TMKONNECT, INC.

This document was last updated on June 27, 2023.

TERMS AND CONDITIONS OF USE BETWEEN TMKONNECT, INC., HEREINAFTER REFERRED TO AS “TMK” AND THE USERS OF THE PLATFORM TMKONNECT (WWW.TMKONNECT.COM), HEREINAFTER REFERRED TO AS “TMK USER(S)” AND/OR “YOU”. 

1. INTRODUCTION

TMK is a website that connects and organizes trademark application, search for the availability of a trademark, file renewals, application for change of address of the owner in various countries and/or jurisdictions with independent third-party providers of said services for the trademark application, search for the availability of a trademark, file of renewals, application for change of address of the owner in various countries and/or jurisdictions (collectively, the "TMK Functions"). By accessing, browsing, and/or using the TMK platform ("Site") and any other mobile or web functions or applications owned, controlled, or offered by TMK, you acknowledge that you have read and agree to be bound by these Terms of Functions ("Terms"). If you do not agree to these Terms, then please cease using the TMK Functions immediately. TMK reserves the right to change these Terms at any time. TMK recommends that you periodically check the Site for changes. By accessing, browsing, and/or using any TMK Functions after these updates to the Terms have been posted, you agree to be bound by the updated Terms. Notwithstanding the foregoing, if TMK considers it necessary, TMK Users may be requested to expressly accept any changes to the Terms at any time before continuing to use TMK.

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU (TMK USER) AND TMK.

2. USE OF THE SITE

TMK Users are required not to copy, print, photograph, obtain screenshots or in any other manner reproduce the Site content different from that required to be printed and/or uploaded for purposes of filing trademark application(s) and/ or filing trademark renewal application(s) and/or requesting a trademark search for availability and/or change the owner's address of a trademark.

Your access to and use of the TMK Functions must further comply in all material respects with any instructions and guidelines (“Guidelines”) posted on the Site and/or communicated by TMK through e-mail and/or through the Site.

TMK reserves the right to terminate your use of the TMK Functions at any time and for any reason, including, but not limited to, violation of these Terms and/or other guidelines published by TMK on this site.

3. ELIGIBILITY TO USE TMK FUNCTIONS 

You must be eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, to use the TMK Functions. By accessing the TMK Functions, you hereby affirm and warrant that you comply with the age requirements and can lawfully comply with these Terms. Anyone under the age of eighteen (18) or the age of majority in the applicable jurisdiction, whichever is greater, who accesses the TMK Functions in violation of the Terms will be banned from the TMK Functions and may be subject to additional action by TMK. It is your responsibility to confirm that the use of the TMK Functions is permissible under the applicable laws and regulations where you make use of the TMK Functions. If any applicable laws and regulations prohibit your use of the TMK Functions, you may not use the TMK Functions.

4. WARRANTY AND LIMITATION OF LIABILITY

TMK provides the TMK Functions on an "as is" and "as available" basis. TMK and each of its officers, directors, employees, agents, mandataries, partners, shareholders, and licensors (the "TMK PARTIES") offers a guarantee over the function and/or continuity of the function limited to those actions performed directly in the platform, this is trademark application, search for the availability of a trademark, file of renewals, application for change of address of the owner.

The TMK PARTIES do not warrant that the TMK Functions will be uninterrupted or error-free, that defects will be corrected, or that the TMK Functions or the servers that make the TMK Functions available will be free of viruses or other harmful components.

On a case-by-case basis and, at the sole discretion of TMK, TMK may or may not decide whether a credit note of any amount paid for the use of the TMK Functions should or should not be issued to you. However, TMK will reimburse you for the total amount expended in the platform in case of any error or mistake attributable to the technical use of the platform.

You understand and agree that the TMK Functions constitute a technology platform that allows users to connect and organize trademark applications, search for the availability of a trademark, file renewals, application for a change of address of the owner in various countries and/or jurisdictions with independent third-party providers of said services, according to an agreement with TMK or some affiliates by TMK unless agreed to by TMK in a separate written agreement with you. The TMK Functions are made available for your personal, non-commercial use only, you acknowledge that TMK does not provide services for filing trademark applications, search for availability, file renewals, change of address of a trademark in various countries and/or jurisdictions, and that such services are provided by independent third-party providers, who are not employed by TMK or by any of your affiliates, however, our technological platform allows you (TMK users) to connect and organize the trademark application, search for the availability of a trademark, file of renewals, application for change of address of the owner with those independent third party providers.

