Terms of Service - Justec Brand Protection

JUSTEC BRAND PROTECTION – TERMS OF SERVICE

Justec Legal Advisory Services LLC. (“the Company”, “we,” “us”, “our”), registered under the laws of Delaware, provides copyright and trademark registration and intellectual property enforcement services through the website published at www.justecbp.com (the “Site”). Justec Brand Protection, in addition to its trademark registration services, offers a subscription service wherein users of the Site will receive online trademark and copyright monitoring, reporting and intellectual property enforcement services (“Services”). These terms of service (“Terms”) governs your access and use (as a registered user or otherwise) of the Site. By accessing or using the Site you accept and agree to be bound by these Terms. These Terms supplement the Privacy Policy, the content of which is incorporated herein as if by specific reference.

JUSTEC BRAND PROTECTION IS NOT A LEGAL SERVICE AND JUSTEC LEGAL ADVISORY SERVICES IS NOT A LAW FIRM. BY ACCEPTING THIS SERVICE YOU ACKNOWLEDGE THAT YOU ARE NOT ENGAGING THE COMPANY FOR THE PURPOSES OF PROVIDING LEGAL SERVICES AND SPECIFICALLY INDEMNIFY THE COMPANY FROM ANY DIRECT OR INDIRECT LOSSES OR DAMAGE FOR WHICH YOU MAY BE LIABLE TO THE FULL EXTENT LEGALLY PERMISSIBLE

1. SCOPE

These Terms apply to any person who accesses or uses the Site (referred to collectively as “Users”, “you”, or “your”).Users may be subject to additional terms and conditions as imposed by the Company, and, the Site.No charge is made for your use of the Site (unless otherwise stated or when purchases are made through the site), although you should be aware that charges for Internet use may apply at rates determined by your provider. The Company reserves the right to change the services, products, and programs mentioned in this Site at any time, at its sole discretion.The Company reserves the right to seek all remedies available by law in equity for any violation of these Terms and any grants not expressly granted herein are reserved by the Company.

2. US-BASED WEBSITE

This site is controlled and operated by the Company from the United States, and, except as expressly set forth herein, is not intended to be subject the Company to the laws or jurisdiction of any state, country or territory other than that of the State of Delaware, USA. The Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the USA. In choosing to access the Site, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations. The Company may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction the Company chooses, at any time and in the Company’s sole and absolute discretion.

3. PURCHASES

The Company charges a monthly fee for Subscriptions (“defined below”) purchased through the Site.

As at the date of these Terms, payment may be made, free of any setoff or deduction in the following methods: debit/credit card, however, third-party payment processing services, such as Stripe may be used. Further payment serviced may be add from time to time without any further notice to you. The User further specifically warrants that User is specifically authorized to use the payment method used to make purchases on the Site and specifically indemnifies the Company against any loss or harm that may be caused by unauthorized use of the payment method.

Purchases are final, and, the User grants the Company the express written consent to deduct payment for any of the Purchases made reference to in this Section 3.

We reserve the right to refuse or cancel your order in the event of fraud, illegal or unauthorized use of any payment method.

4. SUBSCRIPTION

You may choose to subscribe to a subscription plan through the Services as advertised at in the amount, and, for the services described in the Entry, Starter, Pro or Enterprise Package (“Subscription”). The Subscription consists of an initial charge followed by recurring monthly charges as agreed to by you. By entering into this Agreement, you acknowledge that your Subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation.

We will submit periodic charges (e.g., monthly, quarterly, semi-annually, annually) without further authorization from you until you opt-out of auto-renewal or notify us in writing to info@justecbp.com.

The initial payment to the Company for the Services will be withdrawn at the time of checkout. Subsequent payments are automatically scheduled to withdraw on the same day of the month, as the day on which you signed up, which means by way of example, that if you signed up on the 15th your account will be billed on the 15th of every month thereafter, with a monthly plan. The renewal payment schedule may change without prior notice, at the discretion of the Company. We are not able to manually assign charge run dates for individual subscribers.

Canceling or pausing the Subscription only stops future renewal charges, and, the Services shall continue to be provided.

Promotional codes/discounts are only valid on the initial order, not the recurring charges, unless otherwise noted.

Kindly note that any of the Subscription plans can be suspended or canceled at any time However, you will not be eligible for a refund on for the remaining period of any Subscription.

We reserve the right at our absolute discretion not to renew your Subscription at any time without giving any reasons for our decision.

