Terms & Privacy

If using the Madisontrademarksolutions.com website (the “Website”), you agree to these terms and conditions as an agreement by and between you and Madison Trademark Solutions, PLLC (referred to as the “Firm,” “we,” “us,” or “our”). This Agreement also incorporates our Privacy Policy as if set forth at length herein. If you do not wish to agree to these terms, please refrain from using the Website.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.

1. Conditions to Use our Website

Your permission to use the Website is conditioned upon your agreement that you:

• Will comply with these Terms of Use;

• Are 18 years of age or older and can enter into a contract;

• Will not use the Website in a manner that violates the laws of the United States;

• Will not copy or distribute any part of the Website without our prior written consent;

• Will provide accurate information when creating an account or submitting content.

2. Legal Services and Attorney-Client Relationship

Madison Trademark Solutions, PLLC is a law firm organized and operating in the State of Minnesota. While the Website provides information, an attorney-client relationship is only formed once you have signed a specific Engagement Agreement and paid the required Advance Deposit into the Firm's Trust Account (IOLTA), subject to a final conflict-of-interest check.

3. Search Services

If you use our search services, we use commercially reasonable methods to identify marks that may match the ones you seek. We cannot make any guarantees; all final registration decisions are at the USPTO’s discretion. Due to the subjective nature of trademark law, it is possible that a search may not identify every potential basis for a refusal.

The Comprehensive Search entails a review of the USPTO federal database, state registries, and common law sources. It is limited to direct matches, phonetic similarities, translations, or similarities in appearance.

4. Standard and Premium Packages

Upon submission of an order for a Standard or Premium Package, the Firm will perform the searches and legal analysis described in the package description.

• Correspondence: You consent to the Firm using your provided email address to receive electronic correspondence from the USPTO.

• Scope: Packages include up to one (1) class of goods or services. Additional classes involve extra government and legal fees.

• Exclusions: Standard/Premium packages do not include responding to Substantive Refusals (Office Actions). These packages make no warranties that your use of the trademark is authorized by law or cannot be challenged by third parties.

5. Refund and Cancellation Policy

We strive for 100% satisfaction. However, because our services involve professional legal time, the following refund rules apply:

• Hourly Rate: Time spent on Standard and Premium services will be billed at $200.00 per hour.

• Cancellation Fee: A 10% cancellation fee will be charged for all refunds.

• Example: If a client orders two Premium packages and the Firm spends two hours on legal research or administrative work before the client cancels, the Firm is entitled to two hours of work at $200.00 per hour plus the 10% cancellation fee.

• Government Fees: All government filing fees are non-refundable once submitted to the USPTO or USCO.

• Deadline: Refund requests must be submitted within 30 days of purchase and before the final filing has been submitted to the government.

6. Disclaimers and Limitations of Liability

The Website and services are provided "as is." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FIRM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO CEASE USE OF THE WEBSITE. THE FIRM SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR DATA.

7. Indemnity

You agree to defend and indemnify the Firm and its officers from any claims, damages, or expenses (including attorney's fees) arising from your violation of these terms or your violation of any third-party intellectual property rights.

8. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Minnesota.

Arbitration: Any Dispute shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration is mandatory and binding; neither party will have the right to litigate in court or have a jury trial.

• Location: You agree to commence arbitration only in Hennepin County, Minnesota.

• Class Action Waiver: NO CLASS ACTION OR REPRESENTATIVE ACTION SHALL BE ALLOWABLE.

9. Modifications

The Firm reserves the right to modify these terms at any time. Changes are effective upon posting to the Website. Your continued use of the Website constitutes acceptance of the modified terms.

10. Miscellaneous

The Firm reserves the right to limit the sale of products or services to any person or geographic region. If any provision is held invalid by a court, the remaining portions remain in full force. You may not assign your rights under this agreement without our written consent.