You understand and agree that TMK is a Platform that allows users to connect and organize  the trademark application, search for the availability of a trademark, file renewals, application for a change of address of the owner in various countries and/or jurisdictions with independent third-party providers of said services, according to an agreement with TMK or some affiliates by TMK. As such, TMK is only bound to make sure you receive the availability search results (including a legal opinion) and proof of filing of such trademark application(s), or renewal application(s) -without guaranteeing the obtaining of the trademark registration-, and application for change of address of the owner, as long as all criteria are complied with by you and all fees have been fully paid. You understand and accept that, due to the different regulations that exist in the world, the different allies and/or IP Agents (Law Firms) may require you to sign an Engagement Letter directly with them, for which You must sign that letter or any other document to comply with the laws and regulations applicable in the place where you require the TMK Functions.  

Please note that subsequent fees (either legal or governmental) will or may apply, such as publication fees, fees for certificate expedition, fees to request an extension of terms, filing an answer to opposition, and other fees until the final certificates are issued, and that said fees are not included in the TMK functions as they are now known when initiating the trademark filing or renewal registration application. This means that during the process, there may be objections or other relevant requirements from the different trademark offices around the world. 

Additional fees for actions according to obtaining the registration of the trademark or renewal including but not limited to publication, title expedition, and request extension of terms, are not included in the TMK terms of use fee, as TMK only takes the initial request and delivers it to the different allies and/or IP Agents (Law Firms) around the globe.  Also, you understand and accept that in some countries there may be additional costs requesting a search for availability that are not precisely governmental fees.

Any further prosecution, office actions, reports, litigation proceedings, obtaining and sending of certificates of registration or renewals, as the case may be, arising from said trademark application(s) will be duly reported by  the person, Law Firm, or company (ally) appointed by TMK for the filing of the trademark application(s) consequently, said allies will contact you for these purposes and TMK will have no participation and shall not bear any liability in connection therewith. 

You understand and agree that the availability search results may not reflect all of the trademarks that could represent an obstacle for your trademark application and the local authorities may refuse to register your trademark  based on a trademark, a prior user, or other applicable intellectual property rights that did not appear on the results, and that the owner of said trademark  or the owner of the other cited obstacles may take legal action if you apply for registration. TMK cannot guarantee that your trademark will be  free of or prevail against all claims or challenges made by holders of common law rights and "actual use" rights to certain not registered trademarks.

TMK cannot guarantee that your mark will be registered or even approved for registration, even if certain trademarks do not appear in the results of an availability search or in the case of renewal applications that the trademark will be renewed. There may be several reasons the local authorities could reject your trademark application and there are circumstances where an automated search may not identify a trademark that the local authorities later identify as a reason to reject your trademark.

You understand that the TMK Functions may or may not be available, either temporarily or permanently, for all displayed countries and that the prices for the TMK Functions (including any and all official fees) may change at any time without prior notice. The countries available and the fees in force for the TMK Functions will be displayed on the site. You understand that the trademark application fees displayed on the Site often correspond to word marks, traditional or non-traditional marks so that means that fees can differ in function to the type of trademark requested (e.g.: a logo or a word and logo mark). However, these rates may be modified without notice.

You understand that the correct working of the TMK Functions depends on you providing TMK allies with documents such as power of attorney duly signed and legalized or apostille (if applicable) and/or accurate and truthful information and, therefore, the TMK parties shall not be liable in any manner whatsoever for not being able to render the functions and/or for any mistake at the time of rendering the functions due to any false, inaccurate, incomplete and/or missing information or documents provided (or not) by you.

You understand that your use of the TMK Functions may involve known and unanticipated risks that could result in damages that may be caused by the acts of other third parties, or occurrences beyond the control of the TMK parties. By using the TMK Functions, you assume all such risks and all responsibility for any losses and/or damages. You voluntarily release, waive, discharge, and hold harmless the TMK parties from any and all claims, demands, or causes of action for property loss or damage, loss of functions, or other claims that in any way arise from or are related to your use of the TMK Functions and your interaction with the person(s) appointed by TMK for the filing trademark application, search for the availability of a trademark, file of renewals, application for change of address of the owner, either within or outside of the Site.

