Terms of Service & Privacy

As used in this Agreement, “you” and “your” mean our customers, prospective customers, and visitors to our web site; “we,” “us,” and “our” mean The Trademark Company (hereinafter “The Trademark Company”); and “Service” means the services we provide. All use of our services is governed by this Agreement, which we may revise from time to time without advance notice. Revised terms become binding and effective when the updated Agreement is posted on our web site. Particular services or information on this web site may also be governed by additional posted terms or guidelines, all of which are incorporated into this Agreement by reference.

Your use of The Trademark Company website (the “Site”) or any The Trademark Company applications or application plug-ins (“Applications”) constitutes your agreement to follow and be bound by these Terms of Services (the “Terms of Services”) and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.

You are responsible for reviewing these Terms of Services on a periodic basis. If you find these Terms of Services unacceptable at any time, or if you do not agree to them, you must discontinue use of this Site and any Applications. Questions regarding these Terms of Services may be directed through Contact Us.

BY USING THE SITE OR ANY SERVICES PROVIDED BY The Trademark Company, YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Under these Terms, disputes must be resolved through individual arbitration rather than jury trials or class actions, and the remedies available to you if a dispute arises are limited.

Please also consult The Trademark Company’ specific package details, Satisfaction Guarantee, and Privacy Policy, each of which is incorporated herein by reference.

General Terms

The Trademark Company’ Services

The Trademark Company offers online legal information to help visitors gain a general understanding of the law, proprietary software for individuals who wish to assemble and file their own legal documents, and access to independent attorneys through our prepaid legal service plans. The Site contains general information on frequently encountered legal issues. The Trademark Company’ services also include reviewing your answers for completeness, spelling, and internal consistency of names, addresses, and similar details. Consistent with the scrivener rule, we never review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions, or recommendations about your legal rights, remedies, defenses, options, form selection, or strategies, or apply the law to the facts of your particular situation. The Trademark Company is not a law firm and may not perform services that an attorney performs. The Trademark Company, its services, and its forms or templates are not a substitute for the advice or services of an attorney.

Although The Trademark Company strives to keep its legal documents accurate, current, and up-to-date, the law changes rapidly, and The Trademark Company cannot guarantee that all information on the Site or Applications is fully current. Legal rules vary by jurisdiction and may be interpreted differently by different courts. Because legal matters are personal, no general information or legal tool of the kind The Trademark Company provides can address every circumstance. Moreover, the legal information on the Site and Applications is not legal advice and is not guaranteed to be correct, complete, or current. Accordingly, if you need legal advice for your specific problem, or if your matter is too complex for our tools, you should consult a licensed attorney in your area.

The Trademark Company may periodically offer attorney access services and introduce visitors to attorneys through various means, including without limitation our prepaid legal services plans. Performance of any such services does not create or foster an attorney-customer relationship with The Trademark Company.

Neither this Site nor the Applications are intended to create an attorney-customer relationship, and your use of The Trademark Company does not and will not establish an attorney-customer relationship between you and The Trademark Company. Rather, you are and will remain self-represented in any legal matter you pursue through The Trademark Company’ legal document service.

Intellectual Property

This web site includes proprietary material that is or may be protected under United States Copyright Law, Patent Law, Trademark Law, trade secret law, and international treaty provisions.

The Trademark Company expressly reserves all rights not granted to you in this Agreement. Materials obtained from or through this web site may not be reprinted, republished, redistributed, reproduced, retransmitted, or otherwise transferred in any form, except for your private or internal business use, without our prior express written permission.

The Trademark Company, The Trademark Company logo, and other product and service names are our service marks. You agree not to display or use them in any manner without our prior permission.

No Resale of Service

You agree that you will not reproduce, duplicate, copy, sell, resell, or otherwise commercially exploit any portion of our Service(s) except pursuant to a written agreement fully executed by The Trademark Company.

Modification and/or Termination of Service

We reserve the right, at any time and from time to time, to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice.

You agree that we will have no liability to you or any third party arising from any modification, suspension, or discontinuance of the Service.

Ownership

Content on this site is owned and maintained by The Trademark Company, which is a licensee of the domain TheTrademarkCompany.com and related intellectual property from an independent third-party entity. All goodwill associated with the name The Trademark Company remains the property of that third party. The Trademark Company is responsible for content posted to the site. Except as The Trademark Company expressly provides otherwise, 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 any applications shall be construed to confer any license under any of The Trademark Company’ intellectual property rights, whether by estoppel, implication, or otherwise. The Trademark Company does not sell, license, lease, or otherwise provide any materials other than those specifically identified as provided by The Trademark Company. Any rights not expressly granted herein are reserved by The Trademark Company.

Privacy Policy

The Trademark Company respects your privacy and allows you to control how your personal information is treated.

To open an account for use of or access to certain portions of the Site, Applications, or the Services, you must supply complete and accurate information as requested, both through our forms and through other communications with The Trademark Company. Use of the Site also requires a user name and password. You alone are responsible for keeping your password confidential. You may not use another party’s account, user name, or password at any time. You agree to notify The Trademark Company immediately of any unauthorized use of your account, user name, or password. The Trademark Company shall not be liable for losses you incur because someone else used your account or password, whether or not you knew of that use. You may be held liable for losses incurred by The Trademark Company, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

In connection with certain The Trademark Company products or services, you may be asked to submit personal information through a questionnaire, application, form, or similar document, service, or means. Such information will be protected under our Privacy Policy. You also grant The Trademark Company a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish, and translate this personal information solely to enable your use of the applicable service and to provide you with information about related corollary services. You may revoke this license and terminate The Trademark Company’ rights at any time by removing your personal information from the applicable service.

Email Opt In Notice

By submitting your email address through our web site or providing it by phone to an agent of The Trademark Company, you agree that The Trademark Company may use that email address to contact you about existing products and services ordered and/or discussed, and may also use it for direct marketing of similar products or services. To opt out of such communications, email The Trademark Company at info@TheTrademarkCompany.com stating your wish to be removed from our lists, or click the “unsubscribe” button, if any, in emails you receive.

