*You will be granted immediate access to Modules 1-3*
Modules 4-7 all include screen shares of the USPTO filing system which has just been completely removed and revamped.
Module 4 currently has the application process for the old system - videos for the NEW system will be uploaded to replace the current videos by 2/8/25.
*The video in Module 5 currently does not include screen shares so that is up, the ones that do, along with Module 6 + 7 will be added by 2/8/25.
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The DIY Trademark Course
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This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding agreement between you (“you” “your” “customer” “client” “user” or “users”) and Your Legal Era LLC (“us” “we” “our” “Owner” “Company” also f/k/a Kelli J LLC). Your Legal Era LLC IS NOT A LAW FIRM. This Agreement sets forth the terms and conditions for your use of the product (“Product”). This Agreement is between you and the Owner only, and not with any other person or entity. The Owner is solely responsible for the services, content and materials provided through the Product. You acknowledge and agree to be bound by the terms of this Agreement.
This Agreement shall become effective between you and the Owner by clicking “Complete Order” “Purchase” or any other phrase on the purchase button, entering your credit card information or other billing method (either in full or partial payment) and may only be terminated for the reasons set forth below.
Please read these terms and conditions carefully before purchasing and accessing the product. We reserve the right to change, update or modify these terms and conditions by posting updates to the platform where the product is accessed, website, or via email. It is your responsibility to periodically review the terms and conditions and check for updates. Your continued use of the product constitutes acceptance of these terms, including any changes.
DISCLAIMER AND LIMITATION OF LIABILITY
This product was created by Kellianne Jones, Esq., a lawyer licensed in New York and Tennessee, but no attorney-client relationship is formed between you and Kellianne Jones, Esq., and Your Legal Era LLC is NOT a law firm. Kelli Jones, Esq. is a licensed attorney, but the purchase of this product is not the purchase of her legal services. Accordingly, your purchase and/or use of this product does not guarantee any results and is not to be relied on as legal advice, but only as educational information. Any claims regarding success rates of trademark applications, refusals, or other application data is based on overall data found in research conducted and not a promise or guarantee that the same results will be achieved from using this product, as your results are based on your use of the product, implementation, and individual brand.
Nothing in this Agreement shall be construed as a promise or guarantee from using the Product. The Owner makes no such promises or guarantees. By purchasing the Product, you acknowledge and agree to accept any and all risk associated with and arising out of your use of the Product, whether foreseeable or unforeseeable. You agree that the Owner will not be liable for any damages resulting from any delay or denial in the use of the Product, any errors or system failures in the use of the Product, any other failure of performance of any kind, or any use or misuse of the Product and is at your own risk. In no event shall the Owner be liable for any indirect, direct, special, punitive, exemplary, or consequential damages arising out of your use of the Product. If no exclusion or limitation of liability is allowed, our liability is limited to the fullest extent permitted by law, and in no event shall our cumulative liability to you exceed the purchase price of the Product, and if no purchase has been made, in no event shall exceed $100.00 USD.
PRODUCT ACCESS
This Product may be transmitted by the Owner through a third-party platform. The Owner reserves the right to substitute service at any time, provided that it is of a comparable nature and value and it is reasonable for the Owner to do so as determined by the Owner. Access is presently available to the Product through Thrivecart. The Owner is not liable for any limitation of access to the Product caused by a third-party platform. Access is granted in accordance with the terms of this Agreement to user for lifetime access, to mean the life of the product as it is available by Your Legal Era LLC, or to the extent that the third-party platform remains in use. Accessing this product may require the creation of a username and password on the third-party platform, as well as providing additional personal information, including your name, address, email address, and other information. You agree to keep any information up to date, to not share this information with third parties, to use the correct information, and to use it only for the purposes intended. If your account becomes compromised at any time, you agree to contact us immediately and change your password.
INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS
The Product contains intellectual property that belongs to the Owner as well as third parties. All rights reserved. Purchase of the Product grants to you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual educational purposes intended. This does not grant you a license to sell, rent, copy, share or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non-commercial use. Any content from the Product may not be reproduced, republished, uploaded, posted, transmitted, distributed or publicly displayed in any manner without written permission from the Owner.
Any violation by you of the license provisions contained herein may result in immediate termination of your license to use the Product, and your access to use will be revoked. Violating this license may result in charges to you from the Owner for the license you sold, shared or otherwise transmitted. We reserve the right, title and interest not expressly granted under this license to the fullest extent permitted under applicable laws.
You acknowledge that the intellectual property contained in the Product is the property of the Owner and may be protected by applicable copyright and other intellectual property laws and subject to use restriction under those laws. The Product may contain trademarks, service marks, graphics and logos that are the property of the Owner or third parties. Your purchase does not grant you license to use such.
You acknowledge and agree that if there is any intellectual property in the Product that is from a third-party, your use of the Product does not give you ownership rights or license to use such.
