TMIntel™ uses TrademarkIntel’s proprietary software to scour the Internet for potential conflicts with your (or your clients’) new and existing trademarks. We offer single-search options for trademark owners, and offer subscription-based access for intellectual property attorneys, brand managers, marketing agencies and franchise companies. TMIntel™ was developed by a trademark attorney and innovative software developers to fill the void in the marketplace for instant, comprehensive trademark clearance research without the need to pay for (and wait for) one-by-one search reports from commercial search providers.
Collection and Use of Credit Card Data and Other Personal Information
TrademarkIntel may request and collect Personal Information from You any time You contact TrademarkIntel. “Personal Information” may include your name, phone number, address, email address, any other information that can be used to uniquely identify or contact You, and your credit card, debit card, payment account or other billing information that You submit in connection with an order for purchase.
TrademarkIntel will not actively seek out or investigate Your Personal Information, unless it is necessary to do so in order to pursue a claim against You. Generally speaking, TrademarkIntel will only obtain and retain such Personal Information as You submit through the Website or communications between You and TrademarkIntel, and as may be shared by third-party service providers, such as shipping, credit card and billing companies.
We may use Your Personal Information as follows:
- To process and fulfill purchase orders that You submit through the Website;
- To keep You informed about TrademarkIntel’s product and service offerings, and to help improve TrademarkIntel’s products, service, Website content, and advertising;
- For other internal purposes such as auditing, record keeping and data analysis;
- To comply with any and all applicable laws, rules and regulations.
If You do not wish to receive communications from TrademarkIntel not specifically associated with Your orders for subscriptions or licenses for the TMIntel™ software, You may opt out of receiving such communications by emailing email@example.com, subject line: “Opt Out of Promotional Communications”.
Collection and Use of Non-Personal Information
TrademarkIntel may also collect non-personal information from or relating to You in connection with Your use of the Website. Such non-personal information may include, but will not necessarily be limited to: activities on the Website; Internet surfing habits and tendencies; and, geographic location identifiers, such as time zone, zip code and area code. TrademarkIntel may use, transfer and disclose non-personal information for any purpose.
The Website and TrademarkIntel advertisements may employ “cookies” and other technologies to help TrademarkIntel understand user behavior, track visits to the Website, and measure the effectiveness of advertisements and promotional campaigns. Similar to most other websites, the Website may gather certain information automatically and store it in log files. Such automatically-stored information may include Internet Protocol (IP) addresses, browser type, Internet service provider (ISP), referring and exit pages, time and date stamps, and clickstream data. You may be able to disable cookies through the preferences or options specifications in Your web browser.
Protection of Personal Information
TrademarkIntel takes certain precautionary measures in its ordinary business operations to maintain the confidentiality of your Personal Information. Such measures include limitations on access, use of password protection and utilization of antivirus scanning software. While TrademarkIntel endeavors to maintain commercially reasonable efforts to protect Your Personal Information, it, like any other company, is not able to guarantee that Your Personal Information will be free from unintended disclosure and misappropriation. If TrademarkIntel discovers an event pursuant to which the confidentiality of Your Personal Information has been compromised, it will inform You of such event, but it will not be liable for any loss or damage you incur as a result thereof.
Access to Personal Information
Upon request, TrademarkIntel will inform you by email of Your Personal Information within its possession. If not required to retain Your Personal Information by law or for legitimate business purposes, upon request TrademarkIntel will delete Your Personal Information in its possession at the time of such request; provided, however, that TrademarkIntel will not be obligated to honor or process requests that are unreasonably repetitive, require disproportionate technical effort, are extremely impractical, jeopardize the privacy of others, or that seek deletion of Personal Information that is publicly available through any source.
Disclosure to Service Providers
As noted above, TrademarkIntel may share Personal Information with third-party service providers such as credit card, billing, fulfillment and delivery companies involved in processing and fulfilling orders for products or services that You place through the Website. Your Personal Information will only be shared with these service providers in connection with and to the extent necessary to process and fulfill Your orders.
Disclosure to Other Third Parties
As noted above, TrademarkIntel may under certain circumstances be required by law, rule, regulation, legal process or request from governmental authority to disclose Your Personal Information. TrademarkIntel will disclose Your Personal Information to the extent it is required to do so by to the foregoing authorities.
In the event that TrademarkIntel (or any interest therein) is sold, transferred, merged or reorganized, Your Personal Information may be disclosed and transferred to the acquiring parties and/or their authorized representatives.
TrademarkIntel does not knowingly collect Personal Information from minors under eighteen (18) years of age. If TrademarkIntel learns that it has collected Personal Information of a minor under the age of 18 it will take reasonable steps to promptly delete such information. You may email TrademarkIntel at firstname.lastname@example.org to request deletion of Personal Information pertaining to a minor.
Links and Third-Party Services
TrademarkIntel has no control over and is not responsible for the data collection, data sharing or privacy policies of any websites or companies other than the Website and TrademarkIntel. Links to or from the Website involving third-party websites do not constitute, represent or imply TrademarkIntel’s sponsorship, endorsement, adoption or approval of any third-party websites’ practices, policies or procedures.
