These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Trusialmachunquabey (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://service@trusialmachunquabey.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use any information obtained from the Site in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct. Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. Use a buying agent or purchasing agent to make purchases on the Site. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
8. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
9. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
11. GOVERNING LAW
These Terms shall be governed by and defined following the laws of The United States Federal Arbitration Act, applicable United States federal law, and the laws of the state of Pennsylvania, USA, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Mission, LLC relating to this Agreement. Mission LLC and yourself irrevocably consent that the courts of the American Arbitration Association shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
12. DISPUTE RESOLUTION
Binding Arbitration
full explanation of the Commercial Arbitration Rules can be found at www.adr.org
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us, Mission, LLC (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial.
You and we each agree to a Waiver of Immunity Under the Limited License Agreement Documents to which it is a party, the a Licensee has agreed that, to the extent that it may claim for itself or its assets or revenues immunity from jurisdiction, enforcement, prejudgment proceedings, injunctions and any other legal or arbitral proceedings and relief and to the extent that such immunity (whether or not claimed) may be attributed to it or any of its assets or revenues, it will not claim and has irrevocably and unconditionally waived such immunity in relation to any Proceedings or Disputes.
Further, the LICENSEE has irrevocably and unconditionally consented to the giving of any relief or the issue of any process, including, without limitation, jurisdiction, enforcement, prejudgment proceedings and injunctions in connection with any Proceedings or Disputes.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Parties agree that the recognition of the irreparable harm can result from a breach of these Terms and Conditions regarding any intellectual property rights of Mission™️, Mission LLC, or its licensor. All parties agree and consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts in Allegheny County, Pennsylvania. You or we may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies. All parties agree to litigate in court to compel arbitration, obtain injunctive relief, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Parties agree that no arbitration shall be joined with any other proceeding not specifically agreed upon by the parties and written in this arbitration agreement.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Allegheny County, Pennsylvania.
The United States Federal Arbitration Act, federal common law and federal arbitration law apply to this Agreement. There is no Judge or jury in arbitration, and court review of an arbitration award is limited.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Mission LLC, P.O. Box 23443, Allegheny County, Pennsylvania USA.The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879 (in the United States). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The Arbitration shall be heard by a panel of three arbitrators. Within ten (10) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by AAA. The arbitrator(s) shall have expertise in the subject matter being considered. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The Arbitration shall be conducted, and the Award decided based on the submission of Documents with no in-person, no oral hearing and no oral testimony given. The Parties agree to keep confidential the proceedings, participants, documents and Evidence and Award of, the arbitration, except as necessary to conduct the arbitration Or in connection with any court application, related to the arbitration or as otherwise Required by law. Discovery will be limited to a timely exchange within ten (10) days of request of no more Than 500 pages total. Arbitration Language will be English.
The arbitrators shall be entitled to issue injunctive and other equitable relief Preliminary Injunctive Relief within fifteen (15) days of breach to prevent the continuance of breach and will be entitled to equity in the form of Emergency Measures of Protection. The arbitrators can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
The arbitrator(s) shall have authority to award special damages.
The arbitrator(s) shall award interest from the time of the breach to the time of award At the specified rate of prejudgment interest. Prevailing Parties are entitled to recover the costs of the Arbitration including AAA Administrative cost, Arbitrator compensation, expenses and Attorney’s Fees as determined by the Arbitrator(s).
The Arbitrator(s) are limited to awarding an amount submitted prior to the Commencement of the hearings, contained in a sealed envelope by each of the Parties.
It is the intent of the parties that, barring extraordinary circumstances, arbitration Proceedings will be concluded within sixty (60) days from the date the arbitrator(s) are Appointed. The arbitrators may extend this time limit in the interests of justice. Failure To adhere to this time limit shall not constitute a basis for challenging the award.
To ensure that the spirit and intent of the parties to this Agreement with respect to its Objective of efficiently disposing and resolving disputes, the Arbitration Process and Proceedings will transpire within thirty (30) days of filing and awards rendered within Sixty (60) days total to be reckoned from the date the complaint or individual position Papers of the parties are duly submitted.
Notwithstanding any language to the contrary in the Terms of Use, the parties hereby agree: That the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal has expired, pursuant to the Appellate Rules. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined in Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than 1 year after the cause of action arose.
