My Copyrights and Trademarks, LLC provides services and its website is located at http://www.MyCopyrightsandTrademarks.com (the "Website") subject to your compliance with the Terms of Use set forth herein. This document is a legal agreement ("Agreement") between you and My Copyrights and Trademarks, LLC ("MC&T"). By accessing or using the MC&T Website you understand and agree to be bound to the following terms and conditions which may be updated at anytime without prior notice:

In consideration of your use of the Website, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the MC&T’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it truthful, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or MC&T has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, MC&T has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof) and not credit/refund you for any monies paid to MC&T. You will receive a password and account designation upon completing the registration process for the use of some Websites. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MC&T of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. MC&T cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MC&T, are entirely responsible for all Content that you upload, post, e-mail, or otherwise transmit via the Website. MC&T does not control the Content posted via the Website and thus does not guarantee its accuracy, integrity, or quality. By using the Website, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will MC&T be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via the Website.

You agree to not use the Website to:

Upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website; upload, post, e-mail, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;  upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in areas designated for such purpose; upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; or “stalk” or otherwise harass another or collect or store personal data about other Users.

You acknowledge that MC&T does not pre-screen Content, but that MC&T and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Website. Without limiting the foregoing, MC&T and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MC&T or submitted to MC&T, including without limitation information in MC&T Message Boards and in all other parts of the Website.

You acknowledge and agree that MC&T may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MC&T, its Users, and the public.

You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Recognizing the global nature of the Internet, you agree to comply with all local, state and federal rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

With respect to all Content you elect to post to other publicly accessible areas of the Website, you grant MC&T the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Grant of License

MC&T grants you a limited, non-exclusive, non-transferable license to access, download and use the materials and business forms contained within this website for your personal non-commercial use subject to the provisions of this Agreement. Any other use of the materials and business forms on the website including but not limited to reselling MC&T’s business forms by you or any person, business, corporation or any other entity is strictly forbidden and is a violation of this Agreement.

You expressly agree to use this site at your own risk. The website content, forms, and material on our website are provided "as is", without warranties of any kind either express or implied with regard to their legal effectiveness, adequacy, suitability or completeness. We make all reasonable efforts to maintain this website in an accurate and current manner, however, we do not guarantee the accuracy of any information, Website, or materials provided through this website.

This Website is Not a Substitute for Legal Counsel

MC&T IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE. ONLY AN ATTORNEY CAN PROVIDE YOU WITH SPECIFIC LEGAL ADVICE. THE INFORMATION CONTAINED ON THISWEBSITE IS PROVIDED AS GENERAL INFORMATION ONLY AND IS NOT INTENDED TO SERVE AS A SUBSTITUTE FOR LEGAL ADVICE FROM AN ATTORNEY FAMILIAR WITH THE FACTS AND CIRCUMSTANCES OF YOUR SPECIFIC SITUATION.

You understand that MC&T is a copyright and trademark application preparation Website and a publisher of general information. The MC&T Websites are designed to assist you with registering your copyright with the U.S. Copyright Office and federal trademark or service mark with the United States Patent & Trademark Office (USPTO). MC&T is not a law firm and neither MC&T nor any of its officers or employees provides legal services or legal advice. The materials available on the website contain information of general application and are not intended to replace the advice of an attorney. You are advised to consult with competent legal counsel to determine the current law and how it may apply to your particular situation.

Submission of Information

By placing an order through the MC&T website you agree that you are responsible for the submission of accurate information and that all information provided by you is exactly as you want in order for us to perform the requested services. We use the information that you provide on our online application forms to complete and submit the U.S. Copyright Office and USPTO form(s) you have selected, or to conduct a trademark search or trademark monitoring service. Our review of your application information is limited to completeness, grammar, spelling, consistency, and obvious errors based on the information you provide. We do not review your application for legal sufficiency.

Appointment as Authorized Agent

By using this Website, you appoint MC&T to act as your authorized agent for the processing and submission of your copyright application to the United States Copyright Office, and/ or submission of your trademark or service mark application to the USPTO. You agree that MC&T is acting only as a third-party agent in delivering the materials and application information you provide, and that MC&T assumes no responsibility or liability for the nature or appropriateness of your application or any materials provided by you. We are not responsible for advising or reminding you of any future filing requirements or obligations. Our sole responsibility is the preparation of your requested application and if applicable, filing on your behalf.

In the event that MC&T obtains reduced government filing fees as a result of the additional time and labor required for electronic filing with the U.S. Copyright Office, or filing through the USPTO’s TEAS Plus filing system, the difference in the filing fees collected shall be considered earned by MC&T and shall be included in the My Copyrights and Trademarks.com Website fee.

