PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE as they serve as an enforceable contract between us and contain important information about your legal rights, remedies, and obligations.
IF YOU LIVE IN THE UNITED STATES, BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH SPARKMARKS THROUGH BINDING INDIVIDUAL ARBITRATION ONLY, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTIONS AND TO HAVE CLAIMS DECIDED BY A JURY, AS EXPLAINED IN THE DISPUTES SECTION.
By using SparkTrademarks.com website (the “Site”) you agree to follow and be bound by the terms of use (the “Terms of Use”) and agree to comply with all applicable U.S. laws and regulations for the use of Spark Trademarks Website, located at sparktrademarks.com. By accessing this website we assume you accept these Terms of Use. Do not continue to use sparktrademarks.com if you do not agree to take all of the Terms of Use stated on this page. By using SparkMarks Website, Applications, Training Programs, or Services you agree that you are at least 18 years of age and are legally able to enter into a contract.
SparkMarks’ mission is to empower individuals and businesses with the United States Patent and Trademark Office’s own trademark rules and guidelines through the sharing of informational and educational content through the SparkMarks Website, Applications, Training Programs, and Services. SparkMarks provides an online training platform giving visitors and users a general understanding of trademarks and to provide a service to individuals who choose to have our system prepare their USPTO filing forms using their provided information.
Our content, training, and services are not substitutes for an attorney and should not be construed as such. Redeye Works LLC, dba SparkMarks is not a law firm and your use of SparkMarks Website, Applications, Training Programs, or Services does not establish nor imply any sort of attorney-client relationship with us. SparkMarks is not a law firm and may not perform services performed by an attorney. SparkMarks makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the information contained on our site for any purpose.
SparkMarks provides the information contained on this site for general informational and educational purposes only and should not be construed to be legal advice or a substitute for legal counsel. Any reliance you place on such information is therefore strictly at your own risk. Should you have questions or need legal advice, please contact an attorney. These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute, as described in Paragraph 7 and 8 below.
SparkMarks automated services include a review of your answers for completeness, spelling, and for internal consistency of names, company names, addresses, email addresses, and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. SparkMarks is not a law firm and may not perform services performed by an attorney. SparkMarks, its Services, and its forms or templates are not a substitute for the advice or services of an attorney. The legal information contained on the Site, in any of our Training Programs, Applications, or our Services is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific issue you should consult a licensed attorney near you.
SparkMarks is not a law firm and occasionally will market advertisements that assist specific lawyers, law firms and others to obtain potential trademark leads. SparkMarks will occasionally run media advertisements in the United States with the goal of connecting consumers with law firms throughout the country that work in the area of intellectual property to which they are seeking legal assistance for. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. Do not use this site as a substitute for seeking your own legal advice or making your own investigation of facts. By its very nature, this is an Interstate Commerce matter and you acknowledge that this website evidences business transactions involving Interstate Commerce. Since SparkMarks and the visitors of this site agree to resolve any dispute through binding arbitration, the Federal Arbitration Act FAA), 9 USC §1 et seq., shall govern the interpretation, enforcement of such proceedings; See paragraph 10 below.
SparkMarks may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) third party attorney directory listings and (ii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with SparkMarks through the performance of any such services.
This Site, Training Programs, Applications, and our Services are not intended to create any attorney-client relationship, and your use of SparkMarks does not and will not create an attorney-client relationship between you and SparkMarks. Instead, you are and will be representing yourself in any legal matter you undertake through SparkMarks' automated legal document services.
1. Choice of Law and Venue. The laws of the State of Wyoming will govern this Agreement without giving effect to conflict of law principles or the location of your use, and you agree to submit to the exclusive jurisdiction and venue of the federal and state courts in Wyoming. Any legal actions arising from or relating to your use of the Site or Materials that are not covered by the arbitration clause below shall be instituted in the state or federal courts in Wyoming. You agree exclusively and irrevocably to submit to the jurisdiction of Wyoming and agree that venue is proper in these courts in any such legal actions that are not covered by the arbitration clause below.
