ACCEPTANCE OF TERMS.
The services that Siebay provides to you are subject to the following Terms of Use. Siebay reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
Siebay provides general information relating to trademarks. Siebay provides self-help services at your specific direction. We are not a law firm. The use of this website should not be a substitute for an attorney. Siebay is not a law firm. We cannot provide any kind of legal advice or explanation about your possible legal rights, defenses, strategies or remedies. We just make it easy and affordable for you to file a trademark application yourself with the USPTO. Since the details of your case are fact dependent, if legal advice or other professional assistance is required you should seek the services of a competent professional person.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement
disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Documents specified above do not include the design or layout of the Siebay Web site or any its Affiliates owned, operated, or controlled site. Elements of Siebay Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Siebay SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE Siebay SITE AND TO THE INFORMATION THEREIN. Siebay AND/OR ITS RESPECTIVE AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Siebay SITE AT ANY TIME. ADVICE RECEIVED VIA THE Siebay SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL ATTORNEY FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
I HEREBY ACKNOWLEDGE AND AGREE THAT Siebay IS NOT A LEGAL LAW FIRM TO OFFER LEGAL ADVICE IN ANY MATTER. I UNDERSTAND THAT Siebay IS NOT AN ATTORNEY TO REPRESENT ME IN MY CASE. INSTEAD, I FULLY AND AM SOLELY RESPONSIBLE FOR THE USE OF INFORMATIONAL SERVICE BY Siebay SITE WITH THE FULL KNOWLEDGE THAT WHATSOEVER CONTENT I PROVIDE TO THE SITE REGARDING MY TRADEMARK APPLICATION IS MY RESPONSIBILITY AND IN NO WAY DO I HOLD Siebay RESPONSIBLE FOR ANY MISHAPS, OR LIABILITY THAT ARISE FROM USING THE SITE. I UNDERSTAND THAT I REPRESENT MYSELF. I HEREBY ACKNOWLEDGE AND AGREE THAT THE CONTENT I PROVIDE ON THE Siebay SITE IS ACCURATE AND TRUE. I AGREE THAT WILL READ AND REVIEW THE FINAL DOCUMENTS BEFORE SIGNING THEM AND WILL BE SOLELY RESPONSIBLE FOR THE CONTENT ON THE FINAL DOCUMENTS. I WILL NOT HOLD RESPONSIBLE Siebay FOR ANY DAMAGES OR LIABILITY FOR ANY CIRCUMSTANCE.
Siebay CORPORATION AND/OR ITS RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE Siebay SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Siebay AND/OR ITS RESPECTIVE AFFIILATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. THIS SITE IS PROVIDED BY Siebay ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Siebay MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
YOU SPECIFICALLY AGREE THAT Siebay SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN Siebay SITE/SERVICE. YOU SPECIFICALLY AGREE THAT Siebay IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT Siebay IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN Siebay SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL Siebay AND/OR ITS AFFIILATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Siebay SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE Siebay SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Siebay SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Siebay SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Siebay OR ANY OF ITS AFFIILATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Siebay SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Siebay SITES/SERVICES.
Siebay AND/OR ITS RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Siebay AND/OR ITS RESPECTIVE AFFIILATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Siebay AND/OR ITS RESPECTIVE AFFIILATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Siebay AND/OR ITS RESPECTIVE AFFIILATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL Siebay AND/OR ITS RESPECTIVE AFFILIATES BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Site for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Site in any manner that could damage, disable,
overburden, or impair any Siebay server, or the network(s) connected to any
Siebay server, or interfere with any other party's use and enjoyment of any
Site. You may not attempt to gain unauthorized access to any Site,
other accounts, computer systems or networks connected to any Siebay server
or to any of the Site, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Site.
Siebay reserves the right at all times to disclose any information as Siebay deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Siebay's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Site. Siebay does not control or endorse the content, messages or information found in any Communication Site and, therefore, Siebay specifically disclaims any liability with regard to the Communication Site and any actions resulting from your participation in any Communication Site. Managers and hosts are not authorized Siebay spokespersons, and their views do not necessarily reflect those of Siebay.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
The Site opts you to open an account, and you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify Siebay immediately of any unauthorized use of your account or any
other breach of security. Siebay will not be liable for any loss that you
may incur as a result of someone else using your password or account, either
with or without your knowledge. However, you could be held liable for losses
incurred by Siebay or another party due to someone else using your account
or password. You may not use anyone else's account at any time, without the
permission of the account holder.
MATERIALS PROVIDED TO Siebay OR POSTED AT ANY Siebay WEB SITE.
Siebay does not claim ownership of the materials you provide to Siebay
(including feedback and suggestions) or post, upload, input or submit to any
Site or its associated services for review by the general public, or by the
members of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are granting Siebay,
its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
(including, without limitation, all Siebay Site), including, without
limitation, the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
Submission; to publish your name in connection with your Submission; and the
right to sublicense such rights to any supplier of the Site.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SEARCH SERVICES
If you use our search services, we will use the relevant public records to provide you with search information that matches to the name you seek to search. Since we're not a law firm, we cannot provide you with legal advice, make suggestions, or tell you what course of action you should take as a result of the search information.
We cannot guarantee that your mark will be approved or denied even if you use our search services. These search findings do not imply that your application will be denied or approved by the United States Patent and Trademark Office (USPTO). The search results are for informational purposes. It is not meant to be legal advice as to whether your proposed mark will be rejected or whether it would be considered similar to another mark. The decision to grant, deny or request further clarification of a mark solely relies on the USPTO after they conduct their own search.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Most customer concerns can be quickly resolved by calling our customer support or emailing us with your concerns. In the unlikely event that the customer support is unable to resolve your complaint to your satisfaction, we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.In this Agreement, Dispute is defined as “any dispute, claim or controversy between you and Siebay, its members, officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Site or Service, or otherwise regarding any aspect of your relationship with Siebay that has accrued or may thereafter accrue.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE
The arbitrability of any Disputes is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive law of any Disputes, to the maximum extent authorized by law, the laws of the State of Illinois govern the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles.
Arbitration. Any Dispute shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
Arbitration Agreement:
(a) Siebay and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into these Terms, you and Siebay are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Siebay should be addressed to: Notice of Dispute, General Counsel, Siebay, 1901 North Roselle Road, Suite 800, Schaumburg, IL 60195 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Siebay and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Siebay may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Siebay or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Siebay is entitled.
(c) After Siebay receives notice at the Notice Address that you have commenced arbitration, for any non-frivolous claim that involving $75,000 or less, we will promptly reimburse you for your payment of the filing fee and pay the AAA's and arbitrator’s fees and expenses. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. You agree to commence arbitration only in your county of residence or in Cook County, Illinois. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Siebay was a party.
(d) Except as otherwise provided for herein, Siebay will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Siebay for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
(e)The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND Siebay AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Siebay agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(f) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(g) The arbitrator may award the same damages to you individually as a court could. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Siebay's last written settlement offer made before an arbitrator was selected, then Siebay will:
- pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and
pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the "attorney's payment").
- If Siebay did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits.
- The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Siebay’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Siebay’s settlement offer.
- The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Siebay may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, Siebay will not seek such an award.
(h) If the Dispute is not arbitrated by the choice of the parties or a court does not compel arbitration if either party elects to arbitrate for whatever reason, the Dispute will be decided by a court without any right by either party to a trial by jury. Any such court proceeding, including any efforts to compel arbitration or initially filed lawsuits that arises out of or relates to this Agreement or use of the Sites shall be decided exclusively by a court of competent jurisdiction located in the Chicago, Cook County, Illinois.
