Last Updated: December 18, 2013
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. YOU HAVE A DUTY TO READ THIS AGREEMENT.
By using the Website or clicking the “I agree” button associated with this Agreement, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Revision Legal reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Revision Legal replaces, modifies, or amends this Agreement, the Last Updated date, located above, will change. Your continued use of the Website after a change in the Last Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment contained within this Agreement.
1. User Warranties
By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity or third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity and bind that third party or business entity to the terms of this Agreement.
2. Limited License to Use Website
You acknowledge and agree that the Website is the property of Revision Legal and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You agree that your use of the website is limited by the license granted under the terms of this Agreement. You expressly agree that you will not use the Website in any manner not expressly granted through this Agreement.
Revision Legal provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
3. Acceptable Uses of the Website
You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Revision Legal, including, but not limited to, REVISION LEGAL, are common law or registered trademarks owned or licensed to Revision Legal. You are expressly prohibited from using the trademarks of Revision Legal to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Revision Legal in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are property of their respective owners.
5. Links to Third Party Content
You acknowledge and agree that the Website may contain links to third party websites or content that Revision Legal does not own or control. You are advised to review the terms and conditions of any third party websites or content linked to through the Website, and you agree that Revision Legal will not be responsible for websites not under the ownership or control of Revision Legal. Revision Legal specifically disclaims any responsibility for the content available on any other websites linked to the Website. Your use of or access to any other websites linked to the Website is at your own risk.
6. Term and Termination
The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Revision Legal terminates your access to the Website; or (ii) you cease using the Website. Revision Legal reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
7. Trademark and Copyright Registration Services
Revision Legal may provide you with the ability to pay for trademark and copyright registration services (“IP Services”) through the Website and submit information to Revision Legal to support your filings. You understand and agree that the prices quoted for IP Services are quoted for United States trademark and copyright filings and in US Dollars. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Revision Legal until Revision Legal accepts your invitation to deal by performance, specifically, by filing an application for registration with the United States Patent and Trademark Office or the US Copyright Office. You further understand and agree that additional filing fees may apply in the event that you select more than one trademark or copyright filing (a additional filing fee of up to $325 per class of goods or services for trademarks or and additional filing fee of $35 per copyright registration), a class of goods or services that is not listed within the current version of the Trademark Acceptable Identification of Goods and Services Manual (an additional filing fee of $50 per class of goods or services), or an intent to use trademark (an additional filing fee of $100 at the time of the filing of the Specimen of Use). In the event any additional filing fees arise, you agree to pay all additional filing fees as they become due. Revision Legal will notify you of these filing fees before undertaking them on your behalf. In the event you object to these additional filing fees prior to filing, and where practicable, Revision Legal may refund any amounts that you have paid to Revision Legal. You understand that all flat fees for IP Services are earned upon receipt and that Revision Legal will not refund any amounts that you have paid to Revision Legal once Revision Legal begins the performance of any IP Services.
All payments for services offered through the Website are earned upon receipt and, except were expressly provided for under the terms of this Agreement, non-refundable. You represent and warrant that you will timely pay all fees and charges and that Revision Legal reserves the right to terminate services for your failure to timely pay. All fees and charges will be quoted and payable in United States Dollars.
You agree that you will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of the Website, including, but not limited to, sales tax, use tax, value added tax, and income tax. You agree that you will not initiate any chargebacks against Revision Legal unless approved in writing. You understand and agree that you will be responsible for any costs or fees associated with any unauthorized chargebacks. Any disputes as to payment must be brought to Revision Legal’s attention in writing within thirty (30) days or will otherwise be barred.
9. Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREEVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT REVISION LEGAL WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT REVISION LEGAL’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.
You agree to indemnify, defend, and hold harmless Revision Legal, its officers, shareholders, members, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Revision Legal will not provide you with the ability to control Revision Legal’s defense, and Revision Legal reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY. THIS ARBITRATION WILL BE HELD IN TRAVERSE CITY, MICHIGAN AND BOTH PARTIES AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT IN TRAVERSE CITY, MICHIGAN FOR ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AND HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN TRAVERSE CITY, MICHIGAN. THE ARBITRATOR WILL APPLY THE LAWS OF THE STATE OF MICHIGAN AND THE FEDERAL LAWS OF THE UNITED STATES IN DECIDING ANY CONTROVERSY OR CLAIM PURSUANT TO THIS ARBITRATION CLAUSE.
12. Force Majeure
Revision Legal will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Revision Legal’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend Revision Legal.
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
You are expressly prohibited from assigning your rights and duties under this Agreement. Revision Legal reserves the right to assign its rights and duties under this Agreement, including in a sale of Revision Legal or its Website.