address of whatever nature on which the Website resides.
Effective Date means each and every date User indicates its Manifestation of Assent.
Exploit means to use, make, sell or otherwise exploit in any manner whatsoever through any means whether now known or later developed.
Intellectual Property means all foreign, federal, state and common law trademarks, service marks, Domains, Websites, trade dress, copyrights, know-how, show-how, patents, Inventions (whether or not patentable), mask works, Software, proprietary data, customer lists, strategic plans, financial data, Trade Secrets, all other intangible assets of whatsoever nature and all applications for registration and/or issuance with respect to all the foregoing and whether or not any of the foregoing is registerable or patentable, including, without limitation, with respect to all of the foregoing: (i) all goodwill associated with any and all of the foregoing, (ii) all patents, continuations, continuations in part, divisionals, reissues and extensions, and (iii) all moral rights associated with any and all of the foregoing.
Inventions means any idea, invention, technique, modification, process, or improvement (whether patentable or not), any industrial design (whether registerable or not), and any work of authorship (whether or not copyright protection may be obtained for it).
Law means all foreign, federal, state, municipal (and with respect to other countries equivalent counterparts) constitutions, statutes, regulations and other requirements or laws duly instituted.
Losses means any and all damages, liabilities, costs, expenses, fees (including, without limitation, attorneys’, accountants’, investigators’, witnesses’ and professionals’ fees), charges, expenditures, liabilities, damages and other losses of whatsoever nature.
Manifestation of Assent means User’s express representation that User has read the Website Documents, understands the Website Documents, accepts the Website Documents, and will abide by the Website Documents’ respective terms and conditions, including without limitation the obligations to fulfill User’s covenants, representations and warranties contained therein.
Party means User or Trademark Panda.
Parties mean User and Trademark Panda.
Person means any natural person, corporation, limited liability company, limited partnership, partnership trust, association, organization or other entity of whatsoever nature, including without limitation any robot, computer or other non-human or intangible entity.
Prohibited User means a User who is prohibited from Utilizing the Website by the terms and conditions of the Agreement and/or other Website Document.
Right means all right, title, license and interest, including, without limitation, all Intellectual Property right, title, license and interest.
Section means a reference to a provision of this Agreement.
Services means the services offered through the Website, which may at most include automated trademark search, trademark data collection, trademark monitoring, domain registration, search engine optimization, social media search, and logo design.
Software means source code, object code, executable code, or other program or code format whatsoever, whether now known or later developed.
Trademark Panda Intellectual Property means the Intellectual Property owned, held, used or licensed by Trademark Panda, or that which Trademark Panda has Right in or to, including without limitation all Intellectual Property in and to the Website.
Usermeans any Person Utilizing the Website.
User Information means any information provided by User to Trademark Panda through User’s Utilization of the Website.
Utilize means with respect to the Website, any and all Exploitation including without limitation any and all access, execution of Software, and/or utilization of any kind, for and any all reasons, in any manner whatsoever, through any and all means whether now known or later developed.
Website means Trademark Panda Intellectual Property comprised of any and all Content residing at the Domain from which this document is linked.
Use and Access to User Information by Trademark Panda.
User Information provided through the Website is requested for the sole purpose of fulfilling User’s request(s) for Services and keeping User informed with respect thereto. Trademark Panda does not share, sell, rent or trade any User Information with third parties for their promotional purposes.
Trademark Panda has established policies for information privacy and such policies are established with the objective of ensuring that User’s confidentiality expectations are met or exceeded. Such Policies apply not only to collection of User Information by Trademark Panda, but also to the provision of information by Trademark Panda to User. As such, User’s information is secured and accessible only by Trademark Panda or those Persons who are required to access such information for the limited purpose of fulfilling Services.
Collection of User Information by Trademark Panda.
Based upon the nature of the Services, Trademark Panda must collect User Information which may include without limitation information pertaining to User’s trademark(s), domain name(s), website(s), social web username(s), and/or logo design(s). In all cases, Trademark Panda must collect User’s name, address, phone number and email address. In the case of Services relating to User’s trademark(s), Trademark Panda must also collect User Information regarding User’s trademark owner(s), description, goods and services and any of User’s foreign trademark filings. If User is a business, further User Information information regarding such business must also be collected.
Trademark Panda generally does not disclose any User Information to third parties. However, Trademark Panda will disclose information, including User Information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Trademark Panda, (b) protect and defend rights or property, and (c) act under exigent circumstances to protect the personal safety of the Website users, Trademark Panda employees or the public.
Trademark Panda may occasionally contact User to provide information related to the Services User may have ordered through the Website, sought information about via the Website, or otherwise voluntarily requested to receive via a newsletter signup form on the Website. Further, Trademark Panda will add User’s name and email address to Trademark Panda’s email database upon User’s provision of same. In both cases, these communications may include messages regarding promotions, offers or contests, to conduct surveys about your opinion of Trademark Panda, its staff, performance, Services, and/or the Website. User is free to contact Trademark Panda to request cessation of provision of such information, which request Trademark Panda will immediately comply with.
User Information Comprised of User’s Contact Information or Financial Information.
Trademark Panda may use User Information to contact User regarding Services in which user has expressed interest. When User orders Services, Trademark Panda may send one or more email messages to User in furtherance of fulfillment of same including without limitation welcome emails and/or status or progress update emails.
