Terms & Conditions
If using the Morgan Business Solutions website (the “Website”), you agree to these terms and conditions as an agreement by and between you and Morgan Business Solutions, LLC (referred to as “we”, “us” or “our”). This Agreement also incorporates our Privacy Policy as if set forth at length herein. If you do not wish to agree to these terms, please refrain from using the Website.
THIS AGREEMENT, BELOW, CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.
Conditions to Use our Website
Your permission to use the Website is conditioned upon your agreement that you:
• will comply with these Terms of Use;
• are 18 years of age or older and can enter into a contract;
• will not use the Website in a manner that violates the laws of the United States, including, but not limited to, its export and re-export laws.
• will not copy or distribute any part of the Website in any manner without our prior written consent;
• will provide accurate information when creating an account, submitting content or registering for our Website;
Search Services
If you use our search services, we use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We, however, cannot make any guarantees, all decisions are made are at the USPTO’s discretion. There may be a number of reasons the USPTO rejects your mark and there are circumstances where a search may not identify a mark the USPTO identifies as a reason to reject your mark. Morgan Business Solutions guarantees it will use its best efforts in researching, completing, and delivering the report. However, due to the subjective nature of trademark law it is possible, albeit extremely rare, that a U.S. Trademark Search may not generally identify a potential basis for the refusal of your trademark.
Likewise, when your order covers common law mark searches, we use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We, however, cannot guarantee that your mark will be free of or prevail to all claims or challenges made by holders of common law rights to all marks. There are circumstances where a search may not identify a common law mark that may be similar to your mark.
The search entails a federal, state and common law search reviews the USPTO database, the databases of all 50 states, and a business registry. It is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design.
Standard and Premium Package
Standard and Premium Registration Package
Upon submission of a Standard or Premium Package we will perform our Federal, State and Common Law Search under the terms of that package for the trademark submitted.
You agree that if our Search identifies a trademark that we believe presents a material risk to registration of your trademark, you may request cancellation of the Standard or Premium Package before the application is filed with the U.S. Patent and Trademark Office. In that event, we will refund the amount paid, less the applicable search fee and a 10% cancellation fee.
All other cancellation and refund requests are governed exclusively by the Refund Policy set forth below.
You hereby consent to Morgan Business Solutions using your provided email address to receive electronic correspondence from the U.S. Patent and Trademark Office concerning the status of your application. For any registration which results from the submission of the application you acknowledge that the U.S. Patent and Trademark Office will mail the same directly to you or the official correspondence record for the application you provide to Morgan Business Solutions.
Unless otherwise stated at the time of purchase, the Standard and Premium Registration Packages include one international class of goods or services. Additional classes are subject to additional legal fees and applicable U.S. Patent and Trademark Office filing fees.
Purchase of our Standard or Premium Package does not guarantee that your trademark will be registered with the U.S. Patent and Trademark Office. The Standard and Premium Registration Packages do not include responses to substantive Office Actions or refusals. Any substantive Office Action response is a separate legal service and may require an additional fee. The packages include only minor correspondence and non-substantive Office Action responses as expressly provided with the purchased package. Further, it makes no warranties that your use of the trademark is authorized by law or cannot be challenged by potential third parties known or unknown.
New Services/Features
From time to time, we may offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Office Action Promotional Offer
Any money-back guarantee or other promotional offer relating to our Office Action response services applies only to trademark applications specifically identified by Morgan Business Solutions as eligible for that offer and for which we directly contacted the applicant or owner regarding the offer.
Our Office Action submission form may also be used by other clients for convenience because it collects the information necessary for us to evaluate and respond to an Office Action. Use or submission of that form does not, by itself, make a client or trademark application eligible for any money-back guarantee, promotional pricing, or other promotional terms.
If you retain Morgan Business Solutions to handle an Office Action for a trademark application that was not specifically identified by us as eligible for the promotional offer, our standard terms apply and no money-back guarantee is provided, even if you submit your information through the same Office Action form or webpage used for the promotional offer.
Disclaimers of Warranty and Limitations of Liability
We provide the Website and the related services "as is", “whereis”, and "as available." We make no express and/or implied warranties or guarantees about the Website, the goods and services described thereon or the Advertisers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity
You agree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.
Governing Law and Mandatory Arbitration
This Agreement, the Website, the attorney-client relationship, and any services provided by Morgan Business Solutions, LLC shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent federal law applies.
For purposes of this Section, a “Dispute” means any dispute, claim, or controversy between you and Morgan Business Solutions, LLC, or any of its members, attorneys, employees, contractors, representatives, agents, affiliates, successors, or assigns, arising out of or relating in any way to this Agreement, the Website, any legal or other services provided or offered by Morgan Business Solutions, LLC, the attorney-client relationship, fees or charges, or any other aspect of your relationship with Morgan Business Solutions, LLC. This includes, without limitation, claims based on contract, statute, regulation, consumer-protection law, tort, negligence, professional negligence or legal malpractice, breach of fiduciary duty, fraud, misrepresentation, or any other legal or equitable theory.