SMS Communications Policy

If you provide your mobile phone number through our website forms and expressly consent to receive SMS communications, The Trademark Company may text you about your account, trademark filings, deadlines, customer support inquiries, service updates, and related notifications.

Message frequency may vary, and message and data rates may apply. To opt out of SMS communications at any time, reply STOP to any message. For assistance, reply HELP or contact us at info@TheTrademarkCompany.com.

Consent to SMS is not shared with third parties or affiliates for marketing purposes.

SMS Terms & Conditions

Opting into SMS communications through our website forms or other written consent methods means you agree to receive text messages from The Trademark Company concerning your account, customer care, service notifications, filing updates, and related communications.

Depending on your interaction with our services, message frequency may vary. Message and data rates may apply.

You may opt out at any time by replying STOP to any text message. For help, reply HELP or contact us at info@TheTrademarkCompany.com.

Receiving SMS messages is not a condition of making a purchase.

Disclaimer

Our web site, including any content or information contained in or provided through it, is provided “as is” without representations or warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

You assume full responsibility and risk for your use of this web site and any information obtained through it. We also make no representations whatsoever about other web sites you may access through our web site. Note that this disclaimer does not apply to North Carolina consumers.

Use of The Trademark Company’ Legal Forms

On our Site, through our Applications, and otherwise, we offer self-help “fill in the blank” forms and/or scrivener-type services. If you buy or download a form on our Site, these Terms of Service control. You understand that purchasing, downloading, and/or using 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 by The Trademark Company.

Review, Login Credentials, Execution (i.e., Signature), and Amendment of Legal Forms

We offer self-help “fill in the blank” forms. Once assembled, depending on the form or service purchased, your signature may be required to satisfy the legal requirements of the form. You acknowledge that it is your responsibility to sign and/or have an authorized person sign the assembled documents when requested and before any signature link expires, as applicable. We cannot and will not sign or execute any document on your behalf, as doing so is beyond the scope of services we provide.

You are responsible for reviewing your assembled documents before signing to confirm that our software or other systems have accurately inserted the information you provided. If you discover an error or need to amend any information in the assembled document(s), the following terms apply:

(1) Amendments Caused by the Company Prior to Filing: Where an amendment to a document is required prior to filing and is attributable to the Company, the Company will amend and/or re-assemble the document to the customer’s specification at no additional charge.

(2) Amendments or Expired Signature Link Caused by the Customer Prior to Filing: Where an amendment to a document is required prior to filing and is attributable to the customer, or where a document’s signature link expires without the customer having signed, the Company will amend and/or re-assemble the document subject to an additional Amendment / Re-Assembly Fee of $50 per requested amendment / re-assembly.

(3) Amendments After a Filing: Where an amendment to a document is required after it has been filed, the Company’s standard subsequent document package rates shall apply.

Additionally, for filings with the U.S. Patent and Trademark Office, you acknowledge that you may be required to create an account with the U.S. Patent and Trademark Office to file and/or sign documents. If so required, you acknowledge that you will not share your login credentials with any unauthorized user, and that doing so may adversely affect your filing account and/or any filings made using that account.

License to Use

The Trademark Company grants you a limited, personal, non-exclusive, non-transferable license to use our forms for your own personal or internal business use, or, if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the forms in any manner, except for modifications made in filling out the forms for your authorized use. You shall not remove any copyright notice from any form.

Your Warranty and Indemnification

You represent and warrant to us that your use of the materials on this web site will at all times comply with all applicable laws, rules, regulations, government ID verification requirements, government website terms of use, and this Agreement. You agree to indemnify, defend, and hold harmless our company and our 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. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our sole cost and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without our prior written consent.

Limitation Of Liability and Indemnification

EXCEPT AS PROHIBITED BY LAW, YOU SHALL HOLD The Trademark Company AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER ARISING (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF The Trademark Company HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF LIABILITY IS FOUND ON THE PART OF The Trademark Company, SUCH LIABILITY WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

Disclaimer of Warranties

THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS, OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, The Trademark Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

The Trademark Company MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

ANY MATERIALS OBTAINED THROUGH USE OF THE SITE OR APPLICATIONS ARE OBTAINED AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. The Trademark Company SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.

NOTWITHSTANDING THE FOREGOING, The Trademark Company OFFERS A SATISFACTION GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE HERE. THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS.

Right to Refuse

You acknowledge that The Trademark Company reserves the right to refuse service to any person and to cancel user access at any time.

Termination

We may terminate this Agreement and your license to use our web site and services at any time and for any reason.

Cancellation and Completion of Services

You acknowledge that payment for services is required at the same time the services are performed. The scope of services under our packages is more fully described in the respective packages as set forth online on The Trademark Company’ web site and as purchased and confirmed through the web site and other confirming correspondence.

The Trademark Company’ services are performed at or about the time they are ordered. You acknowledge that once the services are performed, regardless of the outcome of those services, the monies paid to The Trademark Company for the services have been earned. For our filing package services, you acknowledge that fees are earned as of the date work sufficient to complete a filing is performed, assistance is provided with creating any required account to access a filing portal, or an appointment is scheduled with our team to assist with creating said account or assembling documents, irrespective of whether a corresponding filing is ever completed. If The Trademark Company performs services sufficient to complete a filing or other services as set forth above but those services cannot be fully completed due to the action or inaction of the customer or another actor, Customer agrees that The Trademark Company has earned the fees for the package ordered and that the only refund, if any, the customer may be entitled to is for government filing fees that ultimately may not have been used. Additional fees may then apply should the customer wish to proceed with the filing.

You acknowledge and agree that once an order is placed with The Trademark Company, you may cancel it only for up to 12 hours after the order has been made, subject to the limitations above.

Additional services are offered complimentary to our filing packages so long as you remain a customer of The Trademark Company. With respect to other services, you acknowledge that the monies paid to The Trademark Company have been earned under these arrangements as of the date work sufficient to complete the purchased package is performed.

Scheduling and No-Show Policy

The Trademark Company offers trademark, LLC formation, and related business filing services encompassing assembly, review, scheduling availability, administrative processing, and access to professional support. By purchasing any service package and scheduling an appointment, you acknowledge and agree that The Trademark Company has commenced rendering the purchased services and allocating professional and administrative resources on your behalf.

