This is a legal agreement between the person or organization (“you” or “your”) accessing or using the website at “trademasters.com” (the “Website”) and Trademasters Service, Inc. (“Trademasters” or “our”). If you access or use the Website or any of our online services and related Services and documentation (the “Services”), you agree that you are bound by the terms and conditions of this Terms of Use (the “Agreement”) and that you will comply with this Agreement. If you are using the Website or Services on behalf of your employer, you represent that you are authorized to accept this Agreement on your employer’s behalf. Please read this document carefully. If you do not agree to be bound by this Agreement, please cease accessing and using the Website and Services.

1.PROPRIETARY NOTICES

The Website and the Services are copyright © Trademasters Service, Inc., 7208 Lockport Pl., Lorton, VA 22079. All rights reserved. The trademarks, logos, service marks and trade names identifying or used in connection with Trademasters’s business appearing on the Website whether or not registered are the sole property of Trademasters and/or its licensors. Other brand and product names are trademarks of their respective companies.

2.User Representations

You represent and warrant to Trademasters that: (a) you are over the age of eighteen (18); (b) all information provided by you to Trademasters is truthful, accurate and complete, including any registration information (without limitation, your name, address, email address and telephone number); and (c) you shall comply with this Agreement.

3. GRANT OF LICENSE

Trademasters hereby grants to you a limited, non-exclusive, nontransferable license to access and use the Website and the Services in accordance with this Agreement.

4. OWNERSHIP

All copies of the Website and the Services, including all revisions and updates, are the property of Trademasters, and no title or ownership of the Website or the Services is transferred under this Agreement.

5. PROTECTING PROPRIETARY INFORMATION IN THE SERVICES

You shall not reverse engineer, modify, adapt, translate, distribute, network, lease, resell, or create derivative works based upon the Services or any portion thereof.

6. RESTRICTIONS

You agree not to use the Website or the Services to (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, services or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts accessing or using the Website or the Services or any computer network operated by Trademasters; (g) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by Trademasters to be in conflict with the intent or spirit of this Agreement.

7. Accounts, Passwords and Security

If the Website or Services requires you to open an account, you must complete the registration process by providing and maintaining current, accurate and complete information as requested on the applicable registration form, and maintaining the strict confidentiality of any password. You are the only person authorized to use your login information, and you are solely responsible for maintaining the confidentiality of your password(s). You are fully responsible for all activities that occur through the use of your account and password. You agree to notify Trademasters immediately of any unauthorized use of your account or password or any other breach of security. Trademasters is not responsible or liable for any loss or damage that may occur as a result of someone else using your password or account, either with or without your knowledge. Trademasters reserves the right to terminate your access to the Website and Services should Trademasters in its sole discretion consider your use of the Website and Services to be inappropriate in any way.

8. Links to Third-Party Websites

Any links to third-party websites found within the Website are provided solely as an added convenience to you. Trademasters has neither reviewed the contents of these third-party websites nor does Trademasters claim any responsibility for the content or suitability of these third-party websites and Trademasters makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of pages access by such links. The inclusion of links does not imply endorsement of the third-party websites by Trademasters or any association with their operators.

9. Third-Party Materials on this Website

The Website and the Services may contain materials from third parties (“Third-Party Materials”). Access and use of Third-Party Materials are subject to the warranties, limitations of liability and other terms and conditions set forth in this Agreement.

10. TERM AND TERMINATION

This Agreement and the license granted hereunder shall take effect upon you accessing, downloading or using this Website or the Services and shall continue in full force until terminated. You may terminate this Agreement for any reason upon prior written notice to Trademasters. Trademasters reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Website or the Services; (b) suspend access to or use of all or any portion of the Website or the Services; and (c) terminate this Agreement.

11. NO WARRANTY.

Trademasters grants no warranty regarding the Website OR THE Services, which ARE provided “AS IS.” TRADEMASTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND NONINFRINGEMENT, REGARDING THE WEBSITE AND THE SERVICES. ACCESS TO, DOWNLOADING OF AND USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. TRADEMASTERS DOES NOT WARRANT THAT ACCESS TO, DOWNLOADING OF OR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES TRADEMASTERS MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. 

12. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL TRADEMASTERS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER OR NOT TRADEMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT OR THE ACCESS TO, DOWNLOADOING OF OR USE OF THE WEBSITE OR THE SERVICES.

13. INDEMNIFICATION

You agree to indemnify, hold harmless and defend Trademasters, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to any unacceptable use of the Website or the Services, including, without limitation, any conduct prohibited pursuant to Section 6 above.

14. ARBITRATION OF DISPUTES

Any dispute or controversy arising under, out of, or in connection with or in relation to this Agreement, our Privacy Policy, or the Services, or the breach thereof ( “Disputes”), shall be determined and settled by binding arbitration, by a single arbitrator, to be held in Fairfax, Virginia, in accordance with the rules of the American Arbitration Association then in effect. You and Trademasters agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action and the arbitrator may not consolidate more than one person’s claims and may not preside over any form of class action proceeding. Any award rendered in such arbitration shall be final and binding on each and all of the parties, and judgment may be entered thereon in a court of competent jurisdiction pursuant to Section 15.

15. GENERAL

This Agreement constitutes the complete and exclusive statement of the agreement between the parties related to the subject matter hereof. All other communications or negotiations, whether written or oral, are hereby waived. This Agreement and all matters related to the access to, downloading of and use of the Website and the Services shall be governed by U.S. federal law and the laws of the State of Virginia and any court proceeding relating thereto shall be instituted in a state or federal court in Virginia. You and Trademasters agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any court proceeding. Trademasters’s rights granted by this Agreement are cumulative and in addition to any rights it may have at law or equity. If any provision of this Agreement is determined to be unenforceable or invalid, the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect. The parties agree that the Virginia Uniform Computer Information Transactions Act shall not apply to nor govern in any way this Agreement and the license hereunder.

16. CHANGES TO THIS AGREEMENT

Trademasters may amend this Agreement at any time by revising the contents of this web page. If you continue to access or use the Website or the Services, please periodically review this Agreement. By accessing or using the Website or the Services you are deemed to have agreed to all of the terms and conditions of the most recent version of this Agreement. Any waiver of this Agreement must be made in writing and signed by an authorized representative of both parties.

17. QUESTIONS

If you have any questions concerning the Website or the usage or licensing of the Services, copyrighted materials, trademarks or any other questions regarding the Agreement, please contact Trademasters by mail at 7208 Lockport Pl., Lorton, VA 22079 or by email at help@trademasters.com.