Terms of Service

THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AS AN INDIVIDUAL OR AN ENTITY) AND UMARK INC. REGARDING THE USE OF UMARK’S SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. BEFORE YOU AGREE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY AGREEING, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT PROCEED TO CHECKOUT.

OVERVIEW

This Terms of Service Agreement (this "Agreement") is entered into by and between Umark Inc., a Canadian Corporation ("Umark") and you, and is effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Umark's trademark filing services, as offered on the website www.umark.ca (the "Trademark Filing" or the "Services").

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) Umark’s website Terms of Use, and (ii) disclaimers, limitations and other restrictions presented to you on the Umark website www.umark.ca (the “Site”), both (i) and (ii) of which are incorporated herein by reference.

The terms "we", "us" or "our" shall refer to Umark. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

You acknowledge and agree that (i) Umark, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon notification to you or upon posting to this Site, and (ii) your use of the Site or the Services found at the Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, Umark may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your email address current. Umark assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

Umark uses the services of a Canadian trademark agent (“Agent”) registered with the Canadian Intellectual Property Office (“CIPO”). The Agent is a person who is qualified to act in matters involving Canadian trademark law and practice. You acknowledge and agree that Umark is bound by an agreement with its Agent. You acknowledge and agree that Umark may modify this Agreement in order to comply with its agreement with its Agent, as well as any other terms and conditions set forth by CIPO.

In addition to Trademark Filing, we may offer a variety of products and/or services that can be added to your Trademark Filing. Your purchase and use of each additional product is also subject to the terms and conditions as set forth in this Agreement

SEARCH RESULTS

Search results are not guaranteed to be correct. Umark does not warrant the accuracy of the information contained within the database and recent updates, corrections or changes may not be included. As a result, the database used is for information purposes only. Business decisions should not be made based on this search alone.

We only act as transmitters of information. Umark, its contractors, agents, employees, officers, directors and affiliates, are neither responsible nor liable in any way for correctness of search results. Umark is not a law firm and will not give you legal advice regarding the search results however we do contract out to a Canadian trademark lawyer or agent to review and file your application. This trademark lawyer or agent uses the limited information you provide to file your application as he/she suggests based on his/her experience. Ideally, you should consult with a trademark lawyer to provide them with additional information to receive legal advice. Umark is not a substitute for a lawyer, but an alternative that gives you an additional layer of review from someone who has significant trademark filing experience.

NOT LAWYERS

Umark does not represent any clients as it is not a lawyer, law firm, legal services provider, or a legal referral service. Clients form attorney-client relationships directly with law firms, not with Umark. If you agree to have Ron Toledano continue on as your Agent of Record after the trademark has been filed with CIPO, this may form an attorney-client relationship with Ron Toledano on a going-forward basis. We ask that you speak with Ron Toledano about this for further clarification.

The Site is for educational information only and does not constitute legal advice, and no attorney-client relationship is formed from any unsolicited information or inquiry. A lawyer-client relationship will only be formed between Ron Toledano and you, if you request and he agrees to be engaged by you, and you accept the terms of that engagement.

Umark is not a lawyer, law firm nor a substitute for a lawyer. The information provided in the Umark site is not legal advice. Umark is a technology company who provides Trademark Filing services by contracting out trademark lawyers and/or agents. By using Umark, you agree:

  • You are encouraged to consult with an attorney in your local geography for legal advice.
  • No attorney-client privilege is created with Umark.
  • Any legal products and/or services provided by Ron Toledano are conducted at his sole discretion. It is understood that Umark has no control or involvement in the legal services provided by Ron Toledano.
  • You agree that where your legal filing is considered an urgent matter and/or requires immediate action, you will not utilize the services of Umark or Ron Toledano.
  • You will not use the legal products and/or services of Ron Toledano for any trademark filings, where ownership of the trademark at-issue is currently in dispute or in question with a third-party.
  • You agree that regardless of where you reside, your use of the Umark website occurs solely within the Province of Quebec, and that all content and services shall be deemed to be served from Quebec, Canada, as if you had physically traveled there to obtain the service. You hereby agree that Quebec law shall govern any disputes arising from your use of the website.
ORDERS AND EMAIL

An order is placed at the time it is submitted to Umark via the Internet. The order will be processed once payment is confirmed. Your order may not be modified after it is submitted, except upon prior authorization by Umark. No refunds are available after Umark files your application.

By submitting your order, you warrant that you are the owner of the trademark indicated and have all necessary rights to use the mark in Canada as you described in the goods and services.

Results of most orders are delivered via email. Please note that we have no way to verify if you have entered a valid email address and we do not have any control over the delivery of email messages. Your order will be deemed completed at the time when we send you email notice. It is your responsibility to contact Umark if you have not received any communication within a few days of placing your order. We may not monitor nor take any action with respect to any returned or rejected emails and we are not responsible for any lost or undeliverable emails. You agree that you are responsible for ensuring that any email address that you give us is accurate and up to date, and will immediately provide us with any changes to your email address.

