1. INFORMATION ABOUT US
whalmarks.com is a website operated by Whalemarks Inc.
You must be 18 years of age and able to form a binding contract in order to hire the services offered through the website and online platform accessible through whalemarks.com.
In the event of a difference of interpretation of these general Terms of Service due to the different language versions available on the Site, the English version thereof will be decisive.
Any individual or unique Terms of Service negotiated previously with a User, that deviates from these (our general) Terms of Service will only and exclusively apply prior written and signed confirmation between legal representatives of both parties, and will only apply between both parties on a case-by-case basis, limited to the services expressly listed in the written and signed confirmation.
“Whalemarks”: Is Whalemarks Inc.
“Site”: Is the content and online platform accessible through and visible only at the online addresses associated with the domain name whalemarks.com.
“Proprietor”: Is the person for whom services will be executed and under whose name, a right or interest will be filed, registered or presented, or to whose name it is to be transferred. It is the owner, titleholder or holder of a trademark, patent, copyright, intellectual property right or interest that will be applied for or registered.
“User”: Is the person who accesses the site and has an account with Whalemarks, and who may request services for himself or a third party, be these natural persons or legal entities.
“Attorney”: Is the independent third party lawyer or law firm in a specific “Territory” that Whalemarks has previously engaged in order to negotiate a reduced schedule of fees for the clients of the “Attorney”, and to who the “Proprietor” has directly given “Power of Attorney”.
“Power of Attorney”: Is the authorization issued by the Proprietor according to the corresponding legal requirements of each “Territory”, delivered by the User to the Attorney, appointing the Attorney with the required legal faculties in order to perform all necessary actions required to fulfill a “Service”.
“Service”: Is the specific service offered through Whalemarks, requested by the User that has been accepted by both parties and prepaid by the User before it is processed.
“Price of Service”: Is the amount of US dollars or other currency accepted by Whalemarks and the site administrator to be paid by the User in order for a service to be rendered, be these services executed directly by Whalemarks, such as consulting services or Intellectual Property portfolio management, or services ordered by the User to be rendered by the Attorney.
“Territory”: Refers to a specific country’s jurisdiction or other territorial organizations in which services are to be performed on behalf of the Proprietor.
“Local Agency”: Is the Government agency, institute, department, intellectual property office, or any other institution recognized by law or local practice of the Territory in which a trademark, patent, copyright, authors’ rights, domain name dispute processes or any other service requested by the User must be filed, registered, solicited or processed, in order for the rights or interests to be recognized, granted, protected, cancelled or enforced.
Whalemarks assists Users in understanding international intellectual property law and provides, among other services, consulting services and intellectual property portfolio management services. However, Whalemarks is not a law firm and its employees are not lawyers. Recommendations given by Whalemarks employees should not serve as substitute for the advice of a lawyer. No attorney-client relationship or privilege is created between Whalemarks and the User.
Any legal Service requested through the Site is entrusted to the Attorney of the Territory of interest, to whom Power of Attorney is given directly by the Proprietor, who may or may not be the User. When requesting a Service, the User does it under the acknowledgment and acceptance of the condition that all communication with the Attorney, as well as required payments, must be done through the Site and Whalemarks. In all cases, Whalemarks will not influence or interfere in any way with any Attorneys’ independent professional judgment. This condition is emplaced in order to ensure the fulfilment and quality of the intellectual property portfolio management Services ordered to be fulfilled by Whalemarks, service that is inseparable to any Service offered or requested through the Site, advertised or offered by Whalemarks.
4. CREATING AND MAINTAINING AN ACCOUNT
When using the Site, opening a new account and hiring Services from Whalemarks, the User is responsible for maintaining the confidentiality of the account and password and for restricting access to the computer used to access said account. User agrees to accept responsibility for all activities that occur under the account or password. Whalemarks reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
The User must always immediately update his/her/their account and notify Whalemarks of any changes in contact information such as email addresses and telephone number.
5. NOTICES AND COMMUNICATIONS
Any notice or other communications that Whalemarks must send to the User will be sufficiently served if sent to the email address associated with the User’s account.
6. CUSTOMERS NEEDING EXTRA ASSISTANCE
Whalemarks aims to provide full access to its Site and service offerings regardless of disability. If you are unable to read any part of the Site, or otherwise have difficulties using the Site, please call +1 305 257 9442 for assistance.