If/when User orders Service(s), User must provide certain User Information as delineated herein including without limitation User’s credit card information. Trademark Panda’s use of such credit card User Information is limited to the purposes for which such User Information was collected including without limitation to bill User for Services rendered or to be rendered, or to contact User if Trademark Panda has trouble processing a payment or rendering Services, respectively.
Attorney-Client Privileged User Information, Public Information.
Based upon the nature of the Services, User’s provision of User Information regarding such Services may eventually or immediately become public information by virtue solely of operation of applicable laws.
Trademark Panda will provide User Information to Advertiser(s) for the purpose of fulfilling User’s request for Services. While communication between User and Advertiser through the Website may be considered attorney-client privileged information if such an Advertiser is also an attorney, no such privilege is created by or between User and Trademark Panda, and User is hereby required in perpetuity to never provide any information of a confidential or sensitive nature to Trademark Panda or to any third Person, as such provision of information may weaken or destroy any attorney-client privilege, at minimum, with respect to such information. Advertiser(s) who are attorneys do not share User’s privileged information with any other party, including Trademark Panda.
Trademark Panda’s information collection forms and pages comply with the US-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information, including from European Union member countries. Trademark Panda has also certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.
Trademark Panda may send User email messages that are not promotional in nature. User may not request to not receive such emails as such emails are intended to convey information of a critical nature, such as services outages and the like.
Modifying User Information.
If any of User’s User Information requires modification by User, or if User wishes to terminate service with Trademark Panda, User may request such modification or termination by email at firstname.lastname@example.org.
At any time, User may request from Trademark Panda, and Trademark Panda will provide to User upon verification of User’s status as User, a copy of User’s User Information held by Trademark Panda.
The Website may place small files, called ‘cookies’ onto User’s computer. Cookies are data files that websites write onto computer hard drive for record keeping purposes when you visit them. In the case of Trademark Panda, the cookie file identifies User as a unique Website user. As a convenience feature, cookies may simplify the process of recording personal information, so that, for example, users do not have to enter names, addresses or passwords repetitively. Cookies also allow users to customize some sites features.
User may program User’s browser not to accept cookies, but upon doing so, User may be unable to access some parts of the Website, and the Website will not be able to customize features according to User’s preferences, if any.
Aggregate data includes information about user traffic on the Website, such as which pages are being visited, the order in which the pages are being visited, which hyperlinks are being clicked, and how many users are visiting the Website. The Website may also log IP addresses of its users. While logging IP addresses does not collect personal information, it may provide information on the geographical location from which users access the site. This aggregate data is not used to identify individual users. Instead, it is used to identify website users as a whole, including demographic information, preferences in content and advertising, maintain quality of service, and web traffic patterns.
Trademark Panda utilizes the services of approved credit card payment processors to process payments collected by Trademark Panda. While these payment processors typically have their own safeguards in place which are at least as stringent as those of Trademark Panda’s (including Secure Socket Layer technology to encrypt transmission of sensitive information), these payment processors are prohibited by law from using User’s personally identifiable information for any purpose other than for processing User’s payment, and even then, only at User’s request.
While research shows that there is no method of transmission of information over the Internet that is 100% secure, Trademark Panda follows industry standard measures to ensure the security of User Information, during, before, and after receipt of such User Information. As such, no one, including Trademark Panda can absolutely guarantee the security of any information sent over the internet, and User understands and agrees that there may be unauthorized capturing or interference with User Information on the Website, for which Trademark Panda is responsible and for which User waives any indemnification claim or responsibility of Trademark Panda, as User understands and agrees that such activities are out of Trademark Panda’s control.
Measures to Safeguard Children.
Trademark Panda encourages parents and guardians to spend time with their children online and to be fully familiar with the sites visited by their children. At various places on the Website, Trademark Panda may ask users whether they are under the age of 18 or 13, and if so, Trademark Panda will ask for a parent’s or guardian’s consent. Trademark Panda relies on users to be truthful in responding to these questions.
Children under 18 years of age are not eligible to utilize the website. Trademark Panda does not intentionally gather or solicit personal data from or about children under 18 years of age without a parent’s or guardian’s consent.
Trademark Panda exists solely within the State of Nevada, Clark County. Regardless of where User resides or may be domiciled, or where User’s browser is physically located, User’s Utilization of the Website shall be interpreted as if to have occurred solely within the State of Nevada, Clark County, and the Website shall be deemed to have been served from and the Service(s) performed solely and wholly within the State of Nevada, Clark County, as if User had physically traveled there to obtain the Service(s).
As such, any Claim relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement that cannot be resolved between the Parties is governed by Nevada law, and shall be brought in a federal or state court in Las Vegas, Nevada within one year after the Claim arises, but in no case earlier than following the fulfillment of any obligation regarding an agreement for arbitration regarding same. User consents to the sole and exclusive jurisdiction of courts located in Las Vegas, Nevada as the most convenient and appropriate for the resolution of Claims relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement that cannot be resolved between the Parties. The Website is controlled, operated and administered entirely within the United States. Use of the Website from locations outside the United States where such practices violate any Law is prohibited.
For further information regarding any of the Website Documents, please contact us at email@example.com.
Trademark Panda provides trademark data management services to facilitate trademark search, trademark registration, and trademark monitoring to companies and individuals around the globe.