Hollander Law, P.C. provides a general information website located at http://www.hollanderesq.com (the “Hollander Law website”). These Terms and Conditions constitute an agreement (“Agreement”) between you (“you”, “your”, “user” or “Customer”) and Hollander Law, P.C. for legal services and any related products or services (“Services”).
Any of the following actions constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: (i) your initialization or purchase of our Services, either on the telephone or through the Hollander Law website; or (ii) your use of the Hollander Law website.
1. Use of general information published on Hollander Law is NOT a Substitute for Legal Counsel – The information provided on this website is provided as general information and does not serve as a substitute for legal advice from an attorney.
Your use of the Hollander Law website does not create an attorney-client relationship.
2. Hollander Law Services – You understand that the Hollander Law website provides general information on intellectual property law. Our services and online forms were designed by our attorneys to assist you with your trademark application with the United States Patent and Trademark Office (“USPTO”) or copyright registration with the U.S. Copyright Office.
Hollander Law trademark search and trademark monitoring service includes reports that may be generated using a variety of sources including but not limited to the USPTO, state trademark databases, online databases, domain name databases and a variety of common law databases and publications. The information contained in our trademark search and monitoring reports does not constitute legal advice and is intended for self help information purposes only. Reasonable steps are taken to ensure the accuracy and completeness of a trademark search or trademark monitoring report, however, Hollander Law cannot verify every possible identical or substantially similar mark to the mark that you have requested us to search or monitor. Accordingly, we do not and cannot guarantee that our trademark search report or trademark monitoring report is without errors or omissions.
3. Hollander Law Content – The information on the Hollander Law website is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, content, promotion offers, service descriptions, or other information without obligation to issue any notice of such changes (including after an order has been submitted or acknowledged, except as prohibited by law ). Hollander Law makes every reasonable effort to provide up-to-date, accurate, and legally sufficient information. The legal information on this website is not guaranteed to be correct and is not legal advice. We also cannot guarantee that the legal information on this website is up-to-date since the law changes rapidly and may be subject to various interpretations by different courts and government agencies. THEREFORE, YOU SHOULD CONSULT WITH AN ATTORNEY IF YOU NEED LEGAL ADVICE.
4. Hollander Law Grant of License – Hollander Law grants you a limited, non-exclusive, non-transferable license to access and use the materials contained within this website for your personal, non-commercial use. Any other use of this material is strictly forbidden and is a violation of this Agreement. Furthermore, you expressly agree to use this website at your own risk.
5. Submitting Information to Hollander Law– You agree that you are responsible for submitting accurate information when placing an order with Hollander Law. You also agree that the information you provide to us is exactly as you want it in order to provide you with the requested services. A Hollander Law Attorney will use the information that you provide to complete and submit your USPTO or U.S. Copyright Office form(s) or to conduct a trademark search or trademark monitoring service.
6. Appointment of Hollander Law as Authorized Agent – By using and/or purchasing Hollander Law’s service(s), you appoint Hollander Law to act as your authorized agent for the processing and submitting your trademark or service mark forms to the USPTO and/or copyright application to the U.S. Copyright Office. You also agree that Hollander Law does not assume responsibility or liability for the nature or appropriateness of your trademark or copyright application, other trademark forms or any accompanying materials provided by you.
7. Reminder of Future Filing Requirements – Hollander Law is not responsible for reminding you of any future filing requirements or obligations relating to your trademark or copyright application(s). Hollander Law is solely responsible for preparing your trademark or copyright application(s) or form(s), and if applicable, filing on your behalf, unless otherwise agreed upon.
8. Filing and Recording Fees – Filing and recording fees include all mandatory or applicable U.S. federal government fees and may also include a Hollander Law processing fee that covers our expenses.
9. Trademark Filing Fee: The standard USPTO filing fee for trademarks consists of a $325 TEAS electronic filing fee. The TEAS Plus electronic filing fee for trademarks is $275 and may be used in attempting to save consumers $50.
10. Purchases Made By Your Agent – You agree and understand that if an agent acting on your behalf uses or purchases our services for you or your company, you are bound by all the terms of this agreement herein.