7. INQUIRIES AND CONSENT TO RECEIVE EMAILS AND TELEPHONE CALLS
By using Whalemarks services, contacting Whalemarks or creating an account through the Site, User acknowledges and accepts that submitting User’s telephone number to Whalemarks via the Site constitutes an inquiry to Whalemarks, and that Whalemarks may contact User at the number submitted even if such number appears on any state, federal or country do not call lists (taking into account inquiry exception time frames as appropriate). User agrees that they may receive communications from Whalemarks, such as newsletters, special offers, and account reminders and updates to the email address associated with an account or submitted through a contact form. User also understands that he/she/they can remove themselves from these communications by clicking the “unsubscribe” link in the footer of the email.
8. UNSOLICITED SUBMISSIONS
Whalemarks does not want User to submit or send confidential or proprietary information through this Site or other forms of communication, other than those materials strictly necessary for the completion of legal services provided by the “Attorney”. All comments, feedback, information or material submitted to Whalemarks through or in association with this Site, which are not for the sole intention and purpose of filing, submitting or processing of Intellectual Property rights, will be considered as non-confidential.
9. LINKS TO THIRD PARTY SITES
This Site may contain links to websites controlled by parties other than Whalemarks (each a “Third Party Site”). Whalemarks may also provide links to other citations or resources with whom it is not affiliated. These Third-Party Sites are provided for the Users convenience to help identify and locate other Internet resources that may be of interest to the User. Whalemarks is not responsible for and does not endorse or accept any responsibility for the availability, contents or use of any Third-Party Site, any website accessed from a Third-Party Site or any changes or updates to such sites. Whalemarks makes no guarantees about the content or quality of the content provided by such sites. Whalemarks is not responsible for any form of data transmission from any Third-Party Site. Inclusion of links does not imply endorsement by Whalemarks of the Third-Party Site, nor does it imply that Whalemarks sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links and sites there accessible. The User acknowledge that he/she/they bear all risks associated with access to and use of content provided on a Third-Party Site and agrees that Whalemarks is not responsible for any loss or damage of any sort that the User may incur from dealing with a third-party site. User should contact the site administrator of the Third-Party site if User has any concerns regarding such links or the content located on any Third-Party Site.
Prices for Service that are expressed on the Site may vary, and corresponding prices will be those as expressed on the Site at the moment that the User effectively pays the Price of Service. User should be aware that in the case of trademark applications extra charges may be applicable as explained in the corresponding Country Notes and Price Notes. User should read the Country Notes and Price Notes available on the individual country pages before proceeding with a Service.
Oral commitments do not bind Whalemarks, unless they have been expressly confirmed in writing.
Quotations are valid for up to 14 days from the date in which the offer was sent. Offers will automatically lapse at the end of the fourteenth (14th) day. If quotations or prices for Services are maintained for a longer period of time, this is to be considered for, and as a single case matter and in no way will future quotations deviate for the general rule as here expressed.
In case the price for a specific service increases while pending documentation from the User is required to proceed, the price difference must be paid by the User for the service to be fulfilled. If Whalemarks maintains the initial price for service or accepts payment to be made after commencement or fulfillment of the service, this is to be considered as an exception and in no way implies that future cases will deviate from the general rule as here expressed.
All Services offered through the Site or by Whalemarks must be prepaid by the User. Only once Whalemarks has received the required payment for the processing of a Service will the Service commence to be processed. If Whalemarks were to give credit or proceed with a Service before it has been fully paid for by the User, this will merely constitute an exception and will not alter the general rule for prepaid Services as stated above.
Through the Site the following services are offered:
Trademark Search: Also referred to as (A.K.A.) trademark study, trademark registrability report, trademark compliance report, trademark success verification report, trademark comprehensive study, etc.
The service for a trademark search is for a specific trademark as submitted by the User, for a determined Territory and only in respect to the class or classes for which the Service has been ordered. Depending on the availability and the User’s choice, the trademark search will be for: a) word elements of the mark only, b) Figurative elements of the mark (Device) only, or c) Both word elements and figurative elements of a trademark.
The purpose of this service is to assess the viability of successfully registering a trademark. For this preliminary knockout searches are carried out in order to determine if similar trademarks to that for which the trademark search is ordered, have already been registered or published for identical or related products or services under the class of interest.
