Terms of Use

Terms of Use

Trademarkisland.com, Trademark Island, LLC. Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

YOU (“USER” OR “YOU”) AGREE THAT BY USING THIS WEBSITE SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACT.

IF YOU CONSIDER YOUR LEGAL FILING TO BE AN URGENT MATTER OR ONE THAT REQUIRES IMMEDIATE ACTION, DO NOT TO USE THE SERVICES OF AN ATTORNEY ADVERTISING ACCESSED THROUGH www.trademarkisland.com.

Trademarkisland.com (the “Website”) is owned and operated by Trademark Island, LLC, a Nevada limited liability company (“Trademark Island” or the “Company”). The Company develops internet and software technology to provide visitors general automation search tools to access and receive certain information from government trademark databases and to provide certain processing services linking to Advertising Attorneys. While Trademark Island invites qualified attorneys to advertise on this Trademark Island Website, Trademark Island does not provide legal services. Trademark Island itself IS NOT A LAW FIRM, DOES NOT PROVIDE LEGAL SERVICES, DOES NOT PROVIDE LEGAL ADVICE and is NOT A LAWYER REFERRAL service. All requests for trademark legal services initiated through our website interface are directed to qualified attorneys advertisers (“Advertising Attorneys”) and are handled by such Advertising Attorneys directly.

1. Terms of Use: Binding Legal Agreement

By using the Trademark Island Website, you agree to follow and be bound by these terms of use (this “Agreement” or “terms of use”). You further agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. It is your responsibility to review these terms of useperiodically.  We may revise these terms of use at any time without notice to you. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Website. If you have any questions about these terms of use, please contact us.

Please also refer to Trademark Island’s Privacy Policy which is incorporated by reference herein.

BY USING ANY TRADEMARK ISLAND SERVICES OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

2. Trademark Island Customer Service Representatives

The Company is not an attorney, law firm, legal services provider or a legal referral service. Trademark Island customer service representatives may only answer basic questions about our Website and search engine and cannot answer legal questions, cannot file trademark applications, and cannot provide any legal consultation or advice relating to a particular user’s trademark(s). Attorneys that advertise on Trademark Island can represent you in connection with such legal questions and services.

3. Nature of Legal Services Advertised on Trademark Island’s Website

The Company is not a law firm, nor does it provide legal services. Any legal services (including, but limited not to, pricing and service descriptions) displayed on Company websites are provided by Attorney Advertisers who hire the Company for paid search and pay per click advertising and consulting on the Trademark Island, LLC Website presently located at www.trademarkisland.com. Therefore, any legal services offered through or advertised on the Company Website are solely controlled and operated by the offering Advertising Attorney. The Company is not privy to legal services performed by Attorney Advertisers, and users are asked to directly contact and communicate with Attorney Advertisers directly with regard to all legal services, confidential communications, or to receive confidential trademark docket information.

The Company makes a good faith effort to satisfy itself of the good reputation and qualifications of each Attorney Advertiser that directly advertises on www.trademarkisland.com. However, by soliciting and/or otherwise utilizing the legal services offered by Attorney Advertisers, you expressly agree that Trademark Island is not responsible for their services and shall not be liable to you for the use of such legal services. Furthermore, Trademark Island, LLC does not control paid search Google ads or others that might be displayed next to content on pages of its website, as these advertisements are displayed on Trademark Island’s Website through a content network.

4. Representations by Users who Contact or Retain Advertising Attorneys

Each user who contacts or retains the services of an Advertising Attorney by contacting the same through our Website interface represents, acknowledges and affirms to the Company that:

  • You are advised and understand that Trademark Island’s Website and search engine were created in part by the Law Office of Herbert T. Patty, acting as an agent of Trademark Island, LLC. You further understand that Trademark Island is a business entity separate from the Law Office of Herbert T. Patty which does business in San Jose, California. You have been advised and acknowledge that Trademark Island, LLC is an internet and software company which creates software and processes to deliver automated search functionality using free government and public data and certain automated processing links to Advertising Attorneys.
  • You are advised and understand that Trademark Island is not a law firm, and that Trademark Island cannot and does not provide any legal services or legal advice. Trademark Island does not, and is not permitted to engage in the practice of law including providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies. You are encouraged to consult with an attorney in your local geography for legal advice. No attorney-client privilege exists or will be created between you, the User, and Trademark Island.
  • You understand that customer service representatives at Trademark Island cannot answer any questions constituting legal advice and can only answer Website usability questions related to general free search and other non-legal questions concerning this Trademark Island Website. As such, you will not disclose or communicate any confidential information to Trademark Island customer service representatives.
  • You are advised and understand that you are free to choose any licensed U.S. trademark attorney to represent you by not using the Trademark Island Website interface links, including those at www.trademarkisland.com, to Advertising Attorneys. A complete list of registered attorneys licensed to practice U.S. federal trademark law may be obtained by contacting the State Bar in your state or the United States Trademark Office. You are advised and understand that only one law firm is invited to advertise on www.trademarkisland.com for each country, and that the Law Office of Herbert T. Patty in San Jose, California is the exclusive Advertising Attorney advertising on the Trademark Island Website properties, including www.trademarkisland.com, in the United States. Advertising Attorneys practicing in countries other than United States will be invited to advertise on Trademark Island Website properties. Information for such non-U.S. Advertising Attorneys and the countries in which they practice can be accessed found at this link: http://www.trademarkisland.com/AdvertisingAttorneys.
  • Advertising Attorneys made available through Trademark Island are third-party independent contractors who agree to provide legal services directly to you, not through Trademark Island, via a separate Terms of Service or Retainer Agreement between you and the the Law Office of Herbert T. Patty. Advertising Attorneys have agreed to provide complimentary, thirty-minute consultations related to subject matters about which they represent that they are qualified in jurisdictions where they are admitted to practice. A conflict check will apply. They may require you to meet at their office or another location convenient to them or may require a telephonic consultation.
  • You are advised and understand that if you decide to file a trademark application in the United States by using Trademark Island’s online processing service links, you will be represented solely by U.S. licensed attorneys, assisted by paralegals, at the Law Office of Herbert T. Patty in San Jose, California. The representation will commence only after a successful conflict of interest check performed by the Law Office of Herbert T. Patty as an Advertising Attorney. You understand that you must communicate confidential information only through the licensed attorney to whom you have an attorney-client relationship at the Law Office of Herbert T. Patty. You have been advised that the Law Office of Herbert T. Patty has taken commercially reasonable efforts to establish a physical and electronic confidentiality wall between Trademark Island, LLC and the Law Office of Herbert T. Patty. You are advised and understand that attorneys,paralegals, and other agents at the Law Office of Herbert T. Patty will not share confidential information with Trademark Island customer service representatives. Additionally, you are advised and understand that attorneys at the Law Office of Herbert T. Patty are able to provide legal advice only as to federal U.S. legal issues and/or state law questions in states in which attorneys at the firm are licensed.I understand that Trademark Island and its web properties including Trademarkisland.com have no control or involvement in the legal services provided by attorney and law firm advertisers, including but not limited to, legal rights, remedies, defenses, options, and selection of forms or strategies.
  • You are further advised and understand that legal filing services provided by Advertising Attorneys advertising on the Trademark Island Website are subject to review at the sole discretion of the respective attorney. Such review may delay the filing of your application or other legal documents. Accordingly, if you consider your legal filing to be an urgent matter and/or requires immediate action, you are advised to not use the services of Advertising Attorneys on www.trademarkisland.com.
  • You will not use the legal products and/or services of advertising attorneys and law firm advertisers on Trademark Island for any trademark filings, where ownership of the trademark at-issue is currently in dispute or in question with a third-party.
  • You acknowledge that any information provided by Trademark Island to you in the course of performing search functions is derived from government trademark databases with respect to which Trademark Island has no control, and that Trademark Island shall have no liability whatsoever with respect to such information, including, without limitation, in the event any such information is inaccurate, out of date, contains errors or omissions, or is otherwise incorrect in any way.

5. Conflict of Interest Check by Advertising Attorneys

Before an Advertising Attorney practicing within the United States can perform legal services for a User, the Advertising Attorney contacted through our Website interface is required first to conduct a conflict of interest check in conformance with the ethical rules of the state bar association of the state in which he or she is licensed. Such conflict of interest check is conducted entirely by the solicited Advertising Attorney, not by Trademark Island. In the event that a conflict of interest exists, the Advertising Attorney will directly contact the inquiring User. Where a conflict of interest cannot be resolved in conformance with applicable bar rules and/or regulations, the Advertising Attorney will refund to the User any fees paid in anticipation of legal services less the Advertising Attorney’s fee of $100.00 U.S dollars for performing the conflict of interest check.

