AMPACC TERMS OF USE

Last Updated: August 4, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

AMPACC Law Group, PLLC (“AMPACC”, “we”, “us”, or “our”) is a law firm specializing in intellectual property. By using AMPACC’s websites including sites hosted at ampacc domain names with various extensions such as ampacc.com, ampacc.net (the “AMPACC Websites”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable or if you do not agree to these terms of use, please do not use AMPACC Websites.

YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACT.

Please also refer to the AMPACC Privacy Policy, which is incorporated by reference herein.

Nature of AMPACC Services

AMPACC Websites provide information and services relating to legal matters including intellectual property law.

AMPACC Websites are created and owned by AMPACC Law Group, PLLC in Washington State. No attorney-client privilege is created by simply accessing and using the AMPACC Websites.

If you decide to file an application in the United States, you may be represented by U.S. licensed attorneys affiliated with AMPACC upon a successful conflict of interest check. To maintain confidentially, you must communicate confidential information only through the licensed attorney with whom you have an attorney-client relationship.

Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our Privacy Policy can be found by clicking here. The Privacy Policy is expressly incorporated into this Agreement by reference.

In connection with the use of certain AMPACC services, you may be asked to provide personal information in a questionnaire, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant AMPACC a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by us at any time by removing your personal information from the applicable service.

Ownership

AMPACC Websites are owned and operated by AMPACC. All right, title and interest in and to the materials provided on AMPACC Websites, including but not limited to information, documents, logos, graphics, and images (the “Materials”) are owned either by us or by our respective third party authors, developers, or vendors (the “Service Providers”).

Except as otherwise expressly provided by us or applicable Service Providers, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way. Nothing on the AMPACC Websites shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication, or otherwise. Any rights not expressly granted herein are reserved by AMPACC Law Group, PLLC.

Third-Party Websites

AMPACC Websites may contain links to Websites controlled by parties other than AMAPCC (the “Third Party Websites”). We work with a number of partners whose websites are linked with the AMPACC Websites. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services, or use of the Third-Party Websites or any website accessed from a Third Party Website, or any changes or updates to such sites.

You acknowledge that you bear all risks associated with access to and use of the content provided on Third-Party Websites and agree that AMPACC is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You may contact the applicable Third Party Website if you have any concerns regarding such links or the content located on a Third Party Website.

Payment and Refund

Among other things, payment of requisite fees and clearing of the conflict check are needed to establish an attorney-client relationship between you and AMPACC as well as the execution of the engagement letter.

If a conflict of interest exists and cannot be resolved in conformance with applicable bar rules and/or regulations, we will refund you for any fees paid in anticipation of legal services rendered. Any other issuance of refunds is at the sole discretion of us.

Government fees are any fees paid directly to an applicable government agency in association with legal services. AMPACC Websites collect government fees in United States Dollars (USD). If no government fee is paid for a trademark registration order, or you do not respond to follow-up questions from a trademark registration order placed on AMPACC Websites within two (2) weeks from the placement of a registration or other legal service matter, we will earn legal fees in the trust account if legal services have been rendered to you. Any government filing fees paid in conjunction with legal services are non-refundable.

NO WARRANTY

THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM 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.

WE MAKE NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS 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 MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

USE OF ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE 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 AMPACC, ITS OFFICERS, DIRECTORS, EMPLOYEES, 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 THIS AGREEMENT, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF AMPACC, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO 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 AMPACC, its officers, directors, shareholders, 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 AMPACC Websites and the Materials.

Compliance with Intellectual Property Laws

When accessing AMPACC Websites, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the AMPACC services and the AMPACC Websites 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, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit.

Inappropriate Content

When accessing AMPACC Websites or using AMPACC services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any content that is (i) libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate or delete such material from its servers. We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Children

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

Governing Law; Venue

By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Washington. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Washington, and in the County of King. You and AMPACC 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. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

Agreement for Binding Arbitration

We do not anticipate having any disagreements with you, the user, regarding the usage of this Site. But if any concerns about these matters arise, please notify us immediately. We would endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes ourselves, then you and us both hereby agree that all disputes or claims between you and us of any nature whatsoever, including but not limited to those relating to use of the Site or the quality or appropriateness of the services offered by us, shall be resolved by binding arbitration before JAMS Mediation, Arbitration and ADR Services or Washington Arbitration & Mediation Service (the “Arbitration Services SERVICES”). We choose arbitration because it is usually less expensive and quicker than litigation and will allow us to resolve our disputes privately.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this AGREEMENT. YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and us agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

The arbitration shall be conducted by the Arbitration Services identified above. Subject to the preceding provisions agreed to by the parties contained herein, the arbitrator must decide all disputes in accordance with the chosen association’s rules and in accordance with Washington law, and shall have the power and obligation to decide all matters submitted, including arbitrability and legal questions raised by pleading or summary judgment motions. In the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that their respective rights and obligations shall be governed by the laws of the State of Washington. Furthermore, in the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that any and all legal action or proceedings shall be instituted in a state or federal court in located in King County in Washington State.

You understand that it is free to consult with other counsel about the wisdom of agreeing to arbitration or to any other term of this agreement before accepting it, and that you agree that it is voluntarily accepting this agreement.

Copyrights

Trademarks

AMPACC, ampacc.com, the AMPACC logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of us. All other trademarks, product names and firm names or logos cited herein are the property of their respective owners.

Legal Representation

An attorney client relationship is not formed between you and AMPACC or any of attorneys associated thereto unless a separate retainer agreement or engagement letter mutually executed and the conflict check is cleared. Mere use of the AMPACC Websites does not mean that you automatically become a client of AMPACC.

Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on our services 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.

Acknowledgment

BY USING THE AMPACC SERVICES OR ACCESSING THE AMPACC WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.