FILING THE APPLICATION

Umark will take the information you provide and send the information to the Agent of its choice. The Agent will use his/her discretion to file the application as he/she best sees fit based on the information you submitted through the Umark site. You agree to accept 100% responsibility if the information you provide infringes any third party rights or contains errors and/or omissions. The Agent does not and will not verify if the information you provide is accurate.

You acknowledge that neither Umark, nor its Agent are responsible in the event that the trademark application is (a) rejected or refused by CIPO, (b) objected to by an examiner, or (c) opposed by a third party. You also relieve Umark and its Agent of any responsibility for failure or delay by you to respond to any requests for additional information.

If you choose to have Umark file your application and do not choose the option to have Ron Toledano, or any other Umark Agent continue as your Agent of Record, you agree to act as your own lawyer to prosecute the application. Under such circumstances, the Umark Agent will withdraw from your application leaving you solely responsible to respond to requests and office actions of CIPO. If after filing the application you reconsider and wish to have Ron Toledano continue on as Agent of Record, additional fees may apply. Please consult with him directly.

Neither Umark nor its employees, directors, agents or representatives makes any representation, express or implied, as to the possible legal or other consequences arising from the use of the Services.

EXAMINER REFUSALS

You agree that, if the trademark application is challenged by CIPO or any third party, you will indemnify and hold harmless Umark, its agents, contractors, directors, officers and employees. You understand that your trademark application is subject to various levels of scrutiny, including without limitation, objections raised by the trademark examiner assigned to the file, third party objections and concerns raised by the Registrar of Trademarks.

You acknowledge and understand that the Services provided may not lead to the registration of the trademark with CIPO. Neither Umark nor its affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) are responsible or liable to you for any refusal by CIPO to register your trademark. You agree that use of the Service is at your sole risk and Umark hereby disclaims any and all liability to you for any loss or liability relating to such Service.

OPPOSITIONS

Once your trademark has been published, it can be opposed by anyone with valid reasons (“Oppositions”). Oppositions are complicated and are much like court proceedings. To respond to Oppositions, or if you want our help to oppose someone else’s trademark, Ron Toledano charges on an hourly-rate basis. Please consult separately with him for additional information on Oppositions.For the purpose of clarity, none of the fees and costs indicated on the Site include the costs of defending Oppositions or opposing third party applications.

FEES AND PAYMENTS

You agree to pay any and all prices and fees (including any filing fees required by CIPO) due for Services purchased at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Umark expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased ongoing Services, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

No fees paid to CIPO can be refunded under any circumstances. All fees paid by you to Umark are fully earned once the order is submitted.

If you decide to cancel an order, you will be entitled only to receive a refund for government filing fees that have not yet been paid to the government. Once government fees have been paid, no refund is possible. Where refunds are issued (at Umark’s sole discretion), Umark's issuance of a refund receipt is confirmation that Umark has submitted your refund to the Payment Method (as defined below) charged at the time of the original sale. You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund. Refund posting time frames may range from five (5) business days to a full billing cycle.

You may pay for Services by providing a valid credit card (each, a "Payment Method"). If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.

YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND UMARK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

If for any reason Umark is unable to charge your Payment Method for the full amount owed for the Services provided, or if Umark is charged a penalty for any fee it previously charged to your Payment Method, you agree that Umark may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason Umark is unable to charge your credit card with the full amount owed for the Services provided, or if Umark is charged back for any fee it previously charged to the credit card you provided, you agree that Umark may pursue all available lawful remedies in order to obtain payment. You agree that the remedies Umark may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any trademark application and/or Services registered or renewed on your behalf. Umark reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks Umark may perform outside the normal scope of its Services, (ii) additional time and/or costs Umark may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Umark in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers, fees incurred as the result of chargebacks or other payment disputes brought by you or your bank, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with Umark.

Umark may, in its sole discretion, offer pricing in various currencies; however, transaction processing is supported only in Canadian dollars unless a select number of currency options are also displayed on the Site ("Supported Currency" or "Supported Currencies"). If an option is provided and the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in Canadian dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Umark makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), Provincial Sales Tax, Harmonized Tax or other localized fees and/or taxes, based on your bank and/or the province/country indicated in your billing address section.Umark does not offer trademark registration services. You agree that Umark will not be responsible for cancelled registrations that you fail to renew.

UMARK RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

TERM OF AGREEMENT

The term of this Agreement shall continue in full force and effect as long as you have filed a trademark application through Umark.

You agree that Umark shall not be bound by (i) any representations made by third parties who you may use to purchase services from Umark, or (ii) any statements of a general nature, which may be posted on Umark's website or contained in Umark's promotional materials.