For first-time customers, the initial appointment is complimentary and included as part of the purchased service package. Customers must give at least twenty-four (24) hours’ prior notice to cancel any scheduled appointment and at least six (6) hours’ prior notice to reschedule any scheduled appointment. Failure to attend a scheduled appointment without providing the required notice will constitute a no-show.

In the event of a no-show, The Trademark Company may require payment of a non-refundable $15 rescheduling fee before another appointment will be scheduled. You further acknowledge and agree that failure to comply with this scheduling policy or to pay any rescheduling fee shall not constitute grounds for disputing, reversing, or charging back the original purchase price or fees paid for any trademark, LLC, or related filing service package, as services and administrative work begin upon purchase and appointment scheduling.

The Trademark Company reserves the right to refuse additional complimentary appointments or to terminate scheduling privileges in cases of repeated missed appointments, abuse of the scheduling system, or suspected bad-faith conduct.

Governing Law

The laws of the State of Wyoming shall govern the construction, interpretation, and enforcement of this Agreement, without regard to Wyoming conflict-of-laws principles.

Except as set forth below, any dispute arising out of or relating to this Agreement shall be brought exclusively in the United States District Court for the District of Wyoming or, if that court lacks jurisdiction, in the appropriate state court sitting in Wyoming, U.S.A.

Notwithstanding the foregoing, where the customer is a consumer who resides in North Carolina at the time the dispute arises, any dispute arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in North Carolina, and nothing in this Agreement shall require such consumer to agree to jurisdiction or venue in any state other than North Carolina.

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to give effect, to the maximum extent permitted by law, to the intent of the parties.

Accuracy of Information

You acknowledge that information submitted through our web site will be used in the creation or protection of legal rights. Accordingly, it is imperative that information provided through our web site be truthful and accurate.

You acknowledge that once your submission has been submitted to any government agency, you have 30 days to notify The Trademark Company of any typographical or information errors that appear in the submission. The Trademark Company hereby disclaims responsibility for inaccuracies in submissions not brought to our attention within this period.

You acknowledge that willful false statements made to government agencies and similar authorities may jeopardize the validity of the documents filed and the rights created thereby.

Third-Party Acts and Omissions

You acknowledge that The Trademark Company is not responsible for any acts or omissions of third parties that may damage official documents from a government agency (e.g., U.S. Copyright Office, U.S. Patent and Trademark Office, U.S. Postal Service, and/or state agencies), investigations by third parties, or any ramifications of the results from said third parties.

Outsourcing

The Trademark Company reserves the right to outsource certain specific tasks to personnel outside of the company in order to provide more efficient, effective, and cost-effective services for our customers. You acknowledge and consent that by engaging The Trademark Company for the specific services provided under our packages available on our web site, some of these services may be provided by outsourced personnel as outlined herein.

Waiver

No waiver by either us or you of any breach or default under this Agreement shall be deemed a waiver of any preceding or subsequent breach or default hereunder.

Privacy Policy

Introduction & Scope

This policy applies solely to the online information collection and use practices of The Trademark Company, LLC (“The Trademark Company”) located at www.TheTrademarkCompany.com (“Web Site”). We understand that many visitors and users of this Web Site are concerned about the information they provide to us and how we handle that information. This Privacy Policy, which may be updated from time to time, has been prepared to address those concerns.

By using this Web Site, you indicate that you have read and accept our privacy practices as described in this Privacy Policy. If you have questions or concerns about this Privacy Statement, please Contact Us.

What Information About Your Do We Collect?

When you visit our Web Site, you may provide us with two types of information: (1) personally identifiable information that you knowingly choose to disclose, collected on an individual basis; and (2) general user information that does not contain personally identifiable information, collected on an aggregate basis as you browse the Web Site. In some cases, if you elect not to provide requested information, you may be unable to access all of our Web Site’s content or services.

Personally Identifiable Information

We may request certain personal information from you in order to provide content and/or services that you request. For example, if you express interest in receiving materials, or if you wish to use a specific service, you may be asked to submit your name, institution, city, country, and e-mail address. We also request your name, e-mail address, and other contact details each time you contact us by clicking the Contact Us link. We may retain a record of users who have contacted us so that we can respond properly to questions or concerns and for purposes of future communications.

Non-personally Identifiable Information We Collect

Like other commercial Web sites, our Web Site may use standard technology known as “cookies” and Web server logs to collect information about how our Web Site is used. Cookies are a feature of Web browser software that allows Web servers to recognize the computer used to access a Web site. Cookies are small pieces of data stored by a user’s Web browser on the user’s hard drive. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web Site, and the Web sites visited just before and just after our Web Site. This information is collected on an aggregate basis. None of this information is associated with you as an individual.

You may disable cookies on your computer through the preferences or options menus in your browser. However, some parts of our Web Site may not operate correctly if you disable cookies. You should consult your browser’s provider/manufacturer if you have questions about disabling cookies.

Privacy protections for children using the Internet are important to us. For that reason, we do not collect or maintain information on our Web Site from those we actually know are under the age of 13, and no part of our Web Site is targeted to attract anyone under 13. We ask that all visitors to our Web Site who are under 13 not disclose or provide any personally identifiable information. If we discover that a child under 13 has provided us with personally identifiable information, we will delete that child’s personally identifiable information from our records.

How Do We Use and Share the Information We Collect?

We maintain your contact details and email address in our customer database. We use those details to keep you informed about our company, our products, and our services, or to provide you with content or information you have requested. We share this information with our affiliated companies and partners. If any of your details are incorrect, if you no longer wish to receive emails or marketing materials from us, or if you do not want us to share your details with our affiliates and partners, please let us know by sending an email to info@TheTrademarkCompany.com or a letter to The Trademark Company, 2703 Jones Franklin Rd., Suite 205, Cary, North Carolina, 27518.

We use non-identifying information collected on our Web Site in the aggregate to better understand how you use the Web Site and to improve your enjoyment and experience. For example, we may use the information to improve the design and content of our Web Site or to analyze the programs and services we offer.