Searches will only be performed for trademarks filed in the Territory for which the service has been ordered. Depending on the Territory for which the search will be performed, this will be done through official online databases of the Local Agency entrusted with trademark matters for the specific jurisdiction, official online databases of intergovernmental organizations (e.g. WIPO, OHIM, ARIPO, OAPI, BENELUX) and/or privately-owned databases or resources for screening, searching, and analyzing trademarks. Access to these private tools and resources has been paid for by Whalemarks or the Attorney entrusted with the search.
User understands that many public and private databases are not updated on daily or weekly bases and that Whalemarks can only consider and include as results trademarks that are accessible through the databases on the day in which the search is performed.
Whalemarks will also analyze if the proposed trademark complies with local requirements or if it may be rejected due to one or more grounds for refusal (e.g. Deceptive marks, Descriptive or Misdescriptive Marks, etc.). Bear in mind that although trademark professionals and attorneys are assigned for the completion of our trademark search, trademark examination is not an exact science and precise predictions are not possible. Our trademark professionals’ analyses are subjective, just as the analysis that will be carried out by the registration office’s examiners. Although circumstances are rare, the trademark search reports may not identify all potential grounds for refusal.
Although the expressed probability or percentage of chance for success is based on the search for similar trademarks and our trademark professional’s experience, as a probability, Whalemarks cannot guarantee that the trademark will be successfully registered in the jurisdiction of choice, regardless of how high the probability or percentage of chance may be. Whalemarks makes no warranties that use of the trademark is authorized by law or cannot receive pre-registration opposition actions or post registration invalidation actions (e.g. cancellation or annulments) by third parties.
The Trademark Search will be presented in a standard format as determined by Whalemarks, including the following section:
– The search of potentially conflicting registered or filed trademark as stated above.
– An expert’s opinion on whether the proposed trademark may be refused or rejected due to other possible grounds of refusal (e.g. merely descriptive, deceptively misdescriptive, etc.)
– An expert’s opinion of the likelihood of successful registration of the trademark. The expert’s opinion however positive, as stated above, CANNOT ensure successful registration of a trademark and merely constitutes an opinion.
– An expert’s opinion on what steps may be taken in order to increment probabilities for successfully registering a trademark.
Meaning of probabilities included in trademark search reports:
90% – Probabilities for successful registration are very high. No previously filed trademarks of significance have been found. No elements of the trademark either analyzed globally or individually, should constitute grounds for refusal.
75% – Probabilities for successful registration are high. No previously filed trademark should be considered as deceptively similar. Probabilities of receiving office actions, initial refusal, examiners report or objections are low. Probabilities of receiving third party oppositions are low.
60% – Probabilities for successful registration are considerable, previously filed trademarks that may be considered confusingly similar exist, or the trademark may include elements that individually may be considered as generic, descriptive or indicative, nevertheless, when analyzed globally the proposed trademark will most likely be accepted for registration. Though low, probabilities of receiving office actions, initial refusal, examiners report or objections exist and/or though low, probabilities of receiving third party opposition from owners of previously registered trademarks in the jurisdiction exist. In case obstacles such as office actions and/or third-party oppositions appear, there are good chances they may be overcome.
40% – Probabilities for successful registration are low, previously filed trademarks that will almost certainly be considered confusingly similar exist, or the configuration of elements of the trademark will almost certainly constitute absolute ground for refusal of a trademark. Probabilities of receiving office actions, initial refusal, examiners report or objections are considerable and/or probabilities of receiving third party opposition from owners of previously registered trademarks in the jurisdiction are considerable. In case obstacles such as office actions and/or third-party oppositions appear, there are low probabilities they may be overcome (chances increase if the trademark has been effectively used in this jurisdiction by the applicant for a considerable period of time).
Unregistrable – Probabilities for successful registration are very low, an identical previously filed trademark exists, or the configuration of elements of the trademark will almost certainly constitute absolute ground for refusal of a trademark or basis for a third-party opposition.
Trademark Application service: Also referred to as (A.K.A.) trademark filing, trademark initial presentation, trademark registration (initial presentation, not assuring effective registration).
The Service for a trademark application is for a determined trademark as submitted by the User, for a determined Territory and only in respect to the class or classes and description of goods and/or services determined by the User.