Limited License; Ownership of Intellectual Property Rights
You may use the Website solely for the purposes of browsing, researching for consumer purposes, and purchasing the products and services advertised by TrademarkIntel. Any other use of the Website without the express written consent of TrademarkIntel is expressly prohibited. If you purchase a subscription or single-use license for the TMIntel™ software (or if you use the TMIntel™ software without authorization), your use of the software (accessible through www.search.trademarkintel.com) is governed by TrademarkIntel’s Software License Agreement (the “SLA”).
All text, graphics, logos, images, designs, photographs, code, product listings and other content on the Website (collectively, “Content”), except as otherwise noted in the SLA, is the exclusive property of TrademarkIntel and is protected by United States and international trademark and copyright laws. The compilation of all Content on this site is also the exclusive property of TrademarkIntel and is protected by U.S. and international trademark and copyright laws. Except as provided in the SLA, no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of TrademarkIntel.
TrademarkIntel™, TMIntel™, TMI is a good thing ™ and other names, slogans, graphics, logos, and designs appearing on the Website are trademarks, service marks and/or trade dress of TrademarkIntel. The Company’s trademarks, service marks and trade dress may not be used, in whole or in part, including as part any trademark, service mark, trade dress or domain name, in connection with any product or service in any manner that is likely to cause confusion with the products or services offered by TrademarkIntel, and may not be copied, imitated, or used for any commercial purpose without the express prior written consent of TrademarkIntel. You may not use any metatags or any other “hidden text” incorporating TrademarkIntel’s trademarks without TrademarkIntel’s express, prior written consent.
Account Data and Security; User Email
In order to purchase a subscription or single-use license for the TMIntel™ software, you will be required to establish an account through the Website (an “Account”). You agree to (i) provide accurate, current and complete information about You as may be requested by the Website or TrademarkIntel (“Account Data“) from time to time; (ii) maintain the security of your password and Account for the Website; (iii) maintain and promptly update your Account Data whenever necessary to ensure that it consistently remains accurate, current and complete; and (iv) be fully responsible for all use of Your Account and for any actions that take place using Your Account. You are solely responsible for all activities that occur under or through Your Account.
Without limiting and not subject to the foregoing, You agree, represent and warrant that any and all email addresses You submit to the Website or TrademarkIntel will be Your own personal, active email addresses. By using the Website You agree to comply with TrademarkIntel’s right to institute reasonable means to verify the accuracy and legitimacy of any email addresses that You submit.
Advertisement not an Offer
The Website and all Content promoting and displaying the products and services sold by TrademarkIntel are advertisements only, and do not constitute binding offers of sale. Your order constitutes an offer for purchase, which may be accepted or declined by TrademarkIntel.
TrademarkIntel is not responsible for, and will not be held liable for, the content or practices of any websites that link to the Website, or for which links are provided on the Website. You access all other websites at Your own risk. A link on the Website to another website does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by TrademarkIntel.
DISCLAIMER AND WAIVER OF LIABILITY
TrademarkIntel assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website or any Content. TrademarkIntel is not and will not be responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, providers, mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or any website, or resulting from Your use of (including making purchases through) the Website. TrademarkIntel will not under any circumstances be responsible for any loss or damage occurring as a result of Your voluntary use of the Website.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by TrademarkIntel.
THE WEBSITE AND CONTENT ARE PROVIDED “AS-IS” AND TRADEMARKINTEL DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRADEMARKINTEL DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE AND/OR THE CONTENT ARE FULLY ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE WEBSITE, THE CONTENT OR ANY SERVERS HOSTING ANY OF THE FOREGOING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE THE SAME CAUTION IN THE USING THE WEBSITE THAT YOU SHOULD USE WHEN ACCESSING ANY OTHER WEBSITE, AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES, LOSS OR OTHER HARM OF ANY KIND THAT MAY RESULT THEREFROM.
IN NO EVENT WILL TRADEMARKINTEL OR ITS OWNERS, MANAGERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR CONTENT.
Use by Minors
The Website is not intended for or directed to persons who are minors. Because TrademarkIntel cannot prohibit minors from accessing, viewing, browsing, visiting or using the Website, it relies on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By using the Website, purchasing products or services through the Website, or contacting TrademarkIntel, You represent that You either (i) are legally permitted to enter into a binding contract (i.e. You are not under eighteen (18) years of age [or the age of majority in your jurisdiction, if different]); or, (ii) You have the express permission from Your parent or guardian to use the Website and order products from TrademarkIntel.
Governing Law; Consent to Jurisdiction
All users of the Website are prohibited from uploading, posting or otherwise transmitting on the Website or to TrademarkIntel any materials that violate another party’s intellectual property rights. When TrademarkIntel receives proper, valid notification of alleged copyright infringement pursuant to any applicable law, TrademarkIntel will promptly remove or disable access to the allegedly infringing material as required by and in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 101 et seq. If you believe that any Content on the Website infringes upon any copyright that you own or control, you may send a written notification of such infringement to TrademarkIntel at email@example.com with the subject line, “DMCA Notice”.
Music in video tutorials: Copyright Templates Wise.
Check out the TMIntel™ Trademark Blog for information on trademark clearance, trademark registration, trademark monitoring, and features of the TMIntel™ software.