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Trademark Management and Brand Management Terms and Conditions

Subscriber agrees and acknowledges the following "Terms and Conditions" which apply to Subscriber ("Subscriber "or "You") for each use of any services available through the Trademark Management and Brand Management portions of the MarkMonitor website (" ):

1. MarkMonitor Services.
A. Brand Management. The brand protection services accessible through the Brand Management portion of the MarkMonitor website (the "Brand Services") are available to Subscriber on a subscription basis for the number of brands requested by Subscriber upon the commencement of such services. The number of brands may be increased by Subscriber from time to time during the term of this Agreement with MarkMonitor's approval.
B. Trademark Management. The trademark portfolio management services accessible through the Trademark Management portion of the MarkMonitor website ("Trademark Services") are available to Subscriber on a subscription basis. Upon commencing a subscription for Trademark Services, MarkMonitor will assign three logins and passwords to Subscriber. The number of logins and passwords may be increased by Subscriber from time to time during the term of this Agreement with MarkMonitor's approval.

2. Access to MarkMonitor Services. Subscriber will use login and password information assigned by MarkMonitor to access the MarkMonitor Services. Only Subscriber's authorized partners or employees may access and use the MarkMonitor Services. Subscriber shall be liable to MarkMonitor for the unauthorized use, misuse or abuse of any identification numbers assigned to Subscriber. Identification numbers are non-transferable and shall not be shared.
3. Pricing. Upon subscribing for any of the MarkMonitor Services, Subscriber agrees to pay MarkMonitor the annual subscription fees and set up fees, if applicable, described in MarkMonitor's standard price list, or otherwise described in any written agreement between Subscriber and MarkMonitor (the "Fees"). You agree and understand that MarkMonitor may, at any time, without liability, modify or change in any manner the MarkMonitor Services and its pricing structure related thereto. Subscriber is responsible for all charges incurred while using Subscriber's account. Pricing for Brand Management Services depends upon the number of brands covered under Subscriber's account. In the event you desire to increase the number of brands under your subscription for Brand Management Services, you agree to pay MarkMonitor Fees associated with such increase. Pricing for Trademark Management Services depends upon the number of logins covered under Subscriber's account. In the event you desire to increase the number of logins under your subscription for Trademark Management Services, you agree to pay MarkMonitor Fees associated with such increase.
4. Payment. Subscriber agrees to pay for the MarkMonitor Services by means of any payment method acceptable to MarkMonitor. MarkMonitor shall invoice Subscriber in the total annual amount of the Fees upon commencement of the MarkMonitor Services. Payment of invoice is due within 10 days of date of invoice. Late charges of 2% will apply to amounts not received by MarkMonitor by the due date. All Services are non-refundable.
5. Term. The term of each subscription of MarkMonitor Services is one year. Each subscription automatically renews for additional terms of one year each unless either party provides the other party with written notice of termination at least thirty (30) days prior to the end of the then current term of its intent not to renew any of the MarkMonitor Services.
6. Copyright/Trademark/Service Mark. The information available through MarkMonitor Services is the exclusive property of MarkMonitor and is protected by copyright, trademark, service mark, other intellectual property laws and associated common law principles. This protection extends to all areas of MarkMonitor, including both subscriber and non-subscriber areas. Information received through MarkMonitor may be displayed, reformatted and printed for your use related to the practice of law, protection of your Company's intellectual property or your personal, non-commercial use only.
7. Disclaimer of Warranties. MarkMonitor assumes no liability for any damages suffered by you, including, but not limited to, mistakes, omissions, loss of data, delays in operation or transmission, non-deliveries, deletion of files or e-mail, errors, defects, computer viruses, or service interruptions of any kind, or any failure of performance, communications failure, theft, destruction or unauthorized access to MarkMonitor's records, program, information or services. MarkMonitor assumes no liability for the quality, accuracy, or validity of the data/information gathered by this service. Use of information gathered through MarkMonitor's services is at your risk. No oral advice or written information given by MarkMonitor, its employees, agents, third-party providers, suppliers, licensers or the like, shall create a warranty or license; nor shall you be entitled to rely on such information or advice.
8. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. MarkMonitor MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ITS SERVICE OR SERVICES ON THE INTERNET GENERALLY. MarkMonitor SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM YOUR RELIANCE OR USE OF THE SERVICE. YOU ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, E-MAIL OR OTHERWISE TRANSMIT VIA THE MarkMonitor SERVICE.

MarkMonitor DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN ITS SERVICE. THIS SERVICE AND ANY DERIVATIVE SOFTWARE ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL SEARCH RESULTS, DATA, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. MarkMonitor DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. MarkMonitor DOES NOT PROVIDE ANY LEGAL OPINIONS OR LEGAL ADVICE WITH RESPECT TO THE RESULTS OF THE SEARCHES PERFORMED BY MarkMonitor. MarkMonitor IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES OR LEGAL OPINIONS. ANY LEGAL QUESTIONS WITH RESPECT TO INTELLECTUAL PROPERTY LAW SHOULD BE DIRECTED TO LEGAL COUNSEL.