The Trademark Application Service includes:
a. Preparing and filing of the Trademark application before the Local Agency of the Territory.
b. Revising, if required by the User, the scanned copy of the Power of Attorney that the User may need to send to the Attorney.
c. Payment of all official fees required by the Local Agency for the filing of the trademark, including any corresponding publication fees. Exceptionally, publication fees will not be included as part of this service for services in the following countries: Bangladesh, Ethiopia, Iraq, Kurdistan, Kuwait, Malaysia, Oman, Philippines, Puerto Rico, South Africa and Yemen.
d. Sending the User a scanned copy of the official filing receipt as proof of filing as soon as this is available.
e. Notifying the User of any changes in the status of the trademark during any stage of the process, such as office action (e.g. examiner’s initial refusal, examiner’s report, objections), formal examination rejections, declaration of use requirements, third party oppositions and acceptance for registration, as well as notifying when payment of final registration fees are due, if required in a Territory. Notifications of status changes that require response on behalf of the User and have associated costs will be notified together with the due date before which Users instructions and payment for response/defense services must be received. When User is notified regarding a situation that requires a response on User’s behalf, if User’s response is not received within the stated due date, the Attorney reserves the right to resign their Power of Attorney or representation on the matter. Upon Whalemarks’s notification to the User of a status change or matter regarding the trademark, and stating the due date, no other action on behalf of Whalemarks will be required by the User or Proprietor.
The Trademark Application Service DOES NOT include the following:
a. Search for previously filed conflicting trademarks or analyses of the proposed trademark in order to determine if it complies with local requirements or if it may be rejected due to one or more grounds for refusal. For this, a trademark search service should be ordered, service that is independent to the Trademark Application Service.
b. If a Territory requires power of attorney documents or any other documentation necessary to file, process, register or defend an intellectual property right or to proceed with any service, the process and handling of notarization, legalization and delivery, as well as any associated costs will fall upon the User.
c. In Territories where trademark applications require a final government fee or tax be paid when a trademark has been accepted for registration, and such payment of government fee or tax is required for a trademark to be effectively registered, the Trademark Application Service DOES NOT include payment of these fees. Payment of these fees will constitute a separate Service for which Whalemarks will contact the User and notify him/her when such payment is required. Information of the Territories in which final payment of government fees or taxes are necessary are clearly stated in each individual country price note visible through the Site.
d. Trademark Application Service does not include response to office actions (e.g. examiner’s initial refusal, examiner’s report, objections) or third-party oppositions to the trademark. Whalemarks will notify the User if such obstacles appear, along with the price for the Attorney to respond when such is necessary and the due date before which instructions and payment need to be received. The response to Office Actions or Third-Party Oppositions will constitute a separate service to that of the Trademark Application Service.
e. The physical delivery of original documentation that is issued by the trademark office upon filing or processing of the trademark. However, scanned copies of documents may be sent via email upon user’s request.
Response to office action (e.g. examiner’s initial refusal, examiner’s report, objections): When notifying the User of an office action, the email notification will include a date that will be the deadline (due date) to receive User’s instructions to proceed. The deadline may not be the final legal date to respond, however, it is the deadline mentioned to the User before which instructions and payment for the services must be received to proceed. Attorneys need time to prepare responses and defenses; if instructions and payment are not received by the mentioned due date the trademark will be abandoned. Exceptionally and for individual cases, responding to an office action may still be possible after the mentioned due date. In such cases an extra fee (rush fee) will apply. Extra fees (rush fees) for these cases will be mentioned to the User upon their inquiry to respond/defend the trademark after the due date and only if this is still possible after the mentioned due date.
Other actions (e.g. oppositions, defense to oppositions, cancellations, defense of cancellation, revocation, etc.): When the User contacts Whalemarks or Whalemarks notifies User of possible legal actions that may be taken, the email in which Whalemarks responds to User’s inquiry or notifies User of possible actions that may be taken, it will include a date that will be the deadline (due date) to receive User’s instructions to proceed. The deadline may not be the final legal date to present actions or respond, however, it is the deadline mentioned to the User before which instructions and payment for the services must be received to proceed. Attorneys need time to prepare actions or defenses; if instructions and payment are not received by the mentioned due date the trademark will be abandoned. Exceptionally and for individual cases, presenting actions or defending User’s interest may still be possible after the mentioned due date. In such cases an extra fee (rush fee) will apply. Extra fees (rush fees) for these cases will be mentioned to the User upon their inquiry to present/defend the trademark after the due date and only if this is still possible after the mentioned due date.