You acknowledge and agree that TMK has offered the TMK Functions, set its fees, and entered into these terms in reliance upon the foregoing warranty disclaimers and limitations of liability. You further acknowledge and agree that the warranty disclaimers and limitations of liability outlined in these terms reflect a reasonable and fair allocation of risk between you and TMK, and that the warranty disclaimers and limitations of liability outlined in these terms form an essential basis of the bargain between you and TMK. TMK would not be able to provide the TMK Functions to you on an economically reasonable basis without these limitations and disclaimers.

5. CHANGES TO TMK FUNCTIONS

TMK reserves the right at any time to modify or discontinue, temporarily or permanently, the TMK Functions (or any portion thereof) with or without notice. You agree that the TMK Parties shall not be liable to you or any third party for any modification, suspension, or discontinuance of the TMK Functions (or any portion thereof). Accordingly, TMK recommends you review from time to time these terms and conditions to be aware of any and all updates.

6. TMK CONTENT

TMK, the TMKonnect Logo, TMK product screenshots, and/or any other designs, texts, images, pictures, or any other representation are trademarks or the subject of other intellectual and industrial property rights of TMK and/or third parties which have authorized TMK to use them, and may not be used without prior, express written permission from TMK. All other trademarks not owned by TMK that appear on the TMK Functions are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TMK.

All content included on the TMK Functions, including all information, data, text, software, music, sounds, photographs, graphics, videos, messages, documents, scripts, tags, compilations of the foregoing, and/or other materials accessible through the TMK Functions, are property of TMK and/or its licensors, as applicable (the “TMK Content”), and protected by US Law and international intellectual property and other applicable laws and treaties. Except as expressly permitted under these Terms, no reproduction, transmission, modification, use, or display of any TMK Content is permitted without our prior, express written permission.

You recognize that TMKONNECT, TMKonnect, TMK, and/or other TMKonnect derivatives constitute the same part or all of the TMK Functions that may be made available under various TMKonnect brand names.

7. TRADEMARK SEARCH FOR AVAILABILITY FUNCTION

This TMK Function consists of providing an opinion on whether a mark is available for registration or not, based, among other aspects, on prior existing trademark registrations and applications in the available displayed Country(ies) of your interest. TMK relies upon TMK PARTIES; these are third-party offices that Partner with TMK to provide such an opinion. 

This TMK Search Function is highly suggested before the trademark is filed to save cost and time during the trademark application process, as it may disclose pre-existing trademarks or other intellectual property rights that could represent an obstacle to obtaining your trademark registration.

By accepting our Terms and Conditions, you understand and agree that TMK, the TMK PARTIES, and the Partner providing the search for availability opinion, regardless of what is mentioned therein, shall not be liable for the search results provided and do not guarantee in any manner whatsoever that a trademark registration will be obtained, considering that the search results are based on the existing records of each of the Trademark Offices in the countries, which may or may not be updated to the date in which the search is made or may not be available for immediate consultation at the moment of searchin (e.g. due to a network error on the Trademark Office's server).

The time for providing the search opinion is 3-5 business days after the Ally in the corresponding country acknowledges receipt of TMK's email instructions where possible; exceptions may apply depending on the country of your selection where an official search at the corresponding Trademark Office requires more than 3-5 business days. However, if you accept and pay the fee for the Express function, the search opinion will be provided in a shorter time than the usual time used for such a purpose. You may select Express Function by clicking the option before payment but this action will increase the legal fees.

When applying for an international trademark (under Madrid System) you understand that a trademark may be the subject of an international registration only if it has already been registered in a certain trademark office in a certain country member of the Madrid System. The Madrid System of international registration cannot be used by a TMK User who does not have the necessary connection, through establishment, domicile, or nationality, with a country member of the Madrid System. 

8. TRADEMARK APPLICATION FUNCTION

This TMK Function consists of preparing and filing trademark application(s) in one or more available countries before the corresponding local Trademark offices. TMK relies upon third-party offices to Partner with TMK to file this (these) application(s).

By accepting our Terms and Conditions, you understand and agree that TMK, the TMK parties, and the Partner in charge of filing the application, shall not be liable for and do not guarantee in any manner whatsoever that a trademark registration will be obtained just for filing the application(s), considering that the granting of the registration may depend on the criteria of each Trademark Office and the Industrial Property laws in force in each country.

