Terms of Use

Who May Use this Website

This site may not be used by publishers, their employees, associates, affiliates, agents, and assignees. Such use requires prior written authorization from the owner.

This site may be used by law firms, profit and not for profit associations, government agencies, universities and other schools and individuals for research and/or reference purposes related to actual registered marks or applications for registrations.  No information found on the site may be copied or otherwise reproduced without express written consent from the owner.

By agreeing to this policy and using the site, you agree that you will not use the site to develop or maintain goods or services that compete with the book or the services provided and/or advertised on the site.

Communications with Users

If you use this site, we may send you e-mail offers related to the content on this site.  These may include, for example, information concerning other resources related to trademarks.  At any time, you may request to be removed from the list used for such offers.  (Please note that we have never sent such marketing-related messages to date and have no plans to do so.  Moreover, should we do so in the future, these messages would primarily be intended as a courtesy to our readers and users who may benefit from offers such as discounts on related publications provided by third party publishers).

Privacy Policy

By using this site, you agree to our privacy policy.  Since we are not responsible for the privacy practices or the content of any other websites to which we link, you should review the privacy policy at each of these sites before providing any information.

Our Warranties and Disclaimers

We work diligently to maintain the accuracy of the information provided on the website and in the publication referenced on the website. However, readers are urged to independently research matters of specific interest and to obtain expert guidance where appropriate.  Although we provide our services using a commercially reasonable level of skill and care and we hope that you will enjoy using them, there are certain things that we do not promise about our services.  The services are provided “as is” and we do not guarantee the specific functions of the services, their reliability, availability, or their ability to meet your needs.  We also do not provide ANY warranty and exclude such warranties to the extent permitted by law.  This includes but is not limited to the implied warranty of merchantability, fitness for a particular purpose, and non-infringement.  We are not responsible for lost profits, revenues, or data, financial losses due to indirect, special, consequential, exemplary, or punitive damages.  To the extent permitted by law, our total liability, including that of our publisher(s), contributors, interns, assistants, and editor(s), for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you with the services again).  In all cases, neither we nor our associates, principal(s) and/or agents will be liable for any loss or damage that is not reasonably foreseeable.

Injunctive Relief

You acknowledge and agree that the copying, disclosure or use of the content of the site or any information, materials or services provided hereunder in a manner inconsistent with any provision of this Agreement shall cause irreparable injury to the content provider for which we will not have an adequate remedy at law. Accordingly, we shall be entitled to equitable relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions.

Security

We take precautions to protect personal data from loss, misuse, tampering, destruction and unauthorized access.

Contributor Access

Upon request and consistent with any applicable contractual commitments, we may permit contributors to access their personal data and to correct any erroneous information. The individual may need to provide sufficient identifying information. Such access may be denied or limited, however, if providing such access is unreasonably burdensome, expensive under the circumstances, and/or if giving access to such information would violate another person’s rights.

Modification and Amendment

We may modify or amend these terms and our privacy policy from time to time by posting a revised policy on the site.

Entire Agreement; Amendment

This Agreement represents the complete, final and exclusive agreement concerning the subject matter hereof. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. This Agreement may not be amended in whole or in part except by written amendment entered into by authorized representatives of the parties.

Waiver

A waiver of any default hereunder or of any of the terms and conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed.

Governing Law and Language

This Agreement shall be governed by Virginia law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions and the laws of the United States. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English. Unless the law applicable to you provides otherwise, the official text of this Agreement is in the English language and any interpretation or construction of this Agreement will be based thereon. In the event that this Agreement or any documents or notices related to it are translated into another language, the English version will control unless the law applicable to you provides otherwise.

Jurisdiction

You hereby submit to the exclusive jurisdiction of, and waive any venue objections against, the courts of Virginia and/or the United States District Court in Alexandria, Virginia with respect to any dispute arising out of this Agreement.  Notwithstanding the above, we may obtain preliminary or permanent injunctive relief from any court of competent jurisdiction worldwide.

Severability

If a competent court holds any provision of this Agreement illegal, invalid or unenforceable in whole or in part under applicable law such provision or such portion thereof shall be ineffective as to the jurisdiction in which such court is located to the extent of its illegality, invalidity or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity or enforceability of such provision or of any other provisions of this Agreement in any other jurisdiction.

Force Majeure

Except for the obligation to pay license fees, neither party shall be liable for any failure or delay in performance under this Agreement which might be due in whole or in part, directly or indirectly, to any contingency, delay, failure, or cause of, any nature beyond the reasonable control of such party. Such causes include, without in any way limiting the generality of the foregoing, fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, power outage, strike, lockout, unavailability of components, activities of a combination of workmen or other labor difficulties, war, act of terrorism, insurrection, riot, act of God or the public enemy, law, act, order, export control regulation, proclamation decree, regulation, ordinance, or instructions of Government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of this Agreement).