UP TO DATE INFORMATION; USE OF INFORMATION AND EXPIRATION

You agree to: (a) provide true, accurate, current and complete information about yourself and your company, if applicable, as prompted by any registration form(s); and (b) maintain and promptly update the data to keep it true, accurate, current and complete. You agree to notify Umark within three (3) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Umark with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement. Failure by you, for whatever reason, to respond within three (3) business days to any inquiries made by Umark, shall also be considered to be a material breach of this Agreement and a basis for terminating the Agreement. You agree to retain a copy for your record of the receipt for purchase of your trademark application.

You agree that for each trademark application registered by you, the following contact data is required: Full name of individual (if not owned by a company), full name of company and contact person (if owned by a company), postal address, email address and telephone number. You must also provide a Canadian address or agree for Ron Toledano to act as your Representative for Service.

You acknowledge and agree that Umark requires that this contact information, in whole or in part, be shared with CIPO. As required by CIPO, this information must also be made publicly available by means of the Canadian Trademark Database, the Trademark Journal and other public databases. Both Umark and CIPO may be required to archive this information with a third-party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure.

You agree that for each trademark application registered by you the following information will be made publicly available as determined by CIPO:

  • The trademark application and name of agent filing on your behalf;
  • Your name and postal address;
  • The name, email address, postal address for contacts;
  • The original date of filing, the registration date and any expiration, abandonment, expungement or office action date;
  • To the extent permitted by privacy laws, Umark may make free use of the publicly available information you provided during the registration process. You also agree to obtain consent, and evidence of consent, from those individuals or companies that may have rights in the trademarks you are asking Umark to file applications for.
DISPUTES

You agree that if a dispute arises as a result of one (1) or more trademark applications you have filed using Umark, you will indemnify, defend and hold Umark harmless as provided for in this Agreement. You also agree that if Umark is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a trademark application filed using Umark, that Umark, in its sole discretion, may take whatever action Umark deems necessary regarding further modification, assignment of and/or control of the trademark application deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold Umark harmless for any action taken by Umark.

You agree to submit, without prejudice to other potentially applicable jurisdictions, beginning with the jurisdiction of the courts (1) where Umark is located; and (2) of your domicile.

TRANSFER OF TRADEMARK APPLICATIONS

You agree that you have the lawful right to file and register the trademark submitted to Umark for filing. If, for any reason, you wish to assign or transfer any trademark application, you understand that you should contact an attorney to manage such assignment on your behalf and you should expect additional fees to be charged by the attorney.

YOUR OBLIGATIONS; SUSPENSION OF SERVICES; BREACH OF AGREEMENT

You represent and warrant to the best of your knowledge that, neither the Trademark Filing of the application or the registration of the mark, nor the manner it is directly or indirectly used, infringes the legal rights of any third party. You will comply with all applicable laws, including, but not limited to those relating to privacy. You will indemnify and hold harmless the Agent and Umark, its directors, officers, employees and agents, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to the Trademark Filing. This obligation shall survive expiration or termination of this Agreement and the Trademark Filing.

You agree that, in addition to other events set forth in this Agreement:

  • Your ability to use any of the services provided by Umark is subject to cancellation or
  • Your filing of any trademark applications may be subject to cancellation or abandonment suspension in the event there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by CIPO;pursuant to any CIPO policy, or pursuant to any Umark procedure not inconsistent with a CIPO adopted specification or policy.

You acknowledge and agree that Umark and CIPO reserves the right to deny filing any application, as either deems necessary, in the unlimited and sole discretion of Umark or CIPO: (i) to comply with regulations adopted by the Canadian government or CIPO, (ii) to correct mistakes, (iii) for the non-payment of fees, (iv) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, (v) to avoid any liability, civil or criminal, on the part of CIPO or Umark, as well as its affiliates, subsidiaries, officers, directors, and employees, or (vi) per the terms of this Agreement.

You agree that your failure to comply completely with the terms and conditions of this Agreement and/or any Umark rule or policy may be considered by Umark to be a material breach of this Agreement and Umark may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide Umark with material evidence that you have not breached your obligations to Umark within ten (10) business days, Umark may terminate its relationship with you and take any remedial action available to Umark under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, cancelling the trademark application(s) and discontinuing any services provided by Umark to you. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.

Umark's failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.

RESTRICTION OF SERVICES; RIGHT OF REFUSAL

You hereby certify to the best of your knowledge that (i) the trademark application will be used primarily for bona fide business or commercial purposes and not exclusively for personal use or solely for the purposes of selling, trading or assigning the trademark application for compensation or the unsolicited offering to sell, trade or assign the trademark application for compensation; (ii) the trademark applicant has the authority to enter into this Agreement; and (iii) the trademark is reasonably related to your business or intended commercial purpose at the time of the application.