6. Fees and Payment of Fees

You are advised and acknowledge that applicable Advertising Attorney contacted through our Website interface, not Trademark Island, provides the prices, trademark service fees, service package offerings and work flow procedures for the trademark filings and attendant legal services advertised and displayed for the Advertising Attorney at the Trademark Island Website properties including, without limitation, at www.trademarkisland.com.

When you use Trademark Island’s Website interface and online processing service link to initiate the retention of an Advertising Attorney to file a trademark application and to pay service fees in anticipation of services to be provided by the applicable Advertising Attorney, such service fees are paid directly to Attorney Advertisers for the purpose of conducting legal services, including, but not limited to, preparing trademark applications and office actions and providing legal advice and/or consultation regarding trademark services. Service fee payments processed through Trademark Island and its Website properties are directed and deposited to an escrow trust account maintained by the Law Office of Herbert T. Patty until (1) such Advertising Attorney conducts and clears a client conflict check; and (2) if the trademark application is a United States filing, the Advertising Attorney earns the fee for services as set forth in such attorney’s separate terms of service with the engaging User; or, if a foreign application, (3) foreign filings are authorized. Trademark Island does not earn any portion of Service Fees you the User pay for legal services, in whole or in part. Advertising Attorneys are not employees or agents of the Company, and have no financial obligation to Trademark Island. Legal fees are solely set and earned by the Advertising Attorney. The Company earns money from attorney advertising and non-legal services such as logo and graphic design, customer business cards and user name search reservation services only.

Generally, the Advertising Attorneys that advertise through Trademark Island earn fees once legal work has started. Trademark Island earns fees from Users when it begins performance of logo design, domain registration, and other non-legal support services.

7. Refund Policy

Refunds for trademark legal services are issued at the sole discretion of the Advertising Attorney whom you, the User, solicit to provide legal services when you click through those designated links to begin an application at the Trademark Island Website properties, including www.trademarkisland.com. However, Attorney Advertisers have agreed to the following general policies regarding fees paid and refunds:

  • Where a conflict of interest cannot be resolved in conformance with applicable bar rules and/or regulations, the Advertising Attorney will refund to the User any fees paid in anticipation of legal services less the Advertising Attorney’s fee of $100.00 U.S dollars for performing the conflict of interest check.
  • Any government filing fees paid in conjunction with legal services offered by Advertisers are non-refundable. Government filing fees are any fees paid directly to an applicable government agency (e.g. United States Patent and Trademark Office) in association with legal services provided by Advertisers.

8. Trademark Island Auto-Reminders

Upon user request, Trademark Island may auto-publish and auto-remind such user of trademark filings, once filings are made public by a government agency. Such alerts are intended for informational purposes, and derived from publicly available data provided by various government agencies. Trademark Island makes commercially reasonable effort to ensure that such auto-reminders comply with any applicable anti-spam laws.

9. Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking here. The Company’s privacy policy is expressly incorporated into this Agreement by reference.

10. User Information

You agree to: (i) provide true, accurate, current, and complete information about yourself and/or your organization, as appropriate, as prompted by the Trademark Island registration form or any other form, including, but not limited to, your e-mail address for notices and any other communications; (ii) maintain and promptly update the foregoing to keep it true, accurate, current, and complete; and (iii) provide any other information that Trademark Island may request of you from time to time for purposes reasonably related to your use of the Trademark Island Website.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree with this Agreement, you may not sign up for or use any services provided by Trademark Island. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in this Agreement and the order you placed, including without limitation, the payment obligations. We are not liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication, reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.