UNDER NO CIRCUMSTANCES SHALL MarkMonitor, OR ANYONE ELSE INVOLVED IN CREATING, DEVELOPING, PRODUCING OR DISTRIBUTING OF MarkMonitor'S SERVICE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) THAT RESULT FROM (A) THE USE OR INABILITY TO USE THE MarkMonitor SERVICE; (B) MISTAKES, OMISSIONS, LOSS OF DATA, DELAYS IN OPERATION OR TRANSMISSION, DELAYS OR NON-DELIVERIES, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, OR SERVICE INTERRUPTIONS OF ANY KIND; (C) ANY FAILURE OF PERFORMANCE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MarkMonitor'S RECORDS, PROGRAMS OR SERVICES; (D) ANY INFORMATION, MISINFORMATION OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, EVEN IF MarkMonitor OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (E) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. MarkMonitor RESERVES THE RIGHT TO ADD OR WITHDRAW ANY INFORMATION, SOURCES OR ITEMS OF COVERAGE FROM THE SERVICE WITHOUT PRIOR NOTICE TO ANY SUBSCRIBERS.

MarkMonitor AND ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUCCESSORS AND ASSIGNS (THE "MarkMonitor PARTIES") SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM ANY USE, ERRORS, OR OMISSIONS RELATING TO THE SERVICE OR THE UNAVAILABILITY OR INTERRUPTION OF THE SERVICE OR ANY FEATURES THEREOF. THE AGGREGATE LIABILITY OF THE MarkMonitor PARTIES ARISING OUT OF A CLAIM FOR LOSS RELATED TO THE SERVICES AVAILABLE THROUGH MarkMonitor SHALL NOT EXCEED THE AMOUNT PAID BY SUBSCRIBER FOR THE SPECIFIC SERVICE AFFECTED BY THE CLAIM. IN NO EVENT SHALL MarkMonitor OR THE MarkMonitor PARTIES BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES ARISING OUT OF MarkMonitor'S SERVICES, INCLUDING LOST PROFITS, EVEN IF MarkMonitor HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitations of Use. You are using the MarkMonitor Service on a non transferable, limited, and non-exclusive basis. Your use of this Web Site does not create a joint venture or license of any kind between MarkMonitor and you. You shall maintain a secure password to your account. You agree not to provide your password to any other individual or entity and you agree not to use MarkMonitor services to gain unauthorized access to the systems and networks of others. You agree to conform to applicable local, state and federal laws. In cases where data communications are addressed to those outside of those agencies, you are hereby advised that acceptable use policies of those other networks apply and may limit use. You shall not use or permit the use of the service in any way that compromises the integrity thereof or infringes any proprietary interests of MarkMonitor. You may not sell, re-sell or lease the services to any person or entity. However, if Subscriber is an attorney or law firm, Subscriber is permitted to distribute limited copies of the reports generated by MarkMonitor in connection with Subscriber's legal representation. Subscriber may not publish, broadcast or otherwise redistribute the reports generated through MarkMonitor. Any and all information offered herein by MarkMonitor is the sole and exclusive property of MarkMonitor except to the extent that the information contained therein is in the public domain or is licensed to MarkMonitor by a third party. All right, title, and interest (including all copyrights and other intellectual property rights) in the services and reports provided by MarkMonitor belong to MarkMonitor. Subscriber shall acquire no proprietary interest in the services, materials, reports or copies obtained through MarkMonitor. You agree not to use any the MarkMonitor Services to allow, enable or otherwise support the transmission of e-mail, telephone or facsimile of mass, unsolicited, commercial advertising or solicitations.
10. Indemnification and Third Party Rights. Subscriber agrees to indemnify, defend and hold harmless MarkMonitor, its owners, officers, directors, employees, agents, licensees, suppliers and any third party information providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of this Agreement, (ii) any failure to conform to the instructions or requirements for use communicated to Subscriber by MarkMonitor, or (iii) any unlawful or reckless activity, as determined by MarkMonitor, related to Subscriber's account (including negligent or wrongful conduct) by Subscriber or any other person accessing the service using Subscriber's account. This section is for the benefit of MarkMonitor and its officers, directors, employees, agents, licensees, suppliers, and any third party information providers to the service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against Subscriber on their own behalf. MarkMonitor may suspend or discontinue providing its services to Subscriber without notice and pursue any remedy legally available to it if Subscriber fails to comply with any of its obligations herein.
11. Abuse of Services. The services on this Web site are available to paying Subscribers only. Any use of MarkMonitor resources that disrupts the normal use of the system is considered abuse and will not be tolerated. Any use outside the terms of this Agreement may result in the termination of our services to you.
12. Miscellaneous. MarkMonitor may change its Services from time to time, in its sole and absolute discretion. Subscriber shall be provided with notice on MarkMonitor's Web Site or in e-email formal of any material changes to its Services. If any material changes (other than a service upgrade, service addition or service enhancement) is unacceptable to Subscriber, this Agreement may be terminated by Subscriber by providing thirty (30) days' written notice to MarkMonitor. Continued use of the Services following any change posted on MarkMonitor's Web site constitutes acceptance of the change. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. This Agreement evidences the entire agreement of the parties, with respect to the subject matter hereof, and supersedes and cancels all prior discussions, agreements and understandings between the parties, written, oral or implied. All notices to MarkMonitor shall be made in writing and shall be sent by mail or fax to: eMarkMonitor Inc.12438 W.Bridger Street, Suite 100, Boise, Idaho 83713 or by fax to:(208) 389-5771. MarkMonitor may modify this Agreement from time to time upon written or electronic notice to Subscriber. The failure of MarkMonitor to require Subscriber's performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by MarkMonitor of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. MarkMonitor will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of MarkMonitor as reflected in the original provision. This Agreement does not affect or otherwise modify any other Agreements between Subscriber and MarkMonitor pertaining to services other than the MarkMonitor Services referenced herein.

SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER HAS READ THIS "TERMS AND CONDITIONS" AGREEMENT AND AGREES TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.