The time for filing each trademark application is 3 business days after the Partner (Law Firm Assigned) in the corresponding country acknowledges receipt of TMK’s notification email instructions where possible; however, such time may vary depending on the country of your interest.

TMK will contact you to indicate which documents and information will be required to conclude the trademark filing application(s) on your end to file the trademark application(s) in each of the countries and will also inform you of an estimated time for the filing, depending on the countries you chose for this purpose and if documents submissions such as Power of Attorney or translations are needed. It is your sole responsibility to provide TMK Parties with said documents and/or to instruct them properly to obtain such and or to provide accurate and truthful information to comply with any legal requirement in the corresponding country(ies). 

You understand that the trademark applications are filed to distinguish as many classes and products or services you describe when applying for it on our site, but said classification and description might be subject to official requirements as many countries do not accept generic descriptions or have different interpretations of the international classification of goods and services applied for the registration of trademarks (Nice Classification). Some jurisdictions may only accept the registration of applications filed for specific products or services and/or for specific products or services that are in use in commerce at least as early as the application filing date. 

You understand and agree that TMK, the TMK Parties, and/or the Partner  (Law Firm Assigned) in charge of filing the application will not be liable for any claims made to you and/or to us by third parties which may consider that their rights have been infringed due to the trademark application filing made on your behalf and you accept to indemnify TMK, the TMK Parties and/or the Partner on charge of filing the application for any damages incurred due to these claims.

9. TRADEMARK RENEWAL FILING FUNCTION

This TMK Function consists of preparing and filing trademark renewal application(s) in one or more countries before the corresponding local Trademark offices. TMK relies upon third-party offices Partner (Person, Law Firm, or Company Assigned, known as Allied) with TMK to file this (these) application(s).

By accepting our Terms, you understand and agree that TMK, the TMK parties, and the Partner in charge of filing the application, shall not be liable for and do not guarantee in any manner whatsoever that a trademark renewal will be obtained just for filing the application(s), considering that the granting of the renewal may depend on the criteria of each Trademark Office and the Industrial Property laws in force in each country. Likewise, you accept and acknowledge that it will not be the responsibility of TMK, the TMK Parties, and the Partner if you select a country in which to carry out the renewal of a trademark, said the country requires the Declaration of Use, and even without having submitted the Declaration of Use, you request the renewal process, even after the TMK platform warns you about the need for a Declaration of Use, for which it will be your sole responsibility and you will not have any right of any kind of refund.

The time for filing each trademark renewal application is 3-5 business days after the Partner in the corresponding country acknowledges receipt of TMK's notification email instructions where possible; however, such time may vary depending on the country of your interest and if the Power of Attorney is required and provided on time. TMK will contact you to indicate which documents and information will be required from your end to file the trademark renewal application(s) in each of the countries and will also inform you of an estimated time for the filing, depending on the countries you chose for this purpose. You understand and agree that TMK, the TMK Parties, and/or the Partner in charge of filing the renewal application will not be liable for any claims made to you and/or to us by third parties which may consider that their rights have been infringed due to the renewal application filing made on your behalf and you accept to indemnify TMK, the TMK Parties and/or the Partner on charge of filing the application for any damages incurred due to these claims.

10. CHANGE OF ADDRESS RECORDAL FUNCTION

This TMK Function consists of preparing and filing a change of owner's address application(s) of a trademark in one or more countries before the corresponding local Trademark offices. TMK relies upon third-party offices Partner (Person, Law Firm, or Company Assigned, known as Allied) with TMK to file this (these) application(s).

By accepting our Terms, you understand and agree that TMK, the TMK parties, and the Partner in charge of filing the application, shall not be liable for and do not guarantee in any manner whatsoever that just for filing the application(s), the trademark office change the owner's address of the trademark considering that the changing may depend on the criteria of each Trademark Office and the Industrial Property laws in force in each country.

The time for filing each change of owner's address application(s) of a trademark is 3-5 business days after the Partner in the corresponding country acknowledges receipt of TMK's notification email instructions where possible; however, such time may vary depending on the country of your interest and if the Power of Attorney is required and provided on time. TMK will contact you to indicate which documents and information will be required from your end to file the change of owner's address application(s) of a trademark in each of the countries and will also inform you of an estimated time for the filing, depending on the countries you chose for this purpose. You understand and agree that TMK, the TMK Parties, and/or the Partner in charge of filing change of owner's address application(s) of a trademark will not be liable for any claims made to you and/or to us by third parties which may consider that their rights have been infringed due to the application filing made on your behalf and you accept to indemnify TMK, the TMK Parties and/or the Partner on charge of filing the application for any damages incurred due to these claims.