11. Password Protection

You are responsible for maintaining the confidentiality of the password that you will choose as part of the registration process for using certain Website functionality (the Password). Subject to applicable law, you agree to be liable for all uses of your Password whether or not actually authorized by you, including, but not limited to uses of your Password to enter the Website and payment of filing or other fees through Trademark Island or to others. You agree to notify the Company immediately of any unauthorized use of your account, user name or password. You should not give your Password to anyone who is not authorized to take actions on your behalf, and you agree not to do so. You may not use a third party’s account, user name or password at any time. You may be held liable for any losses incurred by Trademark Island, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

12. Intellectual Property

You agree to respect the intellectual property rights of Trademark Island and of others. We reserve the right to suspend or terminate your registration or Use of this Website if it appears that you are infringing upon the intellectual property rights of Trademark Island or of third parties. Intellectual property laws protect some of the services, including, but not limited to, our underlying technology and software. Trademark Island reserves all rights not expressly granted in this Agreement. You agree not to reverse engineer, reverse assemble, or otherwise attempt to discover any source code from the Trademark Island Website. You agree not to duplicate (other than for your records), modify, sell, distribute, or create derivative works based on any part of the Trademark Island Services, and you agree not to attempt to transfer any of your rights under this Agreement. You also agree not to access the Services by any means other than through the interface that is provided by Trademark Island on the Website.

You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Trademark Island user account.

Trademark Island has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Trademark Island or of a third party or that violate intellectual property rights generally. Trademark Island’s policy is to remove such infringing content or materials and investigate such allegations immediately. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing pursuant to 17 U.S.C 512(c)(3).

13. ACCESS AND SERVICES PROVIDED AS IS – NO WARRANTIES

TO THE FULLEST EXTENT OF APPLICABLE LAW, THE WEBSITE AND ALL MATERIALS PROVIDED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TRADEMARK ISLAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, DUTIES OF WORKMAN LIKE EFFORT, OR LACK OF NEGLIGENCE.

TRADEMARK ISLAND ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON ITS WEBSITE AND IS NOT RESPONSIBLE IN ANY WAY FOR THE FUNCTIONALITY, SPECIFICATIONS, OR ANY OTHER ASPECT OF THE ITEMS POSTED. TRADEMARK ISLAND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO TRADEMARK ISLAND SERVICES, THOSE OF ANY ADVERTISING ATTORNEY OR THAT DEFECTS IN ITS WEBSITE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR PROTECTION OF YOUR SYSTEM AND/OR ACCURACY OF DATA, AND FOR MAINTAINING A MEANS OF RECONSTRUCTION OF LOST DATA.

WITHOUT LIMITING THE ABOVE, YOU AGREE THAT NEITHER TRADEMARK ISLAND NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, MEMBERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, REPRESENTATIVES, SUCCESSORS AND/OR ASSIGNS (COLLECTIVELY, “TRADEMARK ISLAND PARTIES”) MAKE ANY WARRANTIES OR UNDERTAKE ANY DUTIES REGARDING, WITHOUT LIMITATION, THE FOLLOWING: THE TRADEMARK ISLAND PARTIES MAKE NO WARRANTY THAT: (i) THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR OF ANY MATERIALS OFFERED THROUGH THE WEBSITE, WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (v) YOU WILL RECEIVE (TIMELY OR OTHERWISE) APPROVAL AND/OR PROCESSING OF DOCUMENTS OR APPLICATIONS BY ANY GOVERNMENT AGENCIES. YOUR USE OF ANY MATERIALS OBTAINED THROUGH THE USE OF THE WEBSITE, OR OF THE SERVICES FROM ANY ADVERTISING ATTORNEY IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE 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.

14. LIMITATION OF LIABILITY: NO INCIDENTAL OR CONSEQUENTIAL DAMAGES.

To the fullest extent allowed by applicable law, you agree that none of the Trademark Island Parties will be liable to you, your successors, agents, heirs or assigns, and/or any other person or entity for any general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not any Trademark Island Party has been advised of the possibility, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise arising out of the use of the Trademark Island’s Website or services.

