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THIS
SITE AND ITS SERVICES ARE PROVIDED
ON AN "AS IS" BASIS. ipsearches.com MAKES NO OTHER REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION: |
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THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT; |
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THAT
THE SITE OR THE SERVICES WILL MEET
YOUR REQUIREMENTS, WILL ALWAYS BE
AVAILABLE, ACCESSIBLE, UNINTERRUPTED,
TIMELY, SECURE OR OPERATE WITHOUT
ERROR; |
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ANY
OBLIGATION, LIABILITY, RIGHT, CLAIM
OR REMEDY IN TORT, WHETHER OR NOT
ARISING FROM THE NEGLIGENCE OF ipsearches.com |
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THE arches.com EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES AND/OR CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE SERVICES IT
PROVIDES PURSUANT TO THIS AGREEMENT.
ALL SERVICES ARE PROVIDED "AS-IS."
THE CLIENT'S EXCLUSIVE REMEDY AND ipsearches.com SOLE LIABILITY, IF ANY, SHALL BE
LIMITED TO THE AGGREGATE AMOUNT
OF CHARGES PAID BY YOU TO ipsearches.com FOR THE SPECIFIC SERVICES, WHICH
ARE THE BASIS OF ANY CLAIM (S),
BY YOU. |
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WE DO NOT GUARANTEE
CONTINUOUS, UNINTERRUPTED OR SECURE
ACCESS TO OUR SERVICES, AND OPERATION
OF OUR SITE MAY BE INTERFERED WITH
BY NUMEROUS FACTORS OUTSIDE OF OUR
CONTROL. |
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THE PAYMENTS MADE
TO ipsearches.com FOR PAYING THE
RESPECTIVE OFFICE FEES AND EXPENSES
INCURRED ARE NOT TO BE CALCULATED
FOR THE AGGREGATE FEES PAID TO ipsearches.com AND SHALL BE EXCLUDED FOR THE REFUND
BY ipsearches.com |
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TO THE FULL EXTENT
PERMISSIBLE UNDER APPLICABLE LAW,
ipsearches.com DISCLAIMS ANY AND
ALL SUCH WARRANTIES. |
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| 4) |
Release and Indemnification : |
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YOU
HEREBY RELEASE ipsearches.com (AND ITS AGENTS AND EMPLOYEES)
FROM CLAIMS, DEMANDS AND DAMAGES
(ACTUAL AND CONSEQUENTIAL) OF
EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED,
DISCLOSED AND UNDISCLOSED, ARISING
OUT OF ANY SERVICE PROVIDED BY ipsearches.com |
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THAT YOU ALSO HEREBY EXPRESSLY
AGREES TO INDEMNIFY AND HOLD ipsearches.com AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS
OR OTHER PARTNERS, AND EMPLOYEES,
HARMLESS FROM ANY CLAIM OR DEMAND,
INCLUDING REASONABLE ATTORNEYS'
FEES, MADE BY ANY THIRD PARTY DUE
TO OR ARISING OUT OF CONTENT, WHICH
THE CLIENT MAY SUBMIT, POST, TRANSMIT
OR MAKE AVAILABLE THROUGH THE SERVICE,
CLIENT'S USE OF THE SERVICE, CLIENT'S
CONNECTION TO THE SERVICE, ANY VIOLATION
OF THESE TERMS OF SERVICE BY THE
CLIENT, OR VIOLATION OF ANY RIGHTS
OF ANOTHER BY THE CLIENT BY USING
THE SERVICES OF ipsearches.com OR FURNISHING
ANY INFORMATION TO ipsearches.com |
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| 5) |
Limitation
of Liability : |
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THAT YOU SPECIFICALLY AGREES THAT
NO LIABILITY SHALL ATTACH TO ipsearches.com AND AGREES EXPRESSLY THAT HE SHALL
NOT HAVE ANY CLAIM AGAINST ipsearches.com FOR SERVICES PROVIDED ON ANY GROUND
WHATSOEVER |
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IN NO EVENT SHALL ipsearches.com BE RESPONSIBLE FOR ANY ALLEGED LOSS
OF PROFITS, DAMAGES OR OTHER EXPENSES
ALLEGED TO HAVE BEEN INCURRED BY
CLIENT IN CONNECTION WITH SERVICES
PROVIDED UNDER THIS AGREEMENT. CLIENT
EXPRESSLY WAIVES ANY CLAIMS IN THIS
RESPECT. |
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ipsearches.com WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND INCLUDING WITH OR WITHOUT
LIMITATION DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES,
ARISING OUT OF OR IN CONNECTION
WITH THE PARTICIPATION AGREEMENT,
THE SITE, THE SERVICES, THE INABILITY
TO USE THE SERVICES OR THOSE RESULTING
FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH
THE SERVICES. |
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| 6) |
Compliance laws and
entire agreement. : |
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You shall comply with
all applicable laws, statutes, ordinances
and regulations regarding your use
of our service. |
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| 7) |
No
Agency Relationship. : |
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You and ipsearches.com are independent contractors, and
no agency, partnership, joint venture,
employee-employer or franchiser-franchisee
relationship is intended or created
by this Agreement. |
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| 8) |
Disputes & Arbitration
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That you hereby expressly agrees
that any controversy or claim between
a user and ipsearches.com arising out of, or relating to,
this Agreement ipsearches.com shall be resolved and settled by
mutual consultation and shall be
closed if ipsearches.com makes an offer to refund the aggregate
payments received less expenditure
and the official fees paid by it
to the respective Government offices.