To the full extent permitted by law, (a) all parties hereby agree and consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts in Allegheny County, Pennsylvania to litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator but no arbitration shall be joined with any other proceeding not mention specifically by this arbitration agreement; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Other Legal provisions. This Agreement may not be amended, except in writing signed by both parties or as provided in section above. If any provision of this agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The parties to this agreement are independent contractors. Each party will bear its own costs and expenses in performing this Agreement. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party’s rights to subsequently enforce the provision. Any Mission, LLC affiliate may join as a party to this Agreement and will notify you if it does. The joining Mission, LLC affiliate will be entitled to exercise the rights you grant under this Agreement. Each Mission, LLC party is severally liable for its own obligations under this Agreement and is not jointly liable for the obligations of other Mission, LLC parties. Neither party may assign any of its rights or obligations under this agreement, whether by operation of law or otherwise, without the prior written consent of the other, except that (a) Mission, LLC may assign any of its rights and obligations under this Agreement without consent and (b) you may assign all of your rights and obligations under this Agreement to any corporation or other entity without consent in connection with the sale of all or substantially all of your assets, but you must give Mission, LLC written notice of the assignment no later than ten (10) business days following the assignment. Subject to the foregoing limitation, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not confer upon any other person other than the parties any rights or remedies.
You consent to the use of electronic means to complete this Agreement and to provide you with any notices we give you in relation to this Agreement. To be effective, any notice given by a party under this Agreement must be in writing and delivered (i) if by an Mission, LLC party, via email, via a posting on the Program website or via a message through your Program account, or (ii) if by you to Mission, LLC via email to service@marcanthonyjohnsonjr.org with a copy to contracts. Notices will be effective and deemed received on the date transmitted or posted.
13. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
14. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.THE SERVICES ARE MEANT TO BE USED FOR ENTERTAINMENT PURPOSES ONLY. IF YOU ARE NOT A LEGAL PROFESSIONAL, WE ENCOURAGE YOU TO ENGAGE A LEGAL COUNSEL TO INTERPRET AND INVESTIGATE THE SEARCH RESULTS AND OTHER INFORMATION PROVIDED TO YOU BY US IN CONNECTION WITH THE SERVICE. YOU UNDERSTAND AND AGREE THAT THE RESULTS OF SEARCHES CONDUCTED BY MISSION ™️ DO NOT CONSTITUTE A LEGAL OPINION OR ADVICE OF ANY KIND OR NATURE AS TO ANY ASPECT OF THE TRADEMARK. IF YOU DESIRE A LEGAL OPINION OR ADVICE AS TO THE REGISTRABILITY OF ANY TRADEMARK OR THE VALIDITY OR ENFORCEABILITY OF ANY TRADEMARK, YOU ARE INVITED TO OBTAIN LEGAL COUNSEL FOR THIS PURPOSE. MISSION ™️ ’S TRADEMARK SEARCHES ARE BASED SOLELY ON PUBLIC INFORMATION MADE AVAILABLE E.G. BY THE UNITED STATES PATENT AND TRADEMARK OFFICE (“USPTO”), EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE (“EUIPO”) AND BY CERTAIN PROPRIETARY DATABASE PROVIDERS, AND OTHERS, UP TO AND INCLUDING THE DATE OF THE TRADEMARK SEARCH AND ASSUME THE PROPER RECORDATION AND INDEXING OF ALL SUCH INFORMATION. RELEVANT TRADEMARK INFORMATION FILED WITH THE TRADEMARK GRANTING AUTHORITIES BUT NOT YET MADE AVAILABLE FOR PUBLIC SCRUTINY, OR INFORMATION WHICH HAS NOT BEEN PROPERLY RECORDED OR INDEXED, OR INFORMATION WHICH IS MISSING OR MISINTERPRETED FOR ANY REASON WHATSOEVER (INCLUDING BUT NOT LIMITED TO DATA MISSING OR MISINTERPRETED DUE TO ANY TECHNICAL OR HUMAN ERROR) MAY NOT BE TAKEN INTO ACCOUNT FOR PURPOSES OF THE TRADEMARK SEARCHES AND MISSION ™️ ASSUMES NO RESPONSIBILITY FOR DISCOVERING OR DISCLOSING OF SUCH INFORMATION AS PART OF ANY TRADEMARK SEARCH OR FOR ACCURACY OR CORRECTNESS OF ANY INFORMATION.