Purchases by Your Agent

You understand and agree that if an agent acting on your behalf purchases our services for you, you are bound as a principal by all Terms of Use herein.

No Third-Party Beneficiaries

This Agreement is solely between you and MC&T. There are no third-party beneficiaries to this Agreement and only MC&T and you may enforce the terms and conditions of this Agreement.

Satisfaction Guarantee & Refund Policy

MC&T guarantees your satisfaction with our services and support. In the event that you are dissatisfied with our services for any reason, please contact us immediately and we will use our best efforts to resolve the matter to your satisfaction by either correcting the situation or by providing a refund.

All refund requests must be made within three (3) business days of purchase with the exception of MC&T’s Express Delivery Service, which is non-refundable. Failure to request a refund within three days of purchase waives any right for a refund.

Please note that we cannot guarantee the results or outcome of any applications. The U.S. Copyright Office or U.S. Patent & Trademark Office may reject an application for legal reasons beyond the scope of the My Copyright and Trademark, LLC’s services.

Copyright Searches and Trademark Searches

Copyright searches and Trademark searches may be compiled from a variety of sources including but not limited to the United States Patent and Trademark Office, state trademark databases, online databases, domain name databases and a variety of common law databases and publications. While reasonable steps are taken to ensure the accuracy and completeness of a copyright search, trademark search or trademark monitoring report, we cannot verify every possible identical or substantially similar work or mark to that which you have requested. Accordingly, we do not guarantee that any copyright or trademark search is without errors. The data contained in our copyright search and/or trademark search is for information purposes only, and does not constitute legal advice.

Disclaimer of Warranty

THIS WEBSITE, INCLUDING ALL CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INFORMATION RECEIVED THROUGH IT.

MC&T makes no guarantees or warranties that any copyright or trademark application prepared through the MC&T Websites will be satisfactory to the U.S. Copyright Office or U.S. Patent and Trademark Office or that a Certificate of Registration shall be issued. You are solely responsible for the filing of your application with the appropriate government office and for responding to any and all inquiries, office actions, objections to, or rejection of any application for registration asserted against you. The issuance of a federal trademark or copyright registration is based on various factors, subjective and objective, which are applied on a case-by-case basis. You understand that errors or omissions in any application may result in the delay or denial of a filing date; the denial or rejection of the application for registration; or the forfeiture of application fees.

Limitation of Liability

Under no circumstances will MC&T, its officers, agents, representatives or employees be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or in connection with MC&T’s service or the use of its website, nor will MC&T be responsible for any loss, damage, claim, inconvenience, or other consequences resulting from or alleged to be caused by the use of MC&T’s services or website including, without limitation, any errors, omissions, interruptions, defects, delays in transmission, damages for lost profits, business interruption, costs of substitute services or for any other claim against you by any other party. Our liability for any and all claims, whether in contract, tort, or other theory of liability is strictly limited only to amounts paid by you to MC&T.

Warranty and Indemnification

You represent and warrant that your use of the materials contained within this Website will at all times comply with all applicable laws, rules, regulations, and this Agreement. You hereby agree to indemnify, defend and hold harmless MC&T and its officers, directors, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including, but not limited to, legal costs and expenses and attorneys' fees) arising out of or relating to any breach by you of the foregoing representations, warranties and covenants or use of the MC&T Website. You agree to cooperate as fully as reasonably required in the defense of any claim.

Intellectual Property

The MC&T website contains proprietary material that is or may be protected by United States and international copyright law, trademark law, trade secret law, and other intellectual property laws. All rights not granted to you herein are expressly reserved by us. No portion of the materials obtained from or through this website may be reprinted, republished, redistributed, reproduced, retransmitted or otherwise transferred in any form except for your private or internal business use without the prior express written consent of MC&T. Any unauthorized use of this website or its content is expressly prohibited and may subject you to civil liability and / or criminal prosecution under applicable laws.

Further, by acceptance of this Agreement you hereby grant to MC&T a non-exclusive, worldwide, and royalty-free license to use your content, including but not limited to copyrights and/or trademarks as necessary for the purposes of rendering and operating our services to you under this Agreement.  You expressly (a) grant MC&T a license to store,  cache or archive materials distributed or made available for distribution via the services, including content supplied by third parties, and (b) agree that such storing, caching and archiving is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of your copyrights and/or trademarks or to use your copyrights or trademarks with any other products or services outside the scope of the services provided under this Agreement.  The limited trademark use rights granted under this section terminate upon termination of this Agreement.