5. LICENSE

Subject to your compliance with these Terms, The Company grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the Site on your personal device solely in connection with your use of the Site; and (ii) access and use any content, information and related materials that may be made available through the Site. Any rights not expressly granted herein are reserved by The Company and The Company’s licensors.

Ownership. The Site, which includes all products and services sold through the Site, excluding commissioned designs, and all rights therein are and shall remain The Company’s property or the property of The Company’s licensors. Neither these Terms nor your use of the Site conveys or grant to you any rights: (i) in or related to the Site except for the limited license granted above; or (ii) to use or reference in any manner The Company’s name “JUSTEC”, “JUSTEC BRAND PROTECTION”, logos, product and service names, trademarks or Site marks or those of The Company’s licensors or any other associated intellectual property.

By posting Content on or through the Services You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

6. RESTRICTED ACTIVITIES

Users shall not under any circumstances:

modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Application;

grant or sell access to a third party to access your User Account, or impersonate or act as another User;

contravene any laws in the use of the Site;

post information that may be deemed fraudulent, libelous, abusive, obscene, profane, sexually-oriented, harassing, or illegal;

discriminate against another User on the basis of race, religion, gender, age, mental or physical disability, sexual orientation, medical condition, nationality or similar basis;

mirror or frame the Site or any portion thereof;

cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, data mining, or unduly burdening or hindering the operation and/or functionality of any portion or aspect of the Site;

remove any copyright, trademark, or other proprietary notice from any portion or aspect of the Site;

reproduce, modify, distribute, license, sub-license, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Site except as expressly permitted by the Company;

use the Site in a way that infringes any third party’s intellectual property rights; and

use any robot, spider, site search/retrieval application, or other manual or automatic or process to retrieve, index, scrape, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

7. LINKS TO THIRD-PARTY WEBSITES AND THIRD-PARTY SERVICES

You may be able to make payments, access websites, content, products, or services provided by third parties through links that are made available on the Site (“Third Party Services”).

You acknowledge that different terms of use, terms of service, and privacy policies may apply to your use of such third-party service and content. The Company does not endorse such third-party service and content and in no event shall it be responsible or liable for any products or services of such providers. These third parties are not parties to these Terms and are not responsible for the provision or support of the Services in any manner, accordingly, and without any limitation to any other provision of these Terms, the Company shall be indemnified and held harmless against any loss or damage occasioned from the use of such services to the full extent of any applicable law.

8. PRIVACY

For information regarding our collection and use of information you provide to us, please refer to the Site’s privacy policy (“Privacy Policy”), located here which shall supplement and be incorporated into these Terms by reference. By entering into these Terms, you agree to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

9. COPYRIGHT POLICY

The Company respects the intellectual property of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

10. DIGITAL MILLENNIUM COPYRIGHT ACT

We comply and act as required in terms of the Digital Millennium Copyright Act (“DMCA”), to valid and compliant DMCA notices. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, the Company will also terminate an Account if the User is determined to be a repeat infringer. To report a copyright violation, our copyright agent can be reached at the following email address: info@justecbp.com.

11. TERMINATION

Your User Account may be restricted, or terminated, without any further notice, on the following bases:

Should the User Account be flagged for any illegal or suspicious activity, by the Company, its duly authorized representative responsible for data security or by any governmental organization; or

Where the Company, in its sole and absolute discretion, determines that there is a material breach of these Terms.

12. GOVERNING LAW

BY AGREEING TO THE TERMS YOU EXPRESSLY AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. THIS WILL EXPRESSLY PRECLUDE YOU FROM BRINGING ANY ACTION AGAINST THE COMPANY, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed pursuant to the laws of the State of Delaware, USA. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to your use or access to the Site or these Terms, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be settled by the exclusive jurisdiction of the courts of the State of Delaware, including the Courts of Chancery, without resort to any conflict of law provisions.

13. DISCLAIMER

THE SITE IS ACCESSED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS TO THE FULL EXTENT PERMITTED BY THE LAW. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY GOODS REQUESTED OR PURCHASED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

14. LIMITATION OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THESITE OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SITE OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

15. WARRANTY

The Company makes no express or implied warranties of merchantability or that the Site or Services are fit for the purpose for which they were designed or any other purpose whatsoever, and this warranty supersedes any prior representations and understandings regarding the Site or Services, including any warranty arising from the course of dealing, course of performance, or usage of trade.

16. SEVERABILITY

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

17. INDEMNITY

You agree to indemnify and hold The Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party.