Additional Disclosure of Your Information

Access to your personally identifiable information may be provided when we are legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Web Site(s), to limit our legal liability and protect our rights, or to protect the rights and safety of visitors to our Web Site(s) or the public. In such instances, the information is furnished only for that limited purpose.

We may engage other companies and individuals to perform functions on our behalf. Our agents and contractors who have access to your personally identifiable information are required to protect that information in a manner consistent with this privacy statement.

We will not share your personally identifiable information in ways unrelated to those described above without giving you an opportunity to opt out of such use or otherwise prohibit such unrelated uses.

How Do You Access and/or Modify Your Information or Choices

If you visit our Web Site and volunteer personally identifiable information, you may modify, update, or delete such information at any time, or update your preferences regarding what information you want to receive from us, by clicking the Contact Us link. When supplying personal information through one of the online forms on the Web Site, you have the option to opt out of receiving marketing and promotional material relating to our products and services. However, please be aware that your ability to opt out of marketing and promotional materials does not affect our right to contact you regarding your use of our Web Site or subscriptions you may have ordered either for trial or purchase.

Consent to Transfer

This Web Site is operated in the United States. If you are located outside of United States, please be aware that any information you provide to us will be transferred to United States. By using our Web Site, participating in any of our services, and/or providing us with your information, you consent to this transfer. The information you provide may also be transferred to other parts of The Trademark Company, our affiliates, or partners outside of United States in order to provide the information or service you have requested. All reasonable care will be taken to ensure data security and adherence to these privacy practices.

Links

This Web Site may contain links to third-party sites as well as to other sites owned and/or operated by The Trademark Company. Please be aware that The Trademark Company is not responsible for the privacy practices of any third-party sites. Please also be aware that the privacy policies of other The Trademark Company sites may differ significantly from the privacy policy of this Web Site. Therefore, we encourage our users to read the privacy policy of each and every Web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by this Web Site.

How to Contact Us

Please Contact Us for further details on any items associated with this policy or this Web Site.

Changes to the Policy

From time to time, we may revise our privacy policies. If we make a change, it will not affect the choices you have made about any information you gave us before that change. Any changes will be reflected in our Privacy Policy.

Privacy Complaints

We are committed to working with you to resolve quickly and fairly any complaints you may have about privacy. If you have any questions or comments, please Contact Us using the online form.

Data Security

We take reasonable steps to maintain the security of the personally identifiable information we collect, including limiting the number of people who have physical access to our database servers and installing electronic security systems that guard against unauthorized access. However, no data transmission over the Internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Identification

Control and maintenance of this Web Site is by:

LA Venture Capital LLC, 1309 Coffeen Ave., Sheridan, WY 82801.

Satisfaction Guarantee

Our Satisfaction Guarantee, our consumer satisfaction process, is incorporated into this General Service Agreement by reference. For additional information on our Satisfaction Guarantee, click here.

Package-Specific Terms of Service

Business Formation Services

Scope of Services

We offer LLC formation services (“Formation Services”) that may include, without limitation, business name availability searches, assembly and filing of formation documents, registered agent services, EIN application assistance, and related business filings. Certain Formation Services are performed directly by our company (“In-House Services”), while others may be fulfilled by one or more third-party vendors (“Third-Party Services”).

The Trademark Company’ makes no warranties that your use of the business name provided is authorized by law or cannot be challenged by potential third parties known or unknown.

Third Party Vendors

You acknowledge and agree that independent third-party vendors may provide some portions of the Formation Services. When Third-Party Services are used:

We may share with those vendors the information you provide to us as needed to fulfill those services.

The third-party vendor may require you to accept their own terms, conditions, or policies.

We are not responsible for the acts, omissions, errors, or delays of third-party vendors, and we neither guarantee nor warrant their performance.

Unless otherwise expressly stated, your relationship with any third-party vendor is independent of our relationship with you.

No Legal or Tax Advice

Our LLC Formation Services—whether provided in-house or through a third-party vendor—are not legal, tax, or financial advice. We do not review the information you submit for legal accuracy, and we do not provide recommendations regarding the legal or tax consequences of forming or operating an LLC. You are encouraged to consult a licensed attorney or tax professional for advice specific to your situation.

Accuracy of Information

You alone are responsible for the accuracy, completeness, and timeliness of all information you provide to us. We and any third-party vendors rely on the information you submit when preparing and filing documents on your behalf. We are not responsible for errors, delays, rejections, or additional fees resulting from incomplete, inaccurate, or outdated information you provide.

Filing Times and Government Processing

Any estimated processing times for filings are offered for convenience only. Actual processing times may differ based on state requirements, government workloads, and other factors outside our control. We bear no responsibility for delays caused by state agencies, third-party vendors, or circumstances beyond our reasonable control.

Fees and Payments

By purchasing LLC Formation Services, you agree to pay all applicable service fees, state filing fees, shipping fees, and any additional costs associated with fulfillment of the service. Fees paid for In-House Services and Third-Party Services are non-refundable once processing has begun, except where prohibited by law or expressly stated otherwise in these Terms.

Cancellation and Refunds

Cancellation of your Formation Services may be requested before work has begun. If your order has already been processed—by us or a third-party vendor—fees may be partially or entirely non-refundable. Once submitted to a government agency, state filing fees are never refundable. Unless otherwise required by law, refund eligibility is determined at our sole discretion.

Limitation on Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to use of our Formation Services, whether such services are performed in-house or by a third-party vendor. Our total liability for any claim arising out of or relating to the Formation Services shall not exceed the amount you paid for the specific service giving rise to the claim.

Compliance and Further Obligations

Your LLC may have ongoing compliance obligations, including annual reports, franchise taxes, publication requirements, or other state-specific filings. Unless explicitly stated, our services do not include ongoing compliance management. You alone are responsible for monitoring and fulfilling your entity’s ongoing legal requirements.

Copyright Services

Our Registration Packages do not include a search for copyrights similar to the work you seek to register. Moreover, purchase of our Registration Packages does not guarantee that your copyright will be registered with the U.S. Copyright Office.

Our Registration Packages also do not include responding to substantive refusals, such as lack of sufficient artistry or otherwise, that may block registration of your copyright. Further, the Company makes no warranties that your use of any copyright is authorized by law or cannot be challenged by potential third parties known or unknown.

