Table of Contents
Last updated: February 21, 2021
Our mission is to provide top-tier intellectual property law services designed with user and client experience in mind. We also share knowledge and resources that you can use to learn about intellectual property law – with a heavy focus on trademark law. To further these goals, our Services are designed with a few core purposes:
- Providing a personalized experience for you
- We use information that you provide to us to customize aspects of your experience with our Services. For example, if you have expressed an interest in filing a trademark application, we may send you information about trademark applications.
- Helping you interact with us
- We have designed custom intake forms for each of our core services. These forms are similar to an interview that elicit the information we need to assist you.
- Helping you discover products and services
- We may show you products and services offered by us or third parties who offer services that we like. We may also show you ads about products or services we think you might like.
- Providing tools and resources for you to learn
- We provide a database of common questions and answers, as well as quizzes, to help you learn along your legal journey.
- Researching ways to make our Services better
- We are always looking for ways to improve our Services and your experience. We analyze data gathered through our Services to help us better understand our users. We may also conduct trials or surveys to gauge user interest or satisfaction with our Services.
In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.
If you become a client of Joshua IP, you will also sign an agreement outlining the terms of the engagement (“Engagement Agreement”). To the extent the Master Terms and any applicable Additional Terms are inconsistent with the terms of any formal written Engagement Agreement between you and Joshua IP, the terms of the Engagement Agreement shall govern.
The Master Terms, together with any Additional Terms and any applicable Engagement Agreement, form a binding legal agreement between you and Joshua IP in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”
YOUR AGREEMENT TO THE TERMS
BY ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.
CHANGES TO THE TERMS
From time to time, Joshua IP may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s). All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
NO ATTORNEY-CLIENT RELATIONSHIP
Use of the Services does not establish an attorney-client relationship. No attorney-client relationship shall exist unless and until (1) you have hired us to represent you, (2) we determine that there is no conflict-of-interest by representing you, and (3) a formal engagement letter is signed.
CONTENT AVAILABLE THROUGH THE SERVICES
Provided as-is: You acknowledge that Joshua IP does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Joshua IP liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.
NO LEGAL ADVICE: YOU ACKNOWLEDGE THAT THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. THE INFORMATION IS NOT PROVIDED IN THE COURSE OF AN ATTORNEY-CLIENT RELATIONSHIP AND IS NOT INTENDED TO SUBSTITUTE FOR LEGAL ADVICE FROM AN ATTORNEY LICENSED IN YOUR JURISDICTION. THE HIRING OF A LAWYER IS AN IMPORTANT DECISION THAT SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS. BEFORE YOU DECIDE, ASK US TO SEND YOU FREE, WRITTEN INFORMATION ABOUT OUR QUALIFICATIONS AND EXPERIENCE.
Links to third-party sites: The Services may contain links to websites that are not controlled by Joshua IP (the “Third-Party Sites”). Joshua IP is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Sites. Joshua IP makes no guarantees about the content or quality of the products or services provided by such Third-Party Sites. The inclusion of a link to a Third-Party Site on the Services does not imply endorsement by Joshua IP of the Third-Party Site. You acknowledge that you bear all risks associated with access to and use of any content or services provided by or through any Third-Party Sites and agree that Joshua IP is not responsible for any loss or damage of any sort you may incur in connection therewith.
CONTENT SUPPLIED BY YOU
Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
Your rights: Unless otherwise agreed in writing, you retain any intellectual property rights (e.g., copyright and trademark) that that you may have to Your Content.
Permissions you grant us: In order to provide you with our Services and to improve and expand those Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Your Content.
Removal: Joshua IP may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Joshua IP) does not impact any rights you granted to Joshua IP in Your Content under these terms.
You agree not to engage in any of the following activities:
Violating laws and rights:
- You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
- You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
- You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
- You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, pornographic, sexually explicit, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
- You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
False or misleading information:
- You may not post or transmit Content on or through the Services that is misleading, false and/or harmful to others.
Impersonation or unauthorized access:
- You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services; and
- You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
Unauthorized Data Collection and Use:
- You may not copy any of the Content available through the Services without our prior written consent;
- You may not use data available through the Services for any purpose other than accessing the Services; and
- You may not collect or download data from the Services using a robot, spider or other automatic device, process or means of access.