Trademark Watch service: Also referred to (A.K.A.) trademark monitoring services.
The Service for a Trademark Watch Service is for a determined trademark as submitted by the User, for a determined Territory, Region or World Wide, and only in respect to the class or classes determined by the User.
In some jurisdictions trademark information is released on an irregular basis. Information will be sent when available.
The Trademark Watch Service includes the following:
a. For word marks, the service includes the reporting of newly published identical and phonetically identical marks, together with confusingly similar marks, for the class or classes ordered by the User.
b. For figurative elements or device marks, the service includes the reporting of newly published visually similar marks (designs), for the class or classes ordered by the User.
c. The Trademark Watch Service is for a one-year period starting from the third day on which payment for Service has been received by Whalemarks.
The Trademark Watch Service DOES NOT include the following:
a. Presenting trademark opposition actions or trademark cancellation actions against identical or similar trademarks to that for which the trademark watch service was ordered. If the User wishes to oppose the registration of an identical or similar trademark, or present cancellation actions, these will constitute a separate service to that of the trademark watch service.
The Trademark Watch Service is offered for a single jurisdiction, for a specific region or worldwide.
Regions and jurisdictions include:
Asia and Oceania:
Afghanistan, Australia, Bangladesh, Bhutan, Brunei, Cambodia, China, Fiji, Hong Kong, India, Indonesia, Japan, Kazakhstan, Kyrgyzstan, Laos, Macau, Malaysia, Mongolia, Myanmar, Nepal, New Zealand, Pakistan, Papua New Guinea, Philippines, Singapore, Solomon Islands, South Korea, Sri Lanka, Taiwan, Tajikistan. Thailand, Tonga, Turkmenistan, Uzbekistan, Vietnam.
Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Benelux (Belgium, Netherlands, Luxemburg), Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Cyprus (Turkish Republic of Northern Cyprus), Czech Republic, Denmark, Estonia, European Union Trademarks, Finland, France, Georgia, Germany, Gibraltar, Greece, Guernsey, Hungary, Iceland, Ireland, Italy, Jersey, Kazakhstan, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Macedonia, Malta, Moldova, Monaco, Montenegro, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovenia, Slovak Republic, Spain, Sweden, Switzerland, Tajikistan, Turkmenistan, Turkey, Ukraine, United Kingdom, Uzbekistan.
Middle East and Africa:
African Intellectual Property Organization (O.A.P.I.), African Regional Intellectual Property Organization (ARIPO), Algeria, Angola, Bahrain, Botswana, Burundi, Congo (Democratic Republic), Egypt, Ethiopia, Gambia, Gaza, Ghana, Iran, Iraq, Israel, Jordan, Kenya, Kuwait, Lebanon, Lesotho, Liberia, Libya, Madagascar, Malawi, Mauritius, Morocco, Mozambique, Namibia, Nigeria, Oman, Qatar, Rwanda, Saudi Arabia, Seychelles, Sierra Leone, South Africa, Sudan, Swaziland, Syria, Tanzania, Tunisia, Uganda, United Arab Emirates, West Bank of Jordan, Yemen, Zambia, Zanzibar, Zimbabwe.
The Americas and the Caribbean:
Anguilla, Antigua and Barbuda, Argentina, Aruba, Bahamas, Barbados, Belize, Bermuda, Bolivia, Brazil, British Virgin Islands, Canada, Cayman Islands, Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, El Salvador, Falkland Islands, Grenada, Grenadines, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Montserrat, Netherlands Antilles, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, St. Kitts and Nevis, St. Lucia, St. Vincent and The Grenadines, Suriname, Trinidad and Tobago, Turks and Caicos Islands, United States of America, Uruguay, Venezuela.
Custody and delivery of registration certificates and associated documentation: Upon registration of an intellectual property right, the local trademark offices in most cases issues a registration certificate or document. In cases where the registration certificate or documents are digital, Whalemarks will forward a copy of the digital certificate to the email address associated with the User’s account. If the registration certificate or document is issued in a physical format, Whalemarks upon receiving the original documents will scan the documents and send a digital scanned copy to the email address associated with the user account.
Once physical registration certificate or associated documents are received, Whalemarks will notify the User. Once User is notified Whalemarks will keep the documents under custody for a period of two (2) years. If instructions for delivery are not received within the two (2) year period from the moment User is notified that the document has been received, Whalemarks will proceed to destroy all associated registration certificates and documents.