PAYMENT POLICY
You agree and authorize the Owner to charge your designated payment type (credit card or other billing method) for the full purchase price of the Product.
If you choose a payment plan, you agree to pay in accordance with the payment schedule specified in the option you choose at checkout, and authorize the Owner to charge your billing method the amount specified in the payment schedule for each scheduled payment without additional separate authorization.
If payments fail for any reason (updated credit card is needed, payment information update is required, credit card expired, etc), you agree to resolve it immediately, within 5 business days. If your billing method is not updated or fixed within 5 business days, access to the Product will be permanently revoked.
You agree to not make any chargebacks to the Owner’s account or cancel your credit card or billing method used without prior written consent of the Owner. In the event a chargeback or merchant dispute is commenced by you with your financial institution for the services received under which payment was owed and you are successful in recovering these funds, the Owner will provide this contract to the financial institution as well as evidence of your receipt of services.
You agree to pay for any fees associated with the Owner having to recover payments, including but not limited to, collection fees and attorneys’ fees. The Owner reserves the right to report any chargeback incident to credit reporting agencies as a delinquent account.
REFUND POLICY
Due to the digital nature of the Product and immediate access to all materials granted at the time of purchase (or for pre-sale purchases, on the date specified at purchase), the Owner does not offer refunds under any circumstances.
CONFIDENTIALITY
“Confidential information” shall mean proprietary information about the Owner, including but not limited to information relating to the Owner’s services, business and operations, including but not limited to business plans, sources, strategies, trade secrets, procedures, marketing, sales, data, all other non-public information, and know-how or other intellectual property that may be communicated to you in any manner. All confidential information disclosed to you shall remain the property of the Owner without prior written consent. You agree not to disclose or use any confidential information in any manner other than what is permitted under this agreement for the use of the services, or as required by law. Confidential information does not include information that is already known to the public through no fault of yours or through no breach of confidentiality, received from a third party that had the right to disclose such information, or was already in your possession prior to the disclosure. You shall take reasonable steps to safeguard confidential information and to protect the accidental or unlawful disclosure of the Owner’s information.
Unauthorized use or disclosure of confidential information by you in violation of this agreement is a breach of this agreement, which may result in irreparable harm to the Owner and may be subject to legal action to (1) prevent any further breach of the agreement and (2) any other remedies available in law or equity.
The terms of this section of the agreement shall survive the termination of this agreement.
PROHIBITED USE
You acknowledge that the Product is to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. The Owner reserves the right to terminate your access to the Product without notice if your use has not been in accordance with the terms of this Agreement. This includes transmission of any viruses, worms or other destructive codes.
The Product is intended solely for users who are eighteen (18) years of age or older. Your purchase and use of this product is your representation that you are at least 18 years of age.
INDEMNIFICATION
You acknowledge and agree to indemnify and hold harmless the Owner, including costs and attorneys’ fees, from any reasonable claim or demand made against you due to arising out of your use of the Product or your violation of this Agreement; any infringement of third party rights by you arising out of your use of the Product, such as any intellectual property or other rights of any person or entity arising out of or related to any products or services purchased by you in connection with the Product or offered by a third party through the Product.
ATTORNEY’S FEES
Any legal fees incurred due to the enforcement of this agreement by the Owner, if prevailing, shall be entitled to recover its reasonable attorney’s fees and costs from you. This includes collection fees and costs incurred by the Owner in collecting payment of any amount due under this agreement.
SEVERABILITY
If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.
NO WARRANTY
The Product is provided “as is” and without any warranty of any kind, express or implied. The Owner does not warrant or represent that the Product to always be complete, free from errors or omissions, accurate, or up-to-date at all times.
FORCE MAJEURE
The Owner shall not be liable for any failure or delay in performance of any obligation under this agreement, if the failure or delay in performance is due to any cause beyond our reasonable control, including, but not limited to electronic or communication failures, electrical outages, network failures, pandemics, floods, acts of God, or other similar or different occurrences beyond the reasonable control the Owner. Force majeure events shall not include a party’s financial inability to perform its obligations under this agreement.
WAIVER
You acknowledge and agree that the failure of the Owner to enforce any provision of this Agreement shall not be deemed a waiver of the Owner’s rights under this Agreement to subsequently enforce any provision of this Agreement.
NON-DISPARAGEMENT
services that negatively affect the Owner’s business, services, products, or reputation. Notwithstanding the foregoing, nothing in this agreement shall preclude you from making truthful statements that are either required by applicable law, regulation or legal process; or for the purpose of communicating a review of the Owner’s goods and/or services.
GOVERNING LAW
This Agreement is governed by the laws of the State of New York. By purchasing our products/services, you agree that any and all disputes arising out of or in connection with this Agreement shall be brought exclusively in New York, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.
HEADINGS
The headings used in this agreement are for convenience and reference purposes only and shall not affect the construction or interpretation of this agreement.
ENTIRE AGREEMENT
You acknowledge and agree that this Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
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