If using the Morgan Business Solutions website (the “Website”), you agree to these terms and conditions as an agreement by and between you and Morgan Business Solutions, LLC (referred to as “we”, “us” or “our”). This Agreement also incorporates our Privacy Policy as if set forth at length herein. If you do not wish to agree to these terms, please refrain from using the Website.
THIS AGREEMENT, BELOW, CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.
Conditions to Use our Website
Your permission to use the Website is conditioned upon your agreement that you:
• will comply with these Terms of Use;
• are 18 years of age or older and can enter into a contract;
• will not use the Website in a manner that violates the laws of the United States, including, but not limited to, its export and re-export laws.
• will not copy or distribute any part of the Website in any manner without our prior written consent;
• will provide accurate information when creating an account, submitting content or registering for our Website;
Search Services
If you use our search services, we use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We, however, cannot make any guarantees, all decisions are made are at the USPTO’s discretion. There may be a number of reasons the USPTO rejects your mark and there are circumstances where a search may not identify a mark the USPTO identifies as a reason to reject your mark. Morgan Business Solutions 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 U.S. Trademark Search may not generally identify a potential basis for the refusal of your trademark.
Likewise, when your order covers common law mark searches, we use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We, however, cannot guarantee that your mark will be free of or prevail to all claims or challenges made by holders of common law rights to all marks. There are circumstances where a search may not identify a common law mark that may be similar to your mark.
The search entails a federal, state and common law search reviews the USPTO database, the databases of all 50 states, and a business registry. It is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design.
Standard and Premium Package
Standard and Premium Registration Package
Upon submission of a Standard or Premium Package we will perform our Federal, State and Common Law Search under the terms of that package for the trademark submitted.
You agree that should a trademark be encountered which could block the registration of your trademark in our Search upon request we will refund you all but the search fee, plus a 10% cancellation fee, of the money paid for the Standard or Premium Package provided the request is made prior to work being performed with enough time to allow submission of the trademark with the U.S. Patent and Trademark Office. Further, should you cancel your order for any reason following submission of a Standard or Premium Package after work being performed with enough time to allow submission of the trademark with the U.S. Patent and Trademark Office to be filed you agree that we will refund you all but the search fee, plus a 10% cancellation fee, of the money paid in consideration services already performed.
You hereby consent to Morgan Business Solutions 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 which results from the submission of the application you acknowledge that the U.S. Patent and Trademark Office will mail the same directly to you or the official correspondence record for the application you provide to Morgan Business Solutions.
You may include up one class of goods or services from the Acceptable Goods and Services Manual of the U.S. Patent and Trademark Office within this package. If you would like to include additional goods and services additional fees may apply.
Purchase of our Standard or Premium Package does not guarantee that your trademark will be registered with the U.S. Patent and Trademark Office. Our Standard/Premium Package does not include responding to Substantive Refusals, only minor correspondence and non-substantive Office Actions. Further, it makes no warranties that your use of the trademark is authorized by law or cannot be challenged by potential third parties known or unknown.
New Services/Features
From time to time, we may offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Logo Design Services
Logo design services are outsourced to a designer who is an independent contractor. For any questions, concerns or issues, you are waiving the option of bringing any claim against Morgan Business Solutions.
Disclaimers of Warranty and Limitations of Liability
We provide the Website and the related services "as is", “whereis”, and "as available." We make no express and/or implied warranties or guarantees about the Website, the goods and services described thereon or the Advertisers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Indemnity
You agree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.
Governing Law
This Agreement shall be construed, interpreted and governed by the laws of the State of Indiana without regard to conflicts of law provisions thereof. The exclusive forum for any dispute arising out of or relating to this Agreement shall be the United States District Court for the Southern District of Indiana – or appropriate state court sitting in Marion County, Indiana, U.S.A. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.
Dispute Resolution
For the purposes of this Section, references to "Morgan Business Solutions," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
In this Agreement, Dispute is defined as “any dispute, claim or controversy between you and Morgan Business Solutions, LLC, its members, officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Site or Service, or otherwise regarding any aspect of your relationship with Morgan Business Solutions that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.
The arbitrability of any Disputes is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive law of any Disputes, to the maximum extent authorized by law, the laws of the State of Indiana govern the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles.
Arbitration. Any Dispute shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
Any arbitration will be conducted by the AAA under its Commercial Arbitration Rules. If the value of the dispute is $75,000 or less, its Supplementary Procedures for Consumer-Related Disputes will also apply. No costs of arbitration will not be paid for by Morgan Business Solutions, LLC. You agree to commence arbitration only in Marion County, IN, US. We agree to commence arbitration only in Marion County, IN. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. Nothing herein prohibits Morgan Business Solutions, LLC from asking the arbitrator to award Morgan Business Solutions, LLC all costs of the arbitration including any Administrative Fees paid on your behalf.
If the Dispute is not arbitrated by the choice of the parties or a court does not compel arbitration if either party elects to arbitrate for whatever reason, the Dispute will be decided by a court without any right by either party to a trial by jury. Any such court proceeding, including any efforts to compel arbitration or initially filed lawsuits that arises out of or relates to this Agreement or use of the Sites shall be decided exclusively by a court of competent jurisdiction located in the Indianapolis, Marion County, Indiana.
Entire Agreement
This Agreement, including the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
Modifications to the Agreement
We reserve the right at all times to discontinue or modify any of these terms and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. We may, but are not necessarily obligated to notify you via email of any substantial changes, by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Website. Any changes to this Agreement will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Website. We suggest you, therefore, re-read this section of our Website from time to time to stay informed of any such changes. Use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.
Refund Policy
Morgan Business Solutions strives to meet the trademark needs of our customers in a professional, courteous and efficient manner. We want every customer to be 100% satisfied, so we will work with any customer who has any questions or concerns about their filings. If you do believe our services have been satisfactory, let us know and we will be happy to make every effort to resolve the issues to your satisfaction. If we don’t, please request a refund of the fees you paid Morgan Business Solutions, LLC. Time spent on the Standard and Premium services will be billed at $200 an hour. A 10% cancellation fee will be charged for all refunds. (Example: If client wants 2 Premium Service packages at $650 each, and Morgan Business Solutions subsequently spends two hours on legal research and administrative work of the application, then client decides they no longer want a trademark, Morgan Business Solutions will be entitled to 2 hours of work at $200 per hour + the 10% cancellation fee. Client would be entitled to a ($1300-$400-$130) $770 refund.)
Please note only Morgan Business Solution fees are refundable; all government fees involved in your filing services are non-refundable. The USPTO may experience delays or deny your application without any fault of the Morgan Business Solutions. These issues are out of our control and will not be the basis for a refund.
If you decide that you want a refund, all such requests must be submitted within 30 days of purchase. However, if you choose, you may request to receive a credit for future Morgan Business Solutions purchases/payments instead of a refund.
Miscellaneous
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.