2. Privacy Policy. A complete statement of SparkMarks’ current Privacy Policy can be found by clicking here.
SparkMarks’ Privacy Policy is incorporated into this Agreement. When you open an account to use or access certain portions of the Site, Training Programs, Applications, or our Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a username and password. You are responsible for maintaining the confidentiality of your password. You may not use a third party's account, username or password at any time. You agree to notify SparkMarks immediately of any unauthorized use of your account, username, or password. SparkMarks shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by SparkMarks, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. In connection with the use of certain SparkMarks products or services, you may be asked to provide personal information in a questionnaire, application, intake form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant SparkMarks a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by SparkMarks at any time by removing your personal information from the applicable service.
3. Links to Third Party Sites. This Site, Applications, Training Programs, and Services may contain links to websites controlled by parties other than SparkMarks (each a "Third Party Site") including government-controlled websites such as the United States Patent and Trademark Office (USPTO). SparkMarks works with a number of partners and affiliates whose sites are linked with SparkMarks. SparkMarks may also provide links to other citations or resources with whom it is not affiliated. SparkMarks is not responsible for and does not endorse nor accept any responsibility for the availability, contents, accuracy of information provided, products, services, or use of any Third-Party Site, any website accessed from a Third-Party Site or any changes or updates made to those sites. SparkMarks makes no guarantees about the accuracy of the content nor the quality of the products or services provided or offered by Third-Party Sites. SparkMarks is providing these website links as a convenience to you and the inclusion of any website link does not imply endorsement by SparkMarks of the Third-Party Site, nor does it imply that SparkMarks sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of the content and information provided on a Third-Party Site and agree that SparkMarks is not responsible for any loss or damage of any sort you may incur from dealing with a Third-Party.
4. Limited Permission to Download. SparkMarks hereby grants you permission to view, download, copy and print PDF Provided Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and/or trademark notices appearing on any PDF Provided Materials not be altered or removed, (ii) the PDF Provided Materials are not used on any other website or in a networked computer environment and (iii) the PDF Provided Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed PDF Provided Materials. Unauthorized use of any PDF Provided Materials contained on this Site, in our Training Programs, Applications, or Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
5. Intellectual Property. SparkMarks Site, Training Programs, Applications, and Services, as well as the overall look and feel of our Website and its overall impression, are owned and operated by SparkMarks and are protected by U.S. and international intellectual property, property, and trade secret laws. All right, title and interest in and to the materials provided on this Site, Training Programs, Applications, and Services including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by SparkMarks or by our respective third-party authors, developers, licensors, or vendors ("Third-Party Providers"). Except as otherwise expressly provided by SparkMarks, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of SparkMarks’ intellectual property rights, whether by estoppel, implication or otherwise. SparkMarks does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by SparkMarks. Any rights not expressly granted herein are reserved by SparkMarks. You agree not to remove any intellectual property or other notices, copy, modify, create derivative works of, republish, publicly display, sell, offer to sell, or exploit any of our protected materials (unless it is expressly permitted by SparkMarks or we provide our written permission to do so). By providing comments, suggestions, or changes to SparkMarks, you agree to grant SparkMarks, under all right, title, and interest in those comments, suggestions, and changes a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use them or to incorporate them into SparkMarks Site, Training Programs, Applications, and Services.
6. Nature of Public Government Documents, Data, and Records Displayed. Publicly available documents, data, and records displayed on the Site, in the Training Programs, and Applications are from USPTO government records. SparkMarks works hard to ensure the data is current and accurate. However, we cannot guarantee the accuracy of the data on the Site, in the Training Programs, or Applications. At the request of trademark owners, individual records on the Site, in the Training Programs, or Applications may be removed or masked. While certain trademarks are displayed on the Site, in the Training Programs, or Applications as live or active, we cannot guarantee that these trademarks are currently being used, or if there are any common law or copyright claims that may be made to these marks. Federal law does not require us to delete publicly available information as it is deemed public. However, on SparkMarks, we offer the option to remove your publicly available trademark information as a courtesy. To request removal of your publicly available trademark record, please email [email protected] with your request.
