Trademark services agreement

Updated February 28, 2020

PLEASE READ THIS TRADEMARK SERVICES AGREEMENT CAREFULLY. By using the trademark services (the “Trademark Services”) made available by Marcaria.com International Inc. (“Marcaria”) via its website (the “Website”), you agree to the following provisions governing such use (the “Trademark Services Agreement”).  The Trademark Services Agreement is a binding legal contract entered into by you and Marcaria.  Both you and Marcaria may be referred to herein individually as a “Party”, and collectively as the “Parties”.  You may be referred to herein as the “User” and “Client”.

  1. INCORPORATION BY REFERENCE. The terms of the Marcaria Terms of Use are hereby incorporated by reference herein.  Should any conflict arise between the Marcaria Terms of Use and this Trademark Services Agreement, this Trademark Services Agreement shall control solely with respect to the Trademark Services; in all other respects the Marcaria Terms of Use shall prevail.  As incorporated herein, all references to “Agreement” within the Marcaria Terms of Use shall be interpreted to include this Trademark Services Agreement.
     
  2. THE SERVICE.
     
    1. Scope of Services. MARCARIA DOES NOT PROVIDE LEGAL COUNSEL.  Marcaria provides a web portal for domain name services, trademark services, and internet software systems.  Marcaria aims to give visitors a general understanding of the law, and provides access to public information and non-legal services.  Marcaria’s services include reviewing the User’s information for completeness, spelling errors, and for internal consistency of names, addresses, and other User entered information.  Marcaria also provides services aimed at assisting clients in the administration of certificates. Marcaria is NOT a law firm and cannot and does not provide legal services or legal advice. In any instance where you need legal services, Marcaria will provide you with the information of third-party licensed attorneys (each an “Attorney”). Marcaria is a directory service and does not provide legal referral services.

      Marcaria’s sole involvement with respect to your retaining an Attorney is as a directory service.  Marcaria shall not influence or interfere in with an Attorney’s independent judgment.  As between Marcaria and any Attorney, the Attorney shall have sole discretion with respect to the handling of User’s legal matters.  You warrant and agree that you will submit to the Website only materials reasonably necessary for registration of any trademark or service mark.  You understand and agree that any other materials submitted to the Website shall not be treated as confidential or proprietary or otherwise considered information protected by attorney-client privilege.

      With respect to non-legal services, or services provided in jurisdictions where the use of a licensed attorney is not a requirement, Marcaria may connect you with a trademark specialist rather than a licensed attorney.

      You shall have no claim of liability against Marcaria with respect to any such services and/or advice, and hereby acknowledge and agree that Marcaria is and shall not be responsible for the acts or omissions of said third-party.
       
    2. Conflicts Check and Refund of Fees. Should any conflict of interest arise with respect to your representation by a third-party Attorney, then Attorney, at their sole discretion, may terminate the relationship between you and Attorney, you shall receive a refund of any fees pre-paid for services.
       
    3. Account Management. Marcaria shall assign to you an account manager.  Said account managers shall be employees and/or third-party contractors of Marcaria, and may provide you with information regarding the trademark registration process, requirements, status updates, and other general support.  Account managers do not provide legal advice or provide legal services.  As trademark information is considered public information, you understand that Marcaria having access to such information and communicating it to you is not a violation of attorney-client privilege.
       
    4. Trademark Services. “Trademark Services” shall mean those trademark search and registration services made available or otherwise made known via Marcaria’s Website.
       
    5. Additional Documents. You agree to provide and/or execute any additional documentation required for the successful completion of the Trademark Services, including but not limited to any required powers of attorney.  You agree to provide duly executed, notarized, legalized originals, and/or translations as required and at your own expense.
       