Mandatory Binding Arbitration
Except as expressly provided below or where prohibited by applicable law, any Dispute shall be finally and exclusively resolved through binding individual arbitration administered by the American Arbitration Association (“AAA”) pursuant to its applicable rules. This arbitration agreement involves interstate commerce and shall be governed by and enforced under the Federal Arbitration Act.
Arbitration shall take place in Dallas County, Texas, unless Morgan Business Solutions and the claimant agree in writing to another location or applicable law requires otherwise. The arbitrator shall have authority to award any relief that would otherwise be available under applicable law.
Except where applicable law requires a court to decide the issue, the arbitrator shall have exclusive authority to determine all issues concerning the interpretation, applicability, enforceability, formation, scope, or validity of this arbitration agreement, including any contention that all or any portion of this arbitration agreement is void or voidable.
Individual Proceedings Only; No Class Actions
All Disputes must be brought and resolved on an individual basis. To the fullest extent permitted by law, neither party may bring or participate in any class action, collective action, representative action, private attorney general action, consolidated proceeding, or arbitration involving claims of more than one person or entity. Claims of separate individuals or entities may not be joined or consolidated without the written consent of all parties.
Waiver of Jury Trial
By accepting these Terms, you and Morgan Business Solutions knowingly waive the right to have any Dispute covered by this provision decided by a judge or jury in court. Arbitration replaces the right to a court or jury trial for covered Disputes.
Arbitration Disclosure
Arbitration differs from litigation in court. Among other differences, arbitration may provide for more limited discovery, may apply evidentiary and procedural rules differently from a court, and generally provides substantially more limited rights to judicial review or appeal. Arbitration may be faster and less expensive than litigation, proceedings may be private rather than public, and the parties may be responsible for arbitration fees and costs in accordance with the applicable AAA rules and applicable law. Arbitrators are selected pursuant to the applicable AAA rules.
By accepting these Terms, you acknowledge that you have been informed of these material differences and agree to resolve covered Disputes through binding arbitration.
Costs and Fees
Arbitration fees and costs shall be allocated pursuant to the applicable AAA rules and applicable law. Nothing in this Agreement requires a client to bear fees or costs that applicable law prohibits Morgan Business Solutions from imposing upon the client.
Court Proceedings and Venue
If a Dispute or claim is determined not to be subject to arbitration, or if court proceedings are necessary to enforce an arbitration agreement or arbitration award, the parties irrevocably consent, to the fullest extent permitted by law, to the exclusive jurisdiction and venue of the state courts located in Dallas County, Texas and the federal courts having jurisdiction over Dallas County, Texas.
Finality
An arbitration award shall be final and binding on the parties, subject only to the limited review permitted by the Federal Arbitration Act or other applicable law. Judgment upon an arbitration award may be entered in any court having jurisdiction.
Regulatory and Disciplinary Matters
Nothing in this Agreement prevents a client from filing a complaint or grievance with an attorney disciplinary authority, governmental agency, or other regulatory body where the right to do so cannot lawfully be waived.
Severability
If any portion of this arbitration provision is determined to be invalid or unenforceable, that portion shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect, except where applicable law requires otherwise.
Entire Agreement
This Agreement, including the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
Modifications to the Agreement
We reserve the right at all times to discontinue or modify any of these terms and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. We may, but are not necessarily obligated to notify you via email of any substantial changes, by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Website. Any changes to this Agreement will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Website. We suggest you, therefore, re-read this section of our Website from time to time to stay informed of any such changes. Use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.
Refund Policy
Morgan Business Solutions strives to provide trademark services in a professional, courteous, and efficient manner. Refunds are available only as expressly provided in these Terms and are subject to the limitations below. Nothing in this general Refund Policy creates a money-back guarantee based on satisfaction, the outcome of a matter, or a decision by the U.S. Patent and Trademark Office.
Any separate money-back guarantee or promotional refund offer applies only where Morgan Business Solutions has expressly identified the specific service or trademark application as eligible for that offer. Time spent on the Standard and Premium services will be billed at $300 an hour. A 10% cancellation fee will be charged for all refunds. (Example: If client wants 2 Premium Service packages at each, and Morgan Business Solutions subsequently spends two hours on legal research and administrative work of the application, then client decides they no longer want a trademark, Morgan Business Solutions will be entitled to 2 hours of work at $300 per hour + the 10% cancellation fee.
Please note only Morgan Business Solution fees are refundable before the filing of an application; all government fees involved in your filing services are non-refundable once filed. The USPTO may experience delays or deny your application without any fault of the Morgan Business Solutions. These issues are out of our control and will not be the basis for a refund.
If you decide that you want a refund, all such requests must be submitted within 30 days of purchase but before the filing has been submitted. However, if you choose, you may request to receive a credit for future Morgan Business Solutions purchases/payments instead of a refund.
Miscellaneous
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.