If the User wishes to receive the original document, associated costs will apply. Delivery will be sent to the address stated by User. Delivery may be done via regular certified mail or via courier services through Whalemarks’s account with third-party courier service providers. The cost of delivery and handling of the documents for each case will be expressed to the User before documents are sent in order for User to decide which delivery method they prefer. Whalemarks is not responsible for the loss of documents or damages that documents may suffer in transit once delivered to the address stated by the User.
Other services including those related with Intellectual Property Rights: Any other service related to trademarks, copyrights, authors’ rights, patents, domain name disputes or any other service offered by Whalemarks or through the Site will be governed by these Terms. Price of Service will be determined beforehand and will be prepaid by the User before a Service is processed. In no way does Whalemarks ensure the success of any process for which a Service is ordered.
12. REFUND POLICY
Once a Service has commenced to be processed the User will have no right to a refund.
Paid services that are yet to be processed due to pending documentation or information required from the User may be cancelled and have a refund request deadline of 60 days in which User needs to request refund of payment.
In the case of services paid via wire transfer, refunds will be made for the amount of full payment minus (less) the transfer costs that Whalemarks will incur in order to return the amount paid.
In the case of services paid via PayPal, refunds will be made directly to the PayPal account used to send payment. However, fees charged by PayPal to process payment from the original transaction will not be returned. Please note these fees are not kept by Whalemarks. PayPal does not return their process fees from the original transaction in case of refunds.
In the case of services paid via Credit Card or Debit Card, online payment processing is done via Stripe (Stripe, Inc.). Refunds of payments made via Credit Card or Debit Card will not include Stripe’s fees. For information regarding Stripe’s fees contact us or visit stripe.com for amount details.
In the case of services paid with BITCOIN, refunds will be made in US Dollars; the amount returned will be the amount of US Dollars that the amount of BITCOIN was worth at the moment of payment. In this case, the refund will be made to the bank account that the User chooses and transfer fees will be deducted from the refunded amount.
User accepts that Whalemarks may not transfer refunded amounts to certain banks or Territories, in this case both Whalemarks and the User will work together in order to determine a method of sending the refunded amount in accordance with US Law and regulation.
13. RIGHT TO REFUSE SERVICE AND ACCESS RESTRICTION TO THE SITE
You acknowledge that Whalemarks reserves the right to refuse service to anyone and to cancel Users’ access to the Site, for any reason and at any time without prior notice. Whalemarks also reserves the right to discontinue, either temporarily or permanently, any part of its Services without notice.
14. DISCLAIMER OF WARRANTY
Whalemarks makes effort so that the information, materials, software, products and services made available through the Site are as accurate and correct as possible, however these may include inaccuracies or typographical errors. Whalemarks may at any time make improvements or changes to its Services. The Site and all materials or services offered and provided on the Site by Whalemarks are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Whalemarks expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Whalemarks expressly disclaims any representation or warranty that services will be error-free, timely, secure or uninterrupted.
Whalemarks makes no warranty that: (a) the Site, materials or services will meet the Users requirements; (b) the Site, materials and services will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Site, or any materials or services offered through the Site, will be accurate or reliable; or (d) the quality of any products, services, information or other materials purchased or obtained by the User through the Site or in reliance on the materials or services will meet the Users’ expectations. Use of any materials obtained or services provided through the use of the Site is done at the Users’ own discretion and risk. Whalemarks will have no responsibility for any damage to Users’ computer system or loss of data that results from the download of any content, materials, information or software.
No advice, be this oral or written information given by Whalemarks, its employees, licensors or agents will create a warranty; nor may the User rely on any such information or advice.