11. PROCEDURE FOR MAKING CLAIMS OR OBTAINING HELP

It is our policy to respond to claims and questions made by TMK Users.

If you require assistance, wish to report any errors on the website, or make any claim in connection with the TMK Functions, please access the “NEED HELP?” section at the Agent/User Interface on our site and provide the following information: (a) a detailed description of the problem and any inconvenience you consider has been caused due to such a situation; (b) your email address.

One of our representatives will contact you by email within a deadline of 2 business days to respond to your petition and, as the case may be, determine at its sole criteria whether any and all claims are valid or not.

You understand and agree that any information provided through the help module on the site requires being truthful and precise and, as the case may be, you may be liable before TMK should any false statement or inaccurate information be provided for unlawful benefit. TMK reserves the right to prosecute any kind of action should any damage be caused to TMK or the TMK Parties arising out of these false/inaccurate statements or information.

12. FEES AND PAYMENT

To use the TMK Functions, you agree to fully pay any fees (including legal and official fees) and taxes associated with the procedure before receiving the TMK Functions. If there is a charge associated with a TMK Function, you agree to pay that charge only through the available payment options on the Site (e.g. PayPal, Credit/Debit Card, Billtrader, etc.). The price stated for the TMK Functions will be established in the United States Dollars currency. Before paying any charge, you should consult whether the price charged includes all applicable taxes, bank commissions, and currency exchange settlements applicable in your country. The currency rate depends on the payment platform you decide to use (e.g. PayPal, Credit/Debit Card, Billtrader, etc.). You are solely responsible for paying such taxes, commissions, or other charges. TMK relies on third-party payment portals (e.g. PayPal, Billtrader, etc.) to collect fees and charges to render the TMK Functions. Consequently, TMK will not treat or use your banking credit/debit card or PayPal account information in any manner, whatsoever this information is used and treated only by the payment portals in charge of collecting the fees for the TMK Functions. We recommend you consult the data protection policies of the portal you will use for paying the TMK Functions to know how this information will be treated by such a payment option. TMK will not proceed to render any kind of TMK Function until it receives payment confirmation from such portals. Please consider that if by any cause, TMK is required to return the charges paid, this will result in immediate suspension or cancellation of the TMK Functions.

ONLY YOU AND NOT TMK, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR FUNCTIONS BILLED TO YOUR PAYPAL ACCOUNT, CREDIT OR DEBIT CARD BY ANY THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU.

In the case, TMK User(s) decides to pay through the BillTrader payment option, TMK will charge an additional bank fee of $20.00 -twenty US dollars- when the TMK User(s) is not located in the following geographical territories: United States of America, United Kingdom, European Union, Canada, Australia, China, Hong Kong, New Zealand, Singapore and Japan. The bank fee amount may vary without prior notice.

Also, by using the BillTrader payment option, the TMK User(s) will not be able to obtain the 5%* discount that is granted to TMK User(s) for the use of TMK Functions when paying through other payment engines.

*The aforementioned 5% discount is active until December 31, 2023.

If the TMK User(s) decide to pay through the BillTrader payment option, the TMK User(s) (i) must be previously registered on the BillTrader platform (link to register: https://platform.billtrader.com/register); (ii) will have to make the payment of the invoice(s) directly to BillTrader within the next 30 (thirty) calendars days after receiving the TMK Functions.

TMK cannot manage any aspect of your payment through the payment portals on your behalf.

You should be aware that canceling the Functions after payment through our Help Module or any contact form available at TMK, will not terminate or rescind your use of the TMK Functions and will not entitle you to any kind of refund.

Exceptionally and at the sole discretion of TMK, without being obligated to do so, TMK may from time to time, grant discounts to Users as well as to allies and/or IP Agents, as well as credit refunds to be used in TMK Functions. TMK may make said discounts or benefits through the communications it sends to Users and/or allies and/or IP Agents, as the case may be, specifying the terms and conditions of such discounts or benefits as well as their validity and applicability.

13. REFUND POLICY

As previously mentioned in section 4, on a case-by-case basis and, at the sole discretion of TMK may be applicable a reimbursement for the total amount expended in the platform in case of any error or mistake attributable to the technical use of the Site.