You agree not to use the services provided by Umark, or to allow or enable others, to use the services provided by Umark for the purposes of filing trademarks that you do not own.

You agree that Umark, in its sole discretion and without liability to you, may refuse to accept to file any trademark application. Umark may also cancel the filing of a trademark application, after thirty (30) days, if that name is being used, as determined by Umark in its sole discretion, for morally objectionable activities. Morally objectionable activities will include, but not be limited to:

  • Activities prohibited by the laws of Canada and/or foreign territories in which you conduct business; and
  • Activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography.

In the event Umark refuses a filing or deletes an existing application filing during the first thirty (30) days after filing, you will receive a refund of any government fees paid in connection with the application either being cancelled or refused. In the event Umark deletes the registration of a trademark application being used in association with morally objectionable activities, no refund will be issued.

WITHDRAWAL FROM APPLICATION

If you choose to have Umark file your application but do not choose the option to have Ron Toledano, or any other Umark Agent continue as your Agent of Record, you agree to act as your own lawyer to prosecute the application on your own. Under such circumstances, once the application has been filed and formalized, the Umark Agent will withdraw from your application leaving you solely responsible to respond to requests and office actions of CIPO and manage any declarations and/or the registration filings.

You agree to indemnify, defend and hold harmless Umark and Ron Toledano, against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your decision not to use Ron Toledano continue on as your Agent of Record. This indemnification requirement shall survive the termination or expiration of the registration agreement.

NO WARRANTY

YOUR USE OF THE UMARK AND RELATED SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, UMARK AND ITS AGENTS AND LAWYERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UMARK MAKES NO WARRANTY THAT: (A) THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN REGISTRATION; (B) THE SITE, SEARCH FUNCTION OR THE FILING 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 SERVICE OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL ORDERED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. USE OF THE SEARCH FEATURE AND USE OF OTHER SERVICES FOUND ON THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. UMARK SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL UMARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, LAWYERS OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR SERVICES AVAILABLE FROM THIS SITE, EVEN IF UMARK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME PROVINCES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Umark, its officers, directors, shareholders, lawyers, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Umark website and/or the filing of your trademark application through Umark.

UNSOLICITED SUBMISSIONS

Umark does not want you to submit confidential or proprietary information to it through this Site, other than materials necessary for the filing of your Canadian trademark application. All comments, feedback, information or material submitted to Umark through or in association with this Site, which is not for the purposes of soliciting legal services of Ron Toledano, shall be considered non-confidential. Umark shall be free to use and/or disseminate details of your application on an unrestricted basis for any reasonable purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

INTELLECTUAL PROPERTY

When accessing Umark’s website(s), you agree to obey the law and you agree to respect the intellectual property rights of others, including without limitation, Umark’s trademarks and copyright. You use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property.

COMPLIANCE WITH EXPORT RESTRICTIONS

You may not access, download, use or export any materials from the Site in violation of Canadian or United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of Canada and the United States and to assume sole responsibility for obtaining licenses to export or re-export as may be required.

MINORS

Minors are not eligible to use the Services or the Site, and we ask that they do not submit any personal information to us.

GOVERNING LAW

This Agreement is governed by and you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the Province of Quebec, excluding its choice of law rules. Any legal action or proceeding relating to this Agreement and/or your request for Umark to file your trademark application shall be brought to the Quebec Courts located in the District of Montreal. You and Umark agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

ACKNOWLEDGEMENT

BY USING UMARK’S SERVICES OR ACCESSING THE UMARK WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

SEVERABILITY AND ENTIRE AGREEMENT

The terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law, to reflect as closely as possible the original intentions of the parties, and the remaining terms and conditions will remain in full force and effect. This Agreement and any supplemental terms, policies, rules and guidelines posted on Umark’s website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

LANGUAGE

The parties acknowledge that they have requested that this Agreement and all documents, notices, correspondence and legal proceedings consequent upon, ancillary hereto, forming part hereof or resulting herefrom be drawn up in the English language. Les parties reconnaissent qu'elles ont exigé que la présente convention ainsi que tout document, avis, correspondance et procédure légale consécutif a, ayant rapport avec, faisant partie ou découlant des présentes, soient rédigés en anglais.

ACCEPTANCE:

You acknowledge that you have read this Agreement and that you accept all of its terms and conditions. You also are not relying on any representation, guarantee or statement, other than the ones set forth above. By using Umark’s services, you automatically accept the terms of this Agreement.

COMMUNICATION:

BY ACCEPTING, you are giving Umark and Ron Toledano express consent to send you commercial messages, including a quote, relating to additional trademark filing services. We don’t want to be unwelcome guests, so you can always unsubscribe from receiving any future correspondence from us.