15. LIMITATION OF LIABILITY AND INDEMNIFICATION
Except as prohibited by law, User will hold Whalemarks and its affiliates, officers, directors, employees and agents harmless for any general, direct, indirect, punitive, special, incidental, or consequential damage, however it arises (including reasonable attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with these Terms, including, without limitation, any claim for personal injury (including death) or property damage, arising from these Terms or Services and any violation by the User of any federal, state, or local laws, statutes, rules, or regulations or arising out of or in connection with the use or inability to use this Site or Services available through the Site, including but not limited to reliance on any information obtained by Whalemarks; or information or quality of service that result from mistakes, omissions, interruptions, deletion of files or e-mails, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of God, fires, acts of war, coups d’état, civil war, acts of terrorism, communication failure, theft, destruction or unauthorized access to Whalemarks’s records, programs or services. The User hereby acknowledges that this provision will apply whether or not Whalemarks has given notice of the possibility of such damages and that this provision will apply to all content, merchandise or available services. If the User’s use of materials or services from this Site results in the need for servicing, repair or correction of equipment or data, User assumes any costs thereof. If the ability of limiting liability or indemnification is not fully recognized, the amount due will be limited to the amount paid by the User for the specific service that has caused dispute between the User and Whalemarks.
All content included in or made available in the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Whalemarks and protected by United States and international copyright laws.
IGERENT (whalemarks) is a registered trademark of Whalemarks. The use of any IGERENT trademark or service mark, including the logo or device mark consisting of a three dimensional cube, without express written consent from Whalemarks is strictly prohibited.
18. COPYRIGHT, TRADEMARKS AND OTHER COMPLAINTS REGARDING INTELLECTUAL PROPERTY
Whalemarks respects the intellectual property of others. If you have a good faith reasonable belief that any content on the Site is infringing on your copyrights, trademark rights or other intellectual property rights, and you wish to notify Whalemarks and the site administrator of such alleged infringement, you must provide the following information in a written communication via e-mail, fax or letter (in case of a letter, a scanned copy by e-mail or fax should also be sent) to Whalemarks’s Designated complaint department (see below for contact information):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive intellectual property right that is allegedly infringed;
ii. Identification of the copyrighted work, trademark, service mark or any other intellectual property right claimed to have been infringed or, if multiple infringed rights at a single online website are covered by a single notification, a representative list of such works, marks or rights in the Site;
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 to be disabled, and information reasonably sufficient that may permit Whalemarks or the Site Administrator from locating the material on the website;
iv. Sufficient contact information that may allow Whalemarks or the Site Administrator to contact the complaining party, such as an e-mail address, telephone number, fax number, and, if possible, a physical mailing address at which the complaining party may be contacted or reached;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the owner, agent or the Law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner that is allegedly infringed.
Please note that this procedure is exclusively for notifying Whalemarks that your copyrighted material or other intellectual property rights have been infringed.
Contact Information for Designated Agent for Notification of Claimed Copyright or intellectual property rights:
EMAIL: Legal email address
MAILING ADDRESS: 2637 E Atlantic Blvd, Pompano Beach, 33136. FL, USA.
19. AGREEMENT FOR BINDING ARBITRATION
Whalemarks is committed with User’s satisfaction of the Site and Services provided and does not anticipate having any disagreements with the User. However, if any concerns regarding Services or the use of the Site were to arise, please notify us immediately via email at Legal email address. Whalemarks will endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes, then both the User and Whalemarks hereby agree that all disputes or claims between the User and Whalemarks of any nature whatsoever, including but not limited to those relating to use of the Site or the quality or appropriateness of Services offered by Whalemarks, will be resolved by binding arbitration.
User agrees that it is waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive termination of these Terms. Consequently, any controversy or claim arising out of or relating to the use of the Site, quality of Services, these Terms, or the breach thereof, will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator must not be of the nationality of either of the parties. The place of arbitration will be in the State of Delaware. The language(s) of the arbitration will be in English. These Terms will be governed by the laws of the state of Delaware. The award must be made within nine months of the filing of the notice of intention to arbitrate (demand), and the arbitrator must agree to comply with this schedule before accepting appointment. However, this time limit may be extended by agreement of the parties or by the arbitrator if necessary. In no event will an award in an arbitration initiated under this clause exceed USD $ 3,000 for any claimant. Each party must bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. The award of the arbitrators must be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.
20. WAIVER, SEVERABILITY AND ASSIGNMENT
Whalemarks’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting the original intentions of the parties as closely as possible. User may not assign any of its rights under these Terms, and any such attempt will be void, unless prior written consent exists on behalf of Whalemarks. Whalemarks may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
21. TITLES AND HEADINGS
The titles and headings of these Terms are for convenience and ease of reference only and will not be utilized in any way to construe or interpret these Terms.
23. ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties concerning its subject matter, and supersedes any previous accord, understanding, agreement or Terms, express or implied.