However, the TMK Functions will include  the issuance of available credit when requesting the cancellation of a trademark request (search, trademark application, renewal, change of owner's address). Credit is applicable only toward order requests made  with no more than 24 hours or for which the status is not yet as "Instructions received"; it is not applicable also for the express procedures option. Also, you understand that the Credit available on the Site is applicable only toward future fees for use of the TMK Functions and are not convertible into cash. If this credit note is used by the TMK User, and the fees for the TMK Functions are for a greater amount, the TMK User is obliged to pay the remainder.

If the TMK User has made the payment through the BillTrader platform, the aforementioned refund conditions will apply in the same way, except that if the TMK User chooses the option of a refund in TMKonnect credits, the TMK User will have the option to cancel the corresponding invoice, rendering it invalid within the BillTrader platform within a period not exceeding 3 (three) business days following the cancellation request.

Please report the case immediately via contact@tmkonnect.com and/or support@tmkonnect.com.

14. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents, or proposals ("Feedback"), you agree that (i) your Feedback does not contain confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, concerning the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, without any additional compensation perpetual or for the longest period allowed by the applicable Law, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

15. EXTERNAL MATERIALS

The TMK Functions, Advertisers on the TMK App, or TMK Users may provide links or ways to contact other websites, persons, or resources. You acknowledge and agree that the TMK Parties do not endorse and are not responsible for any content, advertising, products, services, or other materials on or available through such sites or resources ("External Materials"). External Materials are subject to different terms and conditions and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that the TMK Parties shall not be liable for any damage or loss caused by or resulting from the use of or reliance on any External Materials.

Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the TMK Functions, including payment for or delivery of such goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that the TMK Parties shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.

16. PROHIBITED USES

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

• Use the TMK Functions or any location information displayed within the TMK Functions to stalk, harass, abuse, defame, threaten or defraud TMK User, or to collect, attempt to collect, or store location or personal information about other users;

• Include offensive or pornographic materials when using the TMK site;

• Use the TMK Functions for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

• Make unsolicited offers, advertisements, proposals, or send junk mail to TMK or to other TMK Users. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures;

• Impersonate any person or entity different from you or falsely claim an affiliation with any person or entity;

• Provide false information looking forward to damaging the reputation, image, name, honor, or private life of a third party and/or of the TMK Site, its representatives, or advertisers.

• Misrepresent the source, identity, or content of information transmitted via the TMK Functions;

• Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the TMK Functions, features that prevent or restrict use or copying of any content accessible through the TMK Functions, or features that enforce limitations on use of the TMK Functions;

• Intentionally interfere with or damage the operation of the TMK Functions or any TMK Users enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

• Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

• Post, store, send, transmit, or disseminate any information or material which, to the best of your understanding, infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

• Attempt to gain unauthorized access to the TMK Functions, or any part of these, other accounts, computer systems or networks connected to the TMK Functions, or any part of these, through hacking, password mining or any other means, or to interfere or attempt to interfere with the proper working of the TMK Functions or any activities conducted on the TMKFunctions; or

• Use any robot, spider, scraper, or other automated means to access the TMK Functions for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the TMK Functions or modify the TMK Functions in any manner or form, nor to use modified versions of the TMK Functions, including (without limitation) for the purpose of obtaining unauthorized access to the TMK Functions.

• Make any kind of action that could imply directly or indirectly that you are a representative, authorized distributor, employee, or in any other way represent, endorse or support the TMK Site, the TMK Parties, or the Partner offices of TMK or the advertisers of the TMK Site.

17. USER CONTENT

The TMK Functions may allow the submission of information, content, and materials (such as pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other TMK Users("User Submissions"), and may also allow, at its sole discretion, the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your User Submissions ("Your Content") and the consequences of sending them to us. In connection with Your Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize TMK to use, all intellectual property and any other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the manner contemplated by the TMK Functions and these Terms; and (ii) you have the written consent, release, and/or permission of every identifiable person in Your Content to use the name or likeness of every such identifiable person to enable inclusion and use of Your Content in the manner contemplated by the TMK Functions and these Terms. For clarity, you shall retain all of your ownership rights in Your Content.

TMK assumes no responsibility whatsoever in connection with or arising from User Submissions. TMK assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time TMK chooses, in its sole discretion, to monitor User Submissions, TMK nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the TMK Users submitting User Submissions. Further, TMK does not endorse and has no control over the content of User Submissions submitted by other users. TMK makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions.