The Trademark Company’ self-help and prepaid legal service plan enforcement services are designed to provide solutions that allow customers to enforce their intellectual property. The Company cannot guarantee the results of any enforcement efforts, nor does it warrant that enforcement efforts, whether self-directed or otherwise, will not lead to third-party counter-enforcement, claims, or defenses, or as to the manner of such enforcement or defense efforts.

Our enforcement services are available to all of our customers. However, they are not part of our other services unless expressly provided and must be arranged separately from any business, copyright, or trademark services purchased.

Services

The Trademark Company’ self-help Provisional Patent Application Package is designed to give customers a cost-effective way to protect their patentable intellectual property. Note that for full protection a standard patent application must be filed within statutory frameworks. The Trademark Company cannot assist you with that at this time but can provide the name(s) of registered patent agents and/or attorneys who may do so. Any agreement for representation with such agents or attorneys is outside any agreement with the Company. The Trademark Company shall receive no compensation for providing any such names.

Trademark Search Services

Direct Hit Search

Our Direct Hit Search performs an identical-match search of the Federal Trademark Database operated by the U.S. Patent and Trademark Office for word or standard character marks alone. The service is limited to identifying potential blocking trademarks that exactly match the searched trademark.

The Direct Hit Search is delivered while the customer waits if ordered through an Account Manager, or typically within 1 business hour of an order being received through the web site.

Your

Direct Hit Search

may include up to five (5) classes of goods and services. If the search involves more than five (5) classes of goods and services, additional reports may need to be purchased.

Federal Search

Our Federal Search searches the Federal Trademark Database operated by the U.S. Patent and Trademark Office. The service uses a trade-secret algorithm of a third-party vendor to deliver your automated results. The service is limited to identifying potential blocking trademarks in the database that would create an impediment to registration of the searched trademark by searching for and examining:

Your Federal Search report is then delivered to you within three (3) business days of completion of your order, including payment therefor. The Company reserves the right to alter the delivery date of your report provided advanced notice is given to you. Our research as to whether your trademark is available to be registered before the U.S. Patent & Trademark Office for this report is expressly limited to potential blocking trademarks existing on the database as of the date of the search.

Your Federal Search may include up to five (5) classes of goods and services. If the search involves more than five (5) classes of goods and services, additional reports may need to be purchased.

The Company guarantees that the algorithm and system used to deliver your report are accurate and will let you know if your trademark is available. However, due to the subjective nature of trademark law, it is possible, albeit extremely rare, that a Federal Search may not identify a prior pending trademark application that is later cited as an impediment to registration of your trademark.

After the Federal Search is performed, if the report identifies a trademark that you believe may impede your registration within the scope of this service prior to filing, you have two options:

First, if you wish to research an alternative trademark, you will receive a 10% discount off the regular price for another Federal Search. There is no limit to the number of alternative trademarks to which this discount will apply.

Second, and in the alternative, our customers may proceed with the filing and, if the trademark is refused registration on the grounds identified, receive a 10% discount off any of our Substantive Office Action Response Packages (Substantive).

In the unlikely event your report omits a potential blocking trademark that, upon examination of the search strategy and results you received, should have been identified in your report prior to filing your trademark and, moreover, registration is refused on that basis, we will provide a complimentary self-directed Office Action response using our proprietary software to respond to the refusal at no additional cost to you. The customer agrees that this is the best and sole remedy should this unlikely event occur.

The Federal Search makes no warranties that your use of any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Comprehensive Search

Our Comprehensive Search searches the Federal Trademark Database operated by the U.S. Patent and Trademark Office and also provides information regarding the most common refusals issued against trademark registrations. The service is designed to research all potential blocking trademarks on the U.S. Patent and Trademark Office’s federal register and to generally identify other potential refusals that could be encountered when seeking to register the trademark with the U.S. Patent and Trademark Office.

Your Comprehensive Search report is delivered to you within three (3) business days of completion of your order, including payment therefor. The Company reserves the right to alter the delivery date of your report provided advanced notice is given to you.

Your Comprehensive Search may include up to five (5) classes of goods and services. If the search involves more than five (5) classes of goods and services, additional reports may need to be purchased.

The Company guarantees it will use its best efforts in researching, completing, and delivering the report. However, due to the subjective nature of trademark law, it is possible, albeit extremely rare, that a Comprehensive Search may not generally identify a potential basis for refusal of your trademark.

Please note, the Comprehensive Search DOES NOT include any advice, opinions, or directions as to the results in your report vis-a-vis your legal rights in your proposed trademark.

After the Comprehensive Search is performed, if the report identifies a trademark that you believe may impede your registration, or if you believe there is any other reason not to proceed with the filing prior to filing, you have two options:

First, if you wish to research an alternative trademark, you will receive a 10% discount off the regular price for another Comprehensive Search. There is no limit to the number of alternative trademarks to which this discount will apply.

Second, and in the alternative, our customers may proceed with the filing and, if the trademark is refused registration on the grounds identified, receive a 10% discount off any of our Substantive Office Action Response Packages (Substantive).

In the unlikely event your report omits a potential blocking trademark or other grounds of refusal that, upon examination of the search strategy and results you received, should have been identified in your report prior to filing your trademark and, moreover, registration is refused on that basis, we will provide a complimentary self-directed Office Action response using our proprietary software to respond to the refusal at no additional cost to you. The customer agrees that this is the best and sole remedy should this unlikely event occur.

The Comprehensive Search makes no warranties that your use of any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

International Trademark Search

A third-party service is used to complete our International Trademark Search of your requested trademark and the requested country.

The Company guarantees it will use its best efforts in researching, completing, and delivering the report and/or having its third-party sources perform the same. However, due to the subjective nature of trademark law, it is possible, albeit extremely rare, that an International Trademark Search may not generally identify a potential basis for refusal of your trademark for the registers searched.

As a result, you acknowledge that The Trademark Company cannot be held responsible for errors or omissions in your report resulting from a third-party vendor.