    6. Additional Fees. In some countries and jurisdictions, additional payment is required to order a Comprehensive Study in local, non-Latin characters.  Moreover, additional payment may be required before a due date to obtain a trademark registration certificate and to maintain the registration in force over time.  Marcaria will notify you if such payment is required, but it is your sole responsibility to ensure the fees are paid timely. To obtain a trademark registration certificate, even if you elect to pay such fees in advance, an additional payment may be required due to changes in such fees beyond the control of Marcaria or due to variances in the exchange rate, between the date of payment and the date when the fees in local currency must be settled.  If you do not pay any such additional payment within the specified time, the trademark registration may remain pending or may be considered abandoned by the trademark office due to no fault of Marcaria.
       
    7. Certificate Hardcopies. Some trademark offices issue hardcopy certificates. In these cases, hardcopy certificates will be delivered to you by the method selected by you.  If you elect to have a hardcopy certificate delivered by regular mail, it will be sent to you at no cost.  However, Marcaria will not be responsible for any delay or loss thereof.  If you elect to have the hardcopy certificate delivered by private courier at your sole expense, Marcaria shall guarantee delivery.
       
  3. RIGHT TO TERMINATE SERVICE. Marcaria has the right to refuse Trademark Services to anyone and to cancel any User’s access thereto for any reason and at any time without prior notice.  Among other causes, Marcaria may refuse to provide a Trademark Service at its sole discretion if an Attorney, trademark specialist, or Marcaria itself has a conflict of interest with the User’s request.  Also, Marcaria has the right to discontinue availability of the Trademark Services, either temporarily or permanently, or as to any part thereof, without notice or liability of any kind.
     
  4. USER INFORMATION AND INTELLECTUAL PROPERTY.
     
    1. Unsolicited Submissions. You understand that you shall not submit confidential or proprietary intellectual property through the Website, other than the materials necessary for the successful registration of the trademark.  Marcaria will promptly provide any proprietary materials to the Attorney or trademark specialist.  All comments, feedback, information or material submitted to Marcaria through or in association with the trademark registration process, by any participant in the process, shall be considered confidential and part of your attempt to register the trademark.
       
    2. Release of Information to Third-Parties. Marcaria will protect your information from being released to third-parties other than the Attorney, trademark specialist, or other authorized party.  If it is necessary to provide information or materials to third-parties other than the Attorney or trademark specialist, YOU, THE CLIENT, HEREBY RELEASE MARCARIA, ITS OFFICERS, EMPLOYEES, DIRECTORS, REPRESENTATIVES, AND AGENTS FROM ANY LIABILITY CONNECTED TO OR RESULTING FROM THE DISSEMINATION OF SUCH INFORMATION AND MATERIALS.  THESE TERMS ARE SUBJECT TO THE WAIVERS, RELEASES AND INDEMNIFICATIONS AGREED TO BY YOU IN THE PROVISIONS CONTAINED HEREIN, AND TO ALL REPRESENTATIONS AND PROMISES MADE BY YOU IN THIS TRADEMARK SERVICES AGREEMENT AND IN THE TERMS OF USE.  To protect your information and avoid unsolicited communications, by requesting a trademark service you authorize the creation of an email to be used for the application and registration processes.  Any communication, except for spam, will be forwarded to the email associated with your account.
       
    3. Third-Party IP. Content made available to you via the Website that is not otherwise owned or controlled by Marcaria shall be owned and controlled by their respective owners and/or licensees.
       
    4. License to User IP. You hereby grant to Marcaria a limited license to process, copy, and otherwise handle your intellectual property to the extent necessary to perform any service requested by you.
       
  5. DISCLAIMER AND LIMITATIONS OF LIABILITY.
     
    1. Disclaimer Regarding Attorneys. Marcaria makes no representation or warranty as to the qualifications or competency of any Attorney, or as to the accuracy or completeness of any participating Attorney’s work.  Participating Attorneys are independent third-parties solely responsible for the advice they give, the services they provide, and the representations about themselves they make.

      YOU, THE USER, UNDERSTAND AND AGREE THAT MARCARIA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR PROFESSIONAL SERVICES RENDERED BY ANY ATTORNEY RETAINED BY YOU IN CONNECTION WITH YOUR USE OF THE MARCARIA SERVICES AND WEBSITE, REGARDLESS OF WHETHER MARCARIA MADE THAT PROFESSIONAL’S INFORMATION AVAILABLE TO YOU, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES OR THE OUTCOME THEREOF IS SOLELY AT YOUR OWN RISK.
       