RESPONSIBILITY FOR YOUR CONTENT

You alone are responsible for Your Content, and once uploaded, it cannot always be withdrawn or modified, therefore, the TMK Functions may continue to be rendered with Your Content, even though it may contain errors or inaccuracies. Please be aware that a trademark application, once filed, may be publicly available in the Trademark Offices' databases of each country. Because of the foregoing, you assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally liable or identifiable or provides others with information to locate you or determine places that you have visited, are visiting or are planning to visit. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by TMK, the TMK Parties, or the Partner persons in charge of rendering the TMK Functions.

You may expose yourself to liability if, for example, Your Content contains false material, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains unlawful material, including illegal hate speech or pornography; exploits or otherwise harms minors; harms the honor, name, image or private life of a person or violates or advocates the violation of any law or regulation.

OUR RIGHT TO USE YOUR CONTENT

TMK does not claim ownership of Your Content. However, you grant us the right to use Your Content in any manner deemed convenient by TMK, the TMK Parties, and/ or the Partner persons in charge of rendering the TMK Functions, for the sole purpose of rendering the TMK Functions. You understand that the technical processing and transmission of data associated with Your Content may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of hardware, servers, connecting networks, or devices.

ADVERTISING

TMK and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.

PERSONAL DATA

You hereby agree and accept that any personal data, sensitive personal data, and information about you that is shared, contained, and /or published on the TMK Site will be used under the provisions outlined in our Privacy Policy. The acceptance of these Terms and Conditions automatically implies the acceptance of such Privacy Policy.

Please note that when you visit our Site for the first time, you will be prompted to accept or refuse cookies. The purpose of the cookies is to enable the site to remember your preferences for a certain period. Cookies can also be used to establish anonymized statistics about the browsing experience on our Site. Please remember that you can delete all cookies that are already on your device by clearing the browsing history of your browser.

OTHER

We reserve the right to remove Your Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, except for that outlined in our Privacy Policy, nor do we guarantee any confidentiality concerning Your Content.

18. INDEMNIFICATION

You agree to indemnify, defend, and hold the TMK Parties harmless from and against any claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to your use of the TMK Functions in violation of these Terms, including, but not limited to, (a) your use or misuse of the TMK Functions generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of these Terms, or (d) your use of the TMK Functions to communicate with or meet another person (e.g. Partner persons in charge of filing the applications) or to locate and attend any offline place or event. TMK reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

You are responsible for all activity that occurs on your Account and you agree to keep your Account username and password secure and secret at all times. Unless TMKonnect allows otherwise in writing, you may only have one Account.

19. INTERACTIONS WITH TMK PARTNER PARTIES

After rendering the TMK Functions and, particularly, after filing a trademark application(s) as described above of these Terms, the prosecution of such application and any other communication with you will be the responsibility of the TMK Partner person who applied. TMK will have no participation nor responsibility for any action or situation occurring after the filing of the application(s) is reported to you.

You are solely responsible for your interactions with other persons arising from the use of the TMK Functions and the TMK Parties assume no liability for these interactions. TMK does not conduct criminal or other background checks on its users but reserves the right to do so at any time. The TMK Parties assume no liability for your interactions with other persons and make no representations or warranties as to the conduct of such persons and/or the information they provide and/or the statements that they make after filing the trademark application(s). You agree to take reasonable precautions in your interactions with these persons. The TMK Parties are not responsible for monitoring any disputes between you and the Partner person in charge of filing the application(s) after the trademark application filing is reported to you.

20. GOVERNING LAW

These interpretations of the Terms and your relationship with TMK under these Terms shall be governed by and construed and enforced by the applicable laws of the United States of America and the competent courts in Washington, D.C. Consequently, you hereby waive any jurisdiction arising out from your domicile, nationality or for any other reason.

21. MISCELLANEOUS

If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified, or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms.

A provision of these Terms and Conditions may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require the performance of any provision of these Terms and Conditions shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

22. CONTACTING US

If you would like to contact us to understand more about these Terms and Conditions or wish to contact us concerning any matter relating to the Site, you may send an email to contact@tmkonnect.com or write a letter to 888 17th Street NW Suite 220 Washington, D.C. 20006, USA.