IN NO EVENT SHALL ANY TRADEMARK ISLAND PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION IN CONTRACT, FOR NEGLIGENCE OR OTHER ACTION IN TORT, EQUITY OR AT LAW, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE OR MATERIALS AVAILABLE FROM THIS WEBSITE, EVEN IF ANY TRADEMARK ISLAND PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

15. Indemnification

You agree to indemnify, defend, protect and hold harmless all of the Trademark Island Parties from and against all losses, claims, and expenses (including attorneys’ fees and costs) arising out of or relating to: (i) your breach of any term, provision or representation of this Agreement, (ii) the determination by a jurisdiction that you have improperly utilized the services of Trademark Island to violate the laws and regulations of the jurisdiction; (iii) your use of the Trademark Island services or your failure to pay any sums due Trademark Island or any local government; (iv) your supplying inaccurate, out of date, errors or omissions, or otherwise incorrect information as well as any action taken by you as a direct or indirect result of the information displayed on the Trademark Island Website; or (v) in any way connected with your access to or use of this Website and the Materials.

16. Compliance with Export Restrictions.

You may not access, download, use or export the Website or Materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.

17. Children.

Minors are ineligible to use the Website, and we ask that they do not submit any information, personal or otherwise, to us.

18. Governing Law; Venue.

Trademark Island, LLC exists solely within the County of Santa Clara in the State of California. You agree that regardless of where you reside or where the browser is physically located, the viewing and use of the Trademark Island Website occurs solely within the County of Santa Clara in the State of California, and that all content and services shall be deemed to be served from, and performed wholly within, the County of Santa Clara, California, as if you had physically traveled there to obtain the service.

By using this Website, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, without application of its choice of law rules. Any legal action or proceeding in any way relating to your access to or use of the Trademark Island Website, services or Materials shall be instituted in a state or federal court in California, and in the County of Santa Clara. You and Trademark Island agree exclusively and irrevocably to submit exclusively to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

19. Dispute Resolution by Binding Arbitration

Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our Customer Service Representative. In the unlikely event that the Company’s Customer Service is unable to resolve your complaint to your satisfaction (or if Trademark Island has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Trademark Island should be addressed to: Notice of Dispute, General Counsel, Trademark Island, LLC 1625 The Alameda, Suite 508, San Jose, CA 95126 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Trademark Island and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Trademark Island may commence an arbitration proceeding.

Trademark Island and you agree to arbitrate all disputes and claims between usbefore a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. You agree that, by entering into these Terms, you and Trademark Island are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific provison is found to be unenforceable, it is severable from the rest of the arbitration agreement.

The arbitration shall be conducted by the Judicial Arbitration and Mediation Services (“JAMS”). Subject to the preceding provisions agreed to by the parties in Section 19 contained herein, the arbitrator must decide all disputes in accordance with the chosen association’s rules and in accordance with California law, and shall have power and obligation to decide all matters submitted, including arbitrability and legal questions raised by pleading or summary judgment motions. In the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that their respective rights and obligations shall be governed by the laws of the State of California, excluding its choice of law rules. Furthermore, in the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that any and all legal action or proceedings shall be instituted in a state or federal court in California, and in the Counties of Santa Clara.

The Client understands that it is free to consult with other counsel about the wisdom of agreeing to arbitration or to any other term of this agreement before accepting it, and the Client agrees that it is voluntarily accepting this agreement.

20. Trademarks

Trademark Island, LLC, trademarkisland.com, the Trademark Island logo, all images and text, and custom graphics are service marks, trademarks, and/or trade dress of the Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

21. Amendments

Trademark Island may amend this Agreement at any time and will provide notice of any such amendment, prominently on the Website. Your use of the Trademark Island Website, Material or services after the effective date of any amendment shall constitute your consent to be bound by the Agreement as amended. In addition, by accepting or using the Trademark Island Website, services or Material, you agree to periodically review this Agreement and be bound by any amendments to the Agreement.

22. Termination

Trademark Island reserves the right to terminate your use of the Trademark Island Website and Services at any time for any reason or no reason at all. If your use of the Trademark Island Website and Services is terminated, you agree that none of the Trademark Island Parties will be liable to you with respect to such termination for any general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not Trademark Island has been advised of the possibility of such damages, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise.

I understand that I have the right to rescind any agreement for any Trademark Island services within 24 hours of execution by providing Trademark Island with a written statement to that effect.

23. Acknowledgement

BY USING TRADEMARK ISLAND’S SERVICES OR ACCESSING THE TRADEMARK ISLAND WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

End of Terms of Use. Last revision as of March 10, 2012.

Prospective clients of the Law Office of Herbert T. Patty may be required to enter into a separate Terms of Service or Retainer Agreement with the Law Office of Herbert T. Patty.