LIMITATION ON USE OF INTAKE FORMS
The intake forms available on or through the Services are for clients and potential clients of Joshua IP and shall only be used for the sole purpose of providing information to Joshua IP. By accessing the intake forms you agree that you are (1) not a competitive business or law firm and (2) that your use of the intake forms will be solely limited to providing information to Joshua IP. You further agree that you will not directly or indirectly copy or reverse engineer any intake form available on or through the Services or assist or encourage any third-party in doing so.
Legal and government fees listed on the Joshua IP Website or otherwise on or through the Services are subject to change without notice. Advertised legal fees will be honored for thirty (30) days from the date an order is placed. We try and maintain current government pricing for common services performed, however, customers/clients are always responsible for the full amount of any government or other out-of-pocket fees incurred by Joshua IP in connection with an order.
Payments made to Joshua IP for services not yet rendered are deposited into an IOTA trust account until such fees are earned. Generally, fees are earned when work starts, when you place a non-refundable order for non-legal services, or you use our document builder to create a document. All payments must be made in United States Dollars (USD).
CANCELLATIONS AND REFUNDS
Flat fee services ordered through the Services may be cancelled any time prior to when Joshua IP begins working on the order. Once we begin working on a legal matter offered at a flat fee, the fee is earned. If you pre-paid any out-of-pocket costs (such as USPTO filing fees) to us and we have not yet incurred such costs, such pre-paid costs will be returned to you.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) ARE PROVIDED AS-IS AND AS-AVAILABLE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, JOSHUA IP AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELLY, THE “DISCLAIMING PARTIES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, NEITHER JOSHUA IP NOR ANY OTHER DISCLAIMING PARTIES, REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY JOSHUA IP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JOSHUA IP DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JOSHUA IP, OR ANY DISCLAIMING PARTY, BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PERSONAL INJURY OR DEATH, HEALTH OR MEDICAL EXPENSES, MENTAL OR EMOTIONAL DISTRESS, PAIN AND SUFFERING, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF JOSHUA IP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JOSHUA IP AND ANY OTHER DISCLAIMING PARTY ARE NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent authorized by law, you agree to indemnify and hold harmless Joshua IP, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.
All text, graphics, information, content, and other material displayed on or that can be accessed through the Services are protected by copyrights, trademarks, servicemarks, or other proprietary rights which are either owned by Joshua IP, or owned by other parties who have granted Joshua IP a license for such use. You shall not delete or alter any copyright, trademark or other proprietary rights notices from such materials or any other materials available through the Services. No right, title or interest in or to the Services or any content available through the Services is transferred to you, and all rights not expressly granted herein are reserved by Joshua IP. You may not copy, reproduce or otherwise use any such materials except as permitted under these Terms or with the prior written permission of Joshua IP.
Joshua IP respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.
It is the policy of Joshua IP to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, when it is under its control, Joshua IP will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will also terminate access for repeat infringers.
If you believe that a copyrighted work has been copied and is accessible on our site in a way that constitutes copyright infringement, you may notify us by providing our registered copyright agent with the following information:
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Notices of claimed infringement should be directed to firstname.lastname@example.org or can be reported using our infringement reporting form here. When Joshua IP removes or disables access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. Any and all counter notifications submitted by the user will be furnished to the complaining party. Joshua IP will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before replacing or restoring access to any material as a result of any counter notification.
Joshua IP may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Joshua IP at any time and for any reason.
Automatic termination: Your right to access and use the Services shall also automatically terminate upon your breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations also survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license.
Captions: The captions or headings in these Terms are made for convenience and general reference only and shall not be construed to describe, define or limit the scope or intent of the provisions of the Terms.
Choice of law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws.
Dispute resolution: The parties agree that any disputes between Joshua IP and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the Southern District of Florida and you hereby consent to the exclusive personal jurisdiction and venue of such courts. If you become a client of Joshua IP, then dispute resolution terms in any engagement agreement between Joshua IP and you shall govern in lieu of the dispute resolution language set forth herein.
- If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding its choice of law rules).
No waiver: Joshua IP’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right. No waiver of any provision of this Agreement shall be effective unless in writing.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions, and such invalid or unenforceable provision shall be modified to the extent required to make it valid and enforceable to the maximum extent possible.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Joshua IP as a result of the Terms or from your use of any of the Services.
Integration: These Master Terms, any applicable Additional Terms and any applicable Engagement Agreement, constitute the entire agreement between you and Joshua IP relating to this subject matter and supersede any and all prior communications and/or agreements between you and Joshua IP relating to access and use of the Services.