Trademark Registration Services

A Provisional Trademark constitutes a private trademark priority record intended to create independently verifiable evidence of a business’s first use of a trademark, brand name, slogan, logo, design, or other source identifier before seeking federal trademark registration. Under the Provisional Trademark service, the Company creates a digital record of the submitted trademark claim and related information and records that information via a non-fungible token (“NFT”) or similar digital asset on a publicly accessible, searchable, and independently verifiable blockchain. The blockchain record is meant to establish a time-stamped evidentiary record of the information the user submitted as of a particular date and time and to preserve evidence of claimed first use, priority, authorship, ownership, or other trademark-related facts. A Provisional Trademark is not a federal, state, or foreign trademark registration, confers no government-issued trademark rights, and is not affiliated with, endorsed by, or a substitute for registration with the United States Patent and Trademark Office (“USPTO”) or any other governmental authority. Instead, a Provisional Trademark is intended as an evidentiary and recordkeeping mechanism that may help trademark owners document and preserve evidence while their business develops and before they choose to pursue formal trademark registration. The Company describes the Provisional Trademark as the “missing first step before federal trademark registration” because it is intended to complement—not replace—the traditional trademark registration process. The Company makes no representation or warranty that a Provisional Trademark alone creates enforceable trademark rights, guarantees priority, establishes ownership, prevents third-party use, or will be accepted as conclusive evidence by any court, governmental agency, or tribunal.

User Acknowledgement and Consent. By purchasing, ordering, creating, or maintaining a Provisional Trademark, the user expressly acknowledges and agrees that: (a) the Company will create, store, publish, transmit, and maintain a record of the user’s submitted information through one or more blockchain-based technologies, including minting and issuing an NFT or similar digital record; (b) information recorded to a blockchain may become permanent, publicly accessible, searchable, independently verifiable, and incapable of modification or deletion once recorded; (c) the user has reviewed all information submitted for recording and authorizes the Company to record such information or representations derived from it on the applicable blockchain; (d) the user understands that a Provisional Trademark is a private evidentiary record and not a government-issued trademark registration or legal determination of trademark rights; (e) the user remains solely responsible for deciding whether and when to seek federal, state, or international trademark registration or other legal protection; and (f) the user consents to the Company’s use of blockchain technology, NFT technology, and related third-party service providers to create, maintain, verify, and display the Provisional Trademark record. The user further represents and warrants that all information submitted in connection with a Provisional Trademark is accurate to the best of the user’s knowledge and that the user has the legal right to submit such information for recording.

Standard Filing Package

Upon submission of a Standard Filing Package request, a Direct Hit Search will be performed of the U.S. Patent and Trademark Office’s records. Our Direct Hit Search includes a search of your exact trademark against the U.S. Patent and Trademark Office records. I

t does not include searching for trademarks that are phonetically similar, similar in translation, or similar in appearance by way of design.

You agree that once you have scheduled a filing appointment and/or an application has been assembled for your signature, the Company has earned the entire $199 for the cost of the package.

You hereby consent to The Trademark Company using your provided email address to receive electronic correspondence from the U.S. Patent and Trademark Office concerning the status of your application. For any registration resulting from submission of the application, you acknowledge that the U.S. Patent and Trademark Office will mail the same directly to you or to the official correspondence record for the application you provide to The Trademark Company.

Up to three (3) goods or services from the Acceptable Goods and Services Manual of the U.S. Patent and Trademark Office may be included with the

Standard Filing Package

. If you wish to include more goods and services, additional fees may apply.

Purchase of our

Standard Filing Package

will not guarantee that your trademark will be registered with the U.S. Patent and Trademark Office. Our

Standard Filing Package

does not include responding to Procedural or Substantive Refusals. Further, it makes no warranties that your use of any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Additionally, you agree that additional charges may apply to any changes you request to forms prepared by The Trademark Company based on information you supplied to the Company where you unilaterally decide to change or amend that information prior to the form(s) being transmitted to the U.S. Patent and Trademark Office.

Platinum Filing Package

After performing the included Comprehensive Search and providing general information concerning other potential refusals that may be encountered when filing for a trademark, if our customer believes there is a potential basis for refusal prior to filing, they have two options:

First, they may choose not to proceed with the filing and receive a refund of all monies paid less the $299 Comprehensive Search fee.

Second, if they wish to try another trademark, they will receive a $50 discount off another InstaFile Platinum – from $399 to $349. There is no limit to the number of trademarks to which this discount will apply.

Third, and in the alternative, our customers may proceed with the filing and, if the trademark is refused registration on the grounds identified, receive a 10% discount off a Substantive Office Action Response Package.

You further agree that if you cancel your order for any reason following submission of the Comprehensive Search but prior to scheduling an appointment to assemble the application, we will refund you all but $299 of the monies paid in consideration of services already performed. Further,

you agree that once you have scheduled an appointment to assemble the application or it has been assembled, the Company has earned the entire $399 for the cost of the package.

In the unlikely event your Comprehensive Search omits a potential blocking trademark or information on other grounds of refusal that, upon examination of the search strategy and results you received, should have been identified in your report or in other information you receive prior to filing your trademark and, moreover, registration is refused on that basis, we will provide a complimentary Office Action response at no additional cost to you. The customer agrees that this is the best and sole remedy should this unlikely event occur.

You hereby consent to The Trademark Company using your provided email address to receive electronic correspondence from the U.S. Patent and Trademark Office concerning the status of your application. For any registration resulting from submission of the application, you acknowledge that the U.S. Patent and Trademark Office will mail the same directly to you or to the official correspondence record for the application you provide to The Trademark Company.

You may include up to three (3) goods or services from the Acceptable Goods and Services Manual of the U.S. Patent and Trademark Office within this package. If you wish to include more goods and services, additional fees may apply.

Purchase of our Platinum Filing Package does not guarantee that your trademark will be registered with the U.S. Patent and Trademark Office. Our Platinum Filing Package does not include responding to Substantive Refusals except as provided above. Further, it makes no warranties that your use of any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Additionally, you agree that additional charges may apply to any changes you request to forms prepared by The Trademark Company based on information you supplied to the Company where you unilaterally decide to change or amend that information prior to the form(s) being transmitted to the U.S. Patent and Trademark Office.