Copyright

All content within the MC&T website including but not limited to all material, text, graphics, images, design, icons, source code, software and other copyrightable elements including the selection, ordering and arrangement thereof are the exclusive property of MC&T and /or their respective owners. You may not disassemble, reverse engineer, rent, lease, sell, sub-license or create derivative works from this website. You may not copy, modify, reproduce, republish, distribute, display or transmit any portion of this website except for your own personal use. We make no claim to original U.S. government works which may appear or are used on this website.

Trademarks

MC&T reserves all rights in its trade names, trademarks, service marks and logos. The MC&T name and logos are trademarks or service marks of MC&T and may not be reprinted or displayed in any form without the express written permission of MC&T. The unique trade dress of the MC&T website design is a service mark of MC&T and may not be reproduced or copied in any form without the express written permission of MC&T.

Memberships

All members of MC&T’s Website will be subject to, and must comply with all of the terms and conditions of this Agreement. Depending on your membership level, members may receive a discount on all services and products on MC&T’s website.  The discount rate will be listed on MC&T’s Website and may change from time to time depending on market levels and are subject to modification without notice. Further, depending on the membership level, members may earn commissions if a customer identifies them as a referrer when making a purchase on MC&T’s Website.  The commission rate will be listed on MC&T’s Website and may change from time to time depending on market levels and are subject to modification without notice.  Members will not earn commissions if the purchase was not made on MC&T’s Website and/or if the purchase was unlawful.

In order to eligible to earn commissions as an MC&T Member you must do the following:

1)         Become a Member;

2)         Complete MC&T’s Membership Form; and

3)         Complete a W-9 Form and submit to us via U.S. Mail or electronic mail at the following addresses:

Address:           My Copyrights and Trademarks, LLC

199 E. Flagler Street, Ste. 1810

Miami, Florida 33131

E-mail: support@mycopyrightsandtrademarks.com

Your eligibility to earn commissions may be revoked for failure to comply with the terms and conditions of this Agreement and is subject to modification and MC&T’s sole discretion.

You will only be paid commissions as an eligible MC&T Member if the following occurs:

4)         You become an eligible MC&T Member to earn commissions as set forth above (1-3);

5)         You refer a customer to our website;

6)        The customer identifies you as the referrer (by inputting your username) before making a purchase on the MC&T Website; and the customer makes a purchase on the MC&T website.

Abandoned Earnings. Earnings will be paid out once every thirty (30) days and will be sent to you by check at the address provided by you on the Membership Form. MC&T is not responsible for updating your contact information. To the extent that the address information is incorrect, MC&T shall have no liability for failure to send you your commission earnings. Further, you acknowledge and agree that any unpaid earnings are considered abandoned and will be forfeited after 1 year if your account hasn't been used for more than 180 days.

No Partnership, Joint Venture or Employee-Employer Relationship with MC&T

You acknowledge and agree that you are not a partner, employee or in a joint venture with MC&T. Additionally, nothing in this Agreement shall constitute a partnership, joint venture or employee-employer relationship between you and MC&T.

Account and Password

You agree that MC&T, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Website and remove and discard any Content within the Website for any reason. MC&T may also, in its sole discretion and at any time, discontinue providing the service, or any part thereof, or may change the price for the service, all with or without notice. You agree that any termination of your access to the Website under any provision of this Agreement may be affected without prior notice, and acknowledge and agree that MC&T may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that MC&T shall not be liable to you or any third party for any termination of your access to the Website.

Modification

We may at any time revise these Terms of Use and make changes to the services provided. Any such revision or change will be binding and effective immediately upon posting the revised Terms of Use or change to the Website(s) provided on this website. You agree to review our website periodically to be aware of any such revisions.

Termination

We may terminate this Agreement and your license to use the MC&T Website at any time and for any reason upon prior notice. MC&T, in its sole discretion, reserves the right to refuse to provide services or products to you and is not be liable to you for loss or damages that may result from our refusal to provide services or products.

Severability

If any provision of this Agreement is found unenforceable or void by a court of competent jurisdiction, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity or enforceability.

Governing Law

This Agreement shall be construed, interpreted and governed by the laws of the State of Florida without regard to conflicts of law provisions thereof. The exclusive forum for any dispute arising out of or relating to this Agreement shall be the courts located in Miami-Dade County, Florida. Further, you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Entire Agreement

These Terms of Use constitute the entire agreement between you and MC&T regarding the access to and use of this website. Any waiver or modification of this Agreement or any of its terms shall only be effective if it is in writing and signed by both parties.

If You Do Not Agree

If you do not agree to the Terms of Use herein, you must immediately terminate your use of this website.