    2. Trademark Services Disclaimer. The trademark approval process is inherently subjective and unpredictable.  YOU, THE CLIENT, HEREBY VERIFY THAT YOU UNDERSTAND THAT THE PROCESS IS SUBJECTIVE, AND THAT THERE ARE POTENTIAL INACCURACIES IN THE DATA THAT COULD AFFECT THE RESULTS OF ANY STUDIES OR PREDICTIONS PROVIDED TO YOU.  YOU ALSO UNDERSTAND THAT ANY DECISION MADE BY YOU AND/OR THE BUSINESS ENTITY AFTER CONSULTING WITH THE TRADEMARK ATTORNEY, OR TRADEMARK SPECIALIST, DOES NOT CARRY A GUARANTEE OF SUCCESS; LIKE ANY SIMILAR PROCESS OR DECISION TO UNDERTAKE LITIGATION OR A CONTESTED, ADVERSARIAL PROCEDURE.  THE DECISION IS SUBJECTIVE AND WHOLLY BASED ON THE FACTS AVAILABLE.  CONSEQUENTLY, YOU THE CLIENT, DO UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOU ARE BOUND TO THE WAIVERS, RELEASES, AND LIMITATIONS THAT APPLY TO THE TERMS OF USE AND TO THIS TRADEMARK SERVICES AGREEMENT.  ANY TIMEFRAMES AND COMPLETION DATES PROVIDED ARE ESTIMATES AND YOU ACKNOWLEDGE THAT THE NATURE OF TRADEMARK REGISTRATION CAN CAUSE COMPLETION TIMES TO VARY AND CHANGE CONSIDERABLY WITH LITTLE TO NO WARNING.  MARCARIA SHALL HAVE NO LIABILITY FOR ANY DELAY IN TRADEMARK REGISTRATION.  FURTHERMORE, YOU UNDERSTAND THAT MARCARIA, THE ATTORNEY, AND/OR TRADEMARK SPECIALIST CANNOT PREDICT WITH ANY CERTAINTY AS TO WHETHER YOUR TRADEMARK APPLICATION WILL FACE ADDITIONAL CHALLENGES FROM THE TRADEMARK OFFICE OR THIRD PARTIES OPPOSING YOUR TRADEMARK APPLICATION.  YOU UNDERSTAND THAT SHOULD SUCH CHALLENGES OR OPPOSITIONS OCCUR, YOU MAY INCUR ADDITIONAL OFFICIAL FEES AND ATTORNEY FEES TO DEFEND AGAINST SUCH CHALLENGES OR OPPOSITION, FOR WHICH MARCARIA, THE ATTORNEY, AND/OR TRADEMARK SPECIALIST HAVE NO LIABILITY.
       
    3. No Backup of Records. You, the Client, understand that you are solely responsible for the creation, storage, and backup of your business records, any registrations, and activity data.  This Trademark Services Agreement and any registration for or subsequent use of the website will not be construed as creating any responsibility on Marcaria's part to store, maintain, backup, retain, or grant access to any information or data for any period.
       
  6. TERM AND TERMINATION. This Trademark Services Agreement shall be effective from the moment you first access the Trademark Services and shall continue in effect in perpetuity.
     
  7. GENERAL.
     
    1. Entire Agreement. This Trademark Services Agreement is the entire agreement between the Parties and supersedes all proposals, all prior agreements, commitments, oral or written, and all negotiations, conversations or discussions between the Parties relating to this Trademark Services Agreement. 
       
    2. Contact Information. If you have any questions, concerns, or complaints about our Trademark Services or anything under this Trademark Services Agreement or other Agreements with us, please contact us at the following email address or telephone number:

      Email: info@marcaria.com
      Phone: +1-305-676-8749

      Mailing Address:
      8345 NW 66 ST #B1673
      Miami, FL 33166-7896