Last Modified: July 16, 2024
Acceptance of the Terms of Use
These terms of use (“Terms of Use”) are entered into by and between you and Washington IP & Entertainment Law, PLLC dba Brandme (“Brandme”). Together with any documents they expressly incorporate by reference, they govern your access to, and use of, whether as a guest or registered user, the website at www.brandme.biz, related mobile application and content provided by either you or Brandme (collectively, the “Website”).
Please read these Terms of Use carefully before you visit or otherwise use the Website. By visiting or otherwise using the Website, you accept and agree to be bound to these Terms of Use and associated privacy policies, all of which are incorporated by reference. If you do not agree to these Terms of Use, you must not visit or use the Website.
Attorney-Client Relationship
Upon payment by you for services offered hereunder, an attorney-client relationship is formed between you and Washington IP & Entertainment Law, PLLC dba Brandme, a duly licensed law firm based in and governed by the laws of the State of New York. The attorney-client relationship is more fully described in the Legal Representation (Engagement Agreement) section at the “Checkout” page.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all visits to, and use of the Website, thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. Please check these Terms of Use from time to for the latest effective version.
Updates
It is our expectation that the Website will be continually updated. We reserve the right to remove or delete any service or materials we provide on the Website, in our sole discretion, without notice.
Registering for an Account
Brandme allows you to create a unique account to access our services. Although the creation of an account will not be necessary to use most of our services, you may need to create an account to take advantage of special offers.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We cannot be held liable for any of your actions or omissions, including any damages incurred due to such actions or omissions.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We reserve the right to suspend, disable, or delete your account (or any portion thereof) if we determine that you have violated any of the provisions of this Agreement or if your conduct or content could potentially damage our reputation and goodwill. If your account is deleted for the aforementioned reasons, you are not allowed to re-register for our services, and we may block your email address and internet protocol address to prevent any further registrations.
Brandme will not be liable should any part of the Website be unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
Billing
You are responsible for paying all fees or charges related to your account as described in the order form generated at the “Checkout” screen, which aligns with your service/product selections (the “Order Form”), and which reflects the current fees, charges, and billing terms. To ensure the security of sensitive and private data exchanged between you and the Website, all communication is encrypted and protected with digital signatures through a SSL secured communication channel. In cases where Brandme determines that your purchase poses a high risk transaction, we may request that you provide us with a copy of your valid government-issued photo identification and possibly a recent bank statement for the credit or debit card used for the purchase.
Brandme reserves the right to modify the products/services and pricing at any time and may refuse any order that you place. We may also, at our discretion, limit or cancel quantities purchased per person, household, or order, including orders placed under the same customer account, credit card, or billing/shipping address. If we make any changes to or cancel an order, we will attempt to notify you by using the email and/or billing address/phone number provided at the time of the order.
Intellectual Property Rights
As between you and Brandme, the Website and its contents, features, and functions are the property of Brandme, its licensors, or other providers of material and are protected by United States and international copyright, trademark, patent, trade secret, design right and other intellectual property or proprietary rights laws. Except as otherwise expressly permitted by us, you may not yourself or permit others to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any portion of the Website. If we shall permit any copying or retransmission of any portion of the Website at any time, that copying and retransmission may only be made with all intellectual-property notices and attributions provided by us as to any such portion.
Permitted Uses
The Website is solely provided for personal use to register, monitor, and enforce intellectual property rights. You may not use the Website or its contents for commercial purposes.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@brandme.biz.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Brandme. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material or other solicitation.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Brandme or users of the Website, or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
- To use any manual process or robot, spider, or other automatic device, process to interfere with, or monitor the use by others, of any portion of the Website.
- To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any portion of the Website.
- To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- To otherwise attempt to interfere with the proper working of the Website.
- To distribute, upload, or display any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- To promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- To violate the legal rights (including the rights of publicity and privacy) of others.
- To promote any illegal activity, or advocate, promote, or assist any unlawful act.
- To impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Without limitation, we have the right to: (a) remove or refuse to permit the posting of any User Contributions for any or no reason in our sole discretion; and (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. Should we come to believe you have done any of the foregoing or otherwise violated these Terms of Service, we reserve the right to deny you further access to the Website, or your personal account, without prior notice.
User Contributions
At various times, the Website may contain facilities for user-provided content, including, without limitation, a facility to cache portions of the Website temporarily and distribute them to a limited set of recipients solely for scholarly or educational purposes. Any material authored by, or provided by, any user (a “User Contribution”) must comply with the following standards and conditions:
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use such material for the limited purpose of effectuating the matter for which payment has been made by you.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
For avoidance of doubt, all intellectual property uploaded to the site by you, as between you and Brandme, shall remain your exclusive property.
DMCA
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Digital Millennium Copyright Act (“DMCA”) designated agent the written information specified below: • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed upon; • A description where the material that you claim is infringing is located on the site; • Your address, telephone number, and email 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. Our copyright agent for notice of claims of copyright infringement on the Site can be reached at: support@brandme.biz.
Monitoring and Enforcement; Termination
By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that: (a) you own or control all rights to your User Contributions and have the right to post or include them and to grant us the foregoing rights, without infringement upon, or violation of, the rights of others, and (b) all of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Brandme, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Brandme, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Brandme. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our privacy polices. By using the Website, you consent to all actions taken by us with respect to your information in compliance with our privacy policies.
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods/services or information formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BRANDME NOR ANY PERSON ASSOCIATED WITH BRANDME MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BRANDME NOR ANYONE ASSOCIATED WITH BRANDME REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, BRANDME HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BRANDME, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Brandme, its principals, officers, directors, employees, affiliates, licensors, service providers, agents and representatives and their respective principals, officers, directors and employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and disbursements) arising out of, or relating to, any violation of these Terms of Use or your use of the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising from or related to them shall be governed by and construed in accordance with the internal laws of the State of New York, USA, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted and maintained exclusively in the federal courts of the United States of America or the courts of the State of New York, USA in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Brandme’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website to final and binding arbitration under the Rules of Arbitration of the International Institute for Conflict Prevention & Resolution, Inc., applying the law of the State of New York (without regard to its conflict of laws principles).
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Brandme of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Brandme to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
Brandme’s privacy policies, Terms of Sale, Legal Engagement Representation Policy, which, as updated, are each incorporated by reference herein, constitute the sole and entire agreement between you and Washington IP & Entertainment Law, PLLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Washington IP & Entertainment Law, PLLC, 518 W. 181st Street #527, New York, New York 10001.
All other comments, requests for technical support, and other communications relating to the Website should be directed to: support@brandme.biz