YOU AGREE THAT MISSION ™️ HAS NO LIABILITY OF ANY KIND OR NATURE FOR FAILING TO PROVIDE YOU WITH ANY INFORMATION, INCLUDING BUT NOT LIMITED TO: (I) INFORMATION SUBMITTED TO THE USPTO, EUIPO AND/OR ANY OTHER TRADEMARK GRANTING AUTHORITY, BUT NOT YET AVAILABLE TO THE PUBLIC, (II) INFORMATION SUBMITTED TO THE USPTO, EUIPO, AND/OR ANY TRADEMARK GRANTING AUTHORITY NOT PROPERLY INDEXED OR RECORDED, OR (III) TRADEMARK INFORMATION DISCLOSED BY THE USPTO, EUIPO AND/OR ANY TRADEMARK GRANTING AUTHORITY AFTER THE DATE STATED ON THE TRADEMARK SEARCH.
ANY ASSESSMENTS MADE BY OUR SYSTEM RELATING TO THE PRIOR RIGHTS CITED IN A TRADEMARK SEARCH REPORT ARE BASED UPON THE SYSTEM’S INTERPRETATION OF THE INFORMATION YOU PROVIDED IN YOUR DISCLOSURE TO US. OUR SYSTEM DOES NOT PRACTICE LAW; THEREFORE, YOU ARE ENCOURAGED TO ENGAGE LEGAL COUNSEL TO ASSESS THE DOCUMENTS WE PROVIDE TO YOU.
THE SERVICES MAY INCLUDE THE OPTION TO SUBMIT REQUEST FOR LEGAL SERVICES FROM AN INDEPENDENT LEGAL PROFESSIONAL. YOU UNDERSTAND AND AGREE THAT, IF REQUESTED BY YOU, MISSION ™️ MAY ASSIGN ON YOUR BEHALF YOUR REQUEST FOR LEGAL SERVICES TO AN INDEPENDENT LEGAL PROFESSIONAL OR AGENT (“INDEPENDENT LEGAL PROFESSIONAL”) TO PERFORM TRADEMARK SEARCH AND PROSECUTION, (E.G. OPPOSITION, FILING AND RENEWAL) SERVICES. MISSION ™️ WILL REQUIRE SUCH INDEPENDENT LEGAL PROFESSIONAL TO SIGN A CONFIDENTIALITY AGREEMENT WHICH WILL, AMONG OTHER THINGS, PROHIBIT THE UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION AND TRADE SECRETS. MISSION ™️ , AND ITS OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION AND TRADE SECRETS BY INDEPENDENT LEGAL PROFESSIONAL, AND YOU HEREBY WAIVE ANY SUCH CLAIM, DEMAND, OR CAUSE OF ACTION AGAINST MISSION ™️ , ITS OFFICERS AND DIRECTORS. IN ADDITION, YOU UNDERSTAND AND ACKNOWLEDGE THAT MISSION ™️ ’S ROLE IS ONLY TO REFER YOUR REQUEST FOR LEGAL SERVICES TO THE INDEPENDENT LEGAL PROFESSIONAL, AND THAT ANY LEGAL OPINION, ADVISORY OR SERVICE OBTAINED BY YOU IS GIVEN BY INDEPENDENT LEGAL PROFESSIONAL AND IN NO EVENT BY MISSION ™️ . MISSION ™️ TAKES NO RESPONSIBILITY FOR CORRECTNESS, ACCURACY OR QUALITY OF ANY LEGAL ADVICE, SERVICE OR OPINIONS OBTAINED BY YOU FROM ANY INDEPENDENT LEGAL PROFESSIONAL.
ALL TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO FEES AND COSTS RELATED TO LEGAL SERVICES REQUESTED BY YOU ARE FURTHER TO BE AGREED BETWEEN YOU AND THE INDEPENDENT LEGAL PROFESSIONAL.
ANY DISPUTE ARISING IN CONNECTION WITH PROVISION OF THE LEGAL SERVICES BY INDEPENDENT LEGAL PROFESSIONAL, ARE MATTERS TO BE SETTLED BETWEEN YOU AND INDEPENDENT LEGAL PROFESSIONAL.
YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE DONATION OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.