In the event of ipsearches.com offering to and making this refund
of payments as aforementioned, you
further hereby expressly agrees
that any and all rights of client
to initiate any legal action including
arbitration proceedings mentioned
above against ipsearches.com shall be stand terminated and all
your legal claims against ipsearches.com shall be stand exhausted. Any such
controversy or claim shall be arbitrated
on an individual basis, and shall
not be consolidated in any arbitration
with any claim or controversy of
any other party. |
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That
any dispute if it could not be
resolved by mutual consultations
shall be resolved by Arbitration
in accordance with applicable
Law in India. The venue for any
dispute resolution mechanism shall
be in Delhi, India. That you expressly
consents to the Courts in Delhi
jurisdiction, India exercising
personal jurisdiction over Client
in the event of any dispute relating
to this Agreement. |
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| 9) |
Applicability
of Law : |
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The Site and the
Services are arranged, sponsored,
or managed by ipsearches.com in the Delhi India. The laws of
the India shall govern this User
Agreement and all of its terms and
conditions. |
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| 10) |
Understanding
and Agreement. : |
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Subject
to amendment as discussed below,
this Agreement sets forth the entire
understanding and agreement between
us with respect to the subject matter
hereof. |
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11. |
Amendment of this agreement : |
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We
may amend this Agreement at any
time by posting the amended terms
on our site. You may elect to
receive an email update for each
amendment to this Agreement by
clicking the following checkbox.
The amended terms shall automatically
be effective 30 days after they
are initially posted on our site.
This Agreement may not be otherwise
amended except in a writing signed
by both parties. |
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That
you acknowledges that it possesses
a legal and business acumen at
least equal to ipsearches.com that all of the terms of this
Agreement have been fully negotiated;
and, therefore, in the event any
term is determined to be vague
or ambiguous, such term will not
be construed against ipsearches.com because this Agreement is drafted
by the counsel for ipsearches.com |
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If any provisions
of this Agreement are determined
to be illegal or unenforceable,
the remaining provisions shall nevertheless
be binding, with the same force
and effect as if the illegal or
unenforceable parts were deleted. |
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12. |
Breach of Agreement : |
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We
may immediately issue a warning,
temporarily suspend, indefinitely
suspend or terminate your membership,
any of your current auctions,
and any other information you
place on the site if you breach
this Agreement or if we are unable
to verify or authenticate any
information you provide to us. |
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| Service
Conditions |
| The ipsearches.com reserves the right at any time and
from time to time to modify or discontinue,
temporarily or permanently, the
Service (or any part thereof) with
or without notice. The client hereby
expressly agrees that ipsearches.com shall not be liable to you or to
any third party for any modification,
suspension or discontinuance of
the Service except to the extent
of liability as set forth hereinbefore. |
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| Service
Guarantee |
| There
is no guarantee that any courts
or government agencies will accept
any of the information, applications,
or forms provided by ipsearches.com.