11. Refund Policy – Hollander Law guarantees your satisfaction with our services. In the event that you are dissatisfied with our services, please contact our customer service department immediately. We will use our best efforts to resolve your matter by either correcting the situation or by providing a refund. All refund requests must be made within thirty (30) days of purchase. ANY FUNDS ALREADY APPLIED TOWARD A GOVERNMENT FILING FEE ARE NONREFUNDABLE. Furthermore, you are responsible for submitting the necessary materials needed in preparing and submitting your copyright or trademark application or other forms. Once a copyright or trademark application or other forms have been prepared by us, you will only be entitled to a refund of any government filing fees paid by you BUT not submitted to the appropriate government agency.
12. No Guarantee of Results – Hollander Law makes no guarantees or warrantees and cannot predict the outcome of your copyright or trademark application or forms prepared using Hollander Law services will be satisfactory to the U.S. Copyright Office or USPTO or that a certificate of registration will be issued. The USPTO or U.S. Copyright Office may reject your trademark or copyright application for legal reasons beyond the scope of our services. The issuance of a federal copyright or trademark is based on both subjective and objective factors and is determined on a case-by-case basis. Furthermore, you understand that any errors or omissions in an application may result in rejection or delay of your registration or filing date, or forfeiture of filing fees. Therefore, REFUNDS WILL NOT BE ISSUED DUE TO A REJECTION OF YOUR TRADEMARK OR COPYRIGHT APPLICATION OR OTHER FORMS.
13. General Disclaimer – Information or content provided by the Hollander Law website or Hollander Law representatives is provided “as is” with no warranties either express or implied. By using the Hollander Law website or purchasing our services you assume complete responsibility and risk for your use and your actions following your use.
14. Warranty and Indemnification – You represent and warrant that your use of the Hollander Law website and the information, content and materials contained therein, as well as information or materials received from a Hollander Law representative will at all times comply with applicable laws, rules, regulations and this Agreement. By using the Hollander Law website, you agree to indemnify, hold harmless, and defend Hollander Law, subsidiaries, divisions, affiliates, officers, directors, employees, successors, agents, contractors, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Hollander Law website; (ii) a dispute with us; (iii) your breach of the Terms of Service and Use; or (iv) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Hollander Law reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding Hollander Law harmless.
15. Revision of Terms of Service and Use – These Terms of Service and Use, Hollander Law services as provided on the Hollander Law website or by a Hollander Law representative or employee may be revised or changed at any time. Any such revision or change will be binding and effective immediately upon posting any revision or change to the Terms of Service and Use or to service(s) provided on this website. You understand that it is your responsibility and you agree to review our website periodically to be aware of any such revisions.
16. Termination of This Agreement – You understand and agree that we may terminate this Agreement and your license to use the Hollander Law website and our services for any reason and at any time upon notice. Hollander Law and its employees have sole discretion to refuse to provide services to you and is not liable to you for damages or loss that may result from our refusal to provide you services.
17. Severability – If any portion of this agreement is found to be unenforceable or void by a court of law, then the provision that is found to be void or unenforceable shall be deemed severable from the remaining provisions of this Agreement. Furthermore, severability shall not affect the validity or enforceability of the remaining provisions of this Agreement.
18. Choice of Law and Forum – These Terms of Service and Use and any dispute of any sort that might arise between you and Hollander Law, or its subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the State of New York. Any action brought to enforce this Agreement or matters related to the Hollander Law website will be brought in either the state or federal courts of New York, New York; provided, however, that notwithstanding anything contained in these Terms of Service and Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against Hollander Law, or its subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms of Service and Use. Any claim or cause of action you have with respect to use of the Hollander Law website must be commenced within one (1) year after the claim arises.
19. These terms of Service and Use constitute the entire agreement between you and Hollander Law regarding the access, purchase of services and use of the Hollander Law website.
20. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND USE HEREIN, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE. BY USING THE COMPANY’S SERVICES OR ACCESSING THE COMPANY’S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.