International Registration Package

Our International Registration Package does not include a search of the foreign trademark offices before which the trademark will be submitted. As such, purchase of the International Registration Package does not guarantee that your trademark will be registered in the applied-for territory. Moreover, it does not include responding to refusals to register the trademark. Further, it makes no warranties that your use of any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Office Action & Appeals

The Trademark Company provides Office Action and Appellate responses for our customers through software licensed from a third party.

Through our Procedural Office Action Package, Substantive Office Action Package, and Office Action Appellate Package, our customers receive access to proprietary software to create self-directed responses to refusals and appeals of refusals before the U.S. Patent and Trademark Office. You agree and understand that once you have been given access to the proprietary software for the purpose of responding to your office action, we have provided you with the means through which to respond to the same.

Procedural Response

Upon submission of a Procedural Response package, your response will be assembled based on the information you provide. You acknowledge that we cannot provide any advice, consultation, or other guidance as to what should be included in the response. Moreover, we cannot assemble a response without your input to the required items in the

U.S. Patent and Trademark Office

’s office action.

You agree that once the response has been assembled and forwarded to you for signature, we have earned the $199 package fee. You acknowledge that you must sign the response for the filing to be complete and that we cannot sign the filing on your behalf.

Purchase of our Procedural Response does not guarantee that your trademark will be registered with the U.S. Patent and Trademark Office. Further, it makes no warranties that your use of any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Additionally, you agree that additional charges may apply to any changes you request to forms prepared by The Trademark Company based on information you supplied to the Company where you unilaterally decide to change or amend that information prior to the form(s) being transmitted to the U.S. Patent and Trademark Office.

Refusal Response

Upon submission of a Refusal Response package, you will be forwarded a questionnaire to which you must provide answers regarding your specific refusal. Once returned, the answers you provide are used by our software to assemble your custom response to your refusal, and the response will be assembled and either forwarded to you for review or uploaded for your signature based on the information you provide. You acknowledge that we cannot provide any advice, consultation, or other guidance as to what should be included in the response. Moreover, we cannot assemble a response without your input and response to the questionnaire forwarded to you

You agree that once the response has been assembled and forwarded to you for review and/or signature, we have earned the $399 package fee. You acknowledge that you must sign the response for the filing to be complete and that we cannot sign the filing on your behalf.

Purchase of our Refusal Response does not guarantee that your trademark will be registered with the U.S. Patent and Trademark Office. Further, it makes no warranties that your use of any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Additionally, you agree that additional charges may apply to any changes you request to forms prepared by The Trademark Company based on information you supplied to the Company where you unilaterally decide to change or amend that information prior to the form(s) being transmitted to the U.S. Patent and Trademark Office.

Appeal of Refusal

Upon submission of an Appeal of Refusal package, you will be forwarded a questionnaire to which you must provide answers regarding your specific refusal. Once returned, the answers you provide are used by our software to assemble your custom response to your refusal, and the response will be assembled and either forwarded to you for review or uploaded for your signature based on the information you provide. You acknowledge that we cannot provide any advice, consultation, or other guidance as to what should be included in the response. Moreover, we cannot assemble a response without your input and response to the questionnaire forwarded to you

You agree that once the response has been assembled and forwarded to you for review and/or signature, we have earned the $799 package fee. You acknowledge that you must sign the response for the filing to be complete and that we cannot sign the filing on your behalf. You acknowledge that additional government fees may apply to file the appeal, for which you are responsible.

Purchase of our Appeal of Refusal does not guarantee that your trademark will be registered with the U.S. Patent and Trademark Office. Further, it makes no warranties that your use of any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Additionally, you agree that additional charges may apply to any changes you request to forms prepared by The Trademark Company based on information you supplied to the Company where you unilaterally decide to change or amend that information prior to the form(s) being transmitted to the U.S. Patent and Trademark Office.

Trademark Renewal Packages

Acceptance of these Terms of Service, or other use of our trademark renewal services to renew your federally registered trademark(s), constitutes your certification of the following renewal certifications:

Public Digital Registry (PDR) Trademark Services

Please see our Supplemental Terms of Service for NFT Trademarks to view the terms applicable to our Public Digital Registry (PDR) Trademark Services.

Trademark Assurance Services

All new customers who purchase services for trademarks on file with the U.S. Patent and Trademark Office receive a free 3-month trial to our Trademark Assurance service. Thereafter, our Trademark Assurance services continue at a monthly rate of $9.95 per month for those who elect to continue with the service, either via opt-in through accepting these terms of services or otherwise. You may cancel your subscription to this service at any time through our Contact Us form or by calling us at (877)450-2466.

Web Site & Social Marketing Services

Website design, development, social media marketing, search engine optimization (SEO), paid advertising management, content creation, and related digital marketing services (“Website & Social Marketing Services”) offered for sale on this website are, in certain cases, resold by The Trademark Company but performed and fulfilled by an independent third-party vendor (“Service Provider”). Purchasing or using any Website & Social Marketing Services constitutes your acknowledgement and agreement to the following additional terms:

In connection with Website & Social Marketing Services, The Trademark Company acts solely as a reseller, facilitator, and point of contact for billing and general communication. The Trademark Company is not the actual provider of those services and does not directly perform, control, or supervise the underlying work completed by the Service Provider.

(a) Role of The Trademark Company:

The Service Provider alone performs all Website & Social Marketing Services according to their internal processes, timelines, methods, tools, and professional discretion. The Trademark Company offers no independent guarantee as to specific results, technical outcomes, performance metrics, rankings, reach, engagement, revenue impact, or conversion rates.

(b) Third-Party Performance:

(c) No Warranty of Results: Website & Social Marketing Services involve variables beyond any party’s control, including platform algorithms, competition, audience behavior, market conditions, and account history. You understand and agree that The Trademark Company therefore expressly disclaims any guarantee or promise of specific results, including, but not limited to:

Services are furnished solely on a best-efforts basis.

You agree to cooperate promptly by providing any required content, branding materials, account access, approvals, feedback, and other necessary information requested by either The Trademark Company or the Service Provider. Delays or failures in providing requested materials may affect service timelines and results and are solely the client’s responsibility.

(d) Client Responsibilities:

Absent a written disclosure to the contrary, you will not have a direct contractual relationship with the Service Provider. Unless explicitly instructed otherwise, all communications, change requests, and support inquiries must be made through The Trademark Company.

(e) No Direct Relationship with Vendor:

Unless otherwise stated in a separate agreement:

(f) Intellectual Property:

The Trademark Company asserts no ownership claim over client-provided content.

The Trademark Company shall not be liable, to the maximum extent permitted by law, for any direct, indirect, incidental, consequential, or special damages arising out of or related to:

(g) Limitation of Liability:

The sole remedy available to you for any dissatisfaction with the Marketing Services shall be limited to the amount paid to The Trademark Company for the specific services giving rise to the claim.

Website & Social Marketing Services may involve use of third-party platforms including, but not limited to, Meta (Facebook/Instagram), Google, X (Twitter), TikTok, LinkedIn, YouTube, and web hosting services. You agree to be bound by each platform’s terms and policies in addition to these Terms. The Trademark Company is not responsible for any platform enforcement actions, suspensions, or restrictions.

(h) Third-Party Platforms:

Unless explicitly stated otherwise in writing, all sales are final. Fees paid cover planning, setup, labor, third-party costs, and reserved resources. No refunds will be issued for services that have been started, performed, or delivered, whether in whole or in part.

(i) Payments & Refunds:

The Trademark Company reserves the right to modify, replace, or discontinue any Website & Social Marketing Service or to change vendors at its discretion without prior notice, provided that such changes do not materially reduce services already purchased.

(j) Modification of Services:

Purchasing any Website or Social Marketing Service through this website confirms that you have read, understood, and agree to be bound by these terms in addition to the general Terms and Conditions posted on this site.

(k) Acceptance of Terms:

If you do not agree with these terms, do not proceed with purchasing or using these services.

Legal Service Plans

To view the terms applicable to our Legal Plan Services, please see our Supplemental Terms of Service for Subscriptions and Third-Party Services as well as our Legal Plan Contract.

Small Business Incentive Program (SBIP)

The Small Business Incentive Program (SBIP) is the Company’s fund to encourage and assist startups in launching their own businesses. There are two SBIP levels, SBIP I and SBIP II. The following terms apply.

SBIP I

If accepted into the SBIP I, the Company will provide to the customer and/or otherwise pay up to $250 U.S., to be used solely for state filing fees for filing and/or otherwise establishing a Limited Liability Company (LLC) for the customer. In consideration of those filing fees, the customer—and by extension the newly created entity (LLC)—agree to utilize the Company’s affiliates for business services for the newly created LLC for a period of one year (1). Customer further agrees to permit the Company to provide its affiliates with the customer’s contact information (e.g., email address(es), phone number(s), etc.).

The Company has carefully selected affiliates to assist in its customers’ businesses. Upon receiving a request for state filing fees under the SBIP I, the customer shall receive a list of the Company’s then-current affiliates. To accept the terms of the SBIP I, the customer may indicate consent to the agreement either (1) by responding to the email with an affirmative response or (2) by simply proceeding forward with the Company paying for the fees as set forth above.

In consideration of the above, the Company shall have the right to reasonably audit the customer and/or newly formed LLC to ensure compliance with the stated terms. The customer, and by extension the newly formed LLC, agree to comply with said audit.

Customer hereby expressly acknowledges and agrees that acceptance into the SBIP I is at the sole discretion of the Company. Should the customer breach the terms of this SBIP I, the Company maintains the sole and absolute right—and customer agrees thereto—to convert the customer’s SBIP I to an SBIP II. Customer further agrees to settle any dispute regarding these terms via binding, private arbitration in Wake County, North Carolina, USA. Customer agrees that the Company shall have the sole and exclusive right to select the arbiter.

SBIP II

If accepted into the SBIP II, the Company will provide to the customer and/or otherwise pay up to $600 U.S., to be used solely for federal and state filing fees for filing and/or otherwise establishing a Limited Liability Company (LLC) for the customer and/or applying for or otherwise securing a U.S. federal trademark registration. In consideration of those filing fees, the customer—and by extension the newly created entity (LLC)—agree to:

Use the Company’s affiliates for business services for the newly created LLC for a period of one year (1) from the date the Company pays any said filing fees. Customer further agrees to permit the Company to provide its affiliates with the customer’s contact information (e.g., email address(es), phone number(s), etc.) and/or otherwise take such actions as to initiate the Affiliate’s services for the Customer and/or their newly formed LLC, as appropriate;

Customer agrees to provide a 5% beneficial ownership share of the newly formed company to the Company to be held by LA Venture Capital, LLC, a Wyoming Limited Liability Company, and/or another LLC as designated by the Company; and

Customer agrees to provide a 1% royalty on all gross receipts from sales of the company’s goods or services, payable on or about the first day of the following month.

Except as limited by applicable law, the Beneficial Owner shall not be liable to any party for any indirect, special, incidental, punitive, or consequential damages, including, but not limited to, loss of profits, loss of business, or loss of use, arising out of or related to this Agreement or the transactions contemplated herein, whether such liability is based on breach of contract, tort (including negligence), or any other legal theory. In no event shall the Beneficial Owner’s total liability under this Agreement exceed the total amount of fees received by the Beneficial Owner under this Agreement during the twelve (12) months preceding the event giving rise to the liability.

Customer further agrees to provide to the Company financial documents (e.g., balance sheet, summary of gross receipts, etc.) on or about the first of each month for the preceding month for financial verification purposes. The Company reserves the right to request copies of end-of-year tax returns or other supporting documents. The Company further reserves the right to audit the customer’s or newly formed LLC’s financials upon reasonable notice.

Sample Documents / Templates

To view representative samples or templates of the legal documents available through The Trademark Company, Click Here. If you do not see a copy of the document you are looking for, or if you have trouble viewing an uploaded document, please send an email to info@TheTrademarkCompany.com referencing the sample document or template you would like to see, and a copy of the same will be forwarded to you.

Acknowledgement

BY USING The Trademark Company’ SERVICES OR ACCESSING THE The Trademark Company SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Last Updated May 27, 2026