There is no guarantee that a customer
will receive favorable results on
that for which they have applied
(such as a trademark registration,
copyright registration, etc.). Documents
and information provided by ipsearches.com do not give
the customer any advantage over
documents and information provided
by any other legal, paralegal or
business information service company,
any other attorney, any other financial
advisor, etc. |
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| Supplementary
Information |
| This site
supplements the information that
you provide with information that
is received from third parties (such
as agents, attorneys or government
entities). The request of and provision
of information is based on the assumption
that all parties involved provide
the required information in a complete
and truthful manner. ipsearches.comcannot
be held responsible for the veracity
and/or reliability of information
provided by the customer or by any
third parties. |
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| Refund
Policy |
Because
we start work immediately, ipsearches.com accepts cancellations (in writing
only) up to 2 hours after receipt
of request. Otherwise no refunds
are given.
If credit card refunds are provided
at a later date, upon mutual agreement
for any reason, credit card clearing
charges, which run at approximately
5%, will be deducted from the amount
refunded.
Due to the sensitive nature of certain
services, an authorizing signature
returned by fax (or mail) may be
required before services begin,
regardless of payment type.
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| Policy
of Mailing |
We
are trying to keep prices so low
is by using the Internet extensively.
The general correspondence will
be conducted as much as possible
through e-mail. If the customer
requires that information be delivered
via a different method, additional
charges may apply. |
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| All forms
will be returned by regular mail
unless the customer expressly requests
courier service. ipsearches.com cannot be held responsible for the
non-delivery of mail, mail returned
to sender, mail being delivered
to the wrong address, slow or late
delivery, or any other disposition
of mail after it has been deposited
in the mailbox (and is thereafter
the responsibility of the Indian
Postal Service). Non-delivery of
mail, etc. does not give thecustomer
the right to a refund since ipsearches.com did perform and submit the work
in good faith. We will, however,
within a reasonable time frame,
provide a second copy of the documents
at no additional charge to the customer
at the customer's request. |
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| ipsearches.com has available the following courier
options: |
| BLAZE
FLASH COURIER Services |
| Note,
that registered mail and other courier
services are NOT available at this
time, at any price. |
If
the customer requests courier
but does not have an account with
one of the courier services listed
above, ipsearches.com will use our own account and charge
the applicable courier charges
plus an additional $5 pick up
fee to the customer's credit card.
For customers who have chosen
other payment methods, payment
in advance is required.
It is the customer's responsibility
to follow up on the receipt of
the requested form / contract
/ application (or e-mail service).
Each service has an estimated
time frame (none of which is longer
than 3 weeks). If the customer
does not receive their information
within a reasonable time (within
this estimated time frame), you
should follow up with ipsearches.com and ipsearches.com is NOT responsible for following
up to insure that the customer
has received their information.
This is the customer's express
responsibility.
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| Maintenance
of file |
ipsearches.com guarantees to keep all files available
for a period of 3 months, copies
to be made available to the customer
in .PDF, e-mail, or MS-WORD formats,
or hard copy via regular mail
(method at our discretion, based
on the size of the file in question)
for a minimum service charge of
$10. For hard copy requirements,
additional charges may apply depending
on the size of the file in question.
After this period of time, they
may be destroyed or moved to an
off premise storage location.
The cost and availability of replacement
documents (after this 3 month
period) will be determined at
the time of the request by ipsearches.com management and will be based on
a variety of internal factors.
No replacement charge, however,
will exceed the original cost
of the service. |
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| Destruction
of File |
| We discarded
information through a regular waste
management service (such as local
garbage pick-up) are considered
to be public domain, ipsearches.com shreds documents (using a cross
cut shredder, not a straight cut
shredder) before discarding them
to protect the private and (at times)
confidential nature of the information
provided to ipsearches.com by our customers during the normal
course of business. |
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| Back-Up
Documents with Samples |
| Please
note that for any service requiring
the customer to submit samples or
back-up documents, in general these
will not be returned to the customer.
Please do not submit any original
documents, send copies only. If,
under special circumstances, a return
of samples or documents is required,
additional handling and mailing
charges may apply. |
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| Typing
of Documents |
| It is
the nature of the forms preparation
business that in the transfer of
data there are occasionally typographical
errors that escape our attention
during review. It is the final responsibility
of the customer to review each and
every form to insure that all the
data has been transferred correctly
and accurately. If you find a typing,
please alert us and we will correct
and resend the applicable form immediately.
Typographical errors are not cause
for a refund of the charges, nor
(necessarily) the resubmission by
courier service at our expense. |
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| Default
of Service |
| ipsearches.com shall not be held liable or considered
in default of its service agreements,
implied or express, when the delay
of performance is caused by circumstances
beyond our reasonable control and
occurring without our fault or negligence,
such as, but not limited to the
following: |
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Failure by third party subcontractors,
suppliers and/or carriers to provide
agreed upon service(s) |
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Problems or failures in accessing
on-line information sources |
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Problems or failures with phone
lines, internet access service,
web site hosting service, or other
third party service providers,
such as, but not limited to the
following: |
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Server failures |
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Software glitches |
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Disputes with copyright
owners |
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Licensor labor disputes |
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Wide spread virus
problems (which may incapacitate
a single computer, the server, or
the internet as a whole) |
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Natural disasters
(earthquakes, hurricanes, floods,
fire) |
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Wars, riots or other
acts of civil or military authorities |
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National emergencies |
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Labor actions against
our company or against any of our
service providers |
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| Security
and Server |
| All personal
and credit card information is processed
through a secure server in an effort
to protect it from falling into
outside hands. ipsearches.com,
however, does not own the server
and cannot be held responsible for
failures on the part of our outside
provider(s) to maintain the privacy
of this information. |
| Confidential
information should not be sent by
e-mail or otherwise through the
Internet. It may not be secure,
may lose its confidential character
and may lose its ability to be protected. |
| In light
of the sensitive nature of certain
information disclosures between ipsearches.com and the customer, e-mail should
not be used to transmit any trade
secret or invention disclosure information
unless encryption, public keys and/or
digital signatures are in use by
all concerned parties - otherwise
send the materials by fax or overnight
mail. However, unless specifically
requested to do otherwise, Mr. Trademark
will consider all information to
be suitable to be sent via e-mail. |
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| The Web Site Contents |
| Comments
and other information presented
in the ipsearches.com web site are generalizations and
may not apply to every situation.
Matter included here may not be
current and is subject to change
without notice. Since ipsearches.com is not an attorney, no attorney
client relationship is established
by the viewing, use, or communication
in any manner through this web site. |
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| Web
Site and its links |
Links
to other web sites are provided
as an added service and convenience
to our customers. ipsearches.com assumes no responsibility for
the accuracy, timeliness or veracity
of the content of linked sites.
Their inclusion does not constitute
an endorsement of or an agreement
with the site or its contents. ipsearches.com is not responsible for their privacy
practices.
It is advisable to consult with
a competent professional before
relying on any written commentary
found anywhere on the Internet.
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| Instructions
for Submissions |
| ipsearches.com is not a law firm and cannot represent
our customers in front of any court
or government institution on their
behalf. Therefore, it is necessary
that all documents be returned to
the customer for proper signature,
and in some cases, additional on
forwarding. |
| The complete,
simple and specific instructions
are included with each service package.
Certain services will require on
forwarding by mail or in person,
sometimes with other specific, personal
documents. Certain services will
require inclusion of additional
fees, generally payable to the county,
state or federal government(s) to
cover their respective handling,
processing or filing fees. These
fees are generally payable by check. |
| ipsearches.com cannot be held responsible for the
failure of the customer (or the
customer's designated recipient)
to follow the instructions provided.
Failure to follow the instructions
could result in the disqualification
or delay of the application and
may result in the forfeiture of
the government (or other) handling,
filing, or processing fees. |
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| Conflicts
of Software / Hardware |
| That
due to the diverse nature of existing
e-mail, word processing, spreadsheet,
internet browser, etc. programs
currently in wide spread use, ipsearches.com cannot be held responsible for problems
arising from interactivity or conversion
conflicts between programs, on any
of our services. If it becomes necessary
to take extraordinary measures to
get the customer their requested
information (if normal means have
proven to be unreliable or unusable),
additional charges to the customer's
account may apply. If ipsearches.com identifies a conflict, we will make
every reasonable effort to alert
customers who might experience problems
from it at the time of ordering.
We are not, however, familiar with
all e-mail providers, Internet providers,
word processing or spreadsheet programs,
etc. and cannot be held responsible
in any manner for the customer's
inability to access forms or information
using e-mail or the Internet. |
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| Improvements
of Web Site and its Updates |
| ipsearches.com is constantly striving to improve
and update the contents and user
friendliness of our site. We welcome
all comments and suggestions from
our customers. Please click here
to contact our web administrator
at info@ipsearches.com |
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