7. Use of SparkMarks Prepared Third-Party Legal Forms. On our Site or Applications we offer prepared Third-Party legal forms from the United States Patent and Trademark Office (USPTO). These forms are prepared using your provided information through the USPTO’s site. If you buy a prepared USPTO form from us, you will be directed to the USPTO’s website to upload and file and their terms of use will control. If you buy or download a form on our Site or Application, the terms and conditions of these Terms of Use control. You acknowledge and understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.
8. Payments. We accept a number of electronic payments. If the Customer pays by credit card, the Customer agrees that the Customer is authorized to permit the charge.
9. Disputes. All parties to this Agreement will use their best efforts to settle in good faith and through amicable negotiations any disputes which may occur between them arising out of or relating to this Agreement or the existence, validity, termination, interpretation of any term hereof. Before commencing any proceeding or taking any action relating to a dispute or claim that is intended or would reasonably be expected to harm SparkMarks, you will first contact SparkMarks regarding the issue at
[email protected] and provide 45 calendar days to investigate the dispute and attempt to provide a consensual resolution. All parties agree to negotiate and act in good faith during this period. To the extent that such disputes cannot be resolved, the only forum and remedy will be final and binding arbitration conducted by the American Arbitration Association under its Commercial Arbitration Rules.
10. Agreement for Binding Arbitration.
All claims must be asserted in your individual role and not as a plaintiff or class member in any class action, collective action, private attorney general action, or other representative proceeding. This waiver also applies to class arbitration which may not consolidate more than one person’s claims without SparkMarks’ consent. You also agree that under this Agreement, all parties are each waiving rights to a trial by jury. In the event the parties are not able to resolve disputes between them, then such disputes shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. This arbitration provision shall survive the termination of these Terms of Use. You and SparkMarks agree that the state or federal courts of the State of Wyoming and the United States sitting in Sheridan County, Wyoming have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.
11. Force Majeure.
Neither you nor SparkMarks will be liable for any delay, interruption of services, error, or failure to perform under this Agreement caused by a condition that was beyond reasonable control for as long as the issue persists. This paragraph includes conditions such as computer viruses, natural disasters, Third-Party provider issues, Third-Party government website issues, unauthorized access, theft, severe weather, civil disorder, terrorism, war, or threats of such, pandemic outbreaks, governmental restrictions, and any other events beyond both parties’ reasonable control.
12. Use of Cookies and Similar Technologies.
We employ the use of cookies and similar technologies. By accessing sparktrademarks.com you agree to use cookies in agreement with the SparkMarks Privacy Policy. Most interactive websites use cookies to allow us to retrieve the visitor’s details for each visit. Cookies and similar technologies are used by our website to enable the functionality of certain areas to make it easier for visitors to our Site, Training Programs, and Applications. Additionally, any Third-Party Sites provided through our Site, Training Programs, or Applications may also employ the use of cookies and similar technologies. Please see the Third-Party Site for their policy regarding the use of cookies and similar technologies.
Disclaimer: The information contained on this website is provided for informational purposes only and should not be construed as legal advice. SparkMarks™ is not a law firm. SparkMarks™ makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the information contained on our site for any purpose. SparkMarks™ provides the information contained on this site for general informational and educational purposes only and should not be construed to be legal advice or a substitute for legal counsel. Any reliance you place on such information is therefore strictly at your own risk. Should you have questions or need legal advice, please contact an attorney. Your use of this website is also subject to our Terms of Use and Privacy Policy. Copyright © 2